If you have been denied credit because of information supplied by one of the credit reporting agencies, the Fair Credit Reporting Act says that the company who has denied you must supply you with the name, address and telephone number of the credit reporting agency.  If you contact the agency for a copy of your credit report within 60 days of receiving a denial notice, the report is free.  In addition, you are entitled to one free copy of your credit report each year which can be obtained at www.annualcreditreport.com.

If you simply want to obtain a copy of your credit report, you may do so by contacting all or one of the three major credit bureaus.  These bureaus are as follows:

Experian – 888-397-3742
Equifax – 800-685-1111
TransUnion – 800-916-8800

There may be a fee for the report which is usually approximately $9.00 per copy.

If there are errors on the report, under Fair Credit Reporting Act, both the credit bureau and the organization that provides the information such as a credit card company or other credit provider have responsibilities for correcting inaccurate or incomplete information in your report.  If the information is incorrect, you should immediately contact both the credit reporting bureau as well as the person who provided the information.  In that instance, you should contact the credit bureau in writing outlining the information you believe is inaccurate.  You should include copies of documents that support your position.  In addition to providing your complete name and address, the letter should clearly identify the items that are being disputed with a clear explanation as to why the information is inaccurate and the changes that you are requesting.  It is wise to include a copy of the report with sample notations regarding the suggested changes.  Your letter should be sent by certified mail, return receipt requested so you can document receipt.  It is important that you retain a copy of the dispute letter as well as proof of receipt and any enclosures.  Under the Fair Credit Reporting Act, the credit reporting agency must investigate any questions within 30 days unless they consider your dispute frivolous.  Also, they must forward the relevant data you provided about the dispute to the provider of the information.  After the information is provided, they must investigate, review all relevant information provided by the credit reporting agency and report the results to the credit reporting agency.  If the information provider finds the disputed information to be inaccurate, they must notify all credit bureaus (not only the one investigating the matter) so that they can correct the information in your file.  Disputed information that cannot be verified must be deleted from your file.

If in fact your credit report was erroneous, the information must be corrected. If an item is incomplete, it must be completed.  When the investigation is complete, the credit reporting agency must give you written results and a free copy of your report, if the dispute results in changes to the report.  If an item is changed or removed, the credit reporting agency cannot put the disputed information back in your file unless the information provider verifies its accuracy and completeness and then the credit report agency will give you written notice that includes the name, address and phone number of the provider.  In addition, you may have the credit reporting agency send notices of corrections to anyone who received your report in the last six months or potential employers who have received a report in the last two years.  If the investigation does not resolve your dispute, you may ask the credit reporting agency to include your statement of dispute in your file with future requests for credit reports.

When negative information is in your credit report which is accurate, only the passage of time can assure its removal.  Accurate negative information will generally stay on your report at least seven years.  There are certain exceptions – information about certain items such as criminal activity and bankruptcy may be reported for 10 years.  Criminal convictions can be reported without any time limit.

Please understand that your credit file may not reflect all of your accounts.  If for any reason you have been denied credit because you have “no credit file” or “insufficient information,” you may request a credit reporting agency to investigate the possibility of adding unreported accounts to your report.

Your Name
Address

Attention:    Complaint Dept.

Name of Credit Reporting Agency, i.e., Equifax, Experian, TransUnion
Address

Dear Sir or Madam:

Please accept this letter as notice that I am writing to dispute the following information in my file:

(Even though you are providing the credit report, you should identify the specific dispute using specific account numbers, Court term numbers, Judgment numbers, etc.)

The items I am disputing are encircled on the credit report which I have also included with this letter.
This item is inaccurate for the following reason:

(Provide reasons that you believe it is inaccurate with as much documentation as possible)

I am requesting that the item be deleted or changed to correct this information.  Please re-investigate these matters and correct the disputed items as soon as possible or within 30 days.

Sincerely,

Your Name

____________

*NOTE:    This letter should also be provided to the creditor who has provided the inaccurate information.

It is important to recognize that credit inaccuracy may affect your life in numerous ways and therefore should be treated seriously.  Whether attorneys and other agencies who help repair credit, you can also take steps on your own to further advance a repair of your credit.

1. Stay on top of all your payments and do not over extend yourself.
   
2. Will you be able to get loans approved after bankruptcy?  Absolutely. You will eventually be able to get loans approved as long as you stay on top of the existing loans.  Therefore, before you apply for additional credit, make sure that you can afford the payments and that your credit report is accurate.  Furthermore, any loans that existed prior to bankruptcy such as a home or car loan should remain current.
3. Open checking or savings account. While it may seem unimportant, lenders often look at this to determine if you can responsibly handle your finances.
4. Make sure that you apply for credit post-bankruptcy. Apply for store and gas credit cards that you would normally pay cash for and make sure that they are paid timely.  In addition, immediately after filing, it is a good idea to apply for a secured credit card and immediately begin using the card.
5. Make sure that utility bills and rent are on time for at least a one year period.
   
6. Immediately post-discharge, if you are applying for either a car loan or a mortgage loan, look for car dealers and mortgage brokers that attest to being bankruptcy friendly.
7. Write a letter to each credit reporting agency, i.e., Equifax, Experian and TransUnion explaining the circumstances which led to the filing.
   
8. Make sure you pay your reaffirmed pre-bankruptcy debts on time.
   
9. Make sure your credit report is correct and if not, make sure you correct it.

While there is no exact science to re-establishing credit after bankruptcy, it is possible to obtain both secured and unsecured credit in a relatively short time post-filing.  However, it is important that you take all of the aforementioned measures in helping to reestablish credit.  Yes, there is life and clean credit after filing.

Debt collection practices are not permitted without your express permission or permission granted through the Court Order regarding the following actions:

• Contacting you before 8:00 a.m. or after 9:00 p.m.
• Contacting you at unusual times or places
• Contacting you at work once the debt collector becomes aware your employer does not allow such contact
• Contacting you when the debt collector is aware you are represented by an attorney
• They only contact third parties to ascertain your location and whereabouts
• Debt collectors may not reveal to third parties that you owe a debt
• Debt collectors may not use obscene profanity or non-appropriate language
• Debt collectors may not threaten violence or harm
• Debt collectors may not repeatedly use the telephone to annoy
• Debt collectors may not publish a list of debtors
• Debt collectors may not make false implications of government affiliation
• Debt collectors may not falsely imply you committed a crime
• Debt collectors may not assert false threats of legal action or legal status such as wage garnishment in Pennsylvania
• Debt collectors may not deposit a post-dated check prematurely
• Debt collectors may not attempt to collect more than you owe

It is a good idea to keep a log of when you receive the calls so that way you can help substantiate any impropriety on the part of debt collectors who are in violation of Fair Debt Collection Actions.  Please note, there are legal actions available for improper debt collection which can be explored by an attorney who handles consumer advocate rights. As a consumer, you have available legal remedies!

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