The Fair Debt Collection Practices Act (FDCPA), a federal law that was passed in 1978, provides guidelines on the actions that debt collectors can take when they try to get consumers to make payments on their debts. It prohibits abusive, deceptive or unfair practices and puts limits on when and how third-party debt collectors can contact people who owe money.
I was laid off for 2 years 5 years ago. We walked away from our house 3-1/2 years because we couldn’t afford to live in it. I’ve had steady employment for the past 3 years. But we’ve built up 45,000 in credit card debt. My credit score is currently 625. I have no problem paying pack the full amount I owe to the credit card companies but I would like to consolidate them. What can I do? My parents transferred a house they owned into my name and it’s paid off. Can I use that as collateral?
Both Chapter 7 and Chapter 13 bankruptcy can allow you to keep your house if requirements are satisfied. Chapter 13 bankruptcy is especially popular with homeowners who have considerably equity since it allows them to stay in their home and continue making payments while they pay off all, or a portion of, their other debts through a repayment plan..
Assuming you are consistently paying on time (the No. 1 thing you can do to help your credit), take a look at your debt-to-available credit ratio. You want to get that to under 30% (under 10% is even better). Your credit mix is also a factor. If you have the income to make more than minimum payments, though, that is the best way to make an impact. You can read more here:
If you are a candidate for Chapter 7 bankruptcy, you will need to complete mandatory pre-filing credit counseling with an approved credit counseling agency. During this step, a credit counselor will go over your income, debts and regular bills to determine your best options, including alternatives to bankruptcy. The cost of this type of credit counseling session is typically $50 to $100.
The days of “the expert” were gone once and for all. Even critically important practices like lending borrowing and banking were performed “on the fly.” Waiting for anything became unheard of and as a direct result of the “life in a hurry philosophy” quality products and services found their way into that “hand basket” headed for that destination people don’t like to talk about at parties. Credit Repair was no exception – fast credit repair companies raked in huge upfront fees while others sold “fix your own credit” programs to quench that uptick in do-it-yourself clients. Consumer credit files and credit scores fell into that same basket with all of the other “misfit” results. More damage was done by amateur “credit-mechanics” rushing to collect upfront fees from clients who expected their FICO scores to bounce before the next mouse-click than may ever be known.
If you are facing financial difficulties, it's always best to contact your lenders, creditors or service providers (such as your utility company or physicians) as soon as possible. Collection agencies and legal fees cost lenders a lot of money, so they are often open to negotiations, which are free. Call, email or write to explain your financial situation (for example, if you have experienced a job loss or unexpected set of expenses due to medical emergency). Discuss a new payment plan and make a good faith payment. At the least, you might be allowed to skip a payment without penalty or lower your minimum payments.
We all have bills to pay, so why not leverage your payments to work for you? Making credit card payments ahead of schedule will reduce the accrued interest and your debt-to-income ratio. Staying ahead of the curve on rent and utilities will help strengthen your credit score as well. If you have a financial calendar, move your payments up by seven days—it could make all the difference.
You need to review, in detail, your credit report from all three credit reporting agencies. You can use AnnualCreditReport.com to obtain your report for free. As you review the report, keep track of any information that you believe is incorrect. Credit scores are built using data from the credit bureaus, so it is important to ensure the data at Experian, Equifax and TransUnion is accurate.
Your credit score can be affected by consolidating credit card debt — but the overall effect on your credit score should be positive, as long as you pay off your debt. If you open a new credit product like a credit card and consolidate your credit card debt, your credit score may temporarily decrease due to the inquiry and opening of a new account, but it’ll bounce back soon. Your score can actually benefit from the increased line of credit you’ll receive from the new card, as long as you keep your other credit cards open. And if you are consolidating credit card debt with a personal loan, you should see a boost to your score because you are paying off revolving lines of credit. Also, by taking out a fixed-rate installment loan, your mix of credit may improve, which is one of the factors that make up your credit score.
You cannot pay down your debt on your own and you continue falling further and further behind. “It makes sense to file bankruptcy when you can no longer keep up with your bills,” said Leslie H. Tayne, a debt resolution attorney and founder of Tayne Law Group, based in Melville, N.Y. “If commercial creditors are breathing down your neck or if you are in danger of losing your home, it may then make sense to file bankruptcy.”
Become familiar with the information contained in each of your credit reports. They'll all look very similar, even if you've ordered them from different bureaus. Each credit report contains your personal identifying information, detailed history for each of your accounts, any items that have been listed in public record like a bankruptcy, and the inquiries that have been made to your credit report.
One of the sneaky-quick ways to increase your score is to add yourself as an authorized user on someone else’s. According to FICO, 35% of your score is based on your history of on-time payments, so when you become an authorized user on a friend or family member’s credit card, car loan, or installment loan, etc. you automatically “assume” the same positive history of payments on your credit report. Viola! Your score will go up as well. You do need to make sure the lender registers your social security number and will start reporting the change, and it can take 30 days to reflect on your own credit report (unless you do a Rapid Rescore—see below). But becoming an authorized user is a fantastic way to benefit from a great payment history that’s not even yours.
This part of your credit score will look at how much debt you have. Your credit report uses your statement balance. So, even if you pay your credit card statement in full every month (never pay any interest), it would still show as debt on your credit report, because it uses your statement balance. This part of your score will look at a few elements:
Some lenders might be open to renegotiating terms with you to reduce interest rates, create payment plans that get you caught up, remove fees and maybe even forgive portions of balances. Just remember that if this happens, you may have tax consequences since forgiven and canceled debts may be taxable. Additionally, according to Albaugh, sometimes settling with creditors on your own requires a lump-sum payment, whereas bankruptcy allows for installment payments on a lowered amount.