3 Common Errors On Credit Reports That Consumers Often Miss

 Many people attempt to repair their credit by mainly disputing negative information on their credit reports with the credit reporting agencies. I believe everyone that is trying to repair their credit needs to dispute with the credit bureaus/credit reporting agencies (CRA's). I also believe that disputes need to be sent directly to the furnishers of that negative information, that would be the alleged creditors and 3rd party collection agencies.  

Now when disputing with the CRA's, I hear and read that a lot of you are disputing "no contract" or something similar to that.  That is an honest, true, and factual claim or reason for the dispute but if you keep disputing like that, you're going to end up getting the dreaded "frivolous" letter. CRA's can send you that and tell you that they are no longer going to entertain any challenge from you on that disputed item. I believe they can ignore your dispute for the following 6 months. That will delay your progress if you get yourself into that situation.

What you need to do is to pick apart the information that is furnished and find every error you can because that is what you use to dispute and that's how you keep from getting the "frivolous" letter. You can dispute that you have no contract with the company but when they respond that it is verified, you shouldn't dispute the same thing again immediately afterwards.  To continue the dispute and keep fighting, you have to bring up another error you found on your credit report. 

Here are some things that maybe you forget to dispute or maybe didn't even realize you could dispute:  

*    Is there a notation on your report that you have disputed that information? Well, how long has that been on your credit report? It should only be on your report for up to 30 days because the courts have determined that 30 days is a reasonable amount of time to "verify" the accuracy and get back to you. So, if it says consumer disputes and then it says "consumer disagrees", well then contact them and say, if you provide the proof that it's been verified, send me the documentation. If it's proven that they are reporting accurately, then I'll agree.  I haven't received proof of diddly squat yet. You can't just say consumer disagrees and leave the "disputed" notation on my credit report, and you claim its "resolved" without sending me the proof.  Either you prove it or remove it! They can't say it meets FCRA guidelines either. The FCRA says they have to have it accurate, complete and verifiable or else it has to be removed. If it meets the requirements in the FCRA, then they should have sent you the proof, or corrected it, or sent you the sworn verification. Remind them of the definition of "Verification" from Black's Law Dictionary including the accompanying case law.

*    Do you have a charge off that shows a balance and also shows a past due amount? I have no doubt that there are multiple errors on this furnished information but the thing that stands out quite a bit to me is that on a charge off, there is not a "Past Due" amount, It's been charged off. It's no longer late. They can claim there's a balance but believe me, that is another error that they need to prove in order to force you to pay them. That's a topic for another time but for this post, don't forget to dispute this with the CRA's. This furnisher is claiming there is a past due amount on this alleged account but the law states that a charge off cannot have a past due amount. Correct or delete this immediately pursuant to the requirements in the FCRA.

*    This last one is a whammy that they all violate probably 95% or more of the time. The FCRA Requires that every alleged account that if furnished to a credit report also includes the DFD, or you can say the DLA. What do those acronyms stand for? Date of First Delinquency and Date of Last Activity. So, the DLA is the date you last made a payment on that account. The DFD is the first month that you missed a payment on the account prior to the account being charged off,  Why are these dates important? Because they are the key to knowing when the Statute of Limitations runs out for collecting and for reporting it on your credit reports. It should be no problem for an alleged original creditor to furnish accurate dates on your credit reports. You can look at your credit reports, all 3 bureaus side by side and you will see that each CRA report usually differs on each one.  I don't know that I've ever seen an accurate DLA or DFD on an alleged account furnished by a 3rd party collector. I will reiterate that this is a very important requirement stated right in the FCRA and also, there are FTC Staff opinion letters written about this common error and requirement.

Please take this information and apply it to your CRA disputes to hopefully start seeing some better results. It will protect you from getting slapped with a "Frivolous" violation and suspension of your ability to dispute, It will also help you find multiple errors to dispute and use against the furnishers and CRA's to make your credit reports pretty again,

If you've found this information useful, please consider donating through the "DONATE" button on the right hand side of this page. Also, please see the post I'm placing right below here. It has a link to GiveSendGo which is similar to GoFundMe but they don't steal people's money.  My family is going through a very rough time right now and we need all the help we can get. I really appreciate any help you can give whether it be financial, or sharing the link on your social media or your prayers. All of it is appreciated,

One more thing. I have been very busy the last couple of years, Busy with credit repair, busy with assisting clients with lawsuits, and health problems that landed me in the hospital for quite a while. After that, I decided that I would be scaling back my credit repair services and concentrate much more on teaching others how to fix their own credit and also training credit repair companies how to have more successes for their clients.

I have been working hard on this training and will be posting some more information about it soon. I'm almost ready to launch it so if you're interested in learning even more that what you can find here on my blog, come back often and when I announce it, you can sign up at that time. Thank you and best wishes on your credit repair success,

Here is the link to the information about my family's situation right now. 

https://givesendgo.com/lopezfamilyfunerals

Please help by donating and/or sharing. We have 4 funerals that we need to pay for before we can hold the services. Thank you so much for helping us. Here is the link to donate. https://givesendgo.com/lopezfamilyfunerals

Shannon Lopez

ttiFebr4uary S24 una1oi2ti 211a:53 frelPMd  · 

Shared with Public

As some of you may know, we recently lost 4 of my husband's family members. We are comforted knowing that they loved our Lord Jesus Christ and are no longer suffering with pain or struggling to breathe. They are in Heaven worshiping and praising God now.

However, now we need some assistance covering the costs of burying our loved ones. I am asking for help both financially and/or by sharing the link to GiveSendGo as we cannot hold our funeral and burial services for them without everything being fully paid.

I'm including the link below and really appreciate any help you can give. Thank you for your prayers and support.

https://givesendgo.com/lopezfamilyfunerals

Why You Should Demand Validation From Debt Collectors

The majority of questions and requests for assistance are about debt collectors and 3rd party collections. These companies want your money but they did nothing to earn it or deserve it.  They are not owed anything and you really need to fight back to avoid paying them what they are not owed and to increase your chances of not being sued by them.

Many credit repair companies and many consumers as well dispute these items directly with the credit bureaus to get them removed. Sometimes you can have pretty good results for your credit reports by just disputing with the credit reporting agencies (CRA's) but most of the time, and especially if you are using an online tool to dispute, your results are not going to be great and sometimes not permanent.

But here is what I view as the problem with just disputing with CRA's. You're only disputing the accuracy for the most part.  Many people tell me they just dispute them as "No Contract" and most of the time I hear that the results come back as verified.  Even if the item is removed, it only means that the company just didn't respond in time or preferred to just let it be removed from the credit reports. Because you really don't demand validation through the CRA's, you haven't blocked their collection efforts.

Just because something isn't furnished to your credit reports doesn't mean they can't attempt to collect from you.  In order to block their collection efforts, the FDCPA says you must demand validation in writing. Once you have demanded validation, they must cease all collection activity until they validate. A demand for validation is the tool or weapon you need to use to get them to back off.

Now, many times these thugs make claims that they have checked their records, or that they have verified or that they have fulfilled validation requirements and they just continue on with their collection activity.  However, a well constructed validation demand letter will protect you in court if it lands there. When I say well constructed, I'm not talking about the nonsense you find online.

Eeesh!  I hate those ones where people say "This is not a refusal to pay..." and then goes on with a bunch of regurgitated stuff that makes up a validation form letter.  Do you think I would ever tell a company that isn't owed a dime and I know it that I'm not refusing to pay?  Oh, heck no!  My letter tells them I REFUSE TO PAY YOUR BS ACCUSATION unless you can prove me wrong!  Then I tell them the documents they need to produce to prove me wrong.

If you don't tell them what they need to produce, they can just skirt by and make whatever claims they want. Many times they will come back with a lame response such as "...there is no basis in law to send you the documents you're requesting...", I'm paraphrasing.  Well, I don't see that often, though I do occasionally.  But what I put in my validation demand letters is a legal citation for each item I'm requesting from them. So when I respond to that nonsense, I call them out and point them to review each case law cited, each federal act cited, each law, state or federal cited, and so on.

A competent and forceful validation letter is critical, folks.  This is power if they sue you or you decide to sue them. I've stated in other posts that validation is the Proof they need to come forward with and verification is the Sworn Testimony that MUST accompany it. They must have both. Without 1 or the other or any of what is demanded, they have hearsay but they don't have validation. Hearsay is inadmissible in a court of law and the courts have said it is incompetent.

So, you either need to learn what to demand and the laws, case law, or whatever appropriate legal ammunition that relates to each item requested to back up your demand, or hire someone who knows how to craft an effective validation letter.  If you don't demand validation, they can continue coming after you. They can continue to furnish on your credit reports. They can initiate a lawsuit against you. 

Demanding validation properly and always responding to their claims and rejecting their false claims is key. One more important thing about validation.  A demand for validation is rarely done with 1 letter. What I mean by that is, it is rare to send one letter and then they respond with a  letter telling you they're closing their file and removing the lie from your reports. These collection companies are getting very bold in their lawlessness, very stubborn, and they require a fight.

You must always respond. If they claim they've already addressed it and further similar communication will be trashed (well not exactly but that's what they sort of mean), you still need to respond.  YOU must be the last one to respond to anything other than "We're closing the file and removing our BS from your credit reports."  

You have a right to demand full validation. Know your rights. Exercise your rights. Fight back and don't back down. Basic bureau disputes don't completely protect you. You need to dispute with the CRA's but you Need to Demand Validation.  If you want someone who knows this game, knows the laws to use to back up the demands, will fight for you, contact me.  It's what I'm good at.  It's what I'm passionate about. I want to see you win this fight! 

You can reach me at futurefico@gmail.com or 951-801-2828

I'd love to fight for and with you. 

If you have found this blog helpful to you, please consider donating as a sign of your appreciation for information I have freely given to you.  The "Donate" button is on the right side bar.  Thank you for your generosity.

Pitfalls Of Paying Late On Credit Cards

Before February of 2009 there was this horrendous practice by creditors called a "Universal Default" that could catapult you into credit devastation.  The main practice was if you were to make a late payment to one creditor, all of the rest of your creditors could hike your interest rate to oblivion (okay, a little exaggerated but pretty common to see around 30%) even if you had never been late on those cards or credit extensions.  They would repeatedly be checking their consumers' credit reports for these late pays and then swoop in like vultures to reap the financial paydays they were allowed to render on mostly unsuspecting "debtors."  They could raise the interest on both current and future purchases, making the interest hike RETROACTIVE!  It may have been legal, but it certainly wasn't ethical or moral.  But, since when are banks or creditors ethical or moral? You should know by now that its always about money and profit to them.

Well, in February 2009, there was new legislation that went into effect that claimed to prohibit this practice of  "Universal Default."  I say claimed because, typical of anything that affects banks or lenders and is within reach of unscrupulous lawyers, there's going to be lobbying and backroom deals to make sure that any legislation would have plenty of loopholes and spin to still stab the consumers and rake in the money for them.  The legislation is called the CARD Act (Credit Card Accountability, Responsibility, and Disclosure Act).  It was supposed to protect consumers more and rein in the creditors a bit.  It was touted as the end of  the "Universal Default" practice.

So here we are now and there's no more Universal Default.  Except, there kind of is, its just that they call it by different names and it plays out a bit different.  Here's how the CARD Act works.  If you have a credit card, or credit line, whatever, some sort of credit agreement with a lender, and you've become 60 or more days late, they can hike up your interest rate if they want to (and you know they want to), to however high they want - there is no cap on the amount they charge for a "penalty interest".  However, under this act, if you are good little children and pay your bill on time for the next 6 months in a row, they have to restore your interest rate back to what it was before you got behind.  They also can't raise your interest rate based on your performance on other credit obligations. Kind of sounds like they care about us consumers doesn't it? 

Don't be fooled.  Those are about the only "good" things for consumers in this legislation.  How about this:  You are one of the best of the best.  High FICO Scores, never late, pay more than minimum, had the credit card for over a year. Can you believe that if they want, they can practically arbitrarily increase your interest rate to whatever amount they feel like?  And the fees -- oh the fees!! They are endless!  They can fee you now if you don't go paperless, or fee  you to pay by phone, or in person, or fee you for the convenience of accepting your payment, or an annual fee, you name it. They can make up all kinds of fees and call them whatever they want, to squeeze every last dime out of you.  

If you're late on a different credit card bill or credit account that is unrelated to them, they can give your situation another name, put you into a category where they can spank you.  So, if you are a bad child and end up as a potential defaulter, they can cancel your account or lower your credit limit, or raise your minimum payment or both the last 2, if they want.  If they raise your interest rate for whatever reason they make up, they can raise the minimum payment to an amount that would allow you to pay off the balance in 5 years.  That could be quite a payment hike!  They do have to give you a 45 day notice for raising your interest rate. But, if they don't raise the interest rate, they can raise the minimum payment as high as they want, and they don't have to give you an advance warning.  They don't have to give you an advance warning if they decide to close the account, either.

So, is there anything else that is "good" about this new-ish CARD Act?  Here's a few.  If they raise your interest rate and you say, "uh, no, you don't deserve my business, cancel the card," they can't make you pay the balance off in full in such short notice.  They have to allow you to make payments and pay it off in up to Five Years.  They can't "penalize" you with a higher interest rate for being late on some other company's card, and they can't raise the interest rate as a "penalty" for being late on their card, unless you are more than 60 days past due.  They have to review your account in 6 months from the start of the "penalty phase" and lower your interest rate back to what it was.  They can't post that you were late making a payment on your credit report(s) until after you are over 30 days late.  They have to keep the same due date every single month.  They have to send you a bill at least 21 days prior to it being due.  They cannot charge you for being late for not paying them midday. The cutoff time has to be at least 5 pm, their time.

So, for those of you that are still using credit cards, make sure that you're not late, at least more than 60 days late because that is when the heavy penalties can take affect.  Just be careful, read all your disclosures carefully, especially for those accounts you've had a long time.  They put those small print, contract changing enclosures in your bills.  You don't want an unwelcome surprise and not respond in time, if you cannot accept their new terms.

If they've already beaten you down and you can't or don't want to pay them anymore, no doubt your credit report has suffered.  You may want to think about fixing your credit.  If its not a job you look forward to, and don't want to handle all on your own,  feel free to call me or email me for some help.  Fighting these out of control creditors and scum of the earth  3rd party collectors is what I completely enjoy.  I would love to help you as well!

How Bad Credit Affects Your Credit Score (Part 3/3)

Part 3:  The effect bad credit habits have on your credit score

In the first 2 parts we talked about 2 of the most popular credit scoring models. Now I'm going to try to expose how the different bad categories affect your credit.  When I say "categories" I'm talking about collections, charge-offs, liens, late pays, judgments, bankruptcies, and accounts that are showing "Settled".  All of these things are negatives and hurt your credit score.  What's worse, is that they cost you money in higher interest rates, higher insurance rates.  Even your ability to get a better paying job, (or a job at all, in this economy), can be affected.

When you have negative credit on your credit report, the negatives cost you the most points when they are newly reported.  As time goes on, your score will raise a bit, regardless if you paid off the negative tradelines or not.  I always tell people that a negative is bad and once bad, always bad - even if its paid. It is just a "Paid" bad and costs you points.  In fact, when you pay an old negative, it sets a new date for how long that negative can stay on your credit.  That's one of the reasons why I don't advocate paying old debt at all.  You need to get those off, not just showing paid.

Exactly how the scoring and how many points for each baddie is figured, I can't say.  I do know some general information.  They like to keep the percentages and algorithms a secret.  Its my opinion that they do this because they don't want everyone having good credit.  Bad credit is Big Money.  Think about it, when you are offered pre-approved cards in the mail, they are almost always attached to higher interest rates, annual and sometimes monthly fees, teaser rates to start off with and then the rate jumps, and almost always, the type of cards offered are for people needing to rebuild their credit.  

These companies get your information from the bureaus.  The bureaus sell your information. They have lists of people grouped and categorized for sale. Those with bankruptcies approaching 2 years, those with paid collections or charge-offs, low FICO score range lists.  This is one of the main ways bureaus make money.  Now, these companies offering the credit cards, the ones that buy the lists from the bureaus, they stand to make a ton of money because the interest rates and fees are higher than what someone with A credit will accept.  As I said before, bad credit is big money, its big business.

So how many points do these negative items cost you?  Its not the same amount for every person. One thing that affects the amount your score will drop is what the FICO score was before the negative was placed on the credit.  The higher the credit score, then the more points a negative mark will cost you. I believe because this is true, that the points it costs you is a percentage of the starting score.  Also, the amount of points you get back when you get the negative removed is generally going to be less than the amount it cost you because the longer the negative is on your report, the less it costs you.  In other words, every time your credit score is updated, you may gain a few points.  Sometimes it updates because a new negative is put on, but it can be offset by the score raising a little bit, from the length of time older baddies have been on the report.  So time and changes to the report affect the score.

Here are what some of the different "baddies" will cost you in points, and why you need to get these deleted from your report, not just paid off.  Remember, its based on what your starting score it.

New Collection:                   Avg. 50 - 150 point drop for each one
Points lost are based on your starting score and the dollar amount of the collection reported.  It is a confusing formula, but this is what I have learned through research.  Initial points lost 50-100 for the first $236 then another 35-50 points lost for each additional $354. Then, they add back some points ranging from 76-175.  On a $1200 collection with a starting score of 700, there would be a loss of approximately 112 points.
Charge Off:                          Avg. 50 - 150 point drop for each one
Points are lost based on your starting score, but don't forget, this point drop is in addition to all the drops your score has suffered from the points lost for each 30 day late pay (and 60 - 180+ late pays), and then, when they sell it to a collection agency, you get dinged again when they report!
Late Pays:                            Avg. 60 - 110 point drop for each one
Points are lost based on your starting score.  The higher your score was to start with, the more points it costs you. With each successive late payment, it should drop less and less because the score is lowering each time.  But, late pays really hit you hard and cost you a lot of points.
Bankruptcy:                        Avg. 130 - 240 point drop
Points are lost based on your starting score.  You see the effect right away, but it causes all the collections, judgments, anything included in the BK to show paid. By the end of 2 years, your credit score can really see some recovery.  I've seen some credit reports that had the whole payment history removed on accounts that were included in the BK.  Removing all those late pays, helps offset the huge point loss you get from BK's.
Foreclosure:                        Avg. 85 - 160 point drop for each one
Points are lost based on your starting score. Don't forget, you have been losing a ton of points all along with the late pays and NOD's (I don't know what an NOD point cost is - I figure probably similar to another late payment).
Judgment:                           Avg. 50 - 150 point drop for each one
Points are lost based on your starting score. Again, you've most likely lost points already for late pays and charge off, and collection. This is just another hit with a hammer. Time passing does help. Paying it helps because it really affects your debt ratio, and if you try to buy or sell a house, it will have to be paid before escrow can close.
Settled Account:                 Avg. 45 - 125 point drop for each one
Points are lost based on your starting score. You've probably been hit with late pays, charge off, and / or collections, costing you a ton of points before you get to this scenario, then you get to lose more!  But, I absolutely loathe settling accounts. First, I don't agree that you actually owe most creditors, and definitely not a collector.  But what's worse, is you will get a 1099 Tax Form making you pay taxes on the amount forgiven as if it was income!!!!  Can you hear me screaming not to do this?
Maxed Out Account:             Avg. 10 - 45 point drop for each one
Points are lost based on your starting score. I think the higher monthly payments you have to make on the account are worse than the point drop you get.  Besides, as you keep making payments, you'll recover from this one fairly quickly - at least if you can make more than just the minimum payments.
"Hard" Inquiries:                   Avg. 5 - 55 point drop for each one
Points are lost based on how many you have in a short amount of time. If you're applying for credit all over the place, that's going to cause a lot of "hard" inquiries - the kind that cost points and everyone that pulls your credit can see. If you're applying for a mortgage, they don't count multiple pulls against you though, if they are within a 30 day period, because they know that loan officers may be required to pull several times when "shopping" your loan to get you the best rates.  Also, points from inquiries only affect your score for 1 year, and then there is no impact from them at all.

When you remove negatives like these from your credit report, you can expect to see your score increase.  I don't know the formula for that either, but you can sort of figure it will be about half the points from the low end to half the points of the high end in the point range for each item.  This is because time heals a bit and the points you initially lost are greatest right away then slowly you start getting some back.

Well, I hope I was able to give some information that may answer some questions. Please remember that because the algorithm is not disclosed, these numbers are just from testing and tracking done by research groups trying to have a better understanding of the scoring formula, and bits of information that FICO releases to give a little insight into how they score in order to help people manage their credit.                      

How To Get A Free Credit Score and Free Credit Report With No Credit Card

When the Fair And Accurate Credit Transactions Act (FACTA) was passed, one of the provisions it gave consumers was the right to a free credit report once a year.  Because of this Act, you could get one from each of the bureaus (Experian, Equifax, and TransUnion). There's actually a couple more credit bureaus that you can get a free report from.  CBC is a midwest "division" of Equifax.  They are also related to Innovis, who is becoming a big player in the credit bureau game.  They are starting to be considered the 4th major credit bureau.  They also have to give you a free credit report once a year.

You can get your free credit reports online.  Back when FACTA was first passed, all these different websites came about and offered free credit reports and you could get your scores too, but they all made you have a credit card and they'd suck you into a monthly charge for your credit score and/or credit monitoring service, offering it "free" for a trial period, knowing full well that many people would forget to cancel it in time and they could just rake in the money.  The FTC and the bureaus did very little to market and make the public aware that they could get a completely free credit report by just going to www.annualcreditreport.com and request them without a credit card. However, they don't give you your credit score.

Well, they finally got a little spanking for being so deceptive.  So now, they have to give you your free credit report and score for a couple different situations.  If you applied for credit from a business and you were denied or if they gave you credit but on less favorable terms, the business (think lender or creditor) has to notify you plus, since July 2011, you get to have a credit report WITH your credit score since it was used against you when being denied or getting less than the best terms. 

But, there are also two other places you can get your credit report with a credit score for free.  The first one is by Equifax.  It is called Quizzle.com.  With Quizzle.com, you will get a free report and score all year long, but it only updates twice a year. Still, at least you can see where you're at and every six months, you can see if there have been any changes.  The second one is from TransUnion.  The website you go to for that one is called CreditKarma.com.  You do not get a FICO score but you get their version which is called a VantageScore.  Its similar to FICO, but does not have the same algorithms and could be higher or lower than your FICO score.  They also give you a score for your auto insurance. (yep, some auto insurance companies pull your credit to factor that in as part of the basis for the cost of your premiums, or if you are even "worthy" of auto insurance from them).  The additional good thing about Credit Karma is that you can check your credit score all year long from them and its always free!

So, here is some contact information to get your free credit reports:

Annual Credit Report Request Service
PO Box 105281
Atlanta, GA 30348-5281

By Phone:  877-322-8228
Online:  www.annualcreditreport.com

Innovis 
Attention: Consumer Assistance
PO Box 1689
Pittsburgh, PA  15230-1689 

By Phone: 800- 457-0247
(Innovis is famous for changing their mailing address and phone number. Hopefully, these will still work for you).
Online:  innovis.com (go to the tab at the top that says "Personal Services", then click on the link to "Obtain Copy of your Innovis Credit Report" for the easiest way without jumping through all their hoops.  You will be able to download it to your computer from there).

Credit Karma (TransUnion with free score)
CreditKarma.com

Quizzle (Experian with free score)
quizzle.com

PS:  Don't forget, there are other reporting companies like ChexSystems, Telecheck, and Certegy.

Chex Systems, Inc.
7805 Hudson Road, Ste. 100
Woodbury, MN  55125

By Phone:  800-428-9623
By Fax:      602-659-2197
Online:  www.consumerdebit.com

Telecheck Services, Inc.
Attention: Consumer Resolutions-FA
PO Box 4514
Houston, TX 77210-4514 

By Phone: 800-366-2425
Online:  http://www.firstdata.com/telecheck/telecheck-request-file-report.htm

Certegy Check Systems, Inc.
PO Box 30296
Tampa, FL  33630-3296

By Phone: 866-543-6315
Online:  www.AskCertegy.com

PSS:  Don't forget, there are Residential and Tenant Screening reporting agencies too! 

LexisNexis

By Phone:  877-448-5732
Online:  https://personalreports.lexisnexis.com/resident_history_report.jsp

CoreLogic Safe Rent
Attention:  Consumer Relations
PO Box 509124
San Diego, CA 92150

By Phone:  888-333-2413
Online:  http://www.corelogic.com/industry/multifamily-housing-solutions.aspx 

Tenant Data Services
PO Box 5404 
Lincoln, NE 68505-0404

By Phone: 402-934-0088 or Toll Free 800-228-1837
Online:  http://www.tenantdata.com/downloads/AuthorizationforFileDisclos_new.pdf
Information page:  http://tenantdata.com/personalreport.php

I bet you thought this list would never end.  Well, that's all I'm gonna give you for now.  Ugh, it seems like everyone or every company can know more about us than we can remember about ourselves!  If you want help getting rid of some of the information you'd rather not have on your reports and don't want to tackle it yourself, feel free to contact me at the email or phone number listed above on the right, or leave a comment below.  I'll respond.  I like to help people fight the system!

Removing 3rd Party Collections From Your Credit Report

The most common negative credit that I see on credit reports are "collection" accounts.  If you have them, you are part of the majority.  There are a number of reasons to get them off of your credit. First, they're bad.  Who wants bad stuff on their credit report?  But here's a few other reasons: 

• They lower your FICO score
• If you pay them, they are still bad
• If you don't pay them and try to get a mortgage, you will have to pay them
• If you refinance your house, escrow will take part of the money and pay them
• Your interest rates on new credit, auto loans, house loans, refi's, etc. will be higher
• And the most important one in my opinion -- YOU DON"T OWE THEM ANYTHING!!

One of the problems with collections is if they can't collect from you, they leave bad and negative information on your credit report, but then they sell it to another collection company and the harassment and negative reporting on your credit report starts again.  They ding your credit with non-permissible pull inquiries, then they go and claim you have an outstanding debt with them and drop your FICO score some more.  Some will even sue you.  You need to get them OFF!

It starts with Validation.  If and when you receive a letter from a collection agency, you need to respond right away.  Write a letter to them, preferably within 30 days, disputing the alleged debt.  Tell them you are not asking them to Verify (as in name, address, etc.) being correct. You are challenging the validity of the alleged debt and they need to send proof that you owe them.  Send your letter to them certified mail with return receipt.  It costs you about $5 - $6 bucks but its worth it.

If you did not receive a letter from the collection agency and you found out about it because you saw it on your credit report, when you write the letter, tell them that you have received a recent copy of your credit report and were stunned to find out that they have put false information on it.  Then you follow through with demanding validation and that you're not requesting verification.  The credit report should have their contact information on it - mailing address, not phone number.  You NEVER want to talk to them on the phone.  They are trained to intimidate, pressure you, get money out of you, get you to admit something, any and everything they can, and intend to and usually do, control the conversation.  You do NOT want this scenario.  Stay off the phone and keep all communications in writing.

After you get the green card back from your certified letter, now you can dispute with the credit bureaus.  Collectors are not allowed to verify with credit bureaus until they provide validation.  Remember, validation means proof, real proof that you owe them.  Proof is not some bill or computer generated statement with your name and their account number on it.  Proof is an actual contract between you and them, that you actually signed and they actually signed.  It is documentation of monies given to you with an accounting of every cent used, every cent paid, every bit of interest applied, and the date any of those events occurred.  

They may claim you had an original account with some other party and they have been assigned the right to collect it.  They need proof of everything about that as well. They need the original contract between you and the original creditor with your true signature and a qualified employee of that original creditor, they need the full accounting, they need to provide proof of the assignment or the purchase they made from the original creditor.  

I really need to make a comment here about original creditor information requested from a 3rd party collector.  I mainly ask for it just to force them to do some work.  Personally, I don't give a rip if they can provide it or not.  If not, they go away a bit faster, but since they are not on the original contract you allegedly signed with the original creditor, they have nothing and you owe nothing.  3rd party collectors are NOT ON ORIGINAL CREDITOR CONTRACTS!  Therefore, you OWE THEM NOTHING, NADA, ZERO, ZIP, ZILCH!

Remember this and quote this when they try to claim they have rights to collect:
The right of subrogation does not exist for a stranger to the transaction.  73 AmJur 2nd, Section 90.  

Now I will explain this in common, easy to understand language. "Subrogation" means to substitute. "Does not exist" means is not allowed. "Stranger to the transaction" means someone or some entity not on the original contract.  So, here we go again in easy to understand wording:
There is no right to substitute someone or some entity that was not on an original contract. It is not allowed. 
 Now, this includes attempts to collect based on assignment, sale/purchase, or trade.  See?  The collector cannot substitute himself to collect money because he believes he was assigned the task or he purchased the bad debt, or traded some bad debt for a different bad debt.

Now, in order to get the bad or negative credit off your credit report, you have to dispute with the bureaus.  I generally don't recommend saying "its not mine" because you want to save that one for a last resort and if you do, they'll usually put fraud alerts on and want you to provide some identity theft stuff to them.  However, you can say it in a way that gets the same message across.  You can say, "I have never done business with this company and I have no idea who this company is."  You can almost always find plenty of other errors in the way they report as well.  They usually say you have late payments or your date of last activity was prior to the account being open.  An account has to be open before you can be late on it -- common sense there! Challenge dates, challenge amounts, challenge the account number, but only challenge 1 error at a time.  If you keep challenging the same thing or things with every dispute, they will send you the dreaded "frivolous" letter and refuse to re-investigate. 

If the collection company obeys the law, they will not verify with the credit bureaus because they haven't provided validation.  That is the best possible scenario.  It happens many times.  But, there are also many times that they just ignore the law and verify again.  You will need to send follow up letters to the collectors and follow up letters (repeated disputes) to the bureaus if they don't come off right away.  Don't expect them to come right off, right away because they are all scum.  Expect to fight. Expect to have to wear them down. But, be pleasantly surprised and proud of yourself for fighting back when they do come off.  Its a wonderful feeling and a beautiful sight!

If there is more information you need me to delve into on this subject, please leave me a comment below.  I will get it and I will respond.  I may even write a whole new post addressing your questions or different situations you need help with.  If someone posts a comment and you have a similar question, please add your comment too.  I want to be able to help as many people as I can.

If you are tired of dealing with these liars, thieves, scum sucking, extortionists called 3rd party collectors and debt buyers and are tired of the back and forth fight you have to stay on top of, I would love to assist you in the fight.  My partner and I have been at this successfully for 50 years combined.   I love the fight and am passionate about helping others get rid of the bad credit that is holding them back.  I get tons of emails about how my assistance has helped people get jobs, buy homes, cars, and start over.  I would love the opportunity to help you too!

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