Cut The Strings Credit Letter
If you’re not careful, you could unknowingly undermine your consumer rights – as well as the ability to successfully challenge your case – when disputing credit report errors.Under the, credit reporting agencies such as Experian, Equifax and TransUnion are required to investigate your credit report dispute. So are the that supply your financial information to the credit bureaus. But companies’ initial investigations are often quick, say experts, and may not involve a substantial review of your case, causing some errors to get mistakenly verified as accurate.If this happens to you, you have a legal right to sue. But you may not get very far if you don’t take extra steps beforehand to prepare your case, according to numerous court documents reviewed by CreditCards.com and interviews with consumer lawyers experienced in handling Fair Credit Reporting Act cases.Many people get tripped up by a confusing number of pitfalls that sometimes begin before they even submit their first dispute. Here are five of the most common mistakes made when disputing credit report errors. You disputed the error only with the furnisher.If you know a lender is misreporting your information to a credit bureau, it may seem faster to bypass the credit reporting agency completely and deal only with the lender.
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“If you have been told by a potential lender that a negative entry has caused a denial, or acceptance at a higher interest rate, get the name and title of the lender’s rep telling you that, and get something from them in writing.”It also includes saving all of your financial paperwork, including any denials of credit that you have received. “Those denial of credit letters are proof a consumer may have been harmed by credit report errors,” says Joy.Saving your denial of credit letters could also help you if you need to dispute a creditor’s actions for other reasons, says Cary Flitter, a consumer lawyer and law professor in Philadelphia.“In general, if you have been told by a potential lender that a negative entry has caused a denial, or acceptance at a higher interest rate, get the name and title of the lender’s rep telling you that, and get something from them in writing,” writes Flitter in an email.“You’ll need it later!
Sometimes a less scrupulous lender will tell a consumer that his dinged credit has caused a lower score and higher cost of credit,” says Flitter. But then the lender will “inflate the interest rate beyond what the credit ding would warrant.”Providing additional evidence also will make it more likely that the credit bureaus promptly fix the error when you dispute it, allowing you to avoid an expensive court case.Credit reporting agencies used to discard evidence or fail to pass it along to lenders, say experts. If you recently bought a credit report online or accepted a “free report” from one of the big three credit bureaus, you probably ignored the terms buried at the bottom of the web page. Many people do.Big mistake. Some credit bureaus, such as still include an in their terms of use.That means if you buy your credit report online and find an error on it, you can still dispute the error. “Forced arbitration clauses never help the consumer.”If you do obtain a credit report from a bureau that enforces an arbitration provision, be sure to mail an opt-out letter to the credit bureau within 30 to 60 days of receiving the report, depending on the company’s agreement.Depending on the clause’s placement on the bureau’s website, you also may be able to argue that the arbitration clause isn’t legally enforceable because it wasn’t obvious that it applied to the credit report you purchased.In March 2016, the U.S.
Court of Appeals that an arbitration clause TransUnion buried in the website’s service agreement wasn’t legally enforceable because the bureau also didn’t make it clear to users that purchasing a TransUnion credit score automatically bound them to arbitration. However, you would be safest to just opt out of the arbitration agreement altogether.Also, don’t forget to reexamine a credit bureau’s terms if you deal with them again in the future – even if you didn’t see an arbitration clause the last time you scanned their terms.Some credit bureaus don’t currently force consumers into arbitration for complaints over the dispute process. And, for example, now say in their terms of use that the companies’ arbitration clauses don’t apply to Fair Credit Reporting Act cases.However, that could change if a credit agency starts to feel less pressure from regulators and activists. Already, the stepped-up pressure that credit bureaus felt under the Obama administration has begun to abate.In November 2017, for example, the Trump administration nixed a Consumer Financial Protection Bureau rule that would have barred credit bureaus and other financial companies from enforcing arbitration provisions that ban people from joining together in class-action lawsuits.Under new leadership, the CFPB has shown less willingness to aggressively regulate financial services companies. As a result, some credit bureaus may feel emboldened to reintroduce broader arbitration agreements.Regardless of the political climate, it’s always a good idea to make a habit of scanning terms every time you obtain a credit report or initiate an online dispute. You listened to a debt collector.You can’t dispute accurate information on your credit reports and expect the credit bureaus to remove it.
However, you can hold the credit bureaus liable under the Fair Credit Reporting Act if they fail to observe the time limit on your debt.By law, negative information should drop off your report after seven years. A bankruptcy may remain on your report for up to 10 years.If you see a debt that’s real on your report, but is older than seven years, you can dispute the debt to the credit bureaus and demand that it’s removed. You also can fight back against a debt collector that is threatening to sue you for the debt if it’s past its statute of limitations.The legal expiration date on the debt should give you a bulletproof defense of any lawsuit that’s filed after the statute of limitations ends. That strategy only works, however, if you didn’t accidentally after talking with a debt collector, says Paul Stephens, director of privacy and advocacy at Privacy Rights Clearinghouse.“There is a big problem with this particular issue,” says Stephens. Debt collectors often sell accounts to one another and sometimes the debt collectors will report inaccurate timelines, causing the debt to be reported longer than it should.“That’s what’s called re-aging of debt,” he says.
Under the Fair Credit Reporting Act, this shouldn’t happen and you have the right to fight it.However, if you receive a call from a debt collector and agree to pay part of an expired debt, you could potentially restart the clock on the debt’s and undermine your ability to successfully fight back.“Debt collectors can keep calling you and hounding you,” says Stephens. “They may get you at a weak or vulnerable moment and at that point in desperation you may make a promise to get into a payment plan or potentially acknowledge the debt.”At that point, the debt collector can sue you – and potentially win a judgment against you – for a debt that you should have been able to scrub from your credit history for good.See related:.