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By Kathy Gurchiek
The Salt Lake Tribune
Your car is kaput. Your bills are mounting -- maybe even late -- and
a black cloud hangs over your credit. You are desperate to buy a car
or house, but that requires good credit.
Your panic can make you a prize victim of unscrupulous credit repair
companies, says John Ventura, author of The Credit Repair Kit (Dearborn
Trade Publishing, $18.95).
Unlike companies that consolidate consumers' bills and handle bill payment,
credit repair companies help consumers resolve problems with their credit
records and rebuild their credit.
Do not succumb to the temptation to hire such a company, says Lester
A. Perry, an attorney at the Salt Lake City firm of Hoole & King.
Although not prevalent, unscrupulous credit repair companies exist in
Utah, he says, and it is better to handle credit repair yourself.
Start by obtaining a copy of your credit report from one of the three
national credit bureaus -- Equifax, Experian and TransUnion -- to clear
up inaccuracies and see where you need to improve your credit score.
There is a fee for the report, although exceptions are made in some
circumstances.
"[Consumers] have to be the ones to do the work," says Judson
Pitts, also of Hoole & Kings. They have more power than they realize.
Under the law, for example, credit bureaus do not have to respond to
attorneys challenging credit report inaccuracies, he says, but they
must respond to the consumer.
Consumers need to understand rebuilding credit takes time, Ventura says.
"There is a legal path to credit rebuilding. What [some people
are] looking for is a quick fix, and there's a multitude of people out
there willing to tell them they can fix [their poor credit] immediately
for money."
For those who feel they need a credit repair company's help, Ventura
advises watching for red flags:
* A company suggests "file segregation." The consumer is asked
to use something other than a Social Security number to create a new
identity as a way to obtain credit or a loan, Ventura points out.
"It's an attempt to try to fool the credit bureau's file and make
them think you're a completely different person."
* A company asks for payment before services are render- ed or makes
extravagant promises, such as wiping out bankruptcy from your credit
report. A legitimate debt cannot be removed from a credit report with
the snap of a finger, says Pitts, and a bankruptcy may stay on your
record for 12-16 years.
* A company tactic is to abuse a part of the Fair Credit Reporting Act.
The law allows consumers to challenge any information in their credit
report they think is inaccurate; if a credit bureau cannot verify within
30 days whether the disputed information is correct it must immediately
delete the information, Ventura says.
Some firms inundate credit bureaus with repeated and numerous challenges
whether the information is accurate or not. These companies do not tell
consumers that by challenging everything, "credit bureaus can ignore
[the challenge] and will ignore it," Ventura says.
* A company does not provide a three-day cancelation period before it
begins providing its services.
* A company does not tell consumers they can do their own credit repair.
kgurchiek@sltrib.com
If you are victimized by a credit repair company . . .
* Contact the Utah Division of Consumer Protection at 530-6601, http://www.consumerprotection.utah.gov
or http://www.dcp.utah.gov.
* Consumers also may contact the National Association of Consumer Advocates
at http://www.naca.net or 202-452-1989. The nonprofit clearinghouse
provides names of attorneys in your state who have experience prosecuting
credit repair firms.
* Another source is the National Consumer Law Center at http://www.consumerlaw.org
or 617-542-8010.
-- If you are a victim of an unscrupulous credit repair company ...
Contact the Utah Division of Consumer Protection at 530-6601, www.consumerprotrection.utah.gov
or www.dcp.utah.gov.
Consumers also may contact the National Association of Consumer Advocates
at http://www.naca.net or (202) 452-1989. The nonprofit clearinghouse
provides names of attorneys in your state who have experience prosecuting
credit repair firms.
Another source is the National Consumer Law Center at http://www.consumerlaw.org
or (617) 542-8010.
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