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Article Series: Do It Yourself Credit Repair
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Credit Repair Laws and Legalities
A bad credit report can be an obstacle in the way
of securing credit, obtaining a lease, and even being offered
a desirable
job. Since a credit report is designed to be an accurate
depiction of a person’s credit and payment history, most
creditors consider credit reports to be good ways to judge
an applicant’s aptitude for prompt payments. Many consumers
find themselves at one time or another in need of some
credit repair so they can secure the credit they need.
There are laws
in place that define what credit reporting
agencies can list on a credit report, how long the items can
stay on the report, and who has access to the reports. These
same laws also protect the consumer in many ways. The Fair
Credit Reporting Act and subsequent updates allow consumers
to dispute certain items reported on their credit reports.
This law isn’t out to help people who think the reporting is
unfair, but rather to assist people with bona fide errors on
their reports to get them removed.
A problem arises, however, when unscrupulous companies use
aspects of the Fair Credit Reporting Act to swindle consumers
into thinking accurate items on credit reports can be removed
just by employing the company to petition the reporting agency.
Here is a word to the wise: stay away from companies,
which claim to be able to remove delinquent accounts from credit
reports. Legally, and ethically for that matter, a person is
obligated to pay debts and if the debts aren’t paid there is
no reason why these delinquencies shouldn’t be noted on a credit
report. Any company who claims to be able to erase these accurate
items on credit reports is not doing so in an ethical manner.
Basically, they are reporting the items as errors and demanding
that the items be removed from the credit report.
Legally, the credit reporting agency is obligated to remove
the items while an investigation into the accuracies of the
items is accomplished. So although it appears as if the company
kept its promise by getting the items removed, the investigations
eventually prove the items accurate, the items are reinstated
onto the credit report, and the consumer is out whatever money
they paid the company to remove the items in the first place.
Not a good deal.
Credit repair is very different for people with bona fide
errors on the credit report. Errors can arise from something
as simple as a mix up with names to as complex and dramatic
as fraud and identity theft. If errors are a result of simple
mistakes, the consumer has the right to contact the credit-reporting
agency and notify them of the mistakes. It is up to the reporting
agency to investigate the errors and correct them if appropriate.
If, however, the errors arise from something like identity
theft the process gets a little more multifaceted. It is up
to the consumer to prove in one way or another that identity
theft has occurred. Sometimes something as simple as a police
statement will suffice, although some consumers are reluctant
to report such fraud to the authorities, especially if a relative
or friend did the fraud. It makes sense that the reporting
agency would request a police report though; without one there
is no way to prove the outstanding debt on the credit report
wasn’t just the result of an overzealous shopping spree.
Some consumers can get quite frustrated when attempting to
repair their credit because the credit reporting agencies will
often seem hard to work with. It is important to keep in mind
that the main customer of these agencies is not the solitary
consumer, but rather the many lenders who utilize their services.
It is wise to approach the situation with as much documentation
as possible, in addition to a little drive and persistence.
Yes, legally, the reporting agencies are obligated to investigate
and correct errors, but they are notorious for not being particularly
great with their customer service capabilities.
Credit
repair can be a long and tedious process, but there
are many laws in place that protect the consumer. The need
to repair credit is a steadily common need, so a consumer feeling
overwhelmed can take solace in the fact that they aren’t the
only one having to navigate through the intricate web of rules
and regulations.
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by SolveYourProblem.com
: 2007
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