What Can I Do if My Account Is Reported Incorrectly On My Credit Report?

The NFCC often receives readers questions asking us what they should do in their money situation. We pick some to share that others could be asking themselves and hope to help many in sharing these answers. If you have a question, please submit it on our Ask an Expert page here.

This week’s question: I entered into a payment agreement with my credit card company but they still charged off my account. They are not reporting to the credit agencies that my account on a payment plan. Are they doing this because the government has some sort of assistance plan and pays them for charge offs? Is this legal? Should I reach out to another authority?

It’s quite possible that many consumers find themselves in a similar situation. However, your situation depends on the nature of the payment arrangement and the status of the account when the plan started.

The Details of Your Agreement

If you entered a temporary hardship program, it would most likely have been designed to allow for flexible repayment without any danger of falling further behind. If the account was past due at the time the temporary payment plan went into effect, it would remain in that same status if paid as agreed according to the negotiated terms. Temporary programs are exactly as labeled, so when the payment arrangement ends, the expectation is that you would resume regular payments. Otherwise, if what you agreed to was a long-term restructuring of the account, you should have been provided documentation by the creditor.

Either way, having the terms of the repayment agreement in writing would be most helpful if a formal dispute of the account status is filed.

Disputing Your Account

Besides going to the creditor, you can dispute the status of how the account is being reported by contacting the credit bureau directly. Only file the dispute with the credit bureau or bureaus displaying account information you believe to be incorrect. The dispute would need to be based on the most recent copy of your credit file, which could be obtained for free by visiting https://www.annualcreditreport.com/index.action. You can start your dispute directly on the credit bureaus’ websites, by phone or mail, and you can expect to have a resolution within 30 days.

If all else fails and you still feel that your account is being mismanaged or incorrectly reported, you may want to consult an attorney with your local legal aid office.

Additional Resources

For more information about charge-off accounts and debt collection, feel free to browse our library and other resources. You can start by reading about the details of a charged-off account here: https://www.nfcc.org/resources/blog/ask-expert-charged-off-account/

I would also recommend speaking with a nonprofit credit counselor to identify some long-term solutions to any debt challenges you may continue to face. The easiest way to connect is to visit  https://www.nfcc.org/locator/ or call 800-388-2227.

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Ask an Expert: Should I Settle My Car Loan?

The NFCC often receives readers questions asking us what they should do in their money situation. We pick some to share that others could be asking themselves and hope to help many in sharing these answers. If you have a question, please submit it on our Ask an Expert page here.

This week’s question: I had a car repossessed 2 years ago and the finance company recently sent me a letter offering me a settlement offer that would allow me to settle my account in full. The amount they are willing to accept is about 30% of the balance owed. How should I go about rebuilding my credit and resolving this repo? I’ve heard that paying a settlement offer doesn’t always improve your credit.

There’s some truth to what you’ve heard about debt settlements in general. Settling your debt is usually considered a last resort strategy because of its adverse effects on credit. And creditors will notice that you breached your contract and did not pay what you owed in full. However, in some cases, settling a debt can be a permanent solution to deal with a debt that you couldn’t otherwise pay off. When you settle a debt, your account balance is brought to zero and reports as “settled in full,” allowing you to start rebuilding your credit.

How a Settlement Affects Your Credit

When it comes to how a particular action affects your credit, there’s no way to determine how much your score can increase or decrease. It all depends on how high your credit score is when the event happens. The higher the score, the more severe the damage. Since you defaulted on your loan two years ago, there’s probably some extensive damage in your credit already. This includes a history of missed loan payments, the defaulted loan and any collection activity on this account. Although paying a loan in full would be the best alternative, it won’t give you the credit boost you expect. Your negative credit history will remain on your credit report for seven years after the day of the last activity on your loan. So, in comparison, a debt settlement would be a better option than not paying at all, and depending on your credit, slightly worse than paying your car in full.

Another thing to keep in mind when considering if settling this loan is right for you is that credit scoring models favor recent information more favorably. So the adverse effect of any negative information you have on your credit reports will diminish as time goes by.

Debt Settlement Beyond Your Credit

Most people worry about how debt settlements will impact their credit. But, settling debts have far-reaching consequences that could be costly to consumers. Whenever a lender forgives a portion of your debt greater than $600, the IRS will collect taxes on the forgiven amount. After you pay the debt, the lender will send you a Form 1099-C with details about the forgiven debt. To determine how this could affect you, ask a certified tax advisor.

Start Rebuilding Your Credit Today

Improving your score after a repossession will take time. It would be best if you focused on adding new positive monthly activity to your credit reports. The most important thing to do is to always pay all your other accounts on time and focus on keeping your credit card balances low. You should also avoid getting new credit unless it’s essential. Your credit journey and rebuilding strategy will be unique to you and your current circumstances. So, I encourage you to work with an NFCC Certified Financial Counselor to review personalized strategies and create a plan to find the right solution for you. Good luck!

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How to Remove FedLoan Servicing From Your Credit Report

FedLoan Servicing is a company that manages federal student loan repayments on behalf of the U.S. Department of Education.

If you’re reading this, you’ve probably been contacted by this student loan servicer about a federal student loan repayment.

Or maybe FedLoan Servicing has appeared on your credit report in which case you could have loans in default.

How to Deal with FedLoan Servicing

I’m guessing you’re here for one reason: To find out how to remove the collections from your credit report because it recently appeared — possibly for no apparent reason.

Know Your Rights

If FedLoan Servicing has been calling you, you should first let the company know you’re aware of your rights as stated in the Fair Debt Collection Practices Act.

This law prevents any company from calling you several times a day, calling you at work, or calling you at odd hours.

Communicate In Writing

The Fair Debt Collection Practices Act also gives you the right to deal with FedLoan Servicing only in writing.

I always recommend exercising this right because it protects you from unwanted phone calls, and it gives you a built-in paper trail.

Legitimate debt collectors like FedLoan Servicing will not intentionally violate your rights.

But many debt collection agents will let your ignorance of your rights work to their advantage.

This works a lot better over the phone, so switching the dialogue to snail mail (or email) can help protect you.

Request a Debt Validation

Anytime you’re dealing with a collections account you can ask for debt validation. This means you’ll ask the debt collector to prove you owe the money.

Ideally, you’d do this the day you hear from FedLoan Servicing for the first time. During the first 30 days in collections, a debt collector will have to stop trying to collect the debt while it validates your debt.

If you’re having trouble figuring out how to word your validation letter, feel free to use my debt validation letter template to get an idea of what to say.

Perhaps you’ll get lucky and the debt collector won’t be able to provide the proof of debt you requested.

If so you’d have a chance of getting this negative entry removed from your credit report.

But FedLoan Servicing will likely be able to validate your debt and you’ll need another way to resolve this debt.

Why Am I Hearing From FedLoan Servicing?

When you owe FedLoan Servicing money, it’s because you took out a federal student loan for college, and it’s time to start repaying the loan.

If you’re getting phone calls from FedLoan Servicing you’re probably behind on your monthly payments.

If FedLoan Servicing appears on your credit report, you probably have made late payments or your account could even be in default.

It’s also possible this loan servicer has made a mistake and has reported you to the credit bureaus in error.

Get a Free Copy of Your Credit Report

What To Do If You’re Behind on Monthly Payments

If you’ve fallen behind on your payments, you have several ways to fix the problem. Federal student loans come with a lot of repayment flexibility. You could:

Apply for an Income-Driven Repayment Plan: You’ll need to prove your income but you could qualify for lower payments if you have a lower-paying job. The best part: After 20 years your remaining principal balance can be forgiven.
Look for Student Loan Forgiveness Programs: When you work in some professions such as teaching or nursing, you can find student loan forgiveness programs that can eventually erase your balance. Often these programs serve people who work in at-risk communities or rural areas.
Seek a Deferment: If you’re back in school or experiencing financial or medical hardship you can ask about a deferment for your student loan debt. This will effectively freeze your loans for a while.
Opt for Forbearance: Forbearance works like a deferment — except your interest rate continues to add to your loan balance. Forbearance is a temporary solution while you make other plans.
Consolidate Your Loans: Loan consolidation could be an option if you have multiple loans with different loan service providers. This could simplify your monthly payments and hit the re-set button on your repayment plans.
Refinance with a Private Lender: A student loan refinance could lower your payments if you can get a better interest rate. However, with a private lender, you could lose many of the flexible repayment options federal loans offer.

What to Do If You’ve Defaulted On Student Loan Debt

Once your loans have been past due for six months or so, FedLoan Servicing may place your loans in default.

When this happens, the service provider will want you to pay off the entire balance in order to resolve the account. Obviously, if you could have paid off the loans you wouldn’t have let them default.

So this is a tough situation to find yourself in because your credit score will take a lengthy hit. You could also be the subject of a civil lawsuit which could even result in wage garnishment.

Because of the Covid-19 pandemic, the federal government has stopped collecting on defaulted student loans, but this is a temporary measure.

Student loan servicing companies like Great Lakes, Nelnet, Navient, and FedLoan Servicing will eventually resume debt collections.

To rehabilitate a defaulted student loan you’ll need to consolidate or refinance the debt. This could lower your student loan payments but it won’t necessarily fix your credit score.

Check with the Federal Student Aid website, studentaid.gov, for more specific details about rehabilitating or refinancing defaulted student debt.

The site has strategies for direct loans and tips for dealing with different federal student loan servicers.

How to Avoid a Student Loan Debt Default

Try to avoid entering a default if possible. Before you default, you can work out agreements with FedLoan Servicing that aren’t possible once your account has accelerated.

For example, student loan servicers automatically provided coronavirus relief deferments for borrowers in the spring of 2020.

You can avoid defaulting on your student loans by:

Communicating: Even if you can’t pay a monthly payment, don’t ignore the problem. Get in touch with FedLoan Servicing to let them know about your financial trouble. The servicer could change your due date or help you into an income-driven repayment plan, for example.
Updating Contact Information: If you move or change phone numbers, remember to let FedLoan Servicing know. You don’t want to default on a loan because you didn’t get payment reminders or statements. This is a problem for many students who graduate, move to a new address, and don’t know exactly when their grace period ends.
Borrowing Less: If you’re still in school, be sure to exhaust all grant programs, scholarship opportunities, and financial aid — anything to depend less on borrowing. You’ll thank yourself later!
Keeping Public Loans Public: Refinancing with private student loans can be tempting, especially if you can lower your interest rate. But if you think you’ll ever need help repaying your loans you should stick with federal student loans.
Opt for Direct Debit: FedLoan Servicing’s Direct Debit program can lower your interest rate by 0.25 percent and also help keep your repayment plan on track by scheduling automatic payments.

Look Into Public Service Loan Forgiveness Program

As of now, FedLoan Servicing is among a few federal student loan service providers that offer the public service loan forgiveness (PSLF program).

If you work in the public sector you could get your loan’s principal balance forgiven after making 120 qualifying payments.

That’s still 10 years worth of payments, but the interest savings can be substantial.

FedLoan Servicing also works with the TEACH Grant program which can help teachers in some areas get debt relief.

How to Contact FedLoan Servicing

FedLoan Servicing is part of the Pennsylvania Higher Education Assistance Agency (PHEAA) but it provides services to borrowers across the country on behalf of the U.S. Department of Education through its website, myfedloan.org.

You can write this servicer at:

FedLoan Servicing
P.O. Box 69184
Harrisburg, PA 17106

You can also call toll-free at: 1-800-699-2908 from 8 am to 9 pm Eastern time on weekdays.

How to Complain About FedLoan Servicing

If you think FedLoan Servicing has violated the Fair Debt Collection Practices Act, you can reach out to the Consumer Financial Protection Bureau (CFPB) which regulates debt collections.

Your state’s attorney general’s office may also have resources. The Federal Student Aid (FSA) website can help, too. You may need to provide your FSA ID and log-in information to get help.

FedLoan Servicing gets more than its fair share of complaints, especially when it comes to credit reporting.

You can also complain to FedLoan itself. Look for the Office of Consumer Advocacy on the servicer’s site.

How Can I Get a New Servicer for My Student Loans?

Unfortunately, borrowers can’t control which company gets assigned to service their student loans.

If you’d like to have a new servicer, you’ll need to consolidate your loans or refinance them with a private lender. Always research the new private lender carefully before refinancing.

What If FedLoan Servicing Reports Credit Inaccuracies?

Credit reporting errors could wreck your credit score. If FedLoan Servicing has inaccurately reported late payments or non-payment on your credit report, you should get these negative items removed.

First, log into your FedLoan Servicing online account, or find your latest statement, to see your account’s current standing.

If your FedLoan account shows inaccurate missed payments or late payments, try to solve this problem first.

If you don’t, the negative items will simply reappear on your credit report the next month.

If your online account is current then FedLoan has probably reported derogatory marks by accident. You should contact the servicer’s customer service department and ask it to remove the negative items.

FedLoan Servicing Is Not a Scam

You’re getting phone calls from FedLoan Servicing because this debt collector shows you owe money on your student loans.

The debt will not go away on its own so simply ignoring the phone calls and letters will make the problem worse.

Answer the calls, exercise your right to control how FedLoan contacts you, and then look for the best way to manage the debt whether it’s consolidation, deferment, an income driven repayment plan (IDR) or some other solution.

Or, if you have inaccuracies on your credit report, you should deal with these right away, too.

Need More Help? Seek Professional Help.

Some borrowers prefer hiring a professional who knows how to remove FedLoan Servicing from your credit report.

If you decide to go this route, I suggest you check out Lexington Law Credit Repair. They’ll take care of you. Check out their website.

Credit repair companies can speed up the process of removing negative items from your credit report — if they result from errors.

If you legitimately owe the money, credit repair can’t help.

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Ask an Expert: How to Dispute Inaccurate Debt Collection Information on Your Credit Report

Question: I have an original debt dating back 8 years. I refused to pay the debt due to overcharging my account. A few years ago, my debt was sold to a debt collector, and they are now reporting to credit bureaus as deliquent. We have agreed to terms on the settlement under the conditions they remove it from my credit report completely. They said they will update it as settled.

My question is as follows I read that after 7 years (and 180 days) after the last payment was posted, a debt cannot be reported to my credit report, via original creditor, or the collection agency who bought my debt. If this is true, how can i get this removed? It’s only showing up as 4 years on my credit report due to the collection agency reporting the debt.

Dear Reader,

You are correct, charged-off accounts and collections will stay on your credit report for up to seven and a half years after the date of the last reported activity. In this case, it’s the date when your account became delinquent. Debt collectors cannot legally re-age an account just because they bought it from the original creditor or another collection agency. The only circumstance in which this could happen is if the collection became current because you resumed payments and then it became delinquent again. If that’s not your case and your debt is well over eight years old without any activity during that period, it should not be in your credit report.

Creditors or collectors are not allowed to report inaccurate information to your credit reports, and under the Fair Credit Reporting Act, you have a right to have it removed. To do so, you can start a dispute with each one of the credit bureaus, Equifax, Experian, and TransUnion. Your first step is to get copies of your credit reports to submit as part of your dispute process. You can get free copies of your credit reports once every 12 months at Annualcreditreport.com or request them from the credit bureaus for a fee.

Then, get ready to start the dispute process. You can file your dispute through the credit bureaus’ website, over the phone or by mail. The easiest and fastest way is to do it online. Whichever route you go, you will have to provide personal information, a description of the information that needs to be corrected, and documentation to back your claim. In your case, anything that documents the original delinquency date with the original debtor. Credit bureaus have 30 days to investigate your claim and provide you with a written resolution. If your claim is validated, they will also send you a copy of your updated credit report.

If the result is not what you were hoping for, reach out to the collection agency. Ask them to report the accurate delinquency date of your account to the credit bureaus and remove the collection account. You mentioned that they have agreed to report your account as settled, which is different than having it removed from your report. That just means that they are reporting that the account was paid for less than it was owed, which is not great, but it shouldn’t matter since the account should not be included in your report. Like the credit bureaus, the collection agency has 30 days to investigate and respond to your dispute.

Most disputes dealing with removing inaccurate information get resolved smoothly. Make sure you follow the steps and provide all the necessary documentation to back your claim. Having a negative account removed from your credit report can give you score a boost and help you get your credit ready to buy a house in the near future. Good luck!

Sincerely, 

Bruce McClary

 

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AskanExpert: Should I Pay Off a Debt in Collections and Will it Help My Credit?

Question: I have two debts I owe, each for about $200.One is a phone bill and the other from a water service company. Both debts have been sold to a collection agency. Should I pay both? One gave me an offer settle for less and they will clear it, but should I do that or should I pay in full? Will it help fix my credit or not? I just read not to give a collection agency any of my bank info. What kind of proof of payment should I get and what is the best method to pay?

 

Dear Reader,

Paying your debts in full is always the best way to go if you have the money. The debts won’t just go away, and collectors can be very persistent trying to collect those debts. Before you make any payments, you need to verify that your debts and debt collectors are legitimate. You should ask both collection agencies for a written debt validation. Under the Fair Debt Collection Practices Act, you are granted protections against collectors, so it’s important that you keep track of your communications with the collectors in writing. Under the law, the collection agency has to verify your debt within 30 days. This letter should include information about the original debt. If the collector fails to provide you with this verification, they can’t legally collect that debt or report it to the credit bureaus. If they validate the debt, then you should plan your repayment strategy.

If you want to accept the collector’s offer and settle for less instead of the full amount, get the offer in writing and make sure it clearly states their commitment to remove the collection account from your credit reports as soon as the debt is settled. It’s a good idea to ask collectors to include a “pay for delete” incentive when you are paying off a debt because it can help you boost your credit score as soon as the account is removed. Collectors are not required to agree to it, and many don’t even offer it, but it’s worth a try. If you are settling your debt, at least try to get them to report your debt as “paid in full” rather than “settled for less than the full balance.” Having your collections listed as paid in full in your credit report is more favorable than having your debts paid for a fraction of what you owed. So, in your case, if the collector is offering to remove the debt with a partial payment, settling the debt should not have a negative effect on your credit.

When it comes to making your payment, your best options are cashier checks or money orders. As a general rule, it is a safe decision not to share your banking or debit card information with collectors. Providing that information leaves you potentially vulnerable to having additional funds withdrawn with little notice, either by mistake or intentionally. Whatever form of payment you choose, make sure you can keep track of it. After you pay, check your credit reports to verify that the collectors have upheld your agreement. Your credit report is updated monthly, so make sure you give yourself enough time. Until April of 2021, you can get free copies of your credit reports once a week at Annualcreditreport.com. Beyond that, your credit reports will be available once every 12 months at no cost.

Paying your debts in full is a great way to begin rebuilding your credit, and you should see an increase in your score over time if you practice healthy financial habits. However, how that journey plays out depends largely on your current credit history. If you want to focus on learning how to rebuild your credit, don’t hesitate to look for help. There are plenty of resources online, and if you would like a more personalized approach, you can always talk to a certified credit counselor from a nonprofit agency over the phone or online. Good luck!

Sincerely, 

Bruce McClary, Vice President of Communications

Bruce McClary is the Vice President of Communications for the National Foundation for Credit Counseling® (NFCC®). Based in Washington, D.C., he provides marketing and media relations support for the NFCC and its member agencies serving all 50 states and Puerto Rico. Bruce is considered a subject matter expert and interfaces with the national media, serving as a primary representative for the organization. He has been a featured financial expert for the nation’s top news outlets, including USA Today, MSNBC, NBC News, The New York Times, the Wall Street Journal, CNN, MarketWatch, Fox Business, and hundreds of local media outlets from coast to coast.

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