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Credit
Report: Fact or Fiction
FICTION: The law states that bad credit must stay on a credit report
for a period of seven to ten years.
FACT: There is nothing farther from the truth. There is no law that
states that bad credit must remain on a credit report for seven to
ten years. In fact, there is no law that states that creditors must
report your credit history at all. The law states that accurate
credit may remain on your credit report for seven years.
Bankruptcies may remain on your credit report for 10 years.
FICTION: When I pay off a past-due account such as a charge off or a
collection account, it will show “paid” and will no longer be
negative.
FACT: The paying off of an old debt actually harms your credit.
Negative credit is allowed to be reported for a maximum of seven
years. The seven-year clock begins ticking on “the date of last
activity”. By paying an outstanding delinquency account you will
change the status to “Paid Collection” or “Paid Charge Off” and the
seven-year old status begins again. By trying to do the right thing,
you just bought yourself additional years of bad credit.
FICTION: If I succeed in deleting a negative item it will just come
right back on my credit report.
FACT: The Fair Credit Reporting Act clearly states that if an item
is not verified within a 30-day period that such item must be
permanently deleted from the credit report. Although not common,
items sometimes reappear. However, when they do they can be removed
instantly by notifying the credit bureau of their previous deletion.
FICTION: There are negative listings such as bankruptcies and
judgments that are impossible to remove from a credit report.
FACT: There is no type of negative listing that hasn't been removed
from a credit report thousands of times. In fact, there is not a
court in the land that reports to the credit bureaus. The credit
bureaus send employees to the different courthouses on a periodic
basis to take down current information and add it to consumer files.
When a Public Record item is disputed, the credit bureaus must send
an employee to the courthouse to verify such information. Many times
this cannot be done within the 30-day time period and the items are
permanently deleted from the credit file.
FICTION: Disputing the credit report is easy and any consumer can do
it himself for the price of a few stamps.
FACT: Disputing the credit report is easy. Getting results from the
credit bureau is amazingly difficult, complex, and infuriating. It
is not a coincidence that the Federal Trade Commission receives more
complaints against credit bureaus than any other type of business.
FICTION: If I declare bankruptcy, I can begin my credit report all
over with a clean slate.
FACT: Many bankruptcy attorneys do not adequately understand or
explain the effects of bankruptcy to their clients. Stated simply,
bankruptcy is to the credit rating what the atom bomb is to war.
FICTION: If you are not satisfied with the results of your credit
bureau challenge, you may file a “100 word statement” on your credit
report explaining your side of the story. Creditors will read your
statement and will take it into consideration.
FACT: I know of no creditor that will take your 100 word statement
into consideration. A 100 word statement only serves to verify the
negatives on the report.
FICTION: If I am having trouble paying my bills I can go to Consumer
Credit Counseling Service and they will help me to restore my
credit.
FACT: Consumer Credit Counseling Service or CCCS is a nonprofit debt
counseling service that assists people who are over their heads in
debt. CCCS companies are controlled by the creditors and the credit
bureaus. The fact is that if you are in a CCCS program and it is
reported to the credit bureau, creditors will treat you as if you
were in a Chapter 13 bankruptcy.
FICTION: It is illegal for a collection agency or creditor to change
or delete a negative entry.
FACT: As stated earlier, there is no law that states that credit
must be reported at all.
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