Credit Clinic

FAQs

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CREDIT

 

IMPORTANT WEBSITES AND CONTACTS

The seven year rule

Q.         Can a debt collector collect a debt that has remained unpaid for more than 7 years?

A.            Yes, so long as the statute of limitations has not run out.  Contact a private attorney or the Legal Services Corporation 302-575-0408 to see if you income qualify for their services for Delaware’s statute of limitations on debt collections.

Q.         The seven-year statute applies to which debts?

A.            The following negative history should not be in your credit report after seven years have passed:

  • Paid tax liens;
  • Accounts placed for collection or written off as a bad debt;
  • Any other unfavorable information more than seven years old.

Ten year rule applies to:

  • Bankruptcies; 

Special rule for lawsuits and judgments:

  • Lawsuits and judgments will be removed from your credit report after seven years or until the statute of limitations has expired, whichever is longer;
Q.         When does the seven-year (plus 180 day) clock start ticking?
  • From the date when you first missed your regular payment on the debt. The Seven Year Period: Congress intended to establish a date certain – 180 days after the start of the delinquency that led to charge off to begin the obsolescence period. Effective Date: 455 days after the date of enactment of Consumer Credit Reform Act of 1996 or December 29, 1997.
Q.         Can a debt collector re-age my account?

A.            No. Re-aging means that the collector reports the debt as becoming delinquent on the date it acquires the debt. 

Q.         If the debt collector re-aged my account, what do I do?

A.            DISPUTE with the credit bureaus AND debt collectors.  Ask for validation. 

Q.         What if I don’t remember what this old collection account is all about?

A.            Ask for validation.  In other words, ask (in writing) the collection agency to prove that it owns this debt. 

Sample letter regarding removing your seven-year delinquent debt

Name:___________________
Address: _________________
Telephone: _______________

Date:_________________

To:
Equifax Credit Information Services, Inc., PO Box 740241, Atlanta, GA  30374
OR/AND
TransUnion LLC, PO Box 1000, Chester, PA  19022
OR/AND
Experian, PO Box 2002, Allen, TX  75013

RE: My Social Security Number: ______________________
Dear Sir/Madam:
I am writing to have the following information removed from my credit report. Upon updating my credit file, please forward me my complete, fair, and accurate credit report.  Please send me the names, business addresses, and day time telephone number of each individual with whom you verified these accounts so that I may follow-up with them.
I have attached a copy of my credit report and have circled each such information.  Against each such information I have made a notation (ex. Item #1, Item # 2, etc.) for your reference.
Item #: 1

  • Original Creditor: _________  (name)
  • Original delinquency: _____________ (date)

As you can see, the delinquency is seven years old.  This item is old and obsolete under 15 U.S.C. Section 1681c.  Please remove it from my credit report.
Item # 2

  • Reported debt collector: ____________ (name)
  • Reported delinquency: ______________ (date)

The debt collector is attempting to collect the debt that is referenced in Item # 1. old and obsolete under 15 U.S.C. Section 1681c

Sincerely,

Enclosures: List all items you are enclosing

Q.  How do I build good credit?

A.  Pay all bills on time and use only about 30% of available credit.

Q. How do I get my free credit report annually?

A.  Under the Fair and Accurate Credit Reporting Act go to www.annualcreditreport.com

Q.   How can I get my free credit score?

A.   www.creditkarma.com

Q.    What is a FICO score?
A.    The FICO Score (300-850) is created by Fair, Isaac and company to determine your credit risk.

Q.          How is my Credit Score compiled?
A.           35% on your payment history, 30% on amount already owed, 15% on length of credit history, 10% on new credit, 10% on type of credit.

Q.            Should I pay my Credit card bills in full each month?
A.            Yes.  If you cannot pay the bill in full, please pay at least pay more than the minimum. Don’t pay just the minimum.  Read your bill carefully.  It tells you what happens if you pay the minimum.

Q.            Where can I get some help with debt reduction planning?
A.            Visit http://cgi.money.cnn.com/tools/debtplanner/debtplanner.jsp for help with planning.

Q.            How do I reach my Credit Bureaus?
A.            Experian 888-397-3742, Equifax 800-685-1111, Trans Union 800-916-8800

Q.            What reports should I order annually?
A.            Credit Reports annually at www.annualcreditreport.com  or 1-877-322-8228, Employment Background Check/ Homeowners and Auto Insurance Claims at www.choicetrust.com   1-866-312-8076, MIB-Consumer’s Medical Condition at http://www.mib.com/html/request_your_record.html    1-866-692-6901
Unlawful Detainer Registry (Residential/tenant history) at www.choicetrust.com  or 1-877-448-5732, ChexSystems at www.consumerdebit.com  or 1-800-428-9623

Q.            How long does bad credit remain on my credit account?
A.           

Civil Judgment –7 years
Unpaid tax liens - Indefinite
Other derogatory- 7 years old
Paid tax liens—7 years from date paid
Chapter 7, 11- 10 years
Chapter 13, 10 years
Chapter 13 dismissal/discharges – 7 years
Bankruptcies voluntarily dismissed -7 years

Q.         When may someone look at my entire un-purged credit history?

A.            If you are plying for Credit over $150,000, Insurance over $150,000, Job more than $75,000/year

Q.            How do I correct errors on my credit report?
A.           

Write + Send documentation—duplicates not originals
If bureau made mistake, it must
Correct it,
Notify all other credit bureaus,
Notify those who looked at credit report in past 6 months—REQUEST IT
Bureau has 30 days to reply and send corrected credit report

Q.            If I am a victim of Identity Theft, what should I do?
A.             

File a police report with the Financial Crimes Unit.
Contact the fraud departments and have a fraud alert placed on your credit file:
· Equifax              1-800-525-6285
· Experian           1-888-397-3742
· TransUnion     1-800-680-7289
Order Credit Reports:
· Equifax              1-800-685-1111
· Experian           1-888-397-3742
· TransUnion     1-800-916-8800
Open new accounts etc. Insist on password only access to your account.
Contact/Inform the following in Delaware:
· SSA                     1-800-772-1213
· FTC                     1-877-ID-THEFT
· IRS                       1-877-777-4778
· DE DMV            1-302-434-3200

Q.            Can you tell me the different consumer bankruptcies available to me?
A.           

Chapter 7 -> liquidation--No debts to repay
Chapter 13 -> reorganization--Sort of debt consolidation, Keep assets

Q.            What is the Equal Credit Opportunity Act?
A.           

It is non-discriminatory law that prohibits discrimination in lending on the basis of
Race, gender, marital status, age (no loans to under 18 unless an emancipated adult), national origin, religion, source of income, prior exercise of consumer protection rights. The law also requires a 30 day letter to notify you whether you were approved or denied & if denied, the reason for denial.

Q.         What is the Fair Debt Collection Practices Act?

A.            The law prohibits the Debt Collector from
Harassing
Using obscene/profane language
Threaten violence or harm
Deposit check prematurely
Deceive you into accepting their call
Take or threaten action they cannot take

The law requires that Debt Collector does not contact you
Before 8 am & after 9 pm
If you write to them
If you have an attorney and collector is notified of it

The law requires the Debt Collector to provide written notice to include amount & creditor within 5 days of 1st contact

If debt not yours, write within 30 days

Q.         What is the Truth-in-Lending Act?

A.            The law requires lenders to disclose:
Amount financed
Total Finance charges
Annual Percentage Rate
Total Payments after all payments made

Q.         What is the Fair Credit Billing Act?

A.           

If there are unauthorized charges—your liability is limited to $50
Gives you the right to write/document to Billing Inquiries
Send certified mail within 60 days after first billing error
Lender must acknowledge within 30 days of receipt
Must resolve within two billing cycles
During dispute
Continue making payment
Lender prohibited from beginning collections
If you are right lender must notify in writing, correct it
If you are wrong you must pay

Q.         What is the Fair and Accurate Credit Reporting Act?

A.           

Gives you the right to your annual free credit report.
It also gives you the right to correct information reported in your credit report
Write to the Credit Bureau & Lender “Disputing _________”
Bureau must investigate within 30 days
Bureau must write to you about their investigation plus provide you a credit report if it has changed
The disputed debt cannot reappear unless you are notified in writing.
Gives you the right to include a 100 word consumer statement in your credit report.

 


 

Quick Look at What's Happening at DCRAC

DCRAC's comments on Fed approval of Capital One-ING Direct merger

Delaware Attorney General Beau Biden Signs on to Settlement Deal

The News Journal's Delaware Inc. quotes from DCRAC's letter to AG Beau Biden on mortgage settlement deal.

Public Housing notice in Newark, Delaware.

The News Journal prints DCRAC's "Delaware Voice" essay on Capital One merger with Ing Direct.

DCRAC releases letter of support for Delaware Attorney General Beau Biden.

DCRAC statement on DE Bank Commissioner's Cap One - ING decision: "We place the City of Wilmington and the Delaware Economic Development Office on notice to keep their calculators ready. Six months after the merger is consummated, we will ask them for a public accounting with regards to all the jobs that have been created and services provided to our communities here in Delaware by Capitol One."

Rashmi is quoted in News Journal on Mortgage Deal

John Taylor from Content Delaware interviews Rashmi Rangan

Check out these January Fair Housing Training Events

Rashmi Rangan quoted in News Journal editorial about Cordray Appointment

Rashmi Rangan: Richard Cordray Appointment Victory for Consumers

Join Rashmi Rangan for Ignite Wilmington, Nov. 30th at 7:00 pm at World Cafe Live at the Queen. Go to www.ignitewilmington.com.

Hoy en Delaware features a letter from Rashmi Rangan, Jim Angus and Rony Peralta on the Sussex County Today and Tomorrow Conference at Del Tech.

Rashmi wrote a letter to the DE Sec of Labor and pointed to the agreement reached in VA.

Good news last week in Norfolk, Virginia on the issue of worker wages. Check out the agreement between the VA Sec. of Labor and the Mexican Consulate in DC.

DCRAC's November 2 letter to the bank commissioner regarding the Capital One-ING Direct merger.

This is the cooperative agreement proposed by DCRAC for the Capital One-ING Direct merger.

Here is Rashmi Rangan's testimony from the October 27 Capital One - ING Direct bank commissioner hearing.

Eve Tahmincioglu from Delaware First Media looks at Stepping Stones FCU and the role credit unions have played in low income areas.

Here is a story about our CRA Leadership Award in the Community Pub

The Seaford Star has an interview with CRA Leadership Award winner Amy Walls

WHYY's Newsworks posted a story on U.S. Rep John Carney's visit to DCRAC as he learned about our mission and Stepping Stones FCU.

The Cape Gazette printed a nice profile of Amy Walls, DCRAC's 2011 CRA Leadership Award winner

WHYY's Newsworks has a good story on "Celebrate CRA 2011" and "Stepping Stones FCU"

The News Journal's Rhonda B. Graham highlights Stepping Stones FCU as a sign of hope in Wilmington.

The News Journal's Eric Ruth reports on the creation of Stepping Stones FCU

NCUA Grants Charter for Stepping Stones Federal Credit Union

Rashmi Rangan's detailed comments on Capital One-ING Direct merger to Federal Reserve

Rashmi Rangan's testimony at Capital One-ING Direct Public Meeting

DCRAC interview with Housing Clinic Director, Carlos Herrera

DCRAC welcomes our partners to the 15th annual Celebrate CRA

Rashmi Rangan's op-ed on Dodd-Frank and Consumer Protection Bureau

DCRAC seeks Credit Clinic Director

DCRAC comments on Capital One/ING

View DCRAC's Upcoming Events

Looking for Scholarship Opportunities

Looking for Employment

New Journal's Eric Ruth Quotes Rashmi Rangan on Capital One-ING Direct Merger

News Journal story on family's struggle in foreclosure crisis

News Journal story on Fed approval of M&T - Wilmington Trust merger quotes DCRAC

WHYY features DCRAC in: "Fighting Foreclosures" http://video.whyy.org/video/1780751388/

WHYY interviews Rashmi Rangan on Fed forclosure report

News Journal report on M&T Bank and Wilmington Trust merger hearing

Rashmi Rangan's Public Testimony M&T/WT merger hearing

Delaware CRA Contacts:

 

Key Contact Information: