Tag Archive for creditor

Top Credit Tips: Credit cards, bankruptcy and counseling

If you’ve suffered past credit issues or current money problems, here are the top tips to help you to a better financial future. Tips on credit cards, debt counseling and bankruptcy.

Question 1:

I have most of my savings maxed out in FDIC secured savings accounts. How good is the FDIC guarantee? – Lugi, Florida

FDIC means it’s backed by the federal government – and that means it’s the best financial guarantee you can get.  This “insurance” protects you against the loss of your deposits if an FDIC-insured bank or savings association fails. And it doesn’t matter whether its checking or savings accounts, money market deposit accounts or CDs.  There are limits though – up to $100,000 in each banking institution. Some retirement accounts, like IRAs are insured up to $250,000. But keep in mind, The FDIC does not insure the money you invest in stocks, bonds, mutual funds, life insurance policies or annuities even if you purchased these products from an insured bank.  To make sure your bank is FDIC insured, call 1-877-275-3342. Generally you will see a FDIC sign where deposits are received.  For more info, check out FDIC.gov. Let’s face it, if the federal government doesn’t make good on the FDIC promise, you have bigger problems than losing your money.

Question 2:

Do those debt settlement companies really lower your debt and get it paid off in 3 to 5 years? Please help, I am not sleeping at night. – Mary, West Virginia

Generally we don’t advise going to debt settlement companies. These companies may advise you to stop paying your debt immediately. And this won’t only continue to damage your credit report, but you’ll still be accruing debt, late fees and interest with your creditor. Plus, these debt settlement companies often have fees you’ll be responsible for.  If you can’t create a workable budget yourself or negotiate a payment plan with creditors, your best bet is to chose a legitimate credit counseling organization.  Many state attorneys general have toll free numbers where you can check out such organizations, or call your local Better Business Bureau. You can also check out the National Credit Counseling Agency at nfcc.org.

Question 3:

I had to file bankruptcy in 2003. Now I am a victim of the housing/mortgage crisis. How soon can I file bankruptcy again? – Chris, Florida

It depends on what kind of bankruptcy you filed in 2003. If you filed chapter 7, it will be 8 years before you can file for Chapter 7 again. So you’ll have to wait. However, there is a type of bankruptcy called chapter 13 which you can do right away – this does not wipe away your debt, but forces you to pay it off over time. Remember, even if you do file again, your credit score is damaged. Bring yourself back from the brink by going to a credit counseling agency. It’s going to be hard to repair your reputation with creditors after declaring bankruptcy twice.

Question 4:

I heard that one of the ways to make money in real estate is to buy a foreclosed property. Should I go for this type of investment? – John

You can make money in foreclosed properties because you’re buying at such a steep discount. But there are some serious drawbacks to investing in this type of property. For example, the tenant may still be in property or you may not be able to see the condition of the property. And there may be other liens against the house that you may inherit as the new owner. You’ll need to be familiar with the laws in your state. To do this, go to the county clerk’s office.  To find what properties are being auctioned, you can also check the listings in your local newspaper. Or you can do your research online.  Yahoo has a site for foreclosed property. There are also places online that list foreclosed properties, like foreclosure.net and realtytrak.com.

Question 5:

I am sixteen years old and I’m trying to get my passport for the very first time. How much would it cost? How many days will it take to get my passport? – Emiley, Florida

Well, Emiley, you’ll pay $97. If you need your passport quickly, you can apply for an expedited passport. That will take about 3 weeks. Otherwise, it could take you 4 to 6 weeks to get your passport. Check out travel.state.gov for details.

Question 6:

What is the best way to rebuild bad credit? – Michael

Obviously you’ll want to start with paying your bills on time and putting away the credit cards. And it matters. If you have a poor credit score – we’re talking something below 620 – you’ll face higher-cost loans, more expensive insurance, and possibly even a little discrimination in the job search. If you’re credit problems simply stem from late bill payments – maybe you’re forgetful or a procrastinator – automate as much of your bill paying online as possible. That will keep you from missing payments. However, if you can’t cover your monthly bills and use credit cards to make up the difference, it’s time to do some soul searching. Get together your bills and look at your income with a new eye. Is housing just a third of your income or is it more? How much are you spending eating out? These are two items that people typically overspend on. Put together a budget and try to stick to it. No matter what the source of your money woes are, it makes sense to look at credit reports to make sure that your credit score isn’t suffering from bad information. Check the account numbers. Are they yours? Are you identified correctly? If the information is incorrect, you can contest it by writing the credit rating agency directly. Get your reports at www.annualcreditreport.com.

Question 7:

How can I safely freeze my credit with all three bureaus? – Dave

A freeze is essentially locking your credit file against anyone – lenders, ID thieves – who may be trying to open up a new account in your name. It’s effective, but it can be inconvenient and it’s not free. You’ll have to mail separate certified letters to each of the major credit reporting agencies, TransUnion, Experian and Equifax, and pay $30 bucks for the privilege. And if you want to apply for credit, you’ll have to unfreeze your account a few days before you apply for any loans. That will cost you another $30 in most states.  A better solution is credit monitoring. A credit monitoring service will alert you when there are inquiries into your account or any new accounts that are opened in your name. But it’s more expensive – $10 to $35 a month. For my money, I do the cheap and easy stuff: get off junk mail lists and shred credit card offers before tossing them in the garbage. I also keep a close eye on my credit card.

Question 8:

Is it good or bad to cancel the credit cards you do not need? – Mohamed

Unfortunately, there’s no easy answer here. Lenders look at two things: how much debt you have and how much credit is available to you. When you close accounts, you have less credit available to you compared to your debt. That can hurt your score. Plus, you benefit from having a long credit history. On the other hand, if you find that having too many cards tempts you to run up more balances, or you just want to simplify your financial life, closing accounts may work in your favor. You’ll have a better sense of your debt levels too.

Question 9:

How do we cut down on the amount of “junk mail”? – Katherine

Most of us get at least a few credit card offers and other junk mail every week. But if you want to stop these offers here’s where you need to go: optoutprescreen.com. You can also call 888-5OptOut. This is a free service set up by the credit reporting industry. Once you give this info, you’ll be taken off mailings for five years. As a note, if you signed up for this service more than five years ago, it’s time to re-register. If you want your name removed from Direct Marketing members – this may include businesses in your community, coupons or catalogues – go to DMAchoice.com. You’ll have to pay a one-time fee of a dollar. But that’s a small price to pay.

Article by Gerri Willis- CNN money

Repairing your credit with debt settlements

SOL: Statute of Limitations

Many times you may set out to repair your credit using the method of disputing to the credit bureaus alone. While this may work a majority of the time, there is a percentage that remains unaffected by this. Another alternative to repairing your credit- permanently is to do it through an accord and satisfaction also known as a restrictive endorsement and validation of debt.

How it works
When you have a charge off or collection account and it has been verified as accurate from the credit bureau, that is telling you that the credit bureau has questioned the item to the source which is usually the creditor or collection agency. They have replied back that the negative account is accurately listed. Once that has taken place you are usually at a dead end to repair your credit but… you can try to do two things. Offer a partial settlement for full satisfaction or offer monthly payments with a restrictive agreement that will allow for the debt to be reported as paid once the final payment is received. Or you can request debt validation. It is up to you to decide which works best for your unique situation. Next you will want to determine which way to go.

Start by offering in writing about 35% of the total debt as full and final payment. If they agree, make sure it has all been done in writing not via phone. Writing preserves your rights and shows a paper trail. Do not discuss any details by phone. Once you offer to settle the debt for less and have sent off your offer certified mail, wait for a reply of yes or no from the creditor (usually a collection agency). If yes, simply make several copies of their signed agreement and forward the settlement amount to them via money order. I don’t recommend using your personal check. The less they know about you, the better. Make sure your offer includes a clause that the debt will be reported as paid upon settlement. If they fail to update their records, you have the proof to send to the credit bureaus.

The second method of settlement does not involve a partial payment offer that is sent off in one payment say to settle a 3,000.00 debt for 1,250.00. This method is settlement by payment. Many times if a creditor feels there is absolutely no other way to get money from you, they will accept payments of either the full amount or a settlement offer. This works well especially if the creditor knows that you know the SOL (statute of limitations) is expired. Be sure to check your SOL. If the creditor understands that the debt is totally uncollectable, the SOL is expired, the reporting time has passed or simply feels giving that day (sure) then your odds of improving your credit via settlement payments fairs quite well.

Draw up your offer to make payments with the restriction that at the end of the final payment, the account will be rated as paid. Ratings vary depending on what the creditor agrees to but generally speaking you want to take a collection, charge off or delinquent debt to “paid.” If that is not possible then your next best rating would be “paid for less” which then moves onto “settled for less” or “settled.” Any rating of “paid was charge off, paid collection or creditor disputes” are all ratings that do not work in your favor. Your ultimate goal here is to get the rating up. After all that is why you are paying on the debt to begin with. Remember to remain on your toes when dealing with creditors and collection agencies. They are quite savvy and once slip up by you could renew the SOL or worse.

OC vs. CA
Finally consider the above methods depending on whether you are dealing with an OC (original creditor) or CA (collection agency). Creditors do not follow the FDCPA and therefore do not have to allow you VOD rather they follow state laws and federal truth in lending laws. A VOD will NOT work with an original creditor only a collection agency. Either way whether you are settling prior to charge off or after charge off be sure to use Restricted Payment options to ensure that either the OC or CA change the rating. With a collection agency you would shoot for total deletion first (only accept paid or settled if you feel it will improve your credit because anything from a CA is negative!).

Caution!!
If a collection item is NOT yet on your credit reports (check to be sure) then be sure to add a Confidentially Clause in your settlement to ensure they do not report after payment is received. By adding a confidentiality clause you prevent the CA from disclosing anything about the debt. However if it is already on your credit reports DO NOT add that clause or you will prevent them from adding the new better rating or worse.

Fixing your credit from divorce

Getting divorced is stressful enough but the effects on your credit reports can literally ruin you- financially. The good news is however that you can clean up your credit after a nasty divorce using some pointers below along with a lot of patience.

Determining your credit issues

First of all it is absolutely necessary to evaluate your credit as it stands now. Are there major issues like a pending foreclosure, unpaid credit card debts or even back child support hindering your credit? If so you need to approach each issue separate and use any documentation you have to prove that the item doesn’t belong there. Of course in a marriage both partners are usually responsible for debts incurred during the marriage but if the debts were incurred while you were separated or without your knowledge then you may not be liable for those debts. Sitting down and reviewing all three credit reports is a must.

One item may not be on all three credit reports so before you can begin disputing the entry to a credit bureau you have to determine which bureau is picking up the item and then write your dispute to that particular bureau. In your dispute be concise and include any documentation you have such as a copy of your separation agreement and who is to pay the debt and or your divorce papers to prove the debt was incurred after the divorce and without your knowledge.

Please note however that even a court ordered agreement of who pays what from the marriage does not overrule a contract that was created during the marriage. The creditor doesn’t care who the judge ordered to pay the debts and if one person defaults they have the right to go after either or both.

Contacting the credit bureaus

Once you have determined which debts you are going to challenge you then need to draft your dispute letters to the credit bureaus. There are three major credit bureaus and soon there may be a fourth bureau that you will have to consider.

Equifax P.O. Box 740241 Atlanta, GA 30374 800-685-1111

TransUnion Consumer Disclosure Center P.O. Box 390 Springfield, PA 19064-0390 1-800-888-4213

Experian P.O. Box 2104 Allen, TX 75013-2104 1-800-682-7654

Be sure to send your disputes CMRR- certified mail return receipt so that you will have a paper trail of your communications with the credit bureaus. By law the bureaus have 30 days to investigate the items and send you a new updated version of what they decided. If any portion of the item they investigated was obsolete or unverifiable, it will be removed. Even accurate but negative credit can be removed because the credit bureaus must be able to verify everything as 100% accurate. If they cannot, the item must be removed. This is how many charge offs, judgments, liens and even bankruptcies are removed. The Fair Credit Reporting Act governs these actions.

How long can bad credit remain legally?

That depends. It is 7 years for debts and 10 years for bankruptcy although some credit bureaus only report a bankruptcy chapter 13 for 7 years because at least the debtor is attempting to repay his debts. Judgments can remain until the statute of limitations expires to collect it.

Following up

Just as disputing is the only way to get results so is follow up. Without a solid plan of attack you will accomplish very little. Be sure you are diligent about following up on the bureaus investigation and if need be turn your efforts to the original creditor or the source reporting the item. If you are a patient person you can use credit repair aids and do the work yourself. If you are looking for convenience then you can hire a credit repair attorney to do the work for you. Either way the same methods are used which are disputing to the credit bureaus using the FCRA- Fair Credit Reporting Act, validating debts, checking SOL’s (statute of limitations for the collectibility of the debt) and and being persistent.

Kristi Feathers is an author and speaker on credit issues. To reach Kristi you can visit her site at http://www.kristifeathers.com/ or http://www.carreonandassociates.com/ to purchase her credit management guide for consumers

Affordable credit repair solutions

Consumers are often overwhelmed by credit repair. The words alone send some consumers into denial. Most are afraid they’ll make their credit worse or they assume hiring someone to do it for them costs too much money.

That’s not always the case. With the advent of technology, streamlining credit repair is getting faster and better for consumers. About 10 years ago, it was a tedious process getting your credit reports to a credit repair agency and waiting for results.

Nowadays, it can be as easy as signing up online and sitting back waiting for the results. Don’t get me wrong, I think a lot of people have what it takes to do the task themselves but if you’re one of millions who find it overwhelming or simply don’t understand or have the time to fix your credit, then hiring a pro can be beneficial.

As always, as with any service, know who you are hiring. When seeking a credit repair company always look to their policy of refunds or guarantees. Make sure the company has a clean and clear BBB record (Better Business Bureau) and make a list of questions to ask before you sign up.

Once you’ve decided who you’ll hire then you can get on the road to better credit. Critics often say that credit repair is impossible. I don’t buy that at all. I’ve repaired many many credit reports. It’s possible and fortunately for us consumers, the bureaus and creditors make lots of mistakes.

I say make your credit the absolute best you can. Once you get there, keep it pristine.

A good source of FAQ about credit repair is DSI. Click here to read their FAQ on credit repair procedures, guarantees and more.