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If you are really behind on paying your debts or have gone through bankruptcy, advertisements from credit repair companies can sound very tempting. The ads might promise anything from being able to wipe all negative items from your credit record to being able to create a new credit identity for you. Services from these companies can cost anywhere from a few hundred to a few thousand dollars. Here are some tips to avoid fraud when dealing with credit repair companies.
First you must be aware than no one can remove timely and accurate information from your credit file. For example, if you were 60 days late on your mortgage three times in a row, that information will stay there for seven years; no one, not even a credit repair company can have it removed. Also, no one can wipe out the record of a bankruptcy; it will remain on your credit report for ten years. If the firm you are dealing with claims to be able to remove this type of information, they are making a false claim.
Avoid a firm that does not inform you of your legal rights and what you can do yourself for free. They are probably dishonest and wish to charge you for services you could perform yourself.
If the firm discourages you from contacting a credit bureau yourself, it is quite likely that they are fraudulent. An honest and reputable firm would know and would tell you that you are entitled to write the credit bureau yourself in order to straighten out any erroneous information in your file.
Do not do business with a firm that wants you to pay up front before they provide any credit repair services. It is illegal under the Credit Repair Organizations Act for the firm to require you to pay them before they have completed the credit repair service for you.
If a firm advises you to challenge all the information in your file, even if you know it to be accurate, they are giving you bad advice. They are encouraging you to commit fraud by lying about the accurate information.
If the credit repair company advises you to create a new credit identity, they are giving you illegal advice. This practice is called "file segregation", and it is against the law. The credit repair company will likely direct you to obtain an Employer Identification Number (EIN) from the IRS. After you obtain the EIN, they will direct you to use it in place of your Social Security Number when applying for credit. EINs are designed to be used by businesses to report financial information to the IRS. Since it is illegal to obtain an EIN under false pretenses, you may face fines or even a jail sentence for obtaining the EIN. It is also illegal to provide false information on a credit application and to misrepresent your Social Security Number, so using the EIN in place of your Social Security Number could expose you to federal prosecution. If you provide the EIN over the telephone or through the mail, you could be prosecuted for wire or mail fraud. It could also expose you to civil fraud charges.
An honest credit repair company will offer you a written contract that spells out their services in detail. They will also inform you that you have 3 days to cancel the contract without paying them any fees. The contract will spell out the company's name and address, a detailed description of the services to be performed, the payment terms for the services, the time period for performance of the services, and any guarantees offered. The reputable firm will not charge you until they have completed the service. They will not make false claims about the services they can provide.
Before engaging the services of a credit repair company, think about whether or not you can perform these services yourself. Anyone can write to the credit bureaus and dispute inaccurate information in their file. If you are worried about being able to get credit for a particular purchase, such as a house, you can contact the creditor and discuss their criteria for granting credit. You might find, for example, that obtaining a mortgage is possible even if you have gone through bankruptcy, if you have a good payment record in the last several years and you are willing to pay a higher interest rate. If you need help negotiating with creditors and getting your finances in order, there are many non-profit credit counseling services that will help you. Repairing your credit yourself or with the aid of a non-profit credit counseling service can save you the hundreds or even thousands of dollars you would pay a credit repair company. |
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