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Credit repair firms
can help clean your
credit report -- but do your homework
first
By Isabel M. Estrada-Portales Bankrate.com
Fixing errors on your credit report can be a
daunting task. There's red tape to cut, legalese to decipher, letters
to send and voice-mail gantlets to run.
You could do it yourself. But if spending hours
of your time hearing "press one for this, press two for that" phone
menus is more than you can bear, you could -- if you're extraordinarily
careful -- hire a credit repair company.
"On many occasions, people don't know exactly
what to do, whom to contact or how to write a claim," says Rev.
William Miller of Cornerstone Financial Counselors, a Christian
organization in Miami, Fla., that offers credit counseling. "The
main limitation is the lack of time. The vast majority does not
have the time to deal with this kind of bureaucratic proceeding."
It's important to distinguish between fixing
erroneous entries on a credit report and erasing accurate notations
of real mistakes. You can correct errors yourself, or someone can
do it on your behalf. But there is no legal way to make accurate
reports of late payments, default and bankruptcies evaporate. Accurate
but negative information can't be removed until it's more than seven
years old; bankruptcy information stays for 10 years.
"There are no magic fixes," says Steven Baker,
a spokesman for the Federal Trade Commission's regional office in
Chicago. "The only way to fix a credit report is by starting to
build a solid credit history, paying bills on time and paying off
debts."
The
FTC sees wrongdoing
Too many companies have claimed otherwise, leading to passage
of the Credit
Repair Organizations Act, which went into effect in April 1997,
and a Federal
Trade Commission crackdown, Operation
Eraser, that began in March 1998 and targeted 31 companies
that promised, for a fee, to restore creditworthiness.
The FTC alleges that crooked operators have
been promising more than they could legally deliver.
In the FTC's eyes, the worst offenders urge
clients to assume a new identity for credit purposes. According
to the agency, these companies charge anywhere from $21.95 to $129.95
to establish a new credit record for clients by getting them an
Employer Identification Number, which has the same number of digits
as a Social Security number, and using that number -- instead of
a Social Security number -- on credit applications. Anyone who applies
for an EIN under false pretexts, or uses a fake Social Security
number, is breaking the law.
"This practice is absolutely illegal," Baker
says. "We have worked on 15 cases of people who were doing this
type of thing. It's completely illegal and you can be prosecuted
for it."
Obtaining a new credit identity doesn't always
work, either, because the new identity is in itself a red flag for
potential lenders. A 40-year-old who suddenly appears in the credit
records with no previous credit history invites close scrutiny.
It may not be necessary to get anyone else involved
in your credit repair problems, experts say. If you're up to the
task, Bankrate.com has a
step-by-step guide explaining the process.
"I have not seen any company that really does
anything that consumers can't do themselves," says FTC spokesman
Howard Shapiro. "It's probably not as simple as calling for a pizza
delivery, but you will save money."
Your
credit report rights
The Fair Credit Reporting Act of 1970 and amendments to the
law passed in 1996 give consumers the right to verify and correct
information on their credit reports. If a consumer challenges an
item on the report, creditors have 30 days to prove that the item
is correct; otherwise, it must be removed.
"It doesn't matter if the information is right
or not," Miller says.
"This has always been the law," says Alex Fornet,
a spokesman for Credit Doctors of South Florida, a Miami credit
repair company. "The only difference is that before, the verification
process had to be done within 'a reasonable amount of time,' whereas
now it can take no more than 30 days. Since everything is computerized
nowadays, it can usually be done quickly."
Those who decide to seek assistance can expect
a credit repair company to pull their credit reports and contact
their creditors to verify information and provide evidence to battle
errors.
Some firms go beyond error-fixing. "We work
with the creditors and get them to agree to wipe out the debt in
exchange for a repayment plan," Miller says. "If the credit issuer
agrees to the terms, the credit bureau has to remove the outstanding
debt from the report."
And a good credit repair service will be diligent
in pestering the often-slow bureaucracy of credit bureaus.
The Public Interest Research Group had its own
members request their credit reports for a 1998 credit
report survey. Twenty-two of the 155 requests were never honored,
despite repeated efforts to shake them free from credit bureaus.
A good credit repair service will pressure a
slowpoke credit bureau, Miller says. "Credit bureaus represent their
clients and their clients are the creditors. They have to defend
their clients' interests, which is why they don't want any debts
wiped from the report, because they would end up losing money. That's
why they put up so much resistance. These claims may seem simple,
but they take time and persistence."
How
much will it cost?
Credit repair companies charge anywhere from $50 to $1,500 for
their services. At the low end of the scale, they'll send you pre-formatted
letters that you can fill in and send to the credit bureaus and
some one-size-fits-all advice. In the middle, there are "credit
monitoring" services that, for a monthly fee, promise to keep you
informed of credit report inquiries and correct errors that crop
up. There are also law firms that will charge a monthly retainer
-- starting at about $100 -- to work on fixing mistakes. At the
high end, customers receive a lot of personal service, including
in-depth financial analysis and counseling.
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Credit
repair company rules
False claims and fraud led to a new federal law that firmly
spells out the limits for credit repair companies. Here are
some of the highlights.
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A credit repair company cannot:
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Make false claims about its services
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Charge you before it has completed the promised
services
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Perform any services until after the firm
has your signed contract and has waited three days --
a cooling-off period during which a consumer may cancel
the contract without penalty or charge
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The contract must specify:
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The company's name and business address
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Payment terms, including total cost
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A detailed description of the services that
will be performed
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The length of time it will take to achieve
the results
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Any guarantees
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Source: U.S. Federal Trade Commission
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Part of the charge often covers the cost of
ordering credit reports from the three national credit bureaus --
Equifax,
Experian
and Trans
Union Corporation. Keep in mind that if you do it yourself,
at most the cost will be $8 per report, so that if you pay someone
else to do it and the price rises above $24, you are paying for
convenience.
If you have been turned down for a loan or a
credit card, you are entitled to a free copy of your credit report.
The rejection letter should contain the address for the credit bureau
that issued the report. You can also get one free report each year
if you can prove that you're unemployed and plan to look for a job
within 60 days, you're on welfare or your report is inaccurate because
of fraud.
Check
out the alternatives
Before hiring a private credit repair firm, check out the alternatives,
including professional credit counseling services available at low
-- or no -- cost.
One, the National
Foundation for Consumer Credit, maintains1,450 offices and can
help people re-establish good credit without the risk of getting
snarled in a Web of deceit.
The foundation is a network of nonprofit organizations,
which usually operate under the name Consumer Credit Counseling
Services. Call 1-800-388-2227 for 24-hour automated office listings
or use their online
office locator.
Similar low-cost credit counseling is also often
available through universities, credit unions and on military bases.
If you suspect that a credit repair firm is
doing something underhanded, file a complaint with the FTC's Consumer
Response Center at 202-FTC-HELP (382-4357) or 202-326-2502 for TDD
users. You can also use the FTC's online
complaint form.
Many states offer additional protections. Contact
your
state attorney general to get information or make a complaint.
Even if everything appears to be going smoothly,
you would be wise to check your credit report periodically.
"It could be that someone is using your Social
Security number to request credit," Baker says. "In some cases it
could just be a mix-up with someone else who has the same name.
In any case, checking your report regularly can't hurt, but it can
certainly help."
Isabel M. Estrada-Portales is
a reporter for Bankrate.com
en español
-- Posted: May 31, 1999
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