How To Write Bureau Dispute Letters - Part 1

You can have success with your credit repair by just disputing items with the credit bureaus.  Though that is what many credit repair companies use for their services, I personally believe to eliminate the alleged debts, you need to demand validation from both creditors and collectors in addition to disputing with credit bureaus.  When you are repairing your credit, even if you don't want to do validation letters, you absolutely must dispute with the credit bureaus.

I get quite a bit of emails from people who are not sure how to dispute with bureaus and need help with what to say, how many items can you dispute at a time, whether or not you should dispute each item individually, and a number of other questions relating to bureau disputes.  I'm going to try to answer most of them here and give you examples of how to dispute the different types of items. I'm breaking this up into 2 posts because it will be quite lengthy if I do it in just 1.

Let's start with the first part of disputing with credit bureaus.

I want to suggest to you when you start working on your credit, that you do a couple things prior to the actual account disputing. First, Opt Out from all 3 bureaus. What this means is that you do not want them selling your information for marketing purposes.  You can do it by phone or in writing or online.  

By Phone:

(888) 567-8688 - This will opt you out for 5 years.

Online:

http://www.optoutprescreen.com – you can opt out for 5 years or permanently. If you want to permanently opt out, you will need to mail in a form they provide on the site.

By mail:

You must contact each of the bureaus separately to opt out by mail.

Experian

Opt Out

PO Box 919

Allen, TX 75013

TransUnion

Name Removal Option

PO Box 505

Woodlyn, PA 19094

Equifax

Options

PO Box 740213

Atlanta, GA 30374

The next thing you should do is to look through each of your credit reports and note every name variation that is not correct, any addresses that are old and tied to something negative, and any phone numbers, employment or other personal information that is old, not correct or that you just don't need any collectors getting hold of.  Dispute each of these things with the credit bureaus.

A typical dispute for personal information is as follows:

"You are reporting names that are not me.  I have never used them, they are not aliases, they are flat out not me and don't belong on my credit report.  Remove these names please."  Then list the names that don't belong to you.

"You are reporting addresses on my credit report that I don't live at, don't belong to me, and I don't recognize. You obviously have someone else's address information on my credit report and because it's inaccurate you must remove them immediately."

Keep doing this with each personal information item that you want removed. Usually they remove them pretty quickly.  They might fight back on the addresses if they are tied to public record information, so you might need to go after them several times.  Experian is the worst for removing addresses, so just be aware of that.

At the same time you are disputing your personal information, if you have any public record information, you need to write to the court and/or county recorder and ask them if they furnish information to the credit bureaus or if they verify with them either.  You will want to tell them that you are only inquiring about what they do, and that you are not interested in the dispute process or being given some information from some court website about how long public records stay on your credit.  Just tell me does your court actually furnish or verify any information with credit reporting agencies,  You will need to include a self addressed stamped envelope with your inquiry so that they will send you the response as quickly as possible.  I actually have a letter and form that I am willing to share that is sent to the court clerk and county clerk that says what I just wrote above.  You'll need to email me for that.

So, we will get to the actual account disputing with credit bureaus on the next post,  If you have any public records that you will be attempting to remove, please email me for the court clerk and county recorder letters.  Also mention the FTC Staff Opinion Letter as that will be instrumental in removing public records as well and you'll need it when you start your disputing of those items.

My email address is up above on the right hand side, but here it is for those who can't see it on their phones.  futurefico@gmail.com

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.

Why You Can Remove Liens, Judgments And BK's From Your Credit Report

It is always so frustrating when you are trying to build, re-establish your credit or get financing and you keep getting turned down because your credit doesn't meet the criteria needed.  I think one of the most frustrating things is when you go to buy a house and you find out that you have a judgment on your credit, many times that you had no idea was even there.

Sure, you expect to see that bankruptcy, but sometimes you aren't even aware that you have tax liens and judgments on your credit.  It feels like you're doomed and will never get that loan. Its frustrating because if you spend money on paying them off, you're cutting into the money you need for your down payment and closing costs.  And if its a bankruptcy that's killing your score, you can't even pay to resolve that.

But what if I told you that you can legally remove them?  Would that make a difference?  I hope so because I'm telling you, you really can LEGALLY remove them. In fact, I'll go so far as to say that they are ILLEGALLY being reported on your credit report. The bureaus have  a responsibility and a duty to remove them. But you have to know the game in order to beat them.

I want to be clear that just because you remove them from your credit reports does not mean that they are also deleted from the public records.  The credit bureaus and the county records are two completely separate entities. Your bankruptcy will still be recorded in the public records and you can't remove it from there. Judgments and liens will still be recorded in the public records but those are things you can actually remove from public records as well as your credit reports.  I'm not going into that today.

I've been very, very successful removing these from both the public records and credit reports. This is because my idea of a fun night, is one spent reading laws and case law and researching and developing strategies to tackle these issues successfully.  I'll tell you that it's way faster and a bit easier to remove them from credit reports than public records. 

So today, I'm going to teach you why you can legally get them off your credit reports and why I believe the law is clear that bureaus need to remove them.  If you've read my earlier posts about 3rd party collectors and removing collections, you'll see that its the same laws that affect the public record information that shows up on your credit reports. These same laws are part of what I use to remove them from credit reports.

When you look at your credit report, it tells you the name of the furnisher of the information. That may be a credit card company, auto lender, mortgage lender and sometimes collectors. When you look at the public records, you'll see that they claim it is the bankruptcy court or the superior court or the county recorder. Sometimes it says a magistrate or recorder of deeds. Whatever place it shows, they are saying that that court house or recorder, or whatever, is furnishing the information.

That's a bold faced lie.  Then the bureaus go so far as to claim that they have verified the information when you send them a letter disputing the information. That's an even bigger, fatter lie. Do you actually think that the courts have hired people to furnish details about the hundreds or thousands of cases and about the losing party, to the credit bureaus? Do you think courts and county recorders have time to verify the thousands of disputes bureaus get every day? That's just one issue.

The big issue is, do they have the legal right to furnish or verify information?  Ahh, now that's where we look to the law and that's where we find the answer that the bureaus don't want you to know!  Before we even look at the law though, let's look at the legal definition of "verify" or "verification."  Now, I did a post on this word a while back. Its really important that you understand this definition.  Its part of the, um, I can't think of the word I want but , sort of the strategy of what ties everything together. Let me take a bit of that post from last year and show you here how it ties things together.

Verification according to Black's Law Dictionary is "... averment that the party pleading is ready to establish the truth of what he has set forth." Also, it goes on to say, "The examination of a writing for the purpose of ascertaining its truth; or a certificate or affidavit that it is true." 

The court said "Confirmation of the correctness, truth, or authenticity of a pleading, account, or other paper, by an affidavit, oath, or deposition." McDonald v. Rosengarten, 134 111. 126, 25 N. E. ; and Summerfield v. Phoenix Assur. Co. (C. C-) 65 Fed. 296; and Patterson v. Brooklyn, 6 App. Div. 127, 40 N.Y. Supp. 581.

To break it down into language you can understand, verification is sworn testimony. It can be testimony in a deposition or in court or an affidavit. The only testimony that is admissible is testimony from a witness with First Hand knowledge. A court clerk does not have first hand knowledge nor does the county recorder, nor does anyone at the credit bureaus, nor does Lexis Nexis, the main public records source for the credit bureaus.  If someone verifies but they don't have first hand knowledge, then its not verification, its Hearsay. And hearsay is inadmissible and the court says its incompetent. 

This is a major puzzle piece in figuring out how to go at the bureaus and get your public records removed.  The next major piece is based upon a law that applies to 3rd party collectors.  This has been discussed in a previous post as well. The law I'm referring to is FCRA § 603(o)(5)(A)(i; iii). This law in fact, applies to more than just 3rd party collectors. It applies to every single entity that furnishes information to the credit bureaus.  Here's what this law says:

FCRA § 603 
(o) Excluded communications. A communication is described in this subsection if it is a communication 
(5) with respect to which 
(A) the consumer who is the subject of the communication 
(i) consents orally or in writing to the nature and scope of the communication, before the collection of any information for the purpose of making the communication;
(iii) in the case of consent under clause (i) or (ii) given orally, is provided written confirmation of that consent by the person making the communication, not later than 3 business days after the receipt of the consent by that person;

So, even if the courts or recorder's office was furnishing the information, other than getting a court order to furnish the information, they are not allowed to furnish or verify squat on your credit report without your authorization. If you have one of these public records on your credit, did you give the bk trustee your authorization to furnish information about your bankruptcy? (not that he/she would have the time to do that). Did you authorize Lexis Nexis? The courts? The county recorder's office? Anybody?  Did you authorize anyone to put negative public record information on your credit reports?

Yeah, I doubt you authorized anyone to furnish that information and I doubt there was ever a court order to have it on there either.  Hopefully now you'll believe me, or at the very least, understand why I say that you can legally remove these items from your credit reports and why I believe they are illegally being furnished and verified when you try to get them off.

I'm not one to brag, but I have to say here that I am extremely good at what I do. I'm not saying that I get everything off in one shot, and actually, removing public records is a multi-step process. But, I'm saying that I consistently and successfully remove these items from people's credit reports all the time.  I can't remember when I haven't been able to remove them. The power to do this is in the laws, in the definitions, and in the way you word things, and the way you follow up everything with enforcement. 

Hopefully I've given you enough information that if you choose to pursue the removal of these items on your own, you too will see success.  But, if you want someone to help you that has a proven track record, almost 3 decades of experience, I would like it if you'd get a hold of me. My contact information is up at the top right hand side of this page. 

These days, prospective home buyers have a hard enough time getting qualified for a loan with decent credit, you can imagine the hurdles they must face when the credit report has these types of negative items on it.  I want to help you if this is your situation.  I want to help you if you need to buy a new car. I want to help you if you want to get some new credit cards or you just want to clean up your credit. I love what I do. It is my passion and I'm good at it. 

I love seeing clients' credit reports go from awful to spectacular. I love the fight. I love sparring with collectors, creditors, and bureaus. Most importantly, I love to win.  When I win, its Your win. When I win, your ugly credit report becomes a pretty credit report. That's what I love to do. I love to help consumers have pretty credit reports that allow them to get the loans and credit they need at interest rates that don't choke the life out of you. I love  to help consumers save money on their insurance, their utility deposits, their ability to rent a car, to be able to get that new job or keep the job that scrutinizes their credit.

I love this so much that right now I'm running a special. From now until September 5, 2014 or the next 25 people, whichever comes first, I will go after the removal of a public record for half price.  I would say that I will remove it, but the law does not allow me to promise or guarantee results.  I know what I'm able to do, but I won't break the law in my processes nor in my claims. Bureaus, creditors, and collectors may lie, but I won't. So, again, I will go after the removal of a public record item at half the regular price, for the next 25 people or September 5, 2014, whichever comes first.

Please don't hesitate if you want to save some money on this. I fill up my client rotations quickly.  The sooner you contact me, the sooner we get started and the sooner you can expect to see a prettier credit report! Please call or email me today.

PS: If you are a loan officer, real estate agent, insurance agent or someone who has clients that need my services, anywhere in the country, please contact me. I want your turn downs. I'm willing to earn your business and send you back clients who are able to qualify and get better rates. My services will help you close more deals.  If you are a real estate agent or broker, I offer an airtight non-compete that I believe will put any of your worries about that issue to rest. I'm not looking to act as your clients' real estate agent. I'm looking to get their credit where it needs to be so you can close deals.

PPS:  I also do lunch & learns and workshops for your potential buyers and agents in Southern California. My partner and I come and show how we can help your clients become homeowners and how we can help your office close more deals!  Please contact me today!

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.

 

You Don't Owe Your Debt - Its All A Fraud!

You've been duped and you don't even realize it.  When you think you borrowed money, you are incorrect. When you think you have to pay back money for what you borrowed, you haven't learned the truth.

Most people grow up believing what they are told by parents, teachers, lenders, politicians (well maybe not so much them), our government. Few grow up challenging what they are being told. Few people stop and ask why or how. Few people stop and say, "Prove it!"  

I'm one of the few who has always questioned what I was told. I was always labeled as argumentative when I really was just looking for answers. Somewhere in my gut it seemed that things I was taught and things I was told was not the whole truth.  You may have had that same feeling at times in your life. But we are conditioned to just accept what we were told as the truth.  Its not our parents' fault. They didn't know any better because they were  raised the same way.  You just don't question authority and you should just respect your elders.  

Well, in my book, you should question what triggers a twinge of doubt in your gut and why respect your elders (lying government officials, lying banksters) when they are not telling you the truth and they have an agenda to keep you from knowing the truth.  Truth is power and they want to keep you from gaining any truth or power because they want it all for themselves.  Then they can control you and enslave you.

I've decided to post a video today. Please take the time to watch it. Its about money. Where it comes from, where debt comes from, and how its all a fraud that has been kept secret so you won't find out the truth.

There are 5 videos in this series. I encourage you to watch all of them when you have a chance.  They will help open your eyes to the scam that has been played on all of us.  I hope that it helps you understand that getting into debt is not your fault because that's how this system was set up - even if you maxed out credit cards, were allegedly irresponsible in your spending, and just got to a point where you had to walk away or give up trying to pay these bills for credit and loans. 

When the truth about this sinks in, you may get a bit angry, and rightly so.  I care about you and I want you to know the truth.  Please, if this video opened your eyes a bit, then share it. I would love it if you shared my blog with others. They too can watch the video right here but also, there's a lot of information that I give that may be what they need to help handle their own credit issues.

Thanks for reading, watching and sharing.  Enjoy!

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.

How To Remove Judgments and Bankruptcy / BK From Your Credit Report

Have  you searched everywhere online to find out how to remove judgments or a bankruptcy and asked all kinds of people, self proclaimed credit repair specialists or mortgage brokers, real estate agents, YouTube videos, DIY articles, answer websites, and other places?  If you've run into anything that is slightly related to the credit bureaus or strongly related to them, such as the bureau sites themselves, or credit report sites, or the FTC website, you will get the same regurgitated answers.  They will always tell you they have to stay on for 10 years. Hogwash, I declare!  I dare one of them to show me the law that says it has to stay on there that long.  In fact, that's almost the opposite of what the law says.

If you read articles and ads from credit repair sites, they will stop short of telling you how they do it because they want your business.  Oh, and the FTC doesn't want your business, but it sure seems like they want to help the bureaus make money off of you.  They prefer to deter you from getting help from someone who knows how by saying you should never pay someone because you can do it yourself.  Of course there's always the sites that are promoting the annoying Lexington "Law" type credit repair sites.  Click on that link, which is pretty much always an affiliate link, and someone's gonna make money off of you.  "Law firm" credit sites will tell you they take them off all the time but they are not interested in helping you learn how to do it because they want to make a couple thousand bucks off of you, or maybe just a grand before you get fed up and cancel months down the line.

I'm gonna tell you how to do it.  But first, one more thing.  The law about how long it has to stay on there. The FCRA says that negative accurate information CAN stay on NO LONGER than 7 years plus 180 days from the date of first delinquency and 10 years for things like judgments and bankruptcies.  See how they spin it to make you feel defeated?  I really get irritated with the misinformation and spin they all put out there.  And if you really want to help people get rid of negative items off their credit, why don't you give them the information if you're such an expert?  Are you really that worried that you will lose customers if you help people who want or need to do it themselves?  What? Are there really so few people out there with bad credit that you have to grab everyone you can?  Puhleeease!  Seems to me there are millions of people out there that need help with their credit.  There's enough work to go around while still helping those who want to do it on their own.

Okay, removing these items is for the most part, a 3 step process.  I'm not saying it works all the time, but if the bureaus would obey the law, it would work 100% of the time.  However, you will have a much higher chance of success if you do it this way.

Step 1:  Send a letter to the credit bureaus that are reporting the judgments and/or bankruptcy and tell them that you do not have a judgment or BK for $XXX dollars. Don't lie about the amount.  Now, if the amount is 100% correct, to the penny, remember, they don't report the change (35 cents, etc.) so if there's any change noted in the judgment at the courthouse, what is reported on your credit report is an error.  Same thing for BK. Usually I see bankruptcy reporting with $0.  Really?  $0 liability? Why on earth would someone file if they owed nothing?  If the public record is actually reporting a correct amount, then use a different mistake.  If you can't find one, make up something by claiming you "don't recall" having a bk or judgment on 01/01/2008 or whatever date. Not recalling the exact date that the county recorder entered into the record is not a lie, its a spin.  They have the burden of proof.  Also, many times they list the wrong court house.  Make sure you look at that also.  Okay, so that's the first step.  Dispute the negative judgment or bk (or both) with the credit bureaus.

Step 2:  Take a look at the address for the court for who is supposedly furnishing the information.  Judgments are usually county or local courts, bankruptcies are in federal court.  You need to write a letter to each of the clerks of the courts that are supposedly furnishing the information to the credit bureaus.  I keep saying "supposedly" because really they are not furnishing the information 99.99% of the time.  This letter you send the clerk is very basic.  You say, Dear Clerk of the Court,  I recently disputed information that was on my credit report that is not reporting accurately.  They verified the information and have told me I need to contact the furnisher of the information.  I am requesting that you send me your procedure for verifying information with the credit bureaus.  Thank you for your assistance.   Sincerely, pissed off consumer.  Okay, maybe you're not pissed off but in my opinion, you have every right to be!  Do not wait until you get the response from the bureaus to send this out.  Send it out at the same time as your bureau dispute to shorten the time for getting it off your credit report.

Step 3.  You now received the letter back from the clerk of the court.  Holy cow! It says that they do not verify with the credit bureaus. What a shock!  This means that those blood suckers are going to be sending you a credit report with a big fat lie on it!  Be prepared.  Now, you also get back the response from the credit bureaus, and you're gonna get it and say, "Shannon was absolutely right!  Now there's a real expert" - haha, just kidding!  But, 99.99% of the time, I will be right.  You may be a lucky one who got a data entry peon who felt like deleting just because, and that is great!  But for the rest of you victims, the report will claim it is verified and contact the furnisher of the information.  Its time for the 3rd action.  You send back a letter to the bureaus.  You say, "I sent you a dispute because this information is not accurate.  You verified it.  Please see the enclosed letter from the clerk of the court. You lied about verifying it with them. Further, please see the letter from the legal counsel for the FTC that I have enclosed.  I've highlighted where they have stated that public records often have mistakes on them.  YOU LIED about verifying a mistake.  PLEASE DELETE THIS IMMEDIATELY!"  I would say, 75% of the time, your response from the credit bureaus will show the item deleted.

And that's how its done!  Now, I mentioned an opinion letter from legal counsel for the FTC.  You can go on their website and read through all of the boring opinion letters till you find it, or you can email me and I'll email it to you, for only $499, but today only I'm reducing it to ONLY $47.  JUST KIDDING AGAIN!  I'll send it to you for free! You like free? I sure do. (Yes, I'm making fun of marketers, in case you didn't catch it).

Do you want to know some background on how the bureaus break the law, or at the very least, don't comply with the law, when it comes to removing public records?  If you do, keep reading, if not, then just email me if you need the letter.  Okay, here goes.

Except for the very minuscule number of courts that do furnish information or verify information to the credit bureaus, courts, their clerks, their secretaries, the judges, the trustees, etc., do not furnish information to credit bureaus.  They receive information from subcontracted scavengers that scour the public records and LexisNexis to find the judgment and bankruptcy dirt on consumers. So the furnishers of the information have no actual knowledge of anything, have no first hand information, are not a party to any of it.  They dig it up, read it and furnish it, then get paid. 

When you dispute, the bureaus have a responsibility to "investigate" but they do not contact the court or any other entity that could possibly have actual first hand knowledge. They put the courts' addresses on there to make you think that the courts furnish and verify, but that's a BIG FAT LIE!  What they really should have on there is the name and contact information for their little gophers who go dig up this stuff.  But, by law, or by legal definition, they have no right to "VERIFY" anything.  

Black's Law Dictionary 2nd Ed. - Verification:  Confirmation of the correctness, truth, or authenticity of a pleading, account, or other paper, by an affidavit, oath, or deposition. See McDonald v. Rosengarten, 134 111. 126, 25 N. E. 429; Summerfield v. Phoenix Assur. Co. (C. C-) 65 Fed. 296; Patterson v. Brooklyn, 6 App. Div. 127, 40 N. Y. Supp. 581. 

What this definition is saying is that the person "verifying" must be able to testify to its accuracy under oath, either by affidavit or in court or court proceedings such as a deposition. Now, in order to testify to such accuracy, the "person" would have to have 1st hand knowledge otherwise it is considered "hearsay" because the furnisher of the information is relying solely on public information that has been known to have mistakes. Here's what the courts say about "hearsay": 

“Testimony, whether live or in the form of an affidavit, to the effect that the witness has reviewed a file and that the file shows that the debtor is in default is hearsay and incompetent; rather, the records must be introduced after a proper foundation is provided.” New England Savings Bank v. Bedford Realty Corp., 238 Conn. 745, 680 A.2d 301, 308-09 (1996), later opinion, 246 Conn. 594, 717 A.2d 713 (1998); Cole Taylor Bank v. 
Corrigan, supra, 230 Ill.App.3d 122, 595 N.E.2d 177, 181 (2d Dist. 1992). 

“It is the business records that constitute the evidence, not the testimony of the witness referring to them.” (In re A.B., 308 Ill.App. 3d 227, 719 N.E.2d 348 (2d Dist. 1999) 

These are both Federal court cases on hearsay.

Now, do you see that not only are the bureaus liars, they are committing fraud, both mail and wire fraud, when they send you the report through the mail or make it available for you to check it online, and see "Verified"?  The person who furnished the information cannot possibly have 1st hand knowledge.  They shouldn't even be allowed to submit information to the bureaus because the FCRA commands ACCURACY and there's no way these scum can know if the information they found in the public records or elsewhere was input accurately.  They are not a party to the action, they are NOBODIES! 

Well, that was fun right?  It was for me.  I have fun teaching you this information and love that I am one of the few that tell you the actual truth.  Hopefully I have helped some of you fight this corrupt system that is supposed to be consumer friendly, but has so many loop holes for creditors and collectors, and sabotages aimed at consumers.  Here's to your success removing those judgments and bankruptcy entries from your credit reports!  

Please remember, if you just don't want to do it by yourself, I would love to assist you.  Give me a call or shoot me an email.  My contact info is right up  at the top of this page on the right.

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.