Professional Documents
Culture Documents
1 Big Book of Credit Secrets Repaired
1 Big Book of Credit Secrets Repaired
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Credit Score Chart 4
Buying A Home 24
Financing A Business 26
Building Credit 28
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Add A Statement To Credit File 60
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Notice Of Harassment 93
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WE HAVE YOUR KEY TO GREAT CREDIT & A REASON TO FINALLY GET EXCITED!
Community Credit Services
Studies focused on consumers at risk for misclassification into the subprime market due to inaccurate information
being reported found 20.5% at risk. Risk customers are defined as either having a middle score between 575 and
630 with a score variance of greater than 30 points, or having a high score above 620 and a low score below 620.
Based on an analysis of files, it’s estimated that 22% are likely being penalized with lower scores than deserved
because of errors or inconsistencies in his or her credit report. The remaining 57.5% of at risk consumers have
credit reports without errors clear enough to allow an outside observer to determine whether their credit scores are
artificially low or artificially high. Deal Maker helps identify this problem allowing an opportunity to get a corrected
report.
Consumers may be harmed by both errors of commission and errors of omission. Errors of commission, inclusion of
incorrect information, can lower a consumer’s score in situations such as when incorrect information or mixed files
add the credit history of others to a consumer’s report. Errors of omission, incomplete reporting of information, can
lower a consumer’s score when the record does not contain full and accurate information regarding existing accounts
paid as agreed.
Conservatively, an estimated 40 million consumers (twenty percent of the 200 million with credit reports) are at risk
of being misclassified into the subprime mortgage market, and at least 8 million (twenty percent of these at risk
consumers) would be misclassified upon application, but the actual numbers are likely much higher. These numbers
do not even attempt to quantify the number of consumers who are being overcharged because errors pushed them
into a higher pricing range within the prime and subprime market.
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*If you Don’t have a 720 Credit Score you will Absolutely Pay thousands of Dollars more in financing*
*If you Don’t have a 720 Credit Score you will Absolutely Pay thousands of Dollars more in financing*
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Community Credit Services
(518) 331-8442
Credit bureau scoring is a statistical means of assessing how likely a borrower is to pay back a
loan. Fair, Isaac Credit Bureau scores range from approximately 350 to 850 points which
allows 500 points to work with to raise a credit score from the least possible, anything under
an 850 can be improved. The complex system for reporting and analyzing credit involves many
participants: consumers; data repositories; data users; data furnishers; credit reporting
agencies; and analytical service providers.
Approximately 190-200 million consumers have credit reports maintained by the three major
credit repositories (Equifax, Experian, and Transunion). Data users include lenders, insurers,
landlords, utility companies, and employers, who review the credit information in consumers'
credit reports to make decisions about extending and pricing credit, offering and pricing
insurance policies, providing utility services, rental housing, or offers of employment. Some, but
not all, data users are also data furnishers, and regularly report information about consumers'
accounts to the credit repositories, who add the
information to consumers' credit reports.
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Or
For 3 Months!!!
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What is VantageScore®?
VantageScore is a credit score developed jointly by Experian, Equifax and
TransUnion. This score uses the same formula across all three credit reporting
agencies, resulting in a more accurate and consistent picture of your credit history.
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www.newyorkmortgagefunding.com
Residential Commercial Mortgages
Purchase or Refinance
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(518) 331-8442
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Credit inquiries
Will my FICO score drop if I apply for new credit?
If it does, it probably won't drop much. If you apply for several credit cards within a short
period of time, multiple inquiries will appear on your report. Looking for new credit can
equate with higher risk, but most credit scores are not affected by multiple inquiries from
auto, mortgage or student loan lenders within a short period of time. Typically, these are
treated as a single inquiry and will have little impact on the credit score.
The Basics
What is an "inquiry"?
When you apply for credit, you authorize those lenders to ask or "inquire" for a copy of
your credit report from a credit bureau. When you later check your credit report, you may
notice that their credit inquiries are listed. You may also see listed there inquiries by
businesses that you don't know. But the only inquiries that count toward your FICO score
are the ones that result from your applications for new credit.
time represents greater credit risk. When the information on your credit report indicates
that you have been applying for multiple new credit lines in a short period of time (as
opposed to rate shopping for a single loan, which is handled differently as discussed
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credit histories. In general, credit inquiries have a small impact on one's FICO score. For
most people, one additional credit inquiry will take less than five points off their FICO
score. For perspective, the full range for FICO scores is 300-850®. Inquiries can have a
greater impact if you have few accounts or a short credit history. Large numbers of
inquiries also mean greater risk. Statistically, people with six inquiries or more on their
credit reports can be up to eight times more likely to declare bankruptcy than people with
no inquiries on their reports. While inquiries often can play a part in assessing risk, they
play a minor part. Much more important factors for your score are how timely you pay
your bills and your overall debt burden as indicated on your credit report.
that commonly involve rate-shopping, such as mortgage, auto and student loans, in a
different way. For these types of loans, the FICO score ignores inquiries made in the 30
days prior to scoring. So, if you find a loan within 30 days, the inquiries won't affect your
score while you're rate shopping. In addition, the score looks on your credit report for
rate-shopping inquiries older than 30 days. If it finds some, it counts those inquiries that
fall in a typical shopping period as just one inquiry when determining your score. For
FICO scores calculated from older versions of the scoring formula, this shopping period
is any 14 day span. For FICO scores calculated from the newest versions of the scoring
formula, this shopping period is any 45 day span. Each lender chooses which version of
the FICO scoring formula it wants the credit reporting agency to use to calculate your
FICO score.
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www.newyorkmortgagefunding.com
Residential Commercial Mortgages
Purchase or Refinance
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credit report, even though you are only looking for one loan. To compensate for this, the
score ignores mortgage, auto, and student loan inquiries made in the 30 days prior to
scoring. So, if you find a loan within 30 days, the inquiries won't affect your score while
you're rate shopping. In addition, the score looks on your credit report for mortgage,
auto, and student loan inquiries older than 30 days. If it finds some, it counts those
inquiries that fall in a typical shopping period as just one inquiry when determining your
score. For FICO scores calculated from older versions of the scoring formula, this
shopping period is any 14 day span. For FICO scores calculated from the newest
versions of the scoring formula, this shopping period is any 45 day span. Each lender
chooses which version of the FICO scoring formula it wants the credit reporting agency
days. FICO scores distinguish between a search for a single loan and a search for many
new credit lines, in part by the length of time over which inquiries occur.
Keep balances low on credit cards and other revolving credit products.
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Also, here are some good credit management practices that can help to raise your FICO
Re-establish your credit history if you have had problems. Opening new
accounts responsibly and paying them on time will raise your FICO score over
Check your own credit reports regularly, before applying for new credit, to be
sure they are accurate and up-to-date. As long as you order your credit reports
such as myFICO, your own inquiries will not affect your FICO score.
Or
For 3 Months!!!
1. One, an adjustable rate mortgage may start with a lower monthly payment than a
fixed rate mortgage does…
2. And two…But it sure doesn’t stay that way, right?
For most homeowners, when the bank first tells you how much your monthly payment is going
to increase, it feels like you just got hit with a fast punch to the kidneys! So if you’re at the
point where you’re starting to be seriously concerned over this, don’t worry -- you’re not
alone here. A large percentage of your neighbors are going through the exact same thing you
are, right now as we’re speaking.
And frankly, as you’ll see, most of this isn’t even your fault.
This report gives you the peace of mind you need, so that you will never wake up one
morning to find out your mortgage payments have doubled…or even tripled, overnight.
Mistake #1: Thinking the lowest interest rate means you got the best loan. This is probably
something you’ve already learned the hard way, and I’m sure it’s a mistake you’ll never make
again.
Unfortunately, homeowners all over America are now in the poor house because they thought
“the lowest interest rate” also meant “the best loan.” As you now know, this simply isn’t true.
In fact, you may already be painfully aware, that getting the lowest payment today, usually
means you’re going to have to pay a much steeper price, later!
The bottom line here is, you don’t need the best rate, you need the best product.
Mistake #2: Looking at the length of your mortgage to decide which loan is best for you.
If you ask most loan professionals, they’ll tell you the average length of time someone lives in
their home, is 6 years. But who’s “average,” nowadays?
After all, you want the loan that’s best for you, today AND tomorrow. And the length of your
mortgage is only one of the many moving parts involved, and should never be your sole
decision-making factor.
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Planning like this is like a doctor telling you, after he’s just performed open heart surgery,
“Don’t worry, if you don’t stop smoking and start watching what you eat, you can always come
in for a second heart bypass surgery.” Sounds silly when you think about it, but it’s true, right?
See, you can’t fix one problem by creating another problem to deal with “later on.” Because
when “later” comes around, there are so many other new things going on, your original plan
isn’t likely to make any sense at all like when people put off credit issues instead of having them
repaired.
Mistake #4: Not being realistic! For example, thinking you can refinance your $300,000
mortgage if your home is now worth $150,000, just isn’t realistic! The people, who are realistic
about their situation, usually end up with the most options, and often, also the most cash and
the least financial damage, in the FASTEST amount of time. The most successful people handle
things when they have obstacles in their way – they focus on the available solutions, not the
unavailable ones. Remember, focus on what you can do, not what you can’t do.
Mistake #5: Listening to the wrong people! This one’s huge, since everybody has an opinion
on things, and for some strange reason they mistake having an opinion, with being an expert.
Taking advice from well-meaning but misinformed friends and neighbors is like asking the kid
who mows your lawn, for advice on planning your retirement. That’s just not a smart move and
it’s not going to give you any sort of valuable information to base your decisions on.
Mistake #6: NOT UNDERSTANDING the long-term financial consequences of your refinancing.
Frankly, even if your current plan right now is to just “Hang on!”, there are still issues you must
consider. Things like:
Are you currently saving money for retirement? If so, how does this impact your
finances?
Will you be saving money for retirement in the future and what effect does this have?
Will you be getting money from retirement plan and does this affect things?
Would you like to make extra payments on your mortgage to pay it off earlier? If so,
how much? When do you think you’d like to do this, and do you want some sort of a
system or “game plan” to follow?
See, your mortgage should be a solution that fits into your overall financial picture, not
something that disrupts or destroys it. Your solution is your situation. It is as unique as your
fingerprints are, and just like no two fingerprints are alike, now two refinancing situations are
alike, either.
Mistake #7: Believing in a deal that sounds “too good to be true!” Sure, if you have an 800
credit score, no bills, and a nice fat pile of cash sitting around in the bank, you can probably get
a great deal. But who has any extra money nowadays?
Just ask all the people who thought they got a “great deal” when they took out their adjustable
rate mortgage a few years ago—I bet they aren’t thinking their deal was so great now, right?
You want to focus on getting “the best deal” for you and your situation. And remember, the
best available deal for you is NOT likely to be the best available deal for your neighbor.
Mistake #8: “Hope” refinancing. “Hope refinancing” is when you refinance your mortgage
without going through a thorough financial assessment, and then you cross your fingers and
“hope” things are going to work out.
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www.newyorkmortgagefunding.com
Residential Commercial Mortgages
Purchase or Refinance
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Major Purchases
Buying a Home
Homebuying can be complicated and stressful, but if you plan carefully, buying your dream
home can become more fun and less work for the entire family. Following these steps can help
make your dream a reality.
Be Prepared
When mortgage lenders review your credit report, they evaluate how much you already owe,
how much unused credit you have available, how prompt you are in paying your debts and
whether you’ve recently applied for new credit. They may ask you to explain any late payments,
recent inquiries on your credit report or new accounts. If you have no credit accounts, they may
ask you to show that you pay your rent, telephone bills or utility payments on time.
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Buying a Car
Read and understand the fine print of vehicle purchases, and weigh the benefits and drawbacks
of both purchasing and leasing a vehicle. Here are some reasons that might make buying a car
the right choice for you:
You have the money for the down payment that’s required for a credit purchase.
You like the idea of owning something of value after making payments for years.
You want to trade in an old vehicle.
You plan to carefully maintain your car so that it runs well for many years.
You drive tens of thousands of miles each year. If you lease, you might end up paying a
relatively large amount of money at the lease’s end for exceeding the annual mileage cap,
which is generally 12,000 to 15,000 miles.
Here are some reasons that might make leasing a car right for you:
You need your cash for other purposes
You like driving a new vehicle — perhaps a luxury model — every two or three years
You hate the hassle of selling your old car every time you want to buy a new one
You drive 15,000 miles or less per year
You like the idea of driving a vehicle for a few years before purchasing it
If you decide to lease, you need to learn exactly what you’re paying for in terms of the interest
rate. (It should be close to the current automobile loan rate.) You should negotiate the
capitalized cost (the price the financial institution pays the dealer for the leased vehicle), the
acquisition fee (which the consumer is charged for initiating the lease) and the disposition fee
(which the consumer is charged at the lease’s end if he or she decides not to buy the vehicle.).
Because of all these factors, professionals advise that low monthly payments don’t necessarily
translate into a beneficial transaction for the consumer.
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The success of a new small business largely depends on its owner’s creditworthiness. Whether
the office needs more equipment or the employees need more training, it’s the owner’s
responsibility to pay the bill.
Some owners turn to investors for capital, but many others will secure a loan or a line of credit
from a bank. Others simply use their own personal credit cards or a combination of these types
of credit. Savvy small-business owners will try to find lower interest rates on small-business
loans so they are not subject to the increased cost of using a personal credit card.
Unlike unsecured credit cards, small-business loans generally need to be secured by assets,
namely property or goods. You’ll also need to calculate the actual cost of the loan and decide if
you’re comfortable living with some of the imposed restrictions (such as caps on your salary).
To secure a loan, you probably will need to submit a precise business plan, tax returns, balance
sheets, income statements and credit history — as well as additional documentation — to loan
officials. If you consider that about 80 percent of new businesses fail within three years, it’s easy
to see why lenders are reluctant to finance new businesses. If securing a bank loan isn’t a
possibility for you and your business, you always can turn to your personal or business credit
card to finance your entrepreneurial dreams. However, always remember the risks.
$8,000.00
This is what you could get to buy a home before April 30 2010
Choice 1 Funding
518-843-8698 ext 102
Jamie DiCaterino
jamiedicaterino@newyorkmortgagefunding.com
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WE HAVE YOUR KEY TO GREAT CREDIT & A REASON TO FINALLY GET EXCITED!
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Building Credit
Risks and Rewards
There are many rewards for handling your credit well. You may be able to improve your lifestyle
through purchases that are only possible with credit, utilize services that are only available if you
have a credit card — renting a car for example — and have the resources to pay for unexpected
emergencies.
However, there are risks. Poorly managed credit can land you deeply in debt, and recovery is
not easy. The rules of credit are few and simple. A lender extends you a line of credit. You
agree to pay the lender back the amount you spend plus finance charges and perhaps
additional service fees. A payment schedule is set up and you are required to make payments
according to that schedule. The most important advice is, pay your bills on time!
Types of Credit Available
Revolving credit: Most credit cards are a form of revolving credit. This simply means you are
given a maximum credit limit and you can make charges against that limit, carrying a balance
and making payments each month.
Charge cards: While they often look like revolving credit cards and are used the same way,
charge accounts differ in that you must pay the total balance each month.
Service credit: Often overlooked, your agreements with service providers are all credit
arrangements. You receive goods (natural gas, electricity) or services (apartment rental, cellular
phone use, health club memberships) with the agreement that you will pay for them each month
just as you would with any other form of credit. Your contract may require payments for a
specified number of months, even if you stop using the service. Your accounts with service
providers and the associated payment history are appearing more commonly on credit reports.
Unpaid bills are almost always reported when the account is turned over to a collection agency.
Installment credit: Car loans and mortgages are two examples. Installment credit is among the
most common and easily understood. A creditor loans you a specific sum of money and you
agree to repay the money and interest in regular installments of a fixed amount over a set
period of time, usually measured in months or years.
Using Credit
Getting your first line of credit sometimes can be challenging. Without a credit history, or with a
serious blemish like bankruptcy, lenders may be reluctant to extend you credit. You may want to
talk to a local department store or bank. Ask if they will open a line of credit for you, for perhaps
only $200 or $300.
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It may be necessary to have a parent or friend with a strong credit history cosign for you. If a
person cosigns on your behalf, they are accepting equal responsibility for the loan or credit line.
Without someone to cosign, you may need to begin with a secured line of credit. To do so, you
must open an account with a bank or other lending institution. In turn, you will receive a line of
credit with a limit equal to a percentage of your bank account balance. Often, this type of credit
has higher interest rates and fees, but it may be a good way to get your first credit card.
Tips for Using Credit
When you are extended a line of credit, use it, but use it carefully. Be certain your account is
reported to a credit reporting agency. Most importantly, make your payments on time.
Set up a budget and stick to it. You need to be aware of how much debt you already have and
how much you are adding to that debt by buying with credit.
Shop around for credit. Lower interest rates, lower or no annual fees, cheaper service charges
and additional benefits such as frequent flyer miles or special insurance rates are available.
Find the credit that is right for you.
Once you have signed a credit agreement, you are responsible for it unless the creditor agrees
to release you from the agreement. That not only includes credit cards or installment loans, but
also health club agreements and cellular telephone contracts, even if you stop using the service.
Remember also that a divorce decree does not release you from responsibility for joint
accounts.
Protect yourself from credit fraud. Treat your credit cards like cash. Sign them as soon as you
get them. Don't leave them lying around. Shred receipts that have your account number on
them and do the same with credit offers you receive in the mail but choose not to accept.
(518) 331-8442
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$8,000.00
This is what you could get to buy a home before April 30 2010
Choice 1 Funding
518-843-8698 ext 102
Jamie DiCaterino
jamiedicaterino@newyorkmortgagefunding.com
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Personal Events
Marriage
Managing your credit can be tricky, even when you’re the only person involved in your financial
decisions. Add a new spouse to the mix, and you have to be extra careful to ensure your credit
remains in good standing.
For many engaged couples, talking about finances takes a back seat to the excitement of
wedding planning. But, before saying “I do,” you need to be aware of the credit issues that could
arise with a new marriage.
First of all, both you and your spouse should put all your financial records — savings, salaries,
investments, real estate, and especially credit — on the table. If one of you has a less-than-
glowing credit history, it will affect the other as soon as you start applying for credit together and
opening joint accounts. In addition, your new joint accounts will appear on both spouses’ credit
reports in the future, so be sure to pay careful attention to your bills and pay them on time.
Once you’ve aired your credit laundry, you’ll need to decide whether or not to merge all of your
financial accounts. Many couples do this because consolidated accounts often make for easier
record keeping. Just remember, both of you are responsible for all debt incurred in any joint
credit accounts. So, regardless of who’s incurring debt, a missed payment on a joint account will
negatively affect both of your records. The same is true in community property states, where
virtually any debt entered into during marriage is automatically considered joint. Consider also if
you miss a payment on an individual account, that payment may very well impact your ability to
open joint accounts because both credit histories will be considered.
The best way to keep your record clean starts with a solid understanding of the terms of your
joint accounts. That means paying attention to interest rates, credit limits, annual or late
payment fees and cash advance limits. If you decide to consolidate your accounts, you might
want to keep at least one credit account in your own name as a safeguard in the event of an
emergency. Keeping an individual account can also be a good thing in the event of divorce to
reestablish an individual credit history.
Women who take their husband’s surname after getting married need to notify the Social
Security Administration and their current creditors of this change. You do not need to notify the
credit reporting agencies of a name change. They will automatically update the name on a credit
report when creditors report it.
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The key to successful credit management as a couple is understanding that your individual
credit behavior affects both you and your partner. To ensure that you are able to quickly get
credit at the best possible terms, be sure you both understand all the implications that
accompany a joint account. In addition, consider how the payments stemming from a major
credit purchase will affect your overall budget.
Divorce
With divorce and separation come new experiences and responsibilities. Suddenly words like
“child support payments” and “100 percent liable for bills” enter the picture. If you ignore your
increased financial obligations or fail to separate your accounts, it may be hard to open new
accounts and obtain new loans in your name. But there are many moves you can make to
protect and restore the good credit that took years to build.
Before you begin, get an idea of what your credit report looks like. Get immediate online access
to your Credit Report by going to www.freecreditreport.com.
Your divorce decree does not relieve you from joint debts you incurred while married. You are
responsible for joint accounts, from credit cards and car loans to home mortgages. Even when a
divorce judge orders your ex-spouse to pay a certain bill, you’re still legally responsible for
making sure it is paid because you promised — both as a couple and as individuals — to do so.
The credit grantor (a bank, credit card issuer, mortgage company or other credit-lending
business) also has a legal right to report negative information to a credit reporting agency if your
ex-spouse pays late on a joint account. If your ex-spouse doesn’t pay at all, you’ll probably have
to pay — or the grantor can take legal action against you.
Close or separate joint accounts. If you can talk to your ex-spouse, you can save a lot of grief.
Analyze all your debts and decide who should be responsible for each. Call your creditors and
ask them how to transfer your joint accounts to the person who is solely responsible for
payments. However, you still might have legal responsibility to pay existing balances unless the
creditor agrees to release you from the debt.
Take stock of your properties. You may have to refinance your home to get one name off the
mortgage. Or you might need to sell your home and divide the proceeds.
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Keep paying all bills. Until you can separate your accounts, neither of you can afford to miss a
turn paying bills. During divorce negotiations, send in at least the minimum payment due on all
joint bills. Miss even one payment and it stays on your credit profile for up to seven years,
making it hard to obtain new credit in your own name. Beware of well-meaning friends and
relatives who may tell you to ignore making payments or to run up debts. Always make all
payments with at least the minimum due.
(518) 331-8442
Start small and build up. Get a credit card that has a small credit limit, perhaps from a local
department store or financial institution. Then always pay your bills on time so your credit history
will be excellent. After six months, apply for another card and continue paying bills consistently.
don’t run your debt up beyond what you can afford to pay. It’s a winning strategy that’s easy to
master.
Ask a family member or friend to cosign. Perhaps a relative or friend with an established credit
history can cosign your loan or credit application — provided you repay that cosigned debt on
time. Remember, any transaction also will show up on the cosigner’s credit profile. After a few
months, try again to get credit on your own.
Consider applying for a secured credit card. You must open and maintain a savings account as
security for your line of credit. Your credit line is a percentage of your deposit. Beware of the
extra fees you may have to pay for secured credit.
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You can pick up your pieces and start fresh with a positive credit report — if you pay your bills
on time. After all, your credit profile is always evolving.
Your recent bill-paying pattern is critical. Your behavior (during the next 18-24 months) is most
important in deciding whether you’re a good credit risk. Even one late payment can affect your
ability to get a mortgage.
Help is available if you’re having difficulty paying bills. The nonprofit National Foundation for
Credit Counseling (NFCC), 1 800 388 2227, can help you establish a budget and repay
creditors. Other organizations offer quality credit counseling as well. Be sure the organization
you work with is non-profit and provides budgeting and financial management training in
addition to any debt management plan, and does so at little or no cost. Be very cautious of any
organization that claims it can provide a quick fix to your credit problems, provides you with no
financial management education, or that charges substantial fees for its services.
Bankruptcy Is a Last Resort
Bankruptcy should be the last move to make if you get in over your head.
It’s not an easy way out. Filing for bankruptcy is no guarantee that it will be granted because a
court judgment must be made. Even if all you do is file your bankruptcy papers with the court, it
gets reported on your credit profile.
Not all debts are included in bankruptcy. Things like alimony, child support, student loans and
taxes secured by liens still must be paid consistently.
Bankruptcy remains on your credit history up to 10 years. While a declaration of bankruptcy
removes many debts, any reference to filing, dismissal or discharge still appears on your credit
history for up to 10 years. During this time, you’ll find it more difficult if not impossible to get a
new mortgage, personal loan or a credit card.
Consider Mediation
Mediation can make things much fairer by helping you and your ex-spouse work out a
reasonable and equitable divorce agreement. If you’d like help finding a mediator, contact the
American Arbitration Association. To locate an attorney, check with your state or local Bar
Association.
Death of a Spouse
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If you’ve lost a spouse, you’re already going through one of the most emotionally draining
experiences possible. When a loved one dies, there are also numerous financial matters to deal
with, including credit and debt issues. There are, however, some simple steps you can take now
to help down the road.
Stabilizing your credit in the event of a death can be difficult, especially if your spouse held all of
the credit in his or her name. Keep in mind that in community property states, credit accounts
opened during marriage are automatically joint. That means you are still responsible for any
debt that your deceased spouse incurred.
By law, a creditor cannot automatically close a joint account or change the terms because of the
death of one spouse. Generally, the creditor will ask the survivor to file a new credit application
in his or her own name. After reviewing the new information, the creditor will then decide to
continue to extend credit or alter the credit limit. You might want to open a new credit account in
your name. In doing so, keep in mind that you must use your name only when applying.
Including your deceased spouse’s name will result in a joint account. Experian automatically
updates its records with periodic reports from the Social Security Administration. When the
update is made, your spouse’s credit history will be flagged to show that he or she has passed
away and their name will be removed from any preapproved credit offer mailing lists.
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Employment
Federal law allows potential and current employers to view a modified version of your credit
report for employment purposes such as hiring and promoting.
This employment credit report includes much of the information about your loans and credit
cards that is listed in your credit report. To protect your financial security and meet equal
employment opportunity laws, Experian employment credit reports omit your account numbers,
year of birth and references to your spouse.
Traditionally, the biggest users of credit reports for employment purposes are companies in the
defense, chemical, pharmaceutical and financial services industries because of the sensitive
positions many of their employees hold. Increasingly, other industries use the reports to serve
as a general indicator of an applicant’s financial honesty and personal integrity.
The report, however, does not tell a potential employer whether to hire or promote an applicant.
An employment credit report typically is used in addition to application information, references or
skills testing to help employers make the best, most objective hiring decision.
Consumer Protection
Recognizing the sensitive nature of credit reports, legislators enacted several consumer
protections:
Federal law prohibits anyone from accessing a credit report without first obtaining written
permission from the consumer
If the credit report plays any part in a decision that negatively impacts the consumer, federal law
requires the company to give the consumer a copy of the report along with a written description
of the consumer’s rights
In addition to state and federal requirements, Experian® instituted several policies to protect
consumer privacy and ensure accuracy:
Experian strongly recommends that employers do not deny employment solely on the basis of a
credit report
If the credit report contains information that concerns a potential employer, Experian
encourages the employer to give the applicant an opportunity to clarify the issue
When an employer obtains a copy of a credit report for employment purposes, that access is not
shown on future credit reports except when an applicant obtains his or her own report directly
from Experian. This protects consumer privacy because other employers or credit grantors will
not be informed about job-related activities. In addition, inquiries for employment purposes do
not affect creditworthiness or credit risk scores because they are not shown to lenders.
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(Information about employer access is located in the "Requests for your credit history" section of
the consumer credit report. It remains on the file for two years.)
Or
For 3 Months!!!
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Total debt
Public records
Credit scores do not consider the following information:
Your race, color, religion, national origin, sex or marital status. U.S. law prohibits credit scoring
from considering these facts, any receipt of public assistance or the exercise of any consumer
right under the Consumer Credit Protection Act.
Your age.
Your salary, occupation, title, employer, date employed or employment history. However,
lenders may consider this information in making their approval decisions.
Where you live.
Certain types of inquiries (requests for your credit report). The score does not count “consumer
disclosure inquiry” requests you have made for your credit report in order to check it. It also
does not count "promotional inquiry" requests made by lenders in order to make a
"preapproved" credit offer or "account review inquiry" requests made by lenders to review your
account with them. Finally, inquiries for employment purposes are not counted.
How a Good Credit Score is Determined
Developers of credit scoring models review a set of consumers — often more than a million.
The historical credit profiles of these consumers are examined to identify common variables.
The developers then build statistical models by selecting the credit variables most predictive of
future behavior and assigning appropriate weights to each variable.
“The biggest driving factor to a score is delinquency payments or payment history,” explained
Arlene Dang, Manager of Analytics for Experian.
$8,000.00
This is what you could get to buy a home before April 30 2010
Choice 1 Funding
518-843-8698 ext 102
Jamie DiCaterino
jamiedicaterino@newyorkmortgagefunding.com
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Credit repair is not simply a way of evading responsibility for debt. There are many reasons people may need to
repair their credit, including identity theft, mistaken identity and other inaccuracies, such as an item that remains in
your credit file even after a court has ordered it to be removed. Big companies, lenders and creditors don’t want you
to have this information, however. It’s not in their interest for you to have these inaccurate items removed, even if
it’s your legal right. Myths about online credit repair abound, and as an informed consumer it’s important to keep this
in mind.
Big companies are trying to guard their profits, and incorrect entries on your credit report can work in their favor.
Creditors will try to collect on debts that are not legitimate, and your loss can be their gain. This is the main motive
behind the hundreds of website you’ll find claiming that it’s not possible to fix your credit score – even when it’s your
legal right to challenge negative entries.
Under the Fair Credit Reporting Act (FCRA), you are entitled to dispute questionable entries on your credit report,
and both the consumer reporting company and the creditor are required by law to conduct an investigation and
verify questionable items. If they cannot verify the information, it must be removed from your credit file. This is legal
credit repair in a nutshell.
Credit repair is a legal tool you can use to improve your credit score. This means that if you successfully challenge a
questionable negative item it will be removed. It doesn’t have to stay on your credit report for 7 years. Within 30
days of receiving your request to verify an item, creditors and credit bureaus must investigate the item and verify it.
And then, they MUST remove it if it’s not verifiable.
The truth is that you can legally challenge any entry on your credit report, and inaccuracies can be removed whether
they involve old debts that have been paid off; entries mistakenly put on the wrong credit report, or items that
otherwise should not appear. Even simple mistakes can have serious consequences on your ability to obtain credit in
the future.
If you think legal credit repair is an option for you, your first step should be to locate experts in credit repair who can
advise and assist you in finding solutions to your credit problems. Look no farther than Community Credit Services.
Community Credit Services specializes in legal credit repair and their team of professionals can help you find the
credit repair solution you’re looking for.
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Judgments
Late Payments
Charge Offs
Collection Accounts
Bankruptcy
Foreclosures
Repossession
Wage Garnishment
Credit Inquiry
Collections
Liens
** and any other derogatory mark that appears on your report **
In a dispute letter you must explain why the listing is inaccurate or invalid. Some common reasons include; it is not
my account, information is out-of-date, I was never late, etc. You should be aware that once the credit bureaus
conduct an investigation, it is somewhat common for them to remove a negative mark regardless of its "accuracy."
Mr. Reynolds had a student loan with ACS (a student loan provider), but he defaulted on his payments. When
contacted by ACS, Mr. Reynolds created an agreement with them, whereby he would make payments following a
new payment arrangement and ACS would accept the payments in full accord and satisfaction of his original
agreement. The parties also agreed that no negative reporting would be made to credit bureaus. Over a year later,
the account was transferred to Sallie Mae, and Sallie Mae reported all past late payments on Mr. Reynolds' student
loan and reported a full default of two thousand dollars, which Mr. Reynolds had completely paid by that time.
Mr. Reynolds argues that the negative listings on his credit reports are inaccurate because:
(a) ACS had agreed to accept his repayment plan in full satisfaction of his obligation
(b) that the listing was not accurate when it was reported, years later, and
(c) That the listing was incomplete because it failed to show that he had paid the student loan in full.
[Excerpt from Credit Revolution - Path of the Smart Consumer by John C. Heath, Esq., Dr. Randy Padawer, Jayson R.
Orvis]
The bottom line is that many negative credit marks may technically be "accurate" but do not tell the whole story.
Fortunately, many lenders and creditors are just not willing to spend the money to verify a debt. This often results
in a full deletion of the dispute credit item. On the other hand, credit bureaus are resistant to dispute since it
cost them labor and resources and cuts into their profits. Thus, you may find yourself slamming yourself against
a bureaucratic wall of red tape. Credit bureaus engage in stall tactics in the hopes that you will become
discouraged and simply accept the misery of bad credit.
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According to the Fair Debt Collection Practices Act, a collection agent collector can contact you by
mail, telephone, telegram, or fax. They can also approach you in person, but that’s not a common.
Collectors aren’t allowed to contact you at bad times, including in the morning or late at night. Calls
cannot be placed to your work.
To stop the collection agency from contacting you, write a letter to the collector telling him or her to
stop. Once they receive a letter, they can’t contact you again regarding a payment. The only other
reasons you would hear from them again would be them notifying you that they will not contact you,
or that the creditor is taking further action.
When you write this letter, it’s important to understand that this does not mean the debt is eliminated.
It only means the collection agency cannot bother you regarding this credit report collection. The Fair
Debt Collection Practices Act states this specifically.
The Fair Debt Collection Practices Act Credit says that collectors also can’t participate in unfair
practices, including threatening you. If you believe that an agent has broken the law, you can sue the
specific collector. To delete a collection that the bill collector is calling you about, negotiate with the
bill collector. Have the creditor put in writing that after the payment in full, this collection will be
removed from your report. You can also follow up with the credit reporting agency and dispute the
collection.
If ideas above don’t work, you can consult an attorney or Community Credit Services. Both will be
very familiar with the debt collection laws, and will be able to help you.
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When a person does not pay their student loans back, their loan is considered to be a defaulted student loan.
Defaulted student loans can cause a number of repercussions that can have a negative impact on your life.
First, your loan holder can actually garnish your wages and force you to repay it. By defaulting on a loan, you are
also likely to have bad credit and experience a high volume of collection agency letters and phone calls.
You should rehabilitate a defaulted loan for many reasons. Firstly, your loan will no longer be considered to be in a
default status. Secondly, the default status that’s reported by your loan to the credit bureaus will be deleted. Thirdly,
you will be able to defer your payments, or file for forbearance. Finally, if your wages had been being garnished, this
stops and your income tax refund will be released. But how do you go about rehabilitating your student loan default?
According to the federal student loan website, to rehabilitate most of your defaulted student loans, you must make at
least nine payments of an agreed amount within twenty days of their monthly due dates over a ten month period.
It’s important to remember that payments secured from you on an involuntary basis, such as through wage
garnishment or litigation, cannot be counted toward your nine payments toward rehabilitation. Once you have made
the required payments, your loan will no longer be considered a defaulted student loan. After you defaulted on a
student loan, you will have to work hard to help student loan default leave your history. Paying on time is crucial to
fixing your credit report. An easy way to have this happen is to have automated payments taken out of your banking
account each month to ensure your payment is timely. Just remember to always have enough money in your banking
account to cover the monthly payment.
$8,000.00
This is what you could get to buy a home before April 30 2010
Choice 1 Funding
518-843-8698 ext 102
Jamie DiCaterino
jamiedicaterino@newyorkmortgagefunding.com
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If you have any older collections, typically 3+ years old, they may have exceeded your state’s statute
of limitations. A creditor will often keep your debt listed in case you pay, rather than remove it at the
proper time.
If the proper time has elapsed, simply contest the validity of the debt, giving the statute of
limitations for the reason and you’re home free! Once the statute of limitations has elapsed,
you no longer have a legal obligation to pay anything towards the debt! Of course,
unscrupulous bill collectors will try to convince you otherwise!
(There are some exceptions to this rule of course, but you should know that making a payment on
an expired debt - or even offering to pay an expired debt may nullify your statute of limitations
defense. Proceed with caution!)
Next you need to set a budget. Just how much you are willing to pay to settle the debt?
As a starting point for your negotiation, it’s best to learn exactly how these collection agencies obtain
your debts. In the industry, these companies also known as JDB’s, or Junk-Debt Buyers, buy your
debt for pennies on the dollar (this terminology should give you a big hint on what they expect you to
pay!).
These companies buy many millions of dollars in debt for a small fraction of their original net worth.
At a maximum of just 0.07c per dollar, these agencies only have to recoup a small percentage of
your debt to see a profit. Accounts which are older are sold (and re-sold) for far less. A
prominent credit attorney recommends you begin your negotiations at around 20-25% of your
original debt.
Finally, we suggest you mail or fax a copy of your offer so the collection agency knows what you’re
willing to do. If they reject your initial offer - then wait! Often just waiting a week or two will be enough
to get them to change their mind. If you’ve asked them not to call you, be sure to provide an
alternate method of getting in touch.
Resist the urge to nudge things along! Looking in any way anxious to settle or otherwise close your debts with a
collector is a signal for them to demand full payment. If the collector suspects you’re attempting to make a large
purchase (like a home, for instance) you can forget about any discounts!
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Remember! A collection mark on your credit report severely damages your credit score.
Complete removal of the charge-off and/or collection marks from your credit reports is the
ideal scenario, along with payment for a reduced percentage of your debt. Remember to
include this stipulation in your settlement offer!
unpaid collection
paid collection
collection - paid or settled for less
Below is an image of what a collection looks like on a credit report. This balance on this particular
collection item is already inflated from $16,409 to $21,438 from the interest and fees.
Credit bureaus list negative information such as: (a) the name of the collection agency (b) the
balance owed (c) the original collection amount (d) original creditor and (e) the date that the item
was sent to collections.
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Keep a copy of the letter for your files. Send the letter Certified Mail with Return Receipt so that you
have proof that you sent the letter. If this is too costly, go to the post office and pay for a Certificate of
Mailing. This costs about $1.00.
“I am writing to request that you verify the above debt as required by the Fair Debt
Collection Practices Act. 15 U.S.C. § 1692g. Please send such verification to me at the above
address.”
If you don’t owe the money or if you think the amount is wrong, you should add that to the letter as well.
Even if it’s been longer than 30 days since you received the first collection letters, many debt collectors
will send verification if you ask for it.
WHAT IF I DON’T WORK AND MY ONLY MONEY COMES FROM THE GOVERNMENT?
Most government benefits, including Social Security, Social Security Disability, Supplemental Security
Incomes, and Veteran’s Benefits, are exempt from collection. This means you can voluntarily pay debts
using this money. BUT, if you refuse to pay your debts, the creditors cannot use the law to forcibly take
your benefits from you. They can sue you, but even if they win, they can’t make you pay them from your
benefits. If you have other funds, those can still be taken from you.
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Note: There are exceptions to the general rule that the above benefits are exempt from garnishment:
some exempt funds may be garnished for purposes of paying child support or federal debts, including
student loans. If you owe these kinds of debts, you should contact an attorney to find out how these debts
may affect your benefits.
If your only income is exempt, you should add the following paragraph to the letter you send:
“Moreover, my only source of income is exempt from collection. I have no income or assets
that can be lawfully collected for an enforceable claim or debt. This letter serves as notice of
the fact that I do not have any assets or income that are subject to collection under the law.
In the event this debt is sold, this letter shall be included in my file to ensure that the buyer
is put on notice of the same. If you or any subsequent holder of this debt attempts to attach
exempt funds in order to collect this debt, you will be subject to wrongful attachment
litigation.”
This might help you in the future if you are sued and the debt collector tries to take your benefits.
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USA
Equifax
P.O. Box 105252
Atlanta, GA 30348-5252
Order By Phone:
1-800-685-1111
CANADA
Equifax Canada Inc.
Phone:
1-800-465-7166
USA
Trans Union LLC
Consumer Disclosure Center
P.O. Box 1000
Chester, PA 19022
CANADA
Consumer Relations Centre
(All provinces except Quebec)
P.O. Box 338, LCD 1
Hamilton, ON L8L 7W2
Phone: 1-866-525-0262
Experian
Attn: NCAC
P.O. Box 2002
Allen, TX 75013
Order By Phone:
1-888-397-3742
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Charge Offs - a charge off often results in two negative listings - one from the
original creditor and any successive collection agency
There are many ways to keep your home out of foreclosure. Above all, talk with your lender as early
as possible when you first realize you won’t be able to make a payment. Open communication is
essential. Mortgage companies don’t want your home. They want you to pay back the loans and can
be flexible when you need it, you just need to contact them and learn what options are available.
Get a Forbearance
One of those options is through offering forbearance on your loan. You may be able to get the lender
to let you skip a few payments during a tight period. However, it’s important that you remain in
contact with the lender. They need to know about your problems before you miss a payment.
It is possible to get a loan forbearance on your home mortgage, even if you’ve already gotten the
notice of default. You may need to agree to a repayment plan with the lender and you’ll also be
asked to sign a ‘forbearance agreement’.
You can also try to work out a repayment plan on the missed mortgage payments. This is something
your loan company might require as part of a loan forbearance.
Repayment plans will vary depending on your situation and how long the mortgage company is
willing to let the extra payments extend out. Repayments can consist of adding a $100 a month to
your current mortgage payments.
Unfortunately, it’s hard to make additional payments when you’re having enough financial trouble to
be in default in the first place. So, there may be a few other options for those who need to make
lower payments on their mortgage.
If you just can’t keep up your monthly mortgage payments and certainly can’t keep up with a
repayment plan then loan modification may be for you.
Modifying your loan allows you to reinstate your mortgage, which is great if you are in default, and
reduces your monthly payments to something you can afford.
Here are three things the lender needs to confirm for a loan modification. You need to prove that you
are in hardship or having financial difficulty, you also need to show that you can pay the new lower
monthly payment, and they need to see that you lack equity in your home.
Equity is that lovely condition where the homeowner has made enough payments to actually pay
down part of the cash value of their home loan. This equity can entitle you to other options like a
loan refinance or a second loan, but they limit you in loan modifications.
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To get a loan modification you’ll need lots of patience and a good phone plan, because you’ll be
making a lot of calls. You can try working with the lender to complete your loan modification yourself,
or use a company to act as your go between in the process.
Refinancing your loan helps you reduce your monthly payments by taking advantage of lower
interest rates. This is a really great idea for homeowners who have some equity in their homes, but
are stuck with adjustable or high interest rates.
Refinancing your loan can allow you to also catch up those past due mortgage payments by
including them in the new loan.
This can also allow you the chance to look at other types of home loans. If you are finding your short
term 15 year loan hard to keep up payments on, then converting it to a longer 30 year loan can lower
your monthly payments even further.
The process can be involved, and you’ll find it very similar to when you applied for the original
mortgage on your home. Refinancing also costs you money. There are fees associated with the
following:
• title search
• application
• credit check
• property appraisal
There may also be a prepayment penalty fee for paying off your original mortgage, depending on
the terms of that mortgage. This can be a couple thousand dollars.
Don’t worry too much though. You’d be surprised what the lenders can work out with you if you are
persistent. There are refinance loans that don’t involve fees or have minimum fees and you may be
able to include those costs in your new mortgage.
Consider a Bankruptcy
You may not want to hear it, but filing for bankruptcy can help save your home. No one wants to go
into bankruptcy but if you really can’t negotiate with the mortgage company for a loan modification or
get some kind of forbearance then a bankruptcy may be your only option. This is especially true if
you really don’t want to lose your home.
There are two kinds of Bankruptcy that may help you stay in your home. Chapter 7 or Chapter 13 will
both stop a foreclosure. However, they do affect your credit and you’ll still need to ‘cure’ the
mortgage. This can mean trying to refinance or simply catching up payments.
Chapter 7 bankruptcy temporarily stops the foreclosure process. Depending on your case you may
also get a little extra time to refinance your property or if need be, sell it on the market.
Chapter 13 bankruptcy will give homeowners an even longer amount of time to catch up past due
payments. Typically, homeowners will get five additional years to make those past due payments
and decide what to do with the property. However, you’ll need to have proof that you can make
some payments according to the plan that is set up by the courts.
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Bankruptcy is a tricky business. Before you even start this process you really need the advice of a
good lawyer, preferably someone who can help you decide if this is your best option.
A short sale on your home is the last option before foreclosure. Try this if you find;
• your loan is too far in default for forbearance or repayment
• the bank can’t refinance or modify your loan to a low enough monthly payment
• you have no other options and you don’t want a bankruptcy on your credit
The short sale is selling your home to a buyer for less than you owe on the mortgage. These types
of sales are involved processes, which require patience and lots of communication with your lender.
It’s possible to complete a short sale on your own, but you’d need plenty of education and time.
Luckily, there are a lot of short sale companies out there that are willing to work with you and the
mortgage company to complete a sale.
When you begin the short sale process you may need to give the short sale company lots of
personal and financial information. This is used for your ‘short sale package’ which shows the bank
that you can’t keep up your payments or that your house isn’t worth the value of the loan. This is
especially true in areas where the real estate markets have dropped!
You’ll also be selling your home to another person, which means you don’t get to keep it or even
stay in it. So, be aware that you will be leaving your house with this option, but it drastically reduces
the amount owed on your mortgage and saves your credit.
Don’t despair if you have missed a few payments or have received that notice of default. There are
still ways to save your home. These are some of the most commonly found methods and there are
variations of each one. Be sure to speak with a foreclosure expert who can help you pick the right
process to save your home.
Sommerset Properties
New York’s Top Short Sale Team
Call 518-280-6400
“ Let Us Deal With The Banks For You “
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SOMMERSET PROPERTIES
518-280-6400
www.avoidforeclosureinalbany.com
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When foreclosure looms on the horizon and if you know that you’ll have to default on your home loan, contact your
lender right away. They may be willing to work with you to come up with an arrangement that will allow you to
prevent foreclosure. This is in their interest as well as yours. Loan modification could be a solution, and would entail
modifying the terms of your current loan. Among other methods, you could negotiate to reduce interest rates,
increase your monthly payments, or catch up on missed payments.
A bank might also be amenable to a short sale to help you avoid defaulting on your loan. This might be your only
alternative to foreclosure if you have no equity in your home. It still involves a loss to the lender; they’ll have to sell
your house for less than what it is worth but for much more than they’d receive in a foreclosure auction. This could
be another way to stop foreclosure. This is not the best option, however, as your credit will be impacted almost as
much as with a foreclosure – but you could be eligible for another home loan in as little as two years compared with
the much longer time period associated with foreclosure.
If there’s no way you can avoid foreclosure, be prepared for the following:
You want to prevent foreclosure at all costs, but if it has already happened, you do have a possibility to remove
foreclosure from your credit report. Community Credit Services has a team of experts that can help you remove
foreclosure or other negative items from your credit file guaranteed, so contact Community Credit Services today and
find out how they can assist you with foreclosure credit repair.
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Today's Date
Your Name
Your Address
In accordance with the Fair Credit Reporting Act (FCRA), I wish to add a short statement to my credit file
explaining information that your reinvestigation failed to resolve to my satisfaction. For your
convenience, I've quoted the specific paragraph from the FCRA that gives me the right to add this
statement to my credit file:
Section 611b. Statement of Dispute: "If the reinvestigation does not resolve the dispute, the
consumer may file a brief statement setting forth the nature of the dispute. The consumer
reporting agency may limit such statements to not more than one hundred words if it provides the
consumer with assistance in writing a clear summary of the dispute."
"On September 20, I was called up to active duty and sent on a 179 day overseas deployment.
During this time my active duty pay was significantly less than my civilian pay causing me a
great deal of financial hardship and making it nearly impossible for me to pay all of my debts.
Please note that within a very short period of time (120 days) of my release from active duty I
brought this account current. The problem is now resolved and will not affect my finances."
Please provide me written confirmation that you have added the above statement to my credit file within
30 days of this request.
Sincerely,
Signature
Your Printed Name
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NOTE: Reassure potential creditors by including the statement, "the problem is now resolved, and will
not continue to affect my finances."
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Today's Date
Your Name
Home Address
Phone Number
This letter is to inform you that my financial situation has worsened since our previous payment
agreement. Given my significantly reduced income, I have no choice but to request an
amendment to our original payment agreement dated {insert date}.
Based on my current income and the number of other creditors I owe money too, I promise to
pay $ _________ each month, (week, every two weeks etc.) until my account is paid in full.
If my financial situation improves and I am able to increase my payment, I will contact you
immediately. Please send written confirmation of your acceptance or rejection of this offer to
my address outlined above.
As a show of good faith I have enclosed payment in the amount of the lower payment. I thank
you for your understanding in this matter and look forward to your favorable consideration. If
you have any questions concerning this matter I can be reached at (insert phone number and area
code).
Sincerely
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Cease and Desist SAMPLE LETTER (to stop communications from debt collectors, dispute the debt,
notify creditor of exempt income). You can use any or all of the three paragraphs in the sample letter.
Your Name
Your Street Address
City, State, Zip
Today’s Date
I am writing to formally request that you stop all communications to me regarding this debt. The Fair Debt
Collection Practices Act, 15 U.S.C. § 1692c, requires that you honor this request. Moreover, under New
York City Law, it is against the law for you to call and speak with me about a debt more than twice in a
seven day period. N.Y.C. Admin. Code § 5-77.
I am writing to request that you verify the above debt as required by the Fair Debt Collection Practices
Act. 15 U.S.C. § 1692g. I dispute that I owe this debt. Please send such verification to me at the above
address.
Moreover, my only source of income is exempt from collection. I have no income or assets that can be
lawfully collected for an enforceable claim or debt. This letter serves as notice of the fact that I do not
have any assets or income that is subject to collection under the law. In the event this debt is sold, this
letter shall be included in my file to ensure that the buyer is put on notice of the same. If you or any
subsequent holder of this debt attempts to attach exempt funds in order to collect this debt, you will be
subject to wrongful attachment litigation.
Thank you for your time and attention to this matter. Your cooperation will be appreciated.
Sincerely,
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Your Name
Your Address
City, State, Zip
Date:
This will serve as your legal notice under the federal Fair Debt Collection Practices Act (FDCPA) to cease
all communication with me in regard to the debt referenced above. Do not contact me, or any third
parties regarding this debt.
Furthermore, I formally dispute the validity of this debt. Receipt of this formal dispute letter requires
you to provide me with documentation that sufficiently supports your assertions that the above-referenced
debt belongs to me and that I owe the exact amount alleged. Please send me copies of the original
application for this account, any signatures associated with this account, any bills associated with this
account, etc.
You are also notified that should you furnish any derogatory or inaccurate information to any credit
reporting agencies, appropriate actions will be taken pursuant to the Fair Credit Reporting Act and the
Fair Debt Collection Practices Act.
Sincerely,
Your Name
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Your Name
SSN
ChexSystems
Customer Relations
Dallas, TX 75234
Date:
My bank has informed me that there is negative information reported by United Anytown Bank
included in the file ChexSystems maintains under my Social Security Number. Upon ordering a
copy of the report, I see an entry from this bank listing a “debit card revoked” in March 1997.
Please validate this information with United Anytown Bank and provide me with copies of any
documentation associated with this “debit card” bearing my signature. In the absence of any
such documentation bearing my signature, I ask that this information be immediately deleted
from the file you maintain under my Social Security Number.
Sincerely,
Your Signature
Your Name
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Date: [put the date you are signing the letter here]
Dear Sirs/Madam:
[note: check all that apply, and replace the words in italics with your details]
[list any errors here, such as wrong [and provide the correct info here]
SSN, DOB, address, etc.]
Erroneous Information:
[explain why the reported information is inaccurate. For example, if you were reported
for NSF activity, but never had an NSF with the Reporting Entity, explain that here. As
another example, if there is “Reported Information” about an account you never had,
make sure to explain that here. Be careful to look for any identity theft! As another
example, if a “Charge Off Amount” or “Debt” is shown as not being paid off, but you
did pay it off, make sure to list it here and demand that your report be updated to show it
is “Paid in Full”]
[repeat this section, with Source of Information and the errors for each error in the
“Source Information” section of your report. You may have more than one error.
Explain each error clearly and briefly.]
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[ ] The following inquiries are more than three years old and should be removed:
[type the “Inquirer Name” from your report] [list the date of inquiry]
[ ] The following information is over 5 years old, and should be removed from
my report:
[list any other inaccuracies in your report, and explain why the information is
inaccurate. Request that the inaccurate info be updated or deleted.]
Sincerely,
________________________________________
[sign your signature on the line]
Enclosures: [you can attach proof of paid debts, errors, etc as an attachment]
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Today's Date
Your Name
Home Address
Phone Number
Please close the above referenced account effective immediately. I spoke with {insert name} on {insert date} at
{insert time}, and {he/she} assured me that the "payoff balance" would be no more than $ {insert dollar/cents
amount}. I've enclosed a check for that exact amount.
Or alternatively...Please close the above referenced account effective immediately. My records indicate the account
has a zero balance.
Please send me written confirmation that this account has a zero balance and the date the account was closed.
Also, include proof that you've complied with section 623(a)(4) of the Fair Credit Reporting Act by reporting this
account as "closed by consumer" to the national credit bureaus.
Thank you for your cooperation. If you have any questions concerning this matter I can be reached at (insert
daytime phone number and area code)
Sincerely,
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SOMMERSET PROPERTIES
518-280-6400
www.avoidforeclosureinalbany.com
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1. How to Complain
Begin by contacting the business that sold you the item or performed the service. If they will not or
cannot help you then go directly to the headquarters of the company or the manufacturer. Ask if they
have a consumer affairs office and, if so, report the problem directly to them.
As calmly and concisely as possible, describe the problem and what action you would like them to
take.
Keep a record of your efforts to resolve the problem. Record all correspondence over the phone and in
writing. Keep notes of whom you spoke with and what they said. Allow time for the person you
contacted to resolve your problem. Keep notes of the date, what was agreed on, and the next steps to
be taken.
When sending a complaint letter to the company, be sure to accurately describe the problem, the
actions you've taken to resolve the problem, and what solution is acceptable to you (want your money
back, product repaired or exchanged, service performed again and so forth).
Save copies of all letters to and from the company. Don't give up if you are not satisfied. There are third-
party dispute resolution programs, trade associations, media programs, national consumer
organizations, and legal assistance programs l that may be able to assist you.
2. Making a Complaint
Use this complaint resolution letter as a guide. If you use e-mail, make sure to send a copy of the e-mail
to other relevant organizations and yourself.
Address letters, faxes or emails to the company's consumer affairs department or to the president if
there is no consumer affairs office.
Call the company's toll free number located on documents you've received from the company. If you
cannot find a number or do not have any documents, look in a directory of toll-free telephone numbers
available at your public library, or toll-free directory assistance at 1-800-555-1212 or refer to this list of
Corporate Consumer Contacts.
Check the product label or warranty for the name and address of the manufacturer or parent company.
Because the name of the manufacturer or parent company is often different than the brand name,
check the following books in the reference section of your local library for contact information:
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Check the state agency (possibly the corporation commission or secretary of state's office) that provides
addresses for companies incorporated in that state.
4. What To Say
Include in a letter, fax, or email your name, address, home or work telephone numbers, and account
number (if any).
Make your written or telephone complaint brief. Include the date and place you made the purchase,
who performed the service, information about the product (such as the serial or model number,
warranty terms), what went wrong, with whom you have tried to resolve the problem, and what you've
want done to correct the problem.
Be reasonable, not angry or threatening. Type your letter, if possible, or make sure that your
handwriting is neat and easy to read.
5. What To Do Next
Send your complaint letter via mail return receipt requested. This will cost more, but it will give you
proof that the letter was received and will tell you who signed for it.
Keep a copy of your complaint letter, and all letters to and from the company.
If you believe you have given the company enough time to resolve the problem, file a complaint with
your state or local consumer protection office, the Better Business Bureau, or the regulatory agency that
has jurisdiction over the business, e.g., banking, insurance, utilities commissions, State, County and City
Consumer Protection Offices.
Keep all copies of your letter, fax or email, and all related documents.
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Media Programs
Local newspapers and radio stations often have Action Lines or Hotline services. Many try to resolve all
of the consumer complaints they receive. Others handle only the most serious cases or those that occur
most frequently. To find these services, check with your local newspapers, radio and television
stations, or local library.
Call for Action, Inc. is a forty year old nonprofit network of consumer hotlines, which operates in
conjunction with broadcast partners to educate and assist consumers and small businesses with
consumer problems. Listed below are hotlines in major markets staffed with trained volunteers who
offer advice and mediate complaints at no cost to consumers. Consumers in all other locations should
use the following Network Hotline information . . .
Resources
WBZ Radio Call For Action WABC Radio Call For Action
Boston, MA New York, NY
617-787-7070 212-268-5626
WIVB-TV Call For Action KPNX-TV & KNAZ-TV Call For Action
Buffalo, NY Phoenix/Flagstaff, AZ
716-879-4900 1-866-260-1212 (toll free)
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WXYZ-TV & WJR Radio Call For Action WTOL-TV Call For Action
Detroit, MI Toledo, OH
248-827-3362 419-255-2255
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Today's Date
I am disputing an item on my statement, dated {insert date of statement}. Please note that this letter is dated within
the 60-day limit required under the Fair Credit Billing Act.
I am disputing an item on my statement dated {insert date of statement} because I am unable to determine from my
records what the charge is for. I need more information about line item {place the line item number or description
here}. Please send copies of any documents you have pertaining to this item.
Date of Statement: {Insert the date from the statement you are disputing}
Describe Error: {If disputing dollar amount, insert amount using $0.0 format}
{Insert explanation of why you believe an error occurred} see more examples below
I understand that you have 30 days to respond and 90 days to either resolve my dispute or inform me in writing of
why the bill is correct. Until then, I will pay any amount due except for the amount in question and await your
letter explaining all actions taken concerning this dispute.
If your investigation shows the information to be accurate, I respectfully request that you provide an explanation of
your findings, a statement of what I owe, including any finance charges that have accumulated and any minimum
payments I've missed while questioning this bill. If I agree with your findings, you can expect my payment in the
amount you say I owe within the 10-day limit allowed under the Fair Credit Billing Act.
Sincerely,
Signature
Printed Name
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Reasons for disputing credit card bills (Select one to insert in the letter above)
5. The amount was entered on a date different from the purchase date (important when interest is
charged by the day)
6. You did not accept delivery on an item or it was not delivered according to agreement;
7. The bill contains arithmetic errors, (Look at the date on the postmark. If your account is one on
which no finance or other charge is added before a certain due date, then creditors must mail
their statements at least 14 days before payment is due).
8. The bill does not show a payment or other credit to your account; (Look at the payment date
entered on the statement. Creditors must credit payments on the day they arrive, as long as you
pay according to payment instructions).
9. The bill is not being mailed to your current address, (use only if you told the creditor about an
address change at least 20 days before the end of the billing period);
10. The bill contains a questionable item, or an item for which you need more information.
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Today's Date
Your Name
Your Address
Business Name
Business Address
Dear {use the name of the person with whom you spoke with}
Thank you for speaking with me today and for agreeing to resolve my complaint.
For the record, my complaint is (clearly but briefly describe your complaint - use facts)
As agreed upon in our conversation, you will state that you or your company will (state the specific action agreed
upon including all details) See note below
Sincerely,
Signature
Your Printed Name
Note: Actions taken to resolve your complaint can include but are not limited to refunding your money, (state
the specific amount), repairing, replacing or exchanging the item, substituting an equal or better product or
service and so forth).
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Today's Date
Your Name
Your Address
Business Name
Business Address
On (date), I (bought, leased, rented, or had repaired) a (name of the product, with serial or model number or service
performed) at (location, date and other important details of the transaction).
State problem
Unfortunately, your product (or service) has not performed well (or the service was inadequate) because (state the
problem). I am disappointed because (explain the problem: for example, the product does not work properly, the
service was not performed correctly, and I was billed the wrong amount, something was not disclosed clearly or was
misrepresented, etc.).
To resolve the problem, I would appreciate your (state the specific action you want - money back, charge card
credit, repair, exchange, etc.) Enclosed are copies (do not send originals) of my records (include copies of receipts,
guarantees, warranties, canceled checks, contracts, model and serial numbers, and any other documents).
I look forward to your reply and a resolution to my problem, and will wait until (set a reasonable time limit) before
seeking help from my local or national consumer protection agency and filing a complaint about your business with
the Better Business Bureau. Please contact me at the above address or by phone at (daytime phone number with area
code).
Sincerely,
Signature
Your Printed Name
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Always use the name of the person with whom you are speaking!
Let the creditor know exactly why you are calling. Be direct and to the point and use
their name.
"I am experiencing financial difficulties at this time and have fallen behind (or going to fall
behind) on my payments to you. My account number is {Account Number}".
If necessary, work with a financial counselor to set up a spending plan budget. If the
creditor/collector suggests an amount you can't afford, state the amount established in
your budget. Do not agree to an amount that you cannot afford!
"I am currently working with a financial counselor and have established a payment amount. I
have other creditors with whom I need to make similar arrangements. I can afford to pay {state
the amount you can really afford not what they are demanding} for the next {weeks, months}
months. I should be able to resume my regular payments at that time."
Begin thinking about the future right now. As part of your repayment process,
negotiate what will be reported to credit bureaus.
"How will this repayment schedule affect my credit report?" Be sure to ask, "Once I've
successfully repaid this debt, will any negative information given to the credit bureaus be
removed from my credit report?"
Enter what the creditor says in your phone log. Remember to record the collector's
name and the date, time, and specifics about the conversation.
"Thank you {Creditor/Collector's Name} for working with me. I understand I will not be able to
receive any additional credit until my situation changes. Until then, I will make {$ amount of
payment} payments beginning {date of first payment}. You may call me periodically to check
on my progress if you'd like. I will send you a letter within five business days confirming our
agreement today and, once again, let me thank you for understanding my situation. Good bye".
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Today's Date
Your Name
Your Address
Thank you for speaking with me today about my temporary problem in making my normal payments, and for also
agreeing to the following payment arrangement on my account.
As agreed upon in our conversation, I will make reduced payments in the amount of $ _____ on or before the
______ of each month for a period of ____ months and after that time will resume making normal payments.
Thank you for your help and understanding in this matter. If you have any questions regarding this matter I can be
reached at (insert daytime phone number with area code).
Sincerely,
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You: "Who is calling please?” (Do not let the use of your first name throw you off guard, always confirm
who you are speaking with. Under the FDCPA, collectors must identify themselves and their company)
Collector: "This is Mr. Collector from ABC collections, the collection agency representing Way
Past Due on your outstanding balance of $3,700. I need to know if you are able to take care of
this past due bill at this time.
You: "Hold on while I turn on my tape recorder." (After turning on recorder ask the caller to repeat his or
her name, company and reason for calling.) Then say, "I do not believe I owe this debt. Send me the
information on this debt according to the Fair Debt Collection Practices Act so that I may review it."
Expect the collector to use questions or statements in an attempt to get you to admit the debt is yours.
Do not answer these questions, stick to the answer outlined above and insist on the collector following
the FDCPA by sending you the proper information - stay focused
Their script tells them to ignore your response and press on with asking you a bunch of questions. By
refusing to take the "bait" you frustrate their efforts because your answer is not on their script. At this
point, many collectors are unsure of what to say or do next so they resort to anger. Remain calm and be
sure your tape recorder is on!
NOTE: Once you've verbally disputed a debt, there is only one legitimate question that you need to
answer:
DO NOT answer any additional questions! If the collector insists on asking questions, terminate the call.
Expect the collector to call right back. Turn on your recorder and answer the phone. Don't say anything
except, "I am recording this call and, since I disputed this debt during your last call, this call from you
violates the FDCPA and forces me to report your violation to my State Attorney General. Then, terminate
the call again.
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You: "Who is calling please?” (Do not let the use of your first name throw you off guard, always confirm who you
are speaking with. Under the FDCPA, collectors must identify themselves and their company)
Collector: "This is Mr. Collector from ABC collections, the collection agency representing Way Past Due on
your outstanding balance of $3,700. I need to know if you are able to take care of this past due bill at this
time."
Take your time and THINK before saying anything. Is it possible the debt has expired? See statute of
limitations (SoL) If the SoL has expired (or you're not sure) revert to scenario #1.
You: "Are you collecting on behalf of a creditor, your employer or yourself?” Until the collector answers this
question DO NOT answers any other questions.
IMPORTANT: If the debt is new, the collector is probably working for the creditor. If the debt is more than
1-2 years old it's a good bet the debt was sold and this collector (or his company) purchased it.
If the collector owns the debt and you do NOT wish to pay the debt state: (be sure your tape recorder is on
beforehand).
You: "It is my policy to never deal with debt collectors who are not representing the creditor. Give me your
address so that I may send you a cease and desist letter in accordance with the FDCPA."
Be prepared for any and all of the questions below and consider each question carefully before answering.
Remember; you do NOT have to answer any questions. However, if you choose to answer questions, see
the "questions you can answer" section below for which questions you should answer and which ones you
should weigh heavily before giving a stranger your information.
If the collector owns the debt and you still wish to pay it, then you must decide on how much to pay. Just
remember Junk Debt Buyers purchase old debts for pennies on the dollar.
Do I have your address right at (street), (city) and (state) and (zip code)?
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Note: After answering this question, inform the caller that any future calls between (hours) and on (days) are
inconvenient.
Note: Collectors are allowed to call and verify employment BUT that is all! They are not allowed to discuss your
information, nor are they entitled to any information about your income or any other personal information.
If you answered any of the above questions then expect the collector to put you on hold while he figures out the
best suggestion for you to pay off the debt. Typically they will come back with, "If I could show you a way to pay
this debt off, would you be willing to work with me?
Unless they suggest a payment plan that you can afford DO NOT agree to anything! They'll suggest borrowing from
others, refinancing your home or car loan, or putting the debt on another credit card. Using these options means
robbing Peter to pay Paul and, more than likely, will just push you deeper in debt.
Consider your answer carefully!! Counter offer with a payment agreement of your own (only suggest what you can
truly afford) and ask about credit reporting information. You want to keep it off your credit reports so make this
part of your payment agreement.
Collectors are trained to dun (collect or ask for payment) in the following priority...
Balance in full;
Settlement (in no more than two payments);
Payments over 3 or more months, usually not to exceed 6 months;
Good faith payment while you ask others for loan (parents, friends, bank etc.)
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...and since they want the full amount as quick as possible, they will refuse just about anything you offer and try to
force you to agree to their terms.
Unless you're extremely good at negotiating, never negotiate terms on the phone, you'll lose every time. Offer
your terms once (maybe twice) and if they refuse to work with you, end the conversation!
WARNING! Be absolutely certain the Statute of Limitations (SoL) has not expired before agreeing to anything, but
especially before making a token payment! In many states, a token payment or a written agreement to pay resets
the SoL clock!
Collection agencies, bill collectors and junk debt buyers are trained to get payments in the following priority:
1. Auto Pay: involves withdrawals from your bank accounts via post-dated checks, automatic electronic
withdrawals or similar methods.
2. Priority Mail
3. Certified Mail
NOTE: Although collectors will insist on you paying by their preferred method, there is no law compelling you to
pay by any of these methods! Pay by any method that does not provide information about your bank account to
the collector. The best method is to pay by bank draft and send it via official mail.
WARNING! Never pay by post-dated check or an automatic withdrawal process. I've seen it happen too many
times where the check is cashed early or more funds are withdrawn than authorized! This causes even more
problems with returned checks and overdrawn charges!
Once they have a payment agreement, collectors usually end the call by saying:
"What guarantee can you give me that you'll send the payment?"
Hopefully you have been taking good notes or, even better, tape recording the call (inform the caller at the
beginning of the call that you are taping the call) so you can also keep accurate records of what actions were
agreed upon.
WARNING! Do NOT send any money until you have a signed payment agreement letter in your possession!
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Today's Date
Your Name
Your Address
RE: Your {letter dated} or {phone call on date} reference account #: {place account or reference number here}
According to my records and your {phone call or letter} the balance of this debt is $_____. I am not disputing this
debt however; my current financial situation prohibits me from paying the amount you're demanding. I am able to
make payments on this account every {insert date of month} to your company in the amount of $ _________.
I would appreciate a call from you confirming your acceptance of my payment terms. However, if I do not hear
from you, I will consider your cashing or depositing my check as confirmation that you accept my payment terms.
If you do not accept my terms then I expect the enclosed payment to be returned to me immediately in the enclosed
self-addressed stamped envelop.
As a show of good faith I've enclosed my first payment in the amount of $________. If my financial situation
improves enough for me to increase my payment amount I will contact you immediately. Thank you for
understanding.
Sincerely,
Signature
Your Printed Name
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Today's Date
Your Name
Home Address
Phone Number
RE: Collection letter dated {date of letter here} or phone call on {date of call here} reference account #: {account or
reference number}
I do not agree that I owe as much as you claim I owe on the above referenced account. In an effort to save both of
us a great deal of time and expense I am offering to settle this account for $ _______.
If you accept my offer, please send written confirmation to my address listed above. Once I receive your written
confirmation, I will mail payment to your organization within five business days. If you wish to discuss this
settlement offer, I can be reached at (insert daytime phone number with area code). However, please understand that
I will not make any payment until receiving written confirmation that you accept my offer.
Sincerely,
Signature
Your Printed Name
Alternative Text
I do not agree that I owe as much as you claim I owe on the above referenced account. In an effort to save both of
us a great deal of time and expense I am offering to settle this account by making payments in the amount of $
___________ every month (week or two weeks.
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Today's Date
Your Name
Your Address
Collector's Name
Collector's Address
This letter is in response to your [letter dated xx-xx-2005] (copy enclosed) or [phone call on xx-xx-2005],
concerning the collection of the above referenced [account or date].
I do not believe I owe what you say I owe therefore I dispute this debt. I am well aware of my rights under the Fair
Debt Collection Practices Act (FDCPA) and my state laws so I hope to save both of us a great deal of time by letting
you know that not only do I dispute the validity of this debt, I have also checked with my State Attorney General
and verified that the Statute of Limitations for enforcing this type of debt through the courts in (insert your state or
the state in which the contract was signed) has expired. Therefore, should you decide to pursue this matter in court I
intend to inform the court of my dispute of this debt and that the "statute of limitations" has expired.
This letter is your formal notification that I consider this matter closed and demand that you, or anyone affiliated
with your company, stop contacting me regarding this or any other matter except to advise me that your debt
collection efforts are being terminated or that you or the creditor are taking specific actions allowed by the FDCPA
or my state laws.
Be advised that I consider any contact not in accordance with the Fair Debt Collection Practices Act a serious
violation of the law and will immediately report any violations to my State Attorney General, to the Federal Trade
Commission and, if necessary, take whatever legal action is necessary to protect myself. Be advised that I tape
record all phone calls and violations of the FDCPA can result in you or your company being personally fined up to
$1,000 per incident.
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Today's Date
Your Name
Home Address
Phone Number
My records show the balance on the above referenced account to be $_______. This letter is to inform you that in
30 days from the date of this letter I intend to send a final payment for that exact amount and mark the instrument
"Paid in Full".
If you disagree with my calculations, I expect to receive a written explanation from you before 30 days otherwise I
will assume you agree with my calculations and will accept my final payment and, after cashing my final payment
show my account as zero balance.
If you have any questions concerning this matter, I can be reached at {insert daytime phone number and area code}.
Sincerely
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"Hello {use person's name}, this is {Your Name}. How are you today?"
(Let the creditor know exactly why you are calling. Be direct and to the point).
{use person's name} I am calling to follow up on my letter dated {insert date of initial
complaint} regarding the problem with {state the problem, my account number is {provide
account number if applicable}.
I have not received any response (or the response I received was inadequate or unacceptable).
The problem still exists and I am requesting your help in resolving it.
On (date), I (bought, leased, rented, or had repaired) a (name of the product, with serial or model
number or service performed) at (location, date and other important details of the transaction).
Unfortunately, your product (or service) has not performed well (or the service was inadequate)
because (state the problem). I am disappointed because (explain the problem: for example, the
product does not work properly, the service was not performed correctly, I was billed the wrong
amount, something was not disclosed clearly or was misrepresented, etc.).
I really want to resolve this problem and would appreciate your help. (state the specific action
you want - money back, charge card credit, repair, exchange, etc.)
(Remain sincere, give the person a chance to respond, and really listen).
"Thank you {use person's name}, for helping me with this problem, I will send you a letter
confirming our agreement today and follow up with you on (date agreed on).
Once again let me thank you for understanding my situation and for your help in resolving this
issue".
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Today's Date
Your Name
Your Address
I am writing in response to your (letter or phone call) dated {insert date}, (copy enclosed) about the above
referenced account. I am unable to pay on this account due to {insert reason here i.e. unemployed, disability}. This
is a {permanent or temporary} situation.
I also hope to save both of us a great deal of time, energy and expense by letting you know that I have no attachable
income or own any assets such as a home, car or land; essentially I have no money and can prove it! In accordance
with the Fair Debt Collection Practices Act, 15 USC 1692c, 805(c):
(c) CEASING COMMUNICATION. "If a consumer notifies a debt collector in writing that the
consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further
communication with the consumer, the debt collector shall not communicate further with the consumer
with respect to such debt..."
Although I agree that I owe this debt, I am unable to make any payments toward it and therefore ask that you cease
further communication with me concerning this debt. I will notify you if my financial situation improves enough to
allow me to begin or resume making payments. Thank you for your understanding in this matter.
Sincerely
Signature
Printed Name
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General Instructions
It is very important to keep copies of everything when communicating with creditors, debt collectors,
credit reporting agencies and credit repair agencies. This means keeping copies and records of all
correspondence sent and received including envelopes!
Should the creditor, debt collector, or credit reporting agency or repair agency violate the law, you will
have the necessary documentation to prove it, and perhaps sue them in civil court. If you encounter
difficulty and need to hire a lawyer or file a formal complaint, accurate records are needed to support
your case.
It is recommended that you send a fax and also send a certified copy via the U.S. mail, as well as
standard first class mail with proof of mailing ["certificate of mailing"]. This is necessary because they
may not accept your certified mail, or deny receipt of the fax, but with the standard first class mail, you
have gone the extra mile, and can prove it if necessary.
Print the outline below and use it as a checklist when preparing and mailing your letters.
Step 1: Write the Letter (initial or follow-up dispute, creditor's agreement, or free credit report
request etc.). Consider hand writing your letter but if you type it, be sure to sign it and send the
original to avoid it looking like a form letter.
Step 3: Make 2 copies of your signed letter, and 2 copies of any attachments.
Step 4: Fax the letter and all attachments (keep the fax confirmation sheet for your records)
Step 5: Staple the original attachments to a copy of your letter, and save for your files.
Send original letters but never send original receipts or other original documents!
Step 6: Properly address two envelopes, with the correct return address but, do not put stamps
on them!
Step 7: Staple one set of attachment copies to your original letter, and place in envelope #1.
Step 8: Staple one set of attachment copies to a copy of your original letter, and place in
envelope #2.
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Step 9: Take both letters to the Post Office and follow the mailing instructions.
Mailing Instructions
Envelope # 1
Go to the post office and send it by certified mail with return-receipt requested then, take the
cash receipt stamped with the amount and date and when your certified return receipt arrives
via the mail, save both of these in a file marked "Credit Disputes".
Envelope #2
Go to the post office and have them send it by 1st class mail using a "certificate of mailing"
(proof that it was mailed). Keep the dated/stamped cash receipt and ask for a dated/stamped
"certificate of mailing" (small extra fee) receipt, then save both of these in a file marked "Credit
Disputes".
You should have the following items as proof for each letter you send:
Place all of these in a folder marked "Credit Disputes" and file away in a safe place for at least 15
years. Check the Statue of Limitations to see if you should keep the records longer!
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NCO Financial Systems Agency was a major reason for my low credit score! The bill
collectors at NCO are like pit bulls - once they sink their teeth into you - they aint' letting go! I
tried explaining to them that I worked out a deal with the original creditor. Despite that agreement,
NCO reported a collection/charge off on my credit reports.
It was infuriating to learn that my credit score was damaged because of their stubbornness! On
many occasions I tried explaining that they had no right to be ruining my credit score. I tried
disputing them on my own for months but got nowhere. I was soooo frustrated. I didn’t even know
that there are professional companies out there that could dispute these items on my behalf. After
researching many companies I decided to hire Lexington Law because they had a proven track
record and the free credit consultation I received was so helpful. They told me I had legal rights and
walked me through the process.
Debt collectors use the fact that most people don’t like and want to avoid confrontation. The “best”
debt collectors are the aggressive ones who extract the most money from you. It’s OK – it is human
nature to avoid confrontation. Thus, we tend to want to pay to “get rid of” the most annoying ones
first, right!?
The wrong way to communicate is to be overly friendly and fill awkward silences with pleasing
chatter. If you start getting friendly, these shark collectors will sense weakness and begin closing in
on "the kill." Before you know it, you will have agreed to something totally disagreeable. Worse, you
will have surrendered all your negotiating leverage!
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The right way to negotiate with an NCO debt collector is to remain professional but not overly-
friendly. Limit your communication to written correspondence as it is often the best way to deal with
creditors. Written correspondence is uniquely more powerful than talking on the telephone.
A creditor who receives a formal letter does not know how friendly the author
may or may not be
The creditor does not know if the letter was prepared by you or your attorney
The creditor remains guessing as to whether you will follow through with any of
the formal proceedings hinted at in the letter
Step 2: Determine what you are willing and able to pay. Keep in mind that a
collection agency like NCO typically purchases charged off credit card debt for
.07 (seven) cents on the dollar
Step 3: Make your offer. Make sure you include a clause that forces NCO to
remove any offending collection and bad credit from your credit report. Do not
appear to be in a hurry to settle the debt. Bill collectors can sense this type of
urgency and use it against you. In sum, if NCO learns that you are trying to clean
up your credit to close on a house in the next few weeks, an NCO bill collector
will not give you any discounts!
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NOTICE OF HARRASSMENT
Want a killer letter to scare the collectors away? Here it is…
Creditor
Creditor Address
Dear XXXX:
On October 4, 2002, you received via Certified Mail #XXXXXXXXXXXXX, a NOTICE OF DISPUTE from me
regarding the above account. According to 15 USC § 1666 you are to cease collection of the disputed
amount until verification and validation have been done. What has happened, instead, is an increase of
phone calls to this residence, sometimes up to four calls a day. I consider this to be harassment.
This is your NOTICE that you are to limit all future communication with me in writing ONLY. If I receive
any phone calls from your company, I will consider them to constitute HARRASSMENT. Please be advised
that unwanted phone calls are a Class 1 Misdemeanor in this state and I will file a complaint against the
caller with the Attorney General’s office. I maintain a telephone log of each phone call and in some
cases, make an audio recording when necessary. I permanently record all messages left on voice mail. I
have evidence of over 20 calls from you since you received my NOTICE OF DISPUTE on October 4, 2002.
Beware and be wise.
Be advised that you have the right to remain silent. If you ignore this NOTICE OF HARRASSMENT and
contact me by telephone, you and your employees agree to allow me to make an audio recording of our
conversation and you and your employees agree to allow the recording and any other information
obtained to be used against you and your employees in a court of law. I will accept only your written
communication. Your failure to honor this request may constitute a violation of 15 USC § 1666 and may
result in legal action against you. Govern yourself accordingly.
You should also be aware that making unsubstantiated demands for payment over the phone may, in
this case, be a form of wire fraud. Further, that sending unsubstantiated demands for payment through
the United States Mail System might constitute mail fraud under federal and state laws. You may wish to
consult with a competent legal advisor before your next communication with me.
Sincerely,
XXXX
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Today's Date
Full Name
Current Address
Current Phone Number
Insert Name
and Address of Credit Bureau
I request my name be removed from your marketing lists. Here is the information you require:
DATE OF BIRTH
Sincerely,
Signature
Your Printed Name
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Today's Date
Your Name
Home Address
Phone Number
You'll find my final payment on the above referenced account enclosed. I request written confirmation showing this
account as {paid in full or settled} according to our agreement on {insert date of agreement}. However, should you
choose not you provide me with confirmation, I will use your acceptance of this final payment as proof that you
agree the account is {paid in full or settled}.
Now that this debt is paid, I do not expect to hear from you except to confirm the account is paid. I will consider
any other contact from you or you company as harassment and will immediately report your actions to my State
Attorney General and to the Federal Trade Commission and, if necessary, take whatever legal action is necessary to
protect myself. Finally, I expect you to remove this account and all references to my personal information from
your records.
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Want to get rid of all your junk mail? This is the letter to send! I will list all of the places to mail it, then
you can cut and paste.
Your Name
SSN
Farmingdale, NY 11735<P>
Date:
Please remove my name from your mailing list. According to state and federal laws, this means
you will not be able to send me any mail unless I ask for it.
Sincerely,
Your Signature
Your Name
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Want to get rid of all your junk mail? This is the letter to send!
Your Name
List Compilation
(810) 728-7000
Date:
Please remove my name from your mailing list. According to state and federal laws, this means
you and any of your subscribers will not be able to send me any mail unless I ask for it.
Sincerely,
Your Signature
Your Name
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Want to get rid of all your junk mail? This is the letter to send!
Your Name
Nevada, IA 50201
Date:
Please remove my name from your mailing list. According to state and federal laws, this means
you and any of your subscribers will not be able to send me any mail unless I ask for it.
Sincerely,
Your Signature
Your Name
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(Metromail Corp.)
Want to get rid of all your junk mail? This is the letter to send!
Your Name
Metromail Corp.
List Maintenance
Lincoln, NE 68521
(800) 426-8901
Date:
Please remove my name from your mailing list. According to state and federal laws, this means
you and any of your subscribers will not be able to send me any mail unless I ask for it.
Sincerely,
Your Signature
Your Name
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(Database America)
Want to get rid of all your junk mail? This is the letter to send!
Your Name
Database America
Compilation Dept.
Montvale, NJ 07645
Date:
Please remove my name from your mailing list. According to state and federal laws, this means
you and any of your subscribers will not be able to send me any mail unless I ask for it.
Sincerely,
Your Signature
Your Name
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Want to cut out unwanted telephone solicitations drastically? This is the letter to send!
Your Name
Farmingdale, NY 11735
Date:
Please remove my name from your call list. According to state and federal laws, this means you
or any of your subscribers will not be able to solicit me by phone.
Sincerely,
Your Signature
Your Name
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Request for Credit Report if You Were Turned Down for Credit
By law, if you were denied credit, you have a right to see your credit report within 60 days of the turn down. You
may send a copy of this letter to all 3 bureaus.
A Credit Bureau
6/21/2001
I was recently turned down for a <select one - credit card, mortgage, auto loan>. Under the FCRA, I am
entitled to a free copy of my credit report. I am enclosing a copy of the turn down letter. Please send me
a copy of my credit report.
Enclosed, also please find a photocopy of my driving license, showing my current address, and a
photocopy of my Social Security card.
Please send the credit report as soon as you can. Thank you.
Sincerely,
Signature
Your Name
enclosures
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Today's Date
Full Name
Current Address
Current Phone Number
I am requesting a free copy of my credit report from your organization in accordance with the Fair Credit Reporting
Act, Section 1681j (b) and (c). My qualifying reason(s) is/are (insert one or more of the qualifying reasons from
below)
For example: On {insert date here} I was refused credit by {name of creditor}. I've enclosed a copy of the creditor's
refusal letter.
Please use the following personal information to locate and forward the report to me:
Former Address: {insert previous addresses if you have moved more than once in the last five years)
I've also enclosed copies of my driver's license, {or utility bill} showing my current address, and a photocopy of my
Social Security card. Please do not share my information with any other agency. I look forward to your speedy
reply and if you have any questions concerning this request I can be reached at {insert daytime phone number and
area code). Thank you.
Sincerely,
Signature
Your Printed Name
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Qualifying Criteria: If you have already requested a free report but need another copy, you may
qualify for one if:
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Today's Date
Your Name
Your Address
Collector's Name
Collector's Address
Mr./Ms. Collector,
I am writing in response to your constant phone calls that are in violation of the Fair Debt Collection Practices Act,
specifically:
804(3) - Acquisition of Location Information (15 USC 1692b): Any debt collector communicating with
any person other than the consumer for the purpose of acquiring location information about the consumer
shall not communicate with any such person more than once unless requested to do so by such person or
unless the debt collector reasonably believes that the earlier response of such person is erroneous or
incomplete and that such person now has correct or complete location information.
806(5) - Harassment or Abuse (15 USC 1692d): A debt collector may not engage in any conduct the
natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of
a debt. The following conduct is a violation of this section; “Causing a telephone to ring or engaging any
person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any
person at the called number.”
I have informed you on several occasions that the consumer you are trying to contact does not live at my address, is
not associated with my phone number and that I have no additional location information to provide you. Therefore,
in accordance with section 804(3), I demand that you stop calling me at home, at work, on my cell phone or at any
other location!
Be advised that I am keeping accurate records of all correspondence from you and your company, including tape
recording all phone calls. If you continue calling me, I will consider your actions in violation of section 806(5) and
pursue all available legal actions to stop you from harassing my family and me.
Signature
Your Printed Name
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SOMMERSET PROPERTIES
518-280-6400
www.avoidforeclosureinalbany.com
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Today's Date
Your Name
Your Address
Collector's Name
Collector's Address
Mr./Ms. Collector,
According to the Fair Debt Collection Practices Act, [15 USC 1692c] Section 805(c): CEASING COMMUNICATION:
You must cease all communication with me after being notified in writing that I no longer wish to communicate
with you. Therefore, I demand that you stop calling me at home, at work, on my cell phone or at any other
location!
In accordance with the federal FDCPA, now that you have received this "stop calling" letter, you may only contact
me to inform me that you:
Be advised that I am well aware of my rights! For instance, I know that any future contact by you or your company
violates the FDCPA and that since you already have my location information, calls made by you or your company to
any 3rd party concerning me violates section 805(b)2 of the FDCPA.
Be advised that I am keeping accurate records of all correspondence from you and your company, including tape
recording all phone calls. If you continue calling me I will pursue all available legal actions to stop you from
harassing me and my family.
Signature
Your Printed Name
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Phone Log
Telephone Number:
Fax Number:
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Allied National, Inc. (also known as “Allied National Collection Services,”) was formed in Omaha,
Nebraska in 1987, and the collection agency was called Allied Financial until it changed its name in
1991 and expanded its services to nationwide debt collection. It currently has offices in New York
City, Washington D.C., Miami, Chicago, Omaha, Dallas and Los Angeles.
Other companies might hide their pricing, but Allied National is very upfront about the fees that it
collects for its various services. Their website is good place to learn just how much money debt
collection companies are putting in their pockets. You’ll probably be surprised to learn that fees are
based on the age and type of accounts, as well as the quantity of accounts turned over by a
company and the average dollar amount of the accounts placed. Allied National lists a sliding fee
scale, ranging from 12% of the amount collected (on claims over $30,000) to up to 50% of the
amount collected – and this is for new claims. If claims are over one year past due, even higher fees
apply! This is why you might find them in hot pursuit of you and your old debt.
Allied National handles both commercial and consumer collections, and uses credit bureau
reporting, contracts collection law attorneys, and handles judgment collection and recovery in all 50
states. With their proprietary “FasTrac” prompt payment systems, they promise to send customized
collection letters, bombarding debtors with demand notices in an attempt to collect before accounts
fall farther past due.
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Unfortunately, there’s nothing you can do to stop the constant stream of letters you receive from a
collection agency like Allied National Collection Services, but you CAN stop a collection agency from
contacting you by phone.
Use Your Rights Under The FDCPA to Stop Allied National from Calling You
on the Phone
You can do this by sending a letter to the collection agency requesting that they no longer contact
you by phone (or simply not call at certain times). Allied National may contact you only one more
time to inform you what actions it intends to take in collecting the debt. Be sure to send the letter by
certified mail and request a return receipt. This should stop the phone calls, even though it won’t
stop their collection efforts. In other words, it does not resolve the debt.
Be aware that even if you request no further contact, Allied National may file a lawsuit against you to
collect the debt – though this is less likely with smaller amounts of debt. If they don’t stop contacting
you after you’ve sent letter asking them to cease communication, you should contact an attorney.
Debt collection agencies like Allied National have a well honed strategy for collecting consumer debt,
and you should likewise have a credit collection attorney on your side who knows what you’re facing
and can work with you to find reasonable a solution to your problems with a debt collection agency.
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Cavalry Portfolio Collection Agency, also known as Cavalry Portfolio Services (additional business
names include Cavalry Investments, LLC and First Credit Solution), is headquartered in Hawthorne,
NY and also has offices in Phoenix, AZ, Tulsa, OK and St. Paul, MN.
Headquarters:
Hawthorne, NY
Tulsa, OK
Additional Business Names, according to BBB:
PO Box 1017 PO Box 470937
Cavalry
Hawthorne, NY 10532 Tulsa, OK 74147
Cavalry Investments LLC
866-434-2996 866-898-4109
Calvalry Investments, LLC
Calvalry Portfolio Services
Phoenix, AZ St. Paul, MN First Credit Solutions
PO Box 27288 PO Box 2081
Tempe, AZ 85282 St Paul, MN 55102
http://www.cavalryportfolioservices.com/
800-861-4966 877-266-8815
Mr. Andrew Zaro, President
Mr. Christian Parker, General Counsel
4050 E. Cotton Center
Blvd. #20
Phoenix, AZ 85040
Cavalry Portfolio Services Collection Agency specializes in collecting consumer debt from bank
accounts and bank cards, phone companies (Sprint is a big client), and they also buy junk debt from
other collection agencies. You might just find that you’re the next collections target. If so, take a look
at their Better Business Bureau report so you know the opponent you’re dealing with.
Cavalry Portfolio Collection Agency is not accredited by the Better Business Bureau, and has a D-
rating due to the number of complaints filed against this company, the time it has taken to
resolve the complaints, and the fact that it has not addressed or corrected underlying reasons for the
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complaints. In fact, the Better Business Bureau reports “Cavalry Portfolio Services sends
collection statements to consumers for accounts that either have already been paid or do not
belong to the consumer. Consumers state that their credit reports are being adversely affected
by the false charges.”
You might think that this kind of complaint wouldn’t go unaddressed, but many debt collection
agencies continue their unscrupulous and sometimes even deceitful tactics. This is in blatant
disregard of the Fair Debt Collection Practices Act (FDCPA) which is meant to protect consumer
from unfair practices.
Cavalry Portfolio Services, however, has not completely escaped the consequences of its
unethical collections techniques. The large number of consumer complaints about this debt
collection agency’s practices – notably trying to collect from consumers on debts that were not theirs
– led to a 2007 investigation by the Arizona Department of Financial Institutions. In the meantime,
Cavalry Portfolio Services continued to call people who were not responsible for the debts (and in
some cases had no idea why there were being contacted!), and never addressed this
misidentification of consumers. The Arizona Department of Financial Institutions filed a Cease and
Desist Order against Cavalry in 2008, ordering Cavalry to immediately stop violating Arizona law.
The company agreed to pay a penalty of $15,000 to avoid losing its Arizona Business License. In the
big picture, this punishment is hardly enough to deter it from continuing to use similar deceptive
tactics in other states.
It also is a warning to consumers that Cavalry’s promises of compliance with the Fair Debt Collection
Practices Act (FDCPA) don’t necessarily mean much. Cavalry claims that their “specialists receive
the most updated information and training to ensure our compliance with industry guidelines and
company standards,” and reassures consumers that they are “making a difference one person at a
time.” If you’re at the wrong end of collections efforts, this statement probably seems laughable.
It’s important to know about the backgrounds, practices, and tactics of companies like Cavalry. If
you’re a consumer in debt, the kind of difference a collection agency like Cavalry will make in your
life is not likely to be a positive one.
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Denver, CO 80237
Collect America was founded in 1994 in Denver, Colorado. It’s a collection agency whose collection
efforts rely heavily on technology for results, and they buy delinquent or non-performing debt from
creditors. Their accounts include credit card debt, auto delinquency, consumer loans, bad checks and
medical and commercial debt.
Using Debt Validation to Relieve a Collect America Debt and Improve Your
Credit Score
If Collect America is chasing you about an alleged debt, you must understand that Collect America's
Collection Agency accounts include credit card debt, auto delinquency, consumer loans, bad checks and
medical and commercial debt. Collect America buys “distressed portfolios.”
In other words, Collect America is a “junk debt” buyer. Junk debt buyers purchase old debt from creditors
or other collection agencies for pennies on the dollar – often costing these companies as little as 25 cents
for each $100 in face value. Companies like Collect America make their money by attempting to collect
more than they paid for the debt, and even if they are successful at recovering only a small fraction of the
debt, they make a generous profit.
When the statute of limitations has expired, as is often the case with old debt, Collect America may try to
“re-activate” the accounts by pressuring the consumer to pay at least some small amount on the debt. In
many cases, this can lead to aggressive and even illegal tactics. They could also reactivate an account by
misreporting either the date of last activity on the account or a debt that was already discharged in
bankruptcy. Collection agencies like Collect America might also report the same debt several times on
your credit report, and you’ll see that the same amount appears under the original creditor’s name, that of
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any collection agency handling the account after that, AND as an entry by Collect America! This is a
situation where you should pursue debt validation and know how to dispute items on your credit report.
The first step is to NEVER ACKNOWLEDGE the debt with Collect America until the collection agency
validates the debt. Debt validation can be a useful tool in managing the negative effects to your credit
report. Creditors usually send you a written notice within five days of their first phone communication with
you, and this letter might already contain the debt collection notice. The key to disputing debt through
debt validation is to dispute the debt in writing within 30 days. Any time after this, Collect America
Collection Agency can assume the debt valid and collection efforts will continue.
You must therefore submit a debt validation letter quickly, in writing, and via certified mail, return receipt
requested. In it you can dispute all or a portion of the debt and can request the name of the creditor who
contracted the debt collector or sold the debt. The collection agency must provide proof that it is the
owner of the debt or has been assigned the debt, and must also furnish documentation from the original
creditor, not merely a statement with an amount owed. Now, the advantages of debt validation: IF THE
DEBT COLLECTOR CANNOT VERIFY THE DEBT WITHIN 30 DAYS, THEY MAY NOT CONTINUE
TRYING TO COLLECT THE DEBT AND THEY MAY NOT LIST A COLLECT AMERICA COLLECTION
ON YOUR CREDIT REPORT! If they do list the collection item on your credit report, you can send a copy
of your debt validation letter to the credit bureaus and get the account removed from your credit report.
Just remember, when dealing with junk debt collectors, they have nothing to lose – but you do. Collect
America doesn’t care about alienating a creditor’s former customers, just collecting on the accounts they
now “own.” Debt validation can be an important tool for consumers who are being harassed by junk debt
collection agencies, and may be something to keep in mind if Collect America contacts you.
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Phone: 707) 236-3928, (707) 236-3809, (707) 236-3910 , Web: www.transworldsystems.com, Mr.
Steve Richards, President
GreenFlag Profit Recovery and Your Credit Report: Know Where You
Stand
Unlike most other consumer collection agencies, GreenFlag Profit Recovery offers a very comprehensive
description of the services it offers – and reveals specific details of its collection strategies. Researching
the company you’re dealing with and being informed about its unique approach to debt collecting is an
important first step in being prepared to negotiate when a debt collector contacts you.
GreenFlag Profit Recovery has been in business since 1970, and they perform collection services for
“virtually any organization that accepts checks or extends credit.” This includes banks, small businesses,
retailers, hospitals, universities, manufacturers and cities, including many Fortune 500 companies. They
also claim to have the highest recovery rate in the industry – which is a clear sign to consumers that
negotiating with GreenFlag could prove very challenging.
No matter what state you’re in, if you’re behind on debt payments you could be contacted by GreenFlag;
they’re licensed to collect in every state and have more than 100 locations nationwide. They employ a
variety of collection techniques, but say they’re unique in that they work with accounts in the early state of
collections – when they’re more likely to still be collectible. They also say they use a “diplomatic
approach” to avoid alienating current customers, but you’ll probably disagree. This is from their
perspective, not yours.
Sometimes you may not even know that a third-party debt collection agency like GreenFlag has taken
over your account until you notice a “collection” notice on your credit report. If you see an entry like this, it
usually means that a creditor has handed over your delinquent debt to a third-party debt collector to help
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them collect what is owed. Unfortunately, having a “collection” notice from GreenFlag Profit or Transworld
Systems on your credit report can have a seriously negative impact on your credit. This tells other credit
issuers that you have become significantly delinquent in making payments to a creditor, and might mean
future credit cards and loan applications will be denied. This is particularly likely when it is a recent entry
or one that remains on your credit report because you have not repaid the debt.
How much a collection notice affects your credit score depends both on what your credit score was
before the collection entry appeared, how long it has been on your report, and whether or not you have
paid it off. Your score will gradually improve over time if you pay off the debt marked for collection and
continue to make your other payments on time. Before you start making payments, however, make sure
you verify that it is a legitimate debt, and contact the collection agency and the original debtor right away
if it is not your debt. If you find yourself in a situation where a collection agency like GreenFlag Profit
Recovery is harassing you over a debt that’s not yours, consider getting in touch with an attorney who
can help.
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I.C. System (Intelligent Collections) is a collection agency founded in 1938 with corporate
headquarters in St. Paul, Minnesota and a branch office in Fargo, North Dakota. It employs more
than 1,000 people in its debt collection services departments, which focus on consumer and
commercial collections, early-out, pre-collections, “locate and cure” programs, and charge-off
collections. Among its bag of tricks for “receivables management” are credit reporting, skip tracing,
and litigation and non-litigation attorney referral.
Whether acting as a first-party collector or offering third party write-off services, debt collection is an
enormously profitable industry - all at the consumer's expense. There are several ways third-party
collection agencies make money. Often they work on commission, and receive a percentage of any
amount of debt they successfully collect. Agencies may also purchase large groups of bad debts for
only a small percentage of their face value (what is actually owed). When debt is sold, the debtor no
longer owes the amount to the creditor; he or she owes the full amount of the debt to the purchaser.
When collection agencies purchase debt for a tiny fraction of their face value they stand to make an
enormous profit on the difference between the purchase price of the loan and the amount actually
collected.
This is a concept that you must keep in mind when negotiating with I.C. System debt collection
agency.
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I.C. Systems has over 30,000 clients in almost every industry, and in advertising their services claim
that none of their clients has ever had to pay a legal judgment based on their practices. This could
indicate a higher level of fair and ethical practices employed by I.C. systems, as compared with other
collection agencies, but even if you are dealing with a more reputable collection agency, you should
know your rights under the federal Fair Debt Collection Practices Act (FDCPA).
The FDCPA is enforced by the Federal Trade Commission (FTC) and prohibits abusive collections
tactics that invade your privacy or could be considered harassment. Collectors are not allowed to
make threats or use abusive language, involve third parties or discuss your account with anyone
else. These practices are illegal, and if you’re in a situation where I.C. Systems is violating the
FDCPA, you should contact an attorney who assists victims of the unethical practices of debt
collectors.
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When you’re contacted by a collection agency it can sometimes be tricky to determine what
company you’re actual dealing with. In order to avoid consumer calls (most collection agencies
would prefer communication on their OWN terms), some companies operate under several different
names and addresses.
Phone Number
1-888-665-0374
http://www.lvnvfunding.com
www.resurgent.com
www.rcap.com
AskCompliance@Resurgent.com
Who Is LVNV Funding Collection LLC?
In order to avoid consumer calls (most collection agencies would prefer communication on their
OWN terms), some companies operate under several different names and addresses. This can
make it difficult to figure out if a company is a subsidiary, a partnering company, or a completely
unrelated entity! The Internet is full of questions that start with “How can I find the phone number for
______________?” (Fill in the blank with the name of any of hundreds of consumer collection
agencies in the U.S.).
LVNV Collection Agency is a prime example of one of these cases of mysterious identity. It was
formerly doing business as Alegis, Sherman Financial and Sherman Acquisition, but no longer uses
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those names on account information as of July 1, 2005. So this makes things clearer, right? Well,
not really. It’s also known as LVNV Funding and Resurgent Capital Services, LP. A little more
digging reveals that Resurgent Capital Services (Resurgent) manages and services consumer debt
portfolios for LVNV – and this is probably the name you’ll hear when you find yourself on the phone
with a debt collector from this company.
Resurgent Capital Services began operations in 1998 and is located in Greenville, South Carolina,
with additional offices Cincinnati, Ohio and Sioux Falls, South Dakota. Resurgent manages and
services domestic and international consumer debt portfolios, working for credit grantors and debt
buyers and purchasing domestic and international debt from credit grantors including finance
companies, banks and other debt buyers. Their accounts include performing accounts as well as
sub- and non-performing accounts, unsecured accounts and secured accounts. While Resurgent
attempts to collect many of these accounts directly, it also outsources collection to a network of
independently owned collection agencies and law firms, acting as a coordinator for debt collection in
many cases.
One thing that makes Resurgent Capital Services stand apart from other debt collection agencies is
that it is BBB Accredited and has been a member of the Better Business Bureau of Upstate South
Carolina since May 2000. This means they are associated with more transparency, accountability
(and perhaps even honesty) than other collection agencies. That said, it could be confusing when
LVNV appears on your credit report or a letter from a collection agency. This is one reason that it’s
not only important to learn how to deal with a collection agency – but to find out WHO you’re dealing
with!
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If you are looking to either: (a) settle a debt with the Midland Credit Management Collection Agency
(also known as "MCM") or (b) looking to remove an MCM collection mark from your credit report,
and/or (c) tips and strategies to get the upper hand in debt negotiation, then you are in the right
place. Below we listed powerful strategies, information, and helpful tips for dealing with the MCM
collection agency.
First, remain professional. Losing your temper will not help you gain the upper hand. Second,
do nottry to befriend the bill collector. Your tone and manner will go a long way in favorably resolving
a debt. Striking a balance between authoritative and professional is best.
Second, Do your homework. Has the statute of limitations expired on the debt? Can the collector
even verify the debt (i.e. have you conducted debt validation?) Has the debt already been passed
around to various collection agencies before being sold to MCM? Any of the above scenarios will
likely devalue the debt and mitigate the amount they expect to collect.
Third Communicate your offer by mail. Bill collectors are professional hustlers. They spend hours
each day training, manipulating, persuading, harassing, and sadly, often conning, debtors into
paying debts of questionable legitimacy. Why not limit your communication to writing where you
control when and how you discuss your position? Plus, written communication makes it much easier
to document a paper trail and dissuades bill collectors from trying questionable collection tactics.
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Thus, next time a bill collector calls, you can simply state these words: "I prefer any further
communication be in writing." (You may also want to follow-up a written statement to the same
effect.)
Remember, the bill collector does NOT share your same goals. He could care less about the
accuracy of your credit reports. He does not care about whether you disputed the accuracy of the
debt. In fact, if you say anything other than "how can I pay you?" the collector probably views you as
a waste of time. In other words, he will only be satisfied if he makes a commission - even if it means
you go without food until your next paycheck!
In sum, dealing with aggressive bill collectors is like a high-stakes poker match. It is crucial
that you maintain your 'poker face.' Being overly chatty and saying too much to a bill
collector is the equivalent of "showing your hand" in the middle of the game.
Who Is the Midland Credit Management/Midland Funding LLC?
Midland Credit Management is a large collection agency who has grown in size due to creating
contacts with large lenders of consumer debt. Among its business contracts are Providian, also
known as Washington Mutual or Wamu, and Beneficial - a large subprime lender who specializes in
securing high interest personal loans with home equity. MCM typically purchases debt from these
lending giants and then pursues collection efforts by way of telephone calls, dunning letters,
settlement offers, threats of "further action" and the list goes on and on.
Often, Midland Credit has purchased a debt that was long ago charged off and sent to multiple third-
party collection agencies. If Midland is trying to collect credit card debt that was charged off, you
should be especially wary about making a payment or arrangements to pay over the phone because
the statute of limitations (SOL) may have expired on the debt. Paying an old collection beyond the
SOL can re-instate your legal right to pay the debt. In other words, a cunning bill collector may get
you to agree to pay a debt or even make a small payment, which re-starts the clock and takes you
back to day one!
How Midland Credit Management Will Ruin Your Credit History - As a debt
buyer, MCM will report a derogatory mark on your credit report. This is just another tactic they use to
pressure you into paying down a questionable debt. A collection or charged off debt on your credit
report will damage your credit score and could prevent you from getting approved for new credit
such as a new home, car, credit card, personal loan, etc.
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You arrived at the right place. Below you should discover all the facts and information you need to
stop the collection calls, negotiate for a better credit rating, and improve your credit score.
Palisades Collection LLC is a large collection agency which collects consumer debt that is late or
has been charged off by the original creditor. Palisades Collection either purchases past due debts
from original creditors or alternatively, contracts to collect a debt on behalf of a third-party.
Palisades buys and/or contracts to collect a debt on behalf of original creditors such as a cell phone
provider or credit card company. For example, Palisades Collection purchases deficiency auto loan
repossession accounts from Nissan Motor Acceptance Corporation. Palisades Collection then tries
to collect the balance owed on the debt often racking up additional interest and fees over and above
the balance when Palisades acquired the debt. Palisades has been associated with collecting debts
owned or previously owned by AT&T, Nissan Motor Acceptance Corp., Citi Bank, Providian - also
known as Washington Mutual.
Phone Numbers
1-866-230-8094 or 1-800-991-9367
*you will be prompted to enter your social security number.
Fax: (610)-866-6586
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Credit Magic
How to Handle a Phone Call from a Palisades Bill Collector
First, remain professional but not overly-friendly. Second, do not act like the creditor's friend and
resist the urge to fill awkward silences with pleasing chatter.
Remember, the bill collector does NOT share your same goals. He does not care about the
accuracy of your credit reports, he does not care about whether you disputed the accuracy of the
debt. In fact, if you say anything other than "how can I pay you?" the collector probably views you a
simply a waste of his time.
That is why a professional credit correction attorney will tell you that written correspondence is the
best way to deal with creditors. Written correspondence are uniquely more powerful than words.
Specifically, (a) a creditor who receives a formal letter does not know how friendly the author may or
may not be (b) the creditor does not know if the letter was prepared by your attorney and finally (c)
the creditor remains guessing as to whether you will follow through with any of the formal
proceedings hinted at in the letter.
In sum, dealing with aggressive bill collectors is like a high-stakes poker match. It is crucial
that you maintain your 'poker face.' Being overly chatty and saying too much to a bill
collector is the equivalent of "showing your hand" in the middle of the game.
Recent Lawsuits Filed Against Palisades Collection Agency
Hernandez v. Palisades Collection LLC (Connecticut District Court, Sept. 29, 2008) - plaintiff
alleged violations of the Fair Debt Collection Practices Act (FDCPA), Connecticut Unfair Trade
Practices Act, and Consumer Collection Agency Act (CCAA).
Zenon v. Palisades Collection, LLC (Miami, FL District Court, Feb. 21, 2008) - plaintiff alleged
unfair and deceptive debt collection practices act claiming that Palisades attempted to collect a
debt already paid, reporting the debt to credit bureau agencies, and failing to disclose the debt
was in dispute.
Bass v. Palisades Collections, LLC (New Jersey District Court, Sept. 26, 2008) - plaintiff alleged
violations of the Fair Debt Collection Practices Act because Palisades attempted to collect a
debt owed to At&t when the debt had been incurred by identity theft.
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Rapid Recovery Solutions is an attorney-based debt collection company in New York whose name
describes its specialty – rapid recovery.
Phone Number
(866) 944-8610
Fax: (631) 963-3928
http://www.rapidrecoverysolution.com/
email: info@rapidrecoverysolution.com
It uses high pressure collection techniques to collect debt as quickly as possible. They even promise
to contact a debtor within 30 minutes of receiving the account! This is followed by reporting
delinquent accounts to credit bureaus after only 45 days, and if debts are not collected after 90 days,
they hand the accounts directly to debt collection attorneys! With their intimidating slogan, “We don’t
give up until you get paid!” – this meant for prospective creditor clients, not you – you can be fairly
sure that your experience with a collection agency like Rapid Recovery Solutions is not going to be a
pleasant one.
You should know the basics when it comes to communicating with a debt collector who’s determined
to collect a debt and earn commission. When you’re dealing with a debt collector, first keep in mind
that while you’re most likely NOT a professional negotiator, you’re talking to someone who does this
for a living. The first step towards preventing the debt collector from gaining an upper had is to know
your rights.
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Debt collectors are required by law to “play fair” under the 1977 Fair Debt Collection Practices Act
(FDCPA), and chances are they’ll be more likely to do this if they know that you’re aware of your
rights. Keep a record of all your conversations (date, time, person you spoke with, subject of
conversation), and keep all your written correspondence in a file for quick reference. In 35 states it’s
even legal to secretly tape phone conversations. In the other 15, you can tape with the other party’s
permission, and this permission is implied if they continue to talk after you’ve informed them that
they are being recorded. If you need to prove a violation of the FDCPA, this will be invaluable
documentation.
Don’t let a debt collector from Rapid Recovery Solutions convince you to pay off bills like credit cards
before you have your other monthly necessities covered, and never provide more information than
the collector needs to know. No matter how persuasive they may be or how much pressure they
exert, don’t give extra personal information, such as your bank account information. Any information
obtained by a debt collector may be used to collect the debt, and even re-start the statute of
limitations on an old debt.
Get everything you can in writing, especially if you’ve made arrangements on a settlement or have
negotiated a payment agreement. Outline this in a letter, sent certified mail, return receipt requested,
and keep a copy for your own record. If you pay by check, add this note to the memo line: “Cashing
this check constitutes payment in full.”
Take your time so you can think things through and make rational decisions rather than succumbing
to pressure. This means doing most of the negotiations in writing and waiting until you have a
payment agreement, also in writing. Perhaps the best tip is to keep your cool. The more you sound
like you’re in control, the more likely you are to turn the negotiation with Rapid Recovery Solutions in
your favor.
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http://mbllc.com
Note:Wolpoff and Abramson merged with two other collections law firms: Mann-Bracken LLC
(Atlanta, GA) and Eskanos and Adler, P.C. (Concord, CA), and now operates under the name Mann
Bracken. Mann Bracken has since formed a partnership with a “servicing partner,” Axiant, a national
debt collection agency.
Wolpoff and Abramson Collection Agency has long had the reputation of being one of the largest
U.S. law firms specializing in collections, with multiple offices in different regions and its hand in
many different businesses. Wolpoff and Abramson is law firm that practices debt collection and it
has offices in Maryland, Pennsylvania, and California. It is not accredited by the BBB and in fact its
Maryland office has an F rating with this organization, earned by the number of complaints that have
been filed against it, mostly unresolved. It isn’t, however, collecting under this name anymore.
In late 2008 Wolpoff and Abramson merged with two other collections law firms: Mann-Bracken LLC
(Atlanta, GA) that proclaims it “pioneered” the use of arbitration in collection attempts, and Eskanos
and Adler, P.C. (Concord, CA). The new name of this entity is Mann Bracken, and if you had a debt
previously handled by Wolpoff and Abramson, this is the name to look out for.
Mann-Bracken brought to the merger its specialty of filing arbitration claims through the National
Arbitration Forum. Cases that go through this forum are resolved in favor of the consumer in less
than 5% of all instances, and when the judgment favors the collection agency the consumer is
responsible for paying attorneys fees and other costs. In other words, arbitration is a moneymaker
for collection agencies and Mann Bracken is good at it.
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Mann Bracken became even stronger and gained a broader reach when it formed a strategic
alliance with Axiant, a national debt collection agency, merging what Axiant claims are “3 of the top 5
law firms specializing in the practice of collections.” Mann Braken’s self-described “unmatched depth
and breadth of experience in the legal collections field” means one thing if you’re a consumer owing
debt: watch out – this could be a formidable company to negotiate with.
Mann Bracken represents creditors in the collection of consumer debt, and practices law in 24 states
and Washington D.C., as well as maintains a national network of associated firms. This means the
team of Mann Bracken and Axiant, its “servicing partner,” have access to almost all debt collection
techniques available, from telephone call center collection efforts (pre-charge-off and post-charge-
off), to national arbitration services, to litigation services by Mann Bracken attorneys, skip trace and
asset location techniques, and post-judgment collections. They handle collections accounts for
almost any type of debt imaginable, including credit cards, car loans, installment loans, 2 nd
mortgages and home equity lines of credit, student loans, medical debt and small business loans.
If you’re behind in your payments, this could mean there’s a very good chance that one of these
days you’ll get a call from Mann Bracken . . .or is that Wolpoff and Abramson . . .or Axiant?
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