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TABLE OF CONTENTS


CREDIT CARDS

CREDIT REPORTS

CREDIT RATING

FINANCIAL TROUBLE

LOANS




























Q.   Which are the best credit cards?

  

AFinding the best credit card is mostly a matter of comparison shopping. Before you accept a credit card offer, be sure to understand the card's credit terms. For instance, what is the annual percentage rate? Is there a free period? How much is the annual fee? Then compare costs and features of other cards to see if you can get a better deal.

TIP TIP: Which card is best for you may depend on how you plan to use it. If you plan to pay bills in full each month, the size of the annual fee or other fees, and not the periodic and annual percentage rate, may be more important. If you expect to use credit cards to pay for purchases over time, the APR and the balance computation method are important terms to consider. In either case, keep in mind that your costs will be affected by whether or not there is a grace period.

The "annual percentage rate," or APR, is a measure of the cost of credit, expressed as a yearly rate.

The card issuer also must disclose the "periodic rate" applied to your outstanding account balance to figure the finance charge for each billing period.

If the credit card you are considering has a "variable rate" feature, the card issuer must tell you that the rate may vary and how the rate is determined. You also must be told how much and how often your rate may change.

A free period—also called a "grace period"—allows you to avoid the finance charge by paying your current balance in full before the "due date" shown on your statement. Knowing whether a credit card plan gives you a free period is especially important if you plan to pay your account in full each month.

If there is no free period, the card issuer will impose a finance charge from the date you use your credit card or from the date each transaction is posted to your account.

Most credit card issuers charge annual membership or other participation fees. These fees range from $25 to $50 for most cards, and from $75 on up for premium cards.

A credit card also may involve other types of costs. For example, some card issuers charge a fee when you use the card to obtain a cash advance, when you fail to make a payment on time, or when you go over your credit limit. Some charge a flat monthly fee whether or not you use the card.

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Q.   If someone steals my credit card, how  much am I liable for?

  

A.  Under federal law, if your credit card is used without your authorization, you can be held liable for up to $50 per card. If you report the loss before the card is used, federal law says the card issuer cannot hold you responsible for any unauthorized charges.

If a thief uses your card before you report it missing, the most you will owe for unauthorized charges is $50. This is true even if a thief is able to use your credit card at an automated teller machine (ATM) to access your credit card account.

To minimize your liability, report the loss of your card as soon as possible. Some companies have toll-free numbers printed on their statements and 24-hour service to accept such emergency information. For your own protection, you should follow up your phone call with a letter to the card issuer. The letter should give your card number, say when your card was missing, and mention the date you called in the loss.

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Q.   Are rebate credit cards a good deal?

  

A.  The use of rebates has grown rapidly. About one-quarter of the hundreds of millions of credit cards in use offer rebates. Credit card solicitations promise cash, frequent-flier miles or points that will buy everything from gas to video rentals.

TIP TIP: You’ll get a good deal from a rebate card if you spend a lot, and if you pay your bill in full each month. If you carry a balance on the card, what you gain in rebates you will lose in the excessive interest charged by credit cards.

Here are some of the rebate cards offered, with their terms (at the time of this writing):

  1. The Discover Card (800-347-2683). Offers up to 1% back on unlimited amounts once you've spent $3,000.
  2. American Express Membership Rewards (800-297-3276). Awards a point for each dollar charged. Points can be used at CompUSA, NordicTrack, Saks Fifth Avenue, Timberland, and others. Once you have more than 999 points, you can transfer them to a frequent-flier program.
  3. Citibank/Apple Computers Visa (800-374-9999). Gives 2.5% back on up to $3,000 of purchases a year and 5% on higher amounts. Rebates may be applied toward the purchase of Apple computers.
  4. GE Rewards MasterCard (800-544-5232). Rebate maxes out at 2% on up to $10,000 of purchases a year. Because the rebate is figured on a graduated scale, the maximum on the $10,000 is actually 1.4% or $140 a year.
  5. General Motors MasterCard (800-846-2273). Earns 5% toward the purchase of any GM automobile, excluding Saturn; under a special program, cardholders may earn up to 10%. Maximum rebate: $3,500 ($7,000 for Goldcard holders) over seven years.
  6. Nordstrom Visa (800-935-4210). Up to a 5% discount on Nordstrom purchases once you charge $5,000 on the card.

The terms of these cards change often, so be sure to inquire about them before signing up.

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Q.   What is the difference between the average daily balance, adjusted
balance and previous balance?

  

A.  Average Daily Balance (including or excluding new purchases). The average daily balance method gives you credit for your payment from the day the card issuer receives it. To compute the balance due, the card issuer totals the beginning balance for each day in the billing period and deducts any payments credited to your account that day. New purchases may or may not be added to the balance, depending on the plan, but cash advances typically are added. The resulting daily balances are added up for the billing cycle and the total is then divided by the number of days in the billing period to arrive at the "average daily balance." This is the most common method used by credit card issuers.

Adjusted Balance. This balance is computed by subtracting the payments you made and any credits you received during the present billing period from the balance you owed at the end of the previous billing period. New purchases that you made during the billing period are not included. Under the adjusted balance method, you have until the end of the billing cycle to pay part of your balance and you avoid the interest charges on that portion. Some creditors exclude prior, unpaid finance charges from the previous balance. The adjusted balance method usually is the most advantageous to card users.

Previous Balance. As the name suggests, this balance is simply the amount you owed at the end of the previous billing period. Payments, credits, or new purchases made during the current billing period are not taken into account. Some creditors also exclude unpaid finance charges in computing this balance.

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Q.   What can I do if I am dissatisfied  with a credit card purchase?

  

If you have a problem with merchandise or services that you charged to a credit card, and you have made a good faith effort to work out the problem with the seller, you have the right to withhold from the card issuer payment for the merchandise or services. Check with your credit card company regarding their policies.

If you do not achieve satisfaction through the seller or credit card company, you can file a small claims court action—an informal legal proceeding that can be used to settle disputes. Check your local telephone book under your municipal, county, or state government headings for small claims court listings.

In addition, you have the following rights:

You have the right to have mail and phone order purchases shipped when promised, or to cancel for a full and prompt refund. If no shipping date is stated, your right to cancel begins 30 days after your order and payment are received by the merchant. If you cancel, the seller has one billing cycle to tell the card issuer to credit your account.

There are two exceptions to the 30-day shipment rule: (1) If a company doesn't promise a shipping time, and you are applying for credit to pay for your purchase, the company has 50 days after receiving your order to ship. (2) Spaced deliveries, such as magazine subscriptions (except for first shipment); items that continue until you cancel (e.g. book or record clubs, etc.); C.O.D. (cash on delivery) orders; services; and seeds or growing plants are not covered.

You have the right to a full refund--because of shipping delay--within seven working days (or one billing cycle) after the seller receives your request to cancel.

You may refuse a delivery of damaged or spoiled items.

TIP TIP: If there is obvious damage to a package you receive in the mail, and if you decide not to accept the package, write "REFUSED" on the wrapper (at time of delivery) and return it unopened to the seller. No new postage is needed, unless the package came by insured, registered, certified or C.O.D. mail and you signed for it.
TIP TIP: If you are ordering something to be delivered by C.O.D., make your check out to the seller, not the post office. That way, you may contact your bank and stop the check if there is an immediate problem with merchandise.

When you return merchandise or pay more than you owe, you have the option of keeping the credit balance on your account or requesting a refund (if the amount exceeds $1.00). To obtain a refund, write the card issuer. The card issuer must send you the refund within seven business days of receiving your request.

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Q.   What can I do if there is a mistake on my credit card bill?

  

A.  Federal law provides specific rules that the card issuer must follow for promptly correcting billing errors. The card issuer will give you a statement describing these rules when you open the credit card account and, after that, at least once a year. In fact, many card issuers print a summary of your rights on each bill they send you.

You must notify the card issuer in writing at the address specified for billing errors when you find an error, and you must do so within 60 days after the first bill containing the error was mailed to you. (For this reason, keep your credit card receipts and promptly compare them when your bills arrive.)

In your notification letter, include your name, your account number, the amount of the suspected error, and the reason why you believe that the bill contains an error. The card issuer, in turn, must look into the problem and either correct the error or explain to you why the bill is correct. This must occur within two billing cycles and not later than 90 days after the issuer receives your billing error notice.

During the period that the card issuer is investigating the error, you do not have to pay the amount in question. (For further information, write: "Credit Billing Errors," Public Reference, Federal Trade Commission, Washington, D.C. 20580.)

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Q.   How can I get the most benefit from my credit cards?

 

A.  Here are some suggestions for the use of credit cards:

1.    Pay bills promptly to keep finance charges as low as possible.

TIP TIP: Keep copies of sales slips and promptly compare charges when your bills arrive.

2.   Keep a list of your credit card account numbers and the telephone numbers of each card issuer in a safe place in case your cards are lost or stolen.

3.   Protect your credit cards and account numbers to prevent unauthorized use.

TIP TIP: Draw a line through blank spaces above the total when you sign receipts. Rip up or retain carbons.

4.   Deal only with reliable firms. In doubt? Check with your local consumer protection agency or the Better Business Bureau (BBB) nearest to where the business is located. Study the advertising offer carefully. Ask the company about its warranty, refund and exchange policies.

TIP TIP: Pay by money order, check, charge or credit card so you have a record of your purchase.

5.   Never send cash. Keep the ad you responded to and a copy of the order form. If there is no order form, make your own notes with the company's name, address, phone number, date, amount, the item you purchased, and any delivery date that may have been promised.

6.   Never give out your credit, debit, charge card or bank account numbers unless you've checked out the company or have done business with it before.

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Q.   What restrictions and limitations can a merchant impose before
accepting my credit card?

  

A.  Many merchant practices violate your privacy and expose you to potential credit fraud, and therefore are illegal in many states.

To protect you privacy and avoid being defrauded by credit card crooks, say "no" to a merchant who engages in these impermissible credit card practices:

  • Writes your credit card number on your personal check,
  • Writes your personal information on a bank credit card sales slip,
  • Imposes a minimum sales amount for credit card purchases, or
  • Charges extra for payment by credit card.
Note NOTE: Giving a discount for cash payments is allowed.

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Q.   How can I stop junk mail or telemarketing calls?

  

A.  You have the right to tell commercial telephone and direct mail marketers to stop calling you, and to sue in Small Claims Court if they continue to call. If you request it, the Direct Marketing Association--through its Mail or Telephone Preference Services--will ask subscribing companies to take your name off their lists.

Here’s how to register with the Direct Marketing Association: Mail a letter requesting removal from mailing or telemarketing lists to the two addresses below. Include your name, address, city, state, zip code, and phone number.

  • Telephone Preference Service
    Direct Marketing Associations
    Box 9014
    Farmingdale, NY 11735-9014
  • Mail Preference Service
    Direct Marketing Association
    Box 9008
    Farmingdale, NY 11735-9008

If companies you now do business with also remove your name, you can contact them directly to have your name reinstated. Keep records. If the marketer calls again, you can sue. You may have additional legal rights under state or local law.

TIP TIP: If you receive unordered merchandise in the mail, consider it a gift and don’t feel pressure to pay for it.

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Q.   How can I check my credit report?

  

A.  Mistakes on credit reports occur frequently. They might be caused by stolen or unauthorized use of credit cards, other individuals with the same name, or a creditor reporting something in the wrong way. Thus, you should check your credit report periodically. 

To check your report, call or write any of the three major credit bureaus:

Equifax
Information Service Center
P.O. Box 740241
Atlanta, GA 30374-0241
1-800-685-1111

Trans Union Corporation
Consumer Disclosure Center
P.O. Box 390
Springfield, PA 19064-0390
1-800-851-2674

When writing, send your full name, including middle initial and generation (e.g., Jr., Sr., II or III); any maiden name; your current address; addresses for the past five years; Social Security number; and date of birth. Sign your request. In the case of TRW and Equifax, you must enclose proof of your current address (e.g., a photocopy of your driver's license.)

According to federal law, you are entitled to a free report within 60 days of being denied credit, employment, insurance, or rental housing. Ask which credit bureau supplied the information. You also are entitled to a free report once a year if you are unemployed, on welfare, or believe there are inaccuracies in your report as a result of fraud.
 

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Q.   What if there is an error on my credit report?

  

A.  By law (under the Fair Credit Reporting Act) you have the right to correct inaccurate information in your credit file. You must dispute your report directly to the credit reporting agency.
TIP TIP: Although the Fair Credit Reporting Act does not require it, submit your dispute in writing, along with copies (not originals) of documents that support your position.

In addition to providing your complete name and address, your letter should clearly identify each item in your report that you dispute, explain why you dispute the information, state the facts, and request deletion or correction. You may want to enclose a copy of your report with the items circled.

TIP TIP: Send your dispute by certified mail, return receipt requested, and keep copies of your dispute letter and enclosures. By doing so, you can document what the credit reporting agency received.
TIP TIP: Once you have corrected the mistake at one credit bureau, check others, since they do not correct each other's files. Find out the names of other credit bureaus to which the creditor involved reports, and have the information corrected at each of them.

There is nothing you can do to get a credit bureau to remove accurate information from your credit file until the reporting period has expired. Credit reporting agencies are permitted to report bankruptcies for ten years, and other negative information for seven years.

TIP TIP: If you are divorced and suffering the consequences of a credit rating damaged during the marriage, you may be able to obtain relief if the bad credit rating was your spouse's fault and you can prove it. According to the Equal Credit Opportunity Act, a lender must consider any evidence you have showing that your spouse---not you---was the irresponsible one.

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Q.   How can I build a credit history so that I can establish credit?

  

A.  It may take time to establish your first credit account if you have no reported credit history. This problem affects mainly (1) young people, (2) older people who have never used credit, and (3) divorced or widowed women who shared credit accounts reported only in the husband's name.

Here are some steps you can take:

  • Check with a credit bureau to find out what is in your credit report.
TIP TIP: If you have had credit before under a different name or in a different location and it is not reported in your file, ask the credit bureau to include it. Although credit bureaus are not required to add new accounts to your file, many will do so for a fee.
TIP TIP: If you currently share a credit account with your spouse, ask the creditor to report it under both names
  • When contacting your creditor or credit bureau, do so in writing and include relevant information, such as account numbers, to speed the process. As with all important business communications, keep a copy of what you send.
  • Build a credit history by applying for credit with a local business, such as a department store, or borrow a small amount from your credit union or the bank where you have checking and savings accounts. A local bank or department store may approve your credit application even if you do not meet the standards of larger creditors.
  • If you are rejected for credit, find out why. There may be reasons other than lack of credit history. Your income may not meet the creditor's minimum requirement or you may not have worked at your current job long enough.
TIP TIP: Wait at least six months before making each new application. Credit bureaus record each inquiry about you. Some creditors may deny your application based on your having too many credit inquiries.
TIP TIP: If you still cannot get credit, ask someone with an established credit history to act as your co-signer. Then, once you have repaid the debt, try again to get credit on your own. Alternatively, you may wish to consider a secured credit card.

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Q.   Who can see my credit file?

  

A.  The Fair Credit Reporting Act allows access to your credit file only by the following: those authorized in writing by you, creditors to whom you are applying for credit, insurers, potential employers, and those who have a "legitimate business purpose related to a business transaction involving you."

In addition, government agencies can obtain identifying information about you. This is limited to your name, current and former addresses, and current and former places of employment.

Every time someone requests a copy of your credit report, it is noted as an "inquiry" on your credit file. You are entitled to know who has requested your credit file within the past six months (or two years if for employment purposes). This information is provided when you order a copy of your credit report.

TIP TIP: In addition to checking on the information in your report, review who has seen your file. Credit bureaus must establish procedures to keep anyone without a legitimate business purpose from obtaining your report, but unauthorized access to credit files does sometimes occur.

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Q.   How can I decipher my credit report?

  

A.  Credit reports contain symbols and codes that are "Greek" to the average consumer. Every credit bureau report also includes a key explaining each code. Some of these keys decipher the information, while others just cause more confusion.

Read your report carefully, making a note of anything you do not understand. The credit bureau is required by law to provide trained personnel to explain it to you. If accounts are identified by code number, or if there is a creditor listed on the report that you do not recognize, ask the credit bureau to supply you with the name and location of the creditor so you can ascertain if you do indeed hold an account with that creditor.

It is vital that you understand every piece of information on your credit report in order that you be able to identify possible errors or omissions.

Here is a summary of what the various codes mean:

The Equal Credit Opportunity Act (ECOA) requires creditors who report information about accounts to report it in the names of all people with a relationship to the account, including cosigners or authorized users. To help lenders identify your legal liability on all your credit accounts, credit bureaus add a code to each account, termed the ECOA code.

Each credit bureau lists ECOA codes differently, but these are the basic categories:

Individual. You alone are legally responsible. This designation gives you a strong credit reference, assuming a good history. You alone are legally responsible. This designation gives you a strong credit reference, assuming a good history. You alone are legally responsible. This designation gives you a strong credit reference, assuming a good history.

Joint. You and someone else -- often a spouse – are both legally liable. A joint account is equal to an individual account for building your credit history. You and someone else -- often a spouse – are both legally liable. A joint account is equal to an individual account for building your credit history. You and someone else -- often a spouse – are both legally liable. A joint account is equal to an individual account for building your credit history.

Cosigner. You signed loan documents for someone else, to help them qualify for a loan.

Cosigner, primarily liable: You took out an account for yourself, but someone else co-signed for the loan to ensure payment.

Authorized user. You can use the account, and may have a card in your name, but you did not sign the application and are not legally responsible. Because you have no legal obligation, this designation does not help you get your own credit history. You can use the account, and may have a card in your name, but you did not sign the application and are not legally responsible. Because you have no legal obligation, this designation does not help you get your own credit history. You can use the account, and may have a card in your name, but you did not sign the application and are not legally responsible. Because you have no legal obligation, this designation does not help you get your own credit history.

Undesignated.  No status was reported by the creditor reporting the account information.

Inquiries.  Inquiries, which appear at the end of your credit report, tell you who has seen it recently. They are very important when you apply for credit. Lenders almost always look at how many inquiries you have when evaluating your application. Consumers with "too many inquiries" are often turned down, due to a concern that they are applying for too much credit at one time, that they are on a spending spree, or that there is potential fraud.

The consumer credit laws do not cover inquiries, so once they are on your file there is nothing you can do to have them removed. It’s always worth trying to challenge inquiries with the credit bureau, but be aware that many credit bureaus refuse to investigate them. If you have too many inquiries, you may simply have to wait six months before applying for more credit.  Inquiries generally stay on credit reports for two years.

Some credit bureaus list inquiries by code, rather than by the name of the company. The Fair Credit Reporting Act requires that a credit bureau explain all information on your report that you do not understand, so request names for all the coded companies listed under the inquiries section.

If an inquiry is coded "PRM" or "PSC," or has the word "promotional" next to it, it means that a lender has paid the credit bureau to screen suitable prospects for a "pre-approved" mailing. The lender supplies the bureau with a list of names and addresses and a set of credit criteria, and asks the bureau to determine which candidates meet their criteria. The lender then receives from the credit bureau a list of the names that meet the qualifications, and those consumers receive a "pre screened" or "pre-approved" credit offer.

Inquiries noted as "csmr" or "consumer," indicate you have seen your own credit file.

It is the policy of the major credit bureaus not to include promotional or consumer inquiries when transmitting the file to a lender, so review of your own file or pre-screening will not hurt your chances of getting credit.

Tradelines. "Tradelines" is credit-industry jargon for "accounts." Tradelines are the listings of accounts that appear on credit reports. Each account you hold is considered a separate tradeline.

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Q.   How will a divorce or separation affect my credit?

  

A.  Here are some tips for handling the credit aspects of divorce, both in the planning stages and afterwards.

Cancel All Joint Accounts

First, it is important to cancel all joint accounts immediately once you know you are going to obtain a divorce.

Creditors have the right to seek payment from either party on a joint credit card or other credit account, no matter which party actually incurred the bill. If you allow your name to remain on joint accounts with your ex-spouse, you are also responsible for the bills.

Some credit contracts require that you immediately pay the outstanding balance in full if you close an account. If so, try to get the creditor to have the balance transferred to separate accounts.

If Your Spouse’s Poor Credit Affects You

If your spouse's poor credit hurts your credit record, you may be able to separate yourself from the spouse’s information on your credit report. The Equal Credit Opportunity Act requires a creditor to take into account any information showing that the credit history being considered does not reflect your own. If for instance, you can show that accounts you shared with your spouse were opened by him or her before your marriage, and that he or she paid the bills, you may be able to convince the creditor that the harmful information relates to your spouse’s credit record, not yours.

In practice, it is difficult to prove that the credit history under consideration doesn’t reflect your own, and you may have to be persistent.

For Women: Maintain Your Own Credit—Before You Need It

If a woman divorces, and changes her name on an account, lenders may review her application or credit file to see whether her qualifications alone meet their credit standards. They may ask her to reapply. (The account remains open.)

Maintaining credit in your own name avoids this inconvenience. It can also make it easier to preserve your own, separate, credit history. Further, should you need credit in an emergency, it will be available.

Do not use only your spouse’s name—e.g., Mrs. John Wilson--for credit purposes.

TIP TIP: Check your credit report if you haven't done so recently. Make sure the accounts you share are being reported in your name as well as your spouse's. If not, and you want to use your spouse's credit history to build your own, write to the creditor and request the account be reported in both names.

Also, determine if there is any inaccurate or incomplete information in your file. If so, write to the credit bureau and ask them to correct it. The credit bureau must confirm the data within a reasonable time period, and let you know when they have corrected the mistake.

If you used your spouse’s accounts, but never co-signed for them, ask to be added on as jointly liable for some of the major credit cards. Once you have several accounts listed as references on your credit record, apply for a department store card, or even a Visa or Mastercard, in your own name.

If you held accounts jointly and they were opened before 1977 (in which case they may have been reported only in your husband's name), point them out and tell the creditor to consider them as your credit history also. The creditor cannot require your spouse's or former spouse's signature to access his credit file if you are using his information to qualify for credit.

TIP TIP: A secured credit card is a fairly quick, easy way to get a major credit card if you do not have a credit history.

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Q.   What factors affect my credit rating?

  

A.  Your credit rating is affected by a number of different factors, some obvious and others few consumers are aware of. These are discussed below.
  • Whether you have a credit card or use another person's credit card,
  • Whether you have a bank checking or savings account.
  • Where you live.
  • Your age.
  • Your debt-income ratio.
  • Whether you have declared bankruptcy or have had "charge-offs" to your account
  • Whether you are delinquent in any child support payments.
  • Whether you have "too much" credit available

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Q.   Does having a credit card or using another person's credit card
improve my credit rating?

  

A.  One of the best things you can have on a credit report is a bank credit card-- such as a Visa, MasterCard or Discover card —that has been paid on time over a specified period in the past. In a credit scoring system, a good bank card reference usually carries more weight than an American Express card or a department store card.

If you are an authorized user (someone who has permission to use a credit card, but is not legally liable for the bills) on someone else's account, the payment history will likely be reported in your credit file, but you won’t be able to rely on it to help you build your own credit rating. Usually, it will neither help you nor hurt you when you apply for a loan.

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Q.   Does having a bank account improve my credit rating?

  

A.  A checking or savings account will usually enhance your credit rating. Some banks give you extra points in applying for their credit card if you have a checking or savings account with them. In fact, some banks also give discounts on loan rates when you hold other accounts with them.

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Q.   Is my credit rating affected by where I live?

  

A.  Many creditors give a higher score to those who have lived at the same address for at least two years. Others give extra points just for living in the same area for two years or more.

Creditors may take into account your geographic location in scoring your length of time at one address. If you live in a city, where people move more often, the length of time at your address will probably count less than if you live in the country.

If your address is a post office box, you may find yourself turned down for credit. To fight fraud, some creditors screen out applicants whose addresses indicate commercial offices, mail drops or prisons.

Since post office boxes or rural delivery boxes are commonplace in rural areas, a lender may issue a card to that address, while rejecting applicants with a P.O. box in a large city.

People who own their homes usually earn a higher score than renters.

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Q.   Does my age affect my credit rating?

  

A.  If a lender's credit experience shows that people in a certain age group have a better record of paying their bills than people of other ages, that lender may, legally, give a higher score to the better-paying age group.

However, the Equal Credit Opportunity Act (ECOA), a federal law intended to prevent discrimination in lending, does not allow lenders to discriminate against people age 62 or over. The ECOA requires creditors using a scoring system to give those aged 62 and older an age-factor score at least as high as the best score given to anyone under age 62.

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Q.   How important is my debt-income ratio in determining my 
credit-worthiness?

  

A.  Some creditors look at your "debt/income ratio" to determine whether you qualify for credit and how much credit you qualify for.

To find your debt/income ratio, total up your monthly payments on all bills. Then, divide these payments by your monthly gross income (before tax). This is your debt/income ratio.

If it’s less than 28%, you should have no trouble getting a loan (and can consider yourself successful at managing your debt and maintaining a good credit rating). If it falls between 28% and 35%, you have what’s considered high debt, and you may find it difficult to obtain some loans. If your debt/income ratio is 35% or more, you will probably not be able to get additional credit. More importantly, you are potentially in financial jeopardy.

Keep in mind that these are general guidelines. Some large card issuers will accept debt ratios as high as 40-45%. Others compare your net (after-tax) income to your debts to determine your debt ratio.

TIP TIP: In determining your debt/income ratio, do not include payments for your mortgage, utility bills, doctor bills or other items that do not appear on your credit report: The creditor will not look at these.

If you should incur unexpected expenses, get ill, lose your job, or get divorced, you could find yourself unable to meet your obligations. Consider seeking credit counseling through a local non-profit consumer credit counseling service.

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Q.   Will bankruptcies or "charge-offs" affect my credit rating?

  

A.  Most lenders (but not all) will automatically reject you if your application or credit file indicates a bankruptcy. Both types of bankruptcy -- Chapter 13 (the wage-earner's plan under which all debts are eventually repaid) and Chapter 7 (straight bankruptcy) -- remain in your credit files for ten years. Few creditors draw any distinction between the two types, so you don't get any "credit" for having repaid your bills using Chapter 13.

In addition to the bankruptcy itself remaining on your report for ten years, each separate account that was discharged through bankruptcy can be reported in your file for up to seven years.

"Charge-offs" (accounts written off as "uncollectible") and "collection accounts" (accounts sent either to the creditor's own collection department or to an outside collection agency) are extremely negative.

Note NOTE: If an account that has been charged-off (other than for bankruptcy), the creditor will usually turn it over to a collection agency, which will then attempt to collect. It then becomes a "collection account" for reporting purposes.
TIP TIP: If you pay the charged-off amount, make sure the creditor updates the account as a "paid charge-off."
TIP TIP: In exchange for paying off a collection account, you may be able to negotiate with the creditor or collection agency the permanent removal of the negative information from your credit bureau files. However, lenders are under no obligation to make such an agreement.

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Q.   Will delinquent child support payments affect my credit?

  

A.  Delinquent child support frequently appear on credit reports. In 1984, Congress amended the federal Child Support Enforcement (CSE) legislation to require more routine reporting of delinquent payments.

State child support enforcement agencies must report overdue child support to a credit bureau that requests such information, as long as the amount exceeds $1,000. CSE agencies may also report delinquencies of any amount on a voluntary basis.

Before a CSE agency reports your delinquent child support debts to a credit bureau, it must tell you that it is going to do so and provide you with information on how to dispute the delinquency.

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Q.   Can my credit rating be negatively affected by having too
much available credit?

  

A.  You may be turned down for a loan because you have too much available credit. When creditors evaluate your application for credit, they ascertain whether, if you were to use all your available credit, you would be over your head

Accounts you no longer use, or have paid off, can count against you if they are listed as "open" on a credit report. The act of paying off a revolving account does not, in itself, result in its being "closed" in the eyes of creditors. Further, some creditors do not report to credit bureaus the fact that accounts are closed.

TIP TIP: Every time you close an account, ask the creditor to report it as "closed by consumer" to all credit bureaus to which the account has previously been reported. If a closed account appears on your credit report as open, dispute the entry with the credit bureau.

In determining whether you have too much available credit, creditors usually consider:

  • The number of accounts you hold. As noted above, having too many credit card accounts can count against you.
  • The total credit you have available. Having too much available credit can count against you.

Conversely, being at or near the limit on your credit cards (i.e., with little available credit) can also count against you if it suggests that you have incurred too heavy a debt load.

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Q.   How can I tell whether I have too much debt?

  

A.  If you answer yes to any one of the following questions, you should take action:
  • Have you run several credit cards up to the limit?
  • Do you frequently make only the minimum monthly payments?
  • Do you apply for almost any credit card you are offered--without checking out the terms?
  • Have you used the cash advance feature from one card to pay the minimum payment on another?
  • Do you use cash advances (or a credit card) for living expenses such as food, rent, or utilities?
  • Are you unable to say what your total debt is?
  • Are you unable to say how long it would take you to pay off all your current debts (excluding mortgages and cars) at the rate you have been paying?

If you find several of these statements describe your credit habits, it may be that you need to take steps to manage your debt before bill collectors start calling and your credit history is endangered.

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Q.   What steps should I take if I get into financial trouble?

  

A.  Here are some specific steps you can take if you are in financial trouble:
  1. Review each debt that creditors claim you owe to make certain you really owe it, and that the amount is correct.
  2. Contact your creditors to let them know you're having difficulty making your payments. Tell them why you're having trouble. Try to work out an acceptable payment schedule with your creditors.
    TIP TIP: Do not wait until your account is turned over to a debt collector. At that point, the creditor has given up on you. As soon as you find that you cannot make your payments, contact your creditors to try to work out a reduced-payment plan.
  3. Budget your expenses. Create a spending plan that allows you to reduce your debts. Itemize your necessary expenses (such as housing and health care) and optional expenses (such as entertainment and vacation travel). Stick to the plan.
  4. Try to reduce your expenses. Cut out any unnecessary spending such as eating out and expensive entertainment. Consider taking public transportation rather than owning a car. Clip coupons, purchase generic products at the supermarket, and avoid impulse purchases. Above all, stop incurring new debt. Consider substituting a debit card for your credit cards.
  5. Use your savings and other assets to pay down debts. Withdrawing savings from low-interest accounts to settle high-rate loans usually makes sense.
TIP TIP: Selling off a second car not only provides cash but also reduces insurance and other maintenance expenses.
TIP TIP: If you are unable to make satisfactory arrangements with your creditors, there are organizations to help you with your financial situation. For instance, Consumer Credit Counseling Service (CCCS) agencies, which are local, non profit organizations affiliated with the National Foundation for Consumer Credit (NFCC), provide education and counseling to families and individuals.

To contact a CCCS office for confidential help, look in your telephone directory white pages, or call 1 (800) 388-2227, 24 hours a day, for an office near you. Or write to the National Foundation for Consumer Credit, 8611 2nd Ave., Suite 100, Silver Spring, MD 20910.
TIP TIP: Some people with debt problems have found that Debtors Anonymous, General Service Board, Box 400, Grand Central Station, New York, NY 10163-0400, has provided helpful service.

Personal bankruptcy, a serious step, should be considered only if other means have been exhausted, and only if it is the best way to deal with financial problems. A skilled and trusted bankruptcy lawyer should be consulted.

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Q.   What can I do if I am being hounded by a debt collector?

  

A.  If you fall behind in paying your creditors, or an error is made on your accounts, you may be contacted by a "debt collector." The Fair Debt Collection Practices Act prohibits certain practices by debt collectors.

What to do: To stop a debt collector from calling you, write a letter to the collection agency telling them to stop. Once the agency receives your letter, it may not contact you again except to say there will be no further contact. Another exception is that the agency may notify you if the debt collector or the creditor intends to take some specific action.

If you believe a debt collector has violated the law by harassing you, you have the right to sue a collector in a state or federal court within one year from the date you believe the law was violated. The following practices are specifically prohibited.

Harassment, Oppression, or Abuse.  For example, debt collectors may not:

  • Use threats of violence or harm against the person, property, or reputation;
  • Publish a list of consumers who refuse to pay their debts (except to a credit bureau);
  • Use obscene or profane language;
  • Repeatedly use the telephone to annoy someone;
  • Telephone people without identifying themselves; or
  • Advertise your debt.

False Statements.  For example, debt collectors may not:

  • Give false credit information about you to anyone;
  • Send you anything that looks like an official document from a court or government agency when it is not;
  • Use a false name;
  • Falsely imply that they are attorneys or government representatives;
  • Falsely imply that you have committed a crime;
  • Falsely represent that they operate or work for a credit bureau;
  • Lie about the amount of your debt;
  • Lie about the involvement of an attorney in collecting a debt;
  • Indicate that papers being sent to you are legal forms when they are not;
  • Indicate that papers being sent to you are not legal forms when they are.
  • Tell you that you will be arrested if you do not pay your debt;
  • Tell you they will seize, garnish, attach, or sell your property or wages, unless the collection agency or creditor intends to do so, and it is legal to do so; or
  • Tell you that actions, such as a lawsuit, will be taken against you, which legally may not be taken, or which they do not intend to take.

Unfair Practices. For example, collectors may not:

  • Collect any amount greater than your debt, unless allowed by law;
  • Deposit a post-dated check prematurely;
  • Make you accept collect calls or pay for telegrams;
  • Take or threaten to take your property unless this can be done legally;
  • Contact you by postcard.

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Q.   What are my rights against banks, creditors and debt collectors?

  

A.   You have the following rights:
  • Banks. If you have a complaint about a bank in connection with any of the Federal credit laws—or if you think any part of your business with a bank has been handled in an unfair or deceptive way—you may get advice and help from the Federal Reserve.
TIP TIP: You should submit your complaint—in writing whenever possible—to the Division of Consumer and Community Affairs, Board of Governors of the Federal Reserve System, Washington, D.C. 20551, or to the Reserve Bank nearest you. Be sure to describe the bank practice you are complaining about and give the name and address of the bank involved.
  • Credit Clinics. File a complaint with the Better Business Bureau, your state attorney general's office, and the Federal Trade Commission (FTC).
  • Debt Collectors. Report any problems you have with a debt collector to your state Attorney General's office and the Federal Trade Commission.
  • Other Institutions. The Federal Trade Commission enforces a number of federal laws involving consumer credit, including the Equal Credit Opportunity Act, the Fair Credit Reporting Act, the Truth in Lending Act, the Fair Credit Billing Act, and the Fair Debt Collection Practices Act.
  • You may also take legal action against a creditor. If you decide to bring a lawsuit, here are the penalties a creditor must pay if you win:

  • Truth in Lending and Consumer Leasing Acts. If any creditor fails to disclose information required under these Acts, or gives inaccurate information, or does not comply with the rules about credit cards or the right to cancel certain home-secured loans, you as an individual may sue for actual damages—any money loss you suffer. In addition, you can sue for twice the finance charge in the case of certain credit disclosures, or, if a lease is concerned, 25 percent of total monthly payments. You may also be entitled to reimbursement for court costs and attorney's fees.
  • Equal Credit Opportunity Act. If you think you can prove that a creditor has discriminated against you for any reason prohibited by the Act, you as an individual may sue for actual damages plus punitive damages of up to $10,000.
  • Violations by Debt Collectors. You have the right to sue a collector in a state or federal court within one year from the date you believe the law was violated. If you win, you may recover money for the damages you suffered. A group of people also may sue a debt collector and recover money for damages up to $500,000, or one percent of the collector's net worth, whichever is less.
  • Fair Credit Billing Act. A creditor who breaks the rules for the correction of billing errors automatically loses the amount owed on the item in question and any finance charges on it, up to a combined total of $50— even if the bill was correct.
  • Fair Credit Reporting Act. You may sue any credit reporting agency or creditor for breaking the rules about who may see your credit records or for not correcting errors in your file. A person who obtains a credit report without proper authorization—or an employee of a credit reporting agency who gives a credit report to unauthorized persons—may be fined up to $5,000 or imprisoned for one year, or both.



















Q.   What should I do if a friend or family member asks me to
co-sign a loan?

  

A.  Many people agree to co-sign loans for friends or relatives, as a favor, as a vote of confidence, or because they just can't say no. Unfortunately, they often find that they've bitten off more than they intended to chew.

The cosigner of a loan agrees to be responsible for its repayment along with the borrower. While a lender will generally seek repayment from the debtor first, it can go after the cosigner at any time. (On the other hand, where a loan is guaranteed, the lender can usually go after the guarantor only after the principal debtor has actually defaulted.)

Finance companies report that most cosigners end up paying off the loans they've cosigned—along with late charges, legal fees and all. Not only is this an unwanted out-of-pocket expense, but it can also be an undeserved blot on the cosigner's credit record.

It's better to guarantee a loan than to cosign it. However, if you're willing to cosign a loan, at least seek the lender's agreement to refrain collecting from you until the borrower actually defaults and try to limit your liability to the unpaid principal at the time of default. Then stay on top of the borrower's financial situation to help avoid a default (for example, have the lender notify you whenever a payment is late). At least you can preserve your credit rating by nipping payment problems in the bud.

Cosigning An Account. You may be asked to cosign an account to allow someone else to obtain a loan. With cosigning, your payment history and assets are used to qualify the cosigner for the loan.

TIP TIP: We recommend that you do not cosign a loan, whether for a family member, friend, or employee. Many have found that cosigning a loan only leads to trouble.

Bear in mind that cosigning a loan bears all the financial and legal consequences of taking out the loan yourself. When you cosign, you are signing a contract that makes you responsible for the entire debt. If the other cosigner does not pay, or makes late payments, it will probably show up on your credit record. If the person for whom you cosigned does not pay the loan, the collection company will be entitled to try to collect from you.

If the cosigned loan is reported on your credit report, another lender will view the cosigned account as if it were your own debt. Further, if the information is correct, it will remain on your credit report for up to seven years.

TIP TIP: If someone asks you to cosign a loan, suggest other alternatives--such as a secured credit card—by which they can build a credit history. If you are asked to cosign for someone whose income is not high enough to qualify for a loan, you are actually doing them a favor by refusing—they will be less likely to be overwhelmed by too-high debts. At any rate, consult with your lawyer before cosigning, since state laws regarding a cosigner's liability vary.
TIP TIP: If you have already cosigned for someone, and he or she is not making payments on time, consider making the payments yourself and asking the cosigner to pay you directly, in order to protect your credit rating.

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Q.   How can I get the best deal on a home equity loan or an equity
line of credit?

  

A.  If you decide to apply for a home equity loan, look for the plan that best meets your particular needs. Look carefully at the credit agreement and examine the terms and conditions of various plans, including the annual percentage rate (APR) and the costs you'll pay to establish the plan.
TIP TIP: The disclosed APR will not reflect the closing costs and other fees and charges, so compare these costs, as well as the APRs, among lenders.

Interest Rates. Home equity plans typically involve variable interest rates rather than fixed rates. A variable rate must be based on a publicly available index (such as the prime rate published in some major daily newspapers or a U.S. Treasury bill rate). The interest rate will change, mirroring fluctuations in the index.

To figure the interest rate that you will pay, most lenders add a margin, such as 2 percentage points, to the index value.

TIP TIP: Because the cost of borrowing is tied directly to the index rate, find out what index and margin each lender uses, how often the index changes, and how high it has risen in the past.

Sometimes lenders advertise a temporarily discounted rate for home equity loans—a rate that is unusually low and often lasts only for an introductory period, such as six months.

Variable rate plans secured by a dwelling must have a ceiling (or cap) on how high your interest rate can climb over the life of the plan. Some variable-rate plans limit how much your payment may increase, and also how low your interest rate may fall.

Some lenders permit you to convert a variable rate to a fixed interest rate during the life of the plan, or to convert all or a portion of your line to a fixed-term installment loan.

Agreements generally permit the lender to freeze or reduce your credit line under certain circumstances, such as during any period the interest rate reaches the cap.

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Q.   What are the costs of obtaining a home equity line of credit?

  

A.  Many of the costs in setting up a home equity line of credit are similar to those you pay when you buy a home. 

For example, these fees may be charged:
  • A fee for a property appraisal, which estimates the value of your home;
  • An application fee, which may not be refundable if you are turned down for credit;
  • Up-front charges, such as one or more points (one point equals one percent of the credit limit);
  • Other closing costs, which include fees for attorneys, title search, mortgage preparation and filing, property and title insurance, as well as taxes; and
  • Yearly membership or maintenance fees.

You also may be charged a transaction fee every time you draw on the credit line.

You could find yourself paying hundreds of dollars to establish the plan. If you were to draw only a small amount against your credit line, those charges and closing costs would substantially increase the cost of the funds borrowed.

On the other hand, the lender's risk is lower than for other forms of credit because your home serves as collateral. Thus, annual percentage rates for home equity lines are generally lower than rates for other types of credit.

The interest you save could offset the initial costs of obtaining the line. In addition, some lenders may waive a portion or all of the closing costs.

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Q.   Should I obtain a  home equity line of credit or a traditional
second mortgage loan?

  

A.  If you are thinking about a home equity line of credit you might also want to consider a traditional second mortgage loan. This type of loan provides you with a fixed amount of money repayable over a fixed period. Usually the payment schedule calls for equal payments that will pay off the entire loan within that time.
TIP TIP: Consider a traditional second mortgage loan instead of a home equity line if, for example, you need a set amount for a specific purpose, such as an addition to your home.

In deciding which type of loan best suits your needs, consider the costs under the two alternatives. Look at the APR and other charges.

TIP TIP: Do not simply compare the APR for a traditional mortgage loan with the APR for a home equity line--the APRs are figured differently. The APR for a traditional mortgage takes into account the interest rate charged plus points and other finance charges. The APR for a home equity line is based on the periodic interest rate alone. It does not include points or other charges.

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Q.   How should I determine which of several loan alternatives is best?

  

A.  Use the legally-required disclosures of loan terms to compare the costs of home equity loans.

The Truth in Lending Act requires lenders to disclose the important terms and costs of their home equity plans, including the APR, miscellaneous charges, the payment terms, and information about any variable-rate feature. In general, neither the lender nor anyone else may charge a fee until after you have this information.

You usually get these disclosures when you receive an application form, and you will get additional disclosures before the plan is opened. If any term has changed before the plan is opened (other than a variable-rate feature), the lender must return all fees if you decide not enter into the plan because of the changed term.

Credit costs vary. By remembering two terms, you can compare credit prices from different sources. Under Truth in Lending, the creditor must tell you—in writing and before you sign any agreement—the finance charge and the annual percentage rate.

The finance charge is the total dollar amount you pay to use credit. It includes interest costs, and other costs, such as service charges and some credit-related insurance premiums.

For example, borrowing $100 for a year might cost you $10 in interest. If there were also a service charge of $1, the finance charge would be $11.

The annual percentage rate (APR) is the percentage cost (or relative cost) of credit on a yearly basis. This is your key to comparing costs, regardless of the amount of credit or how long you have to repay it:

Example

Example: You borrow $100 for one year and pay a finance charge of $10. If you can keep the entire $100 for the whole year and then pay back $110 at the end of the year, you are paying an APR of 10 percent. But, if you repay the $100 and finance charge (a total of $110) in twelve equal monthly installments, you don't really get to use $100 for the whole year. In fact, you get to use less and less of that $100 each month. In this case, the $10 charge for credit amounts to an APR of 18 percent.


All creditors—banks, stores, car dealers, credit card companies, finance companies— must state the cost of their credit in terms of the finance charge and the APR. Federal law does not set interest rates or other credit charges. But it does require their disclosure--before you sign a credit contract or use a credit card--so you can compare costs.

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