Archives for "Student Loans"
Credit Repair: A Fresh Start
Life is Unpredictable
There are innumerable reasons people fall behind on their bills. Getting back on your feet after a period of financial challenge can be hard. But if you take the proper steps you will not only succeed, but emerge stronger than ever. Here are some awesome credit repair tips along with some advice on organizing your efforts.
Post Bankruptcy Cleanup
If events of your life led to the necessity for bankruptcy, don’t feel bad. You are not alone. And if you make sure your credit report reflects the bankruptcy properly, your credit scores will suffer only a minimal impact.
Once a bankruptcy is complete the items that were discharged should no longer report as collections, charge offs, or with past due balances. If you ignore your credit reports after a bankruptcy these items can linger and continue to weigh down your credit scores for years to come. Post-bankruptcy credit repair is easy. Make a copy of your bankruptcy discharge, along with the schedule of items included, and send it to all three credit bureaus requesting them to clean up each effected item.
Student Loan Problems
Student loans are unique among all other liabilities. It is almost impossible to discharge a student loan in bankruptcy, and there is no statute of limitations for collectability. Unlike old credit card debt, you can’t just wait out the next few years until it goes away; student loan debt is here to stay. It is for this reason that we suggest to our customers that they pick up the phone and deal with it right away.
But there is good news. First, the law requires that student loan lenders accommodate borrowers by making repayment as flexible and affordable as possible. And second, there is assistance available to help you understand your rights. If you are having any kind of issues with your student loans, if they are currently past due, or even long since in default, please call the Student Loan Ombudsman Office at (877) 557-2575. Call today!
Credit Card Re-Aging
If you are currently behind on credit card payments and are working hard to catch up there is a way out. There is a little known procedure offered by credit card issuers known as “re-aging.” This procedure will allow you to convert your past due balance into a current balance, and will eliminate the entire history of late payments on the account. That’s right! Once the process is complete your account will be entirely current, and will show on your credit report as if there had never been an issue. This is a super effective credit repair technique!
Here are the rules. The account in question must have been open for at least nine months. For your part, you must offer to make three on-time payments. Re-ageing is designed for people that have been through a period of hardship and are now ready to get back on track; so you need to be in this category, and you must communicate this to the credit card company.
Just call the credit card issuer and tell them that you are interested in their re-aging policy. Some card issuers refer to this process as “curing”. If the person you are speaking with does not know what you are talking about, please ask for their supervisor. I suggest that you organize your thoughts before you call. Remember to tell them that your life has changed and you are going to be a great customer!
Budget Thoughts
An intelligent credit repair effort can make a world of difference. But in the long run, the key to maintaining great credit is living within your means. Life will not always cooperate with your attempt to stay on a budget, but the more careful you are to plan your finances while times are good, the more resilient you will be when unforeseen circumstances arise.
Organizing a budget requires a bit of careful thought – and a pen and paper! You will need to consider all of your monthly expenses. Make sure to include everything, rent, mortgage payments, utilities, auto expenses, food, etc. Knowledge is power. Too many people lose control of their finances simply because they don’t take the time to know what their commitments are. Only when you know your limits can you make reasonable decisions about what to purchase, or what amount of new debt is manageable.
Savings Tips
While you are contemplating your budget, make an allowance for savings. In the long run savings will be the most important contributor to financial stability. Make a habit of setting aside money. Savings leads to confidence and peace of mind. In time your savings will provide the foundation of unshakable credit that is capable of withstanding all of the events of life. Good luck!
Copyright © 2007 Sky Blue Credit. All Content. All Rights Reserved.
Credit Repair Essential Guidelines
Let’s Get to Work!
We speak with people all day long about their credit reports. Here is a review of the most common questions that we encounter about reporting periods for derogatory information, as well as guidance on resolving the related issues. These details, if properly understood and acted on, can make a significant difference in your credit score.
A Point of Caution
The following information involves the reporting periods for derogatory information on your credit report. In all cases, creditors are responsible for recording the commencement date of the reporting period. This date is coded in the credit file that is furnished to the credit bureaus, and eventually will tell the credit bureaus when to cease reporting. This commencement date is supposed to be inherited by subsequent collectors as well. In actual practice, neither creditors nor collectors are completely diligent in reporting or maintaining these important dates, hence the need for credit repair. Consumers are well advised to monitor old derogatory information to insure that it ceases reporting on schedule.
Chapter 7 Bankruptcy
A discharged Chapter 7 bankruptcy will show in the Public Records section of your credit report for 10 years from the initial filing date – please note that the filing date is different from, and prior to, your discharge date.
Debts that are discharged in a bankruptcy can continue to report for seven years. Handy credit repair tip! Once a debt is discharged it should not report with a past due balance, or as a charge off, or in a collection status; this derogatory information should be removed.
Dismissed Chapter 7 bankruptcies will report for ten years. A dismissed bankruptcy is a bankruptcy which was filed and thereafter canceled or disallowed.
Chapter 13 Bankruptcy
A Chapter 13 bankruptcy which has been completed will continue to report for seven years from the initial filing date, rather than the discharge date.
A Chapter 13 bankruptcy which was not completed will continue to report for seven years from the initial filing date.
Bankruptcy and the Fair Credit Reporting Act – A Legal Note
It may be of interest to note that the only reference to bankruptcy in the Fair Credit Reporting Act is a blanket rule that limits the reporting time to 10 years following the filing date. See § 605. [15 U.S.C. §1681c] (a). The credit bureaus, however, voluntarily make exceptions for Chapter 13 bankruptcies as noted above.
Collections – Overview
Collections are unique for the reason that they typically change hands, often several times during their lifetime. Important credit repair tip! Please note that only one collector at a time can legally report the debt; and only the collector that owns the debt can legally report it. All duplicate collection accounts for the same debt should be deleted from your credit report.
Collections can report for seven years plus 180 days from the original default date. The original default date is defined as the first time that you missed a scheduled payment prior to entering into a collection or charge off status. The original default date always begins with the original creditor and cannot be reset, nor can the reporting period ever be extended by subsequent collectors.
Charged Off Credit Cards – A Tip
Once a creditor has passed a charged off account to a collector they cannot report a past due balance. The balance should report as zero; the charged off amount may report on a separate line.
Unpaid Judgments
Unpaid judgments can continue to report for seven years or until the governing state statute of limitation has expired, whichever is longer. You need to check your state statute of limitations to know for sure. State statute of limitations for judgments range from 4 years (PA) to 21 years (OH), and in some cases may be renewed one or more times.
Paid Judgments
Paid judgments can report for seven years from the initial filing date. This is handy to know if you are in a credit repair program; you may quickly remove a judgment from your report if you are willing to pay it, as long as the original filing date is seven years old. For legal support see FTC Official Staff Commentary § 605(a)(2): “Paid judgments cannot be reported for more than seven years after the judgment was entered, because payment of the judgment eliminates any “governing statute of limitations” under this subsection that might otherwise lengthen the period.”
Tax Liens
Paid tax liens may not report more than seven years beyond the date of payment. Unpaid tax liens may report as long as they are in effect. If you are in doubt consult a CPA or tax attorney.
Student Loans
Late payments on your student loans will cease reporting after seven years. Defaulted student loans are another story…
A 1991 amendment to the Higher U.S. Department of Education Act lifted all time limits for collection of student loans. The reporting of defaulted student loans on your credit report can now go on forever. In addition, a 1998 change in federal law made it virtually impossible to discharge a student loan in bankruptcy.
If you are in default on a student loan you are well advised to address the issue, sooner rather than later. Fortunately, there are excellent rehabilitation and consolidation programs now available to everyone. These programs offer affordable repayment options and can even erase the default status from your credit report! This can prove to be a painless and powerful step for anyone in a credit repair program. Explore your options today with the Student Loan Ombudsman Office at (877) 557-2575.
Copyright © 2007 Sky Blue Credit. All Content. All Rights Reserved.
Resolving Defaulted Student Loans
The Time to Act is Now!
Do you have defaulted student loans? The government has an impressive array of tools for collecting on defaulted student loans. Fortunately, the law also provides you with a way to cure the problem starting right now!
There is Still Hope!
There is no statute of limitation for collection of student loans. Forget about hiding out until the collectors give up and fade away. They will hunt you down forever. And to make it worse student loan collectors have special powers that can make your life a misery. Fortunately federal law provides a variety of options that will aid your credit repair effort, help you stop collectors, and even come out ahead!
It’s Up To You
If you take action you can stop collectors, reduce your payments, and have the student loan default status removed from your credit. But you have to initiate these efforts. If you don’t take action no one will help you and the situation will get worse. Are you are involved in a credit repair program? You have everything to gain by acting today. Let’s take a look at the powers the government has, and then explore the tools that you can use to put an end to the hassles once and for all.
Say Goodbye to Your Tax Refunds
If you are in default and have a tax refund coming you should expect it to be taken by the government. This is a virtual guarantee. If you want to avoid this action while you determine your options, you should act today to eliminate your next tax refund so that there is nothing to seize. This is easily done. Just decrease the amount of income withheld by your employer, or reduce your estimated tax payments if you are self-employed.
The Paycheck Surprise
Student loan collectors now have the right to garnish your wages without a court order. At the moment they are allowed to seize the lesser of 15% of your disposable income, or the amount of your disposable income in excess of $154 per week.
Social Security is Now Fair Game
In 1996 a law was passed allowing student loan collectors to seize the Social Security income of student loan defaulters. But there are limits to the amount that can be seized. The first $9000 per year, or $750 per month, is safe. And under all circumstances there is a limit of 15% of your total benefits that can be taken.
Cancellation of Student Loan Debt
It is theoretically possible to cancel your student loan debt if you had serious trouble with your school (such as it closing down while you were enrolled), if you became totally and permanently disabled after you took out the loan, or by convincing a judge to dismiss the debt in bankruptcy. If you pursue one of these options you should expect to be faced with extreme documentation requirements and slim odds of success. I’m sorry to say that after almost twenty years of counseling people on credit repair I have never seen anyone succeed in canceling their student loan debt. Fortunately there two easy methods of resolving your student loan problems that will help you stop collection efforts and establish a reasonable, affordable payment plan.
Student Loan Consolidation
There are two types of consolidation plans available based on the type of student loan you have. Most student loans are either FFEL loans (Federal Family Education Loans) or Direct Loans. FFEL loans are given by banks or institutions and guaranteed by the government, Direct Loans are obtained through your school, but come directly from the government. Stafford Loans, Guaranteed Student Loans, and Plus Loans may be either FFEL or Direct Loans. The FFEL plan requires that you pay at least the interest due each month. The Direct plan has no set minimum. You can qualify for the Direct plan if you have at least one Direct Loan, even if all of the others are FFEL loans. Are you in a credit repair program and considering your options, but are concerned about your budget? Both plans offer the possibility of up to three years forbearance (no payments) after consolidation.
Rehabilitation
Rehabilitation, unlike consolidation, will not allow you to combine your existing loans into a single new loan, but it does have the benefit of eliminating the default status from your credit report, which makes it attractive for those in credit repair programs. Like consolidation you have the right to request a payment plan that is affordable to you. Rehabilitation requires a trial period where you will be expected to make nine of your next ten payments on time. Once you have completed the trial period your loan will be sold to a new lender and the default status removed from your credit report.
Getting Started
Before approaching your lender or collector to discuss your choices I strongly recommend that you contact one of the resources established to provide guidance on these issues. Please contact the Student Loan Ombudsman Office at (877) 557-2575, or the Federal Student Aid Information Center at (800) 4FED-AID to discuss your rights.
Copyright © 2007 Sky Blue Credit Repair. All Content. All Rights Reserved.
Credit Repair: Student Loans
A Tough Spot
There is no statute of limitation for collection of defaulted student loans. And unless you are totally and permanently disabled, there is no way that you can discharge your student loans in a bankruptcy. What to do? Here are some insights and a couple of fantastic solutions.
The Default Story
Legally, a default occurs the first time you fail to make a payment when it is due. But if you fail to make your student loan payment for 180 days, your loan will enter the “official” default status and take on a life of its own. This is the point at which the lender will report your student loan as defaulted to the credit bureaus. It is also the point at which a long list of bad things can start to occur. Your tax refund checks can be seized and your wages can be garnished.
What Happened?
Why are student loans so different from all other debts? Well, prior to 1991 the U.S. Department of Education was empowered to collect delinquent student loans for only six years. But in 1991 an amendment to the Higher U.S. Department of Education Act lifted all time limits for collection. And the amendment was retroactive; student loans that were past the statute of limitation for collection prior to the amendment became collectible again. And to further reinforce the longevity of student loan debt, a 1998 change in federal law made it virtually impossible to discharge student loan debt in a bankruptcy.
The Reason for All This
The theory behind making sure that student loan debt can be collected forever is simple; the cost of student loans can be kept low by minimizing the number of borrowers that don’t repay. And since education, and the availability of low cost education loans, is always a political priority, it was not all that difficult to enact these changes.
The Ultimate Collectors
There is simply no way to escape the U.S. Department of Education and their army of private collection agencies that collect on their behalf. In addition, Sallie Mae, the nation’s largest student loan lender, has been purchasing collection agencies to track you down. So, what if they find you and you say you have no money? Well, the U.S. Department of Education now has the right to garnish wages, grab your tax refunds, and even seize your Social Security Checks (you read that right!), all without a court order. And, although Sallie Mae does not wield the same powers, they have started to turn over hard cases to the U.S. Department of Education to get the job done. Anyone attempting credit repair must realize that student loans must be dealt with head on, and the sooner the better.
Credit Repair Options
There are two great solutions that are designed to solve all of your student loan problems. Both of these options can stop all collection activity, lower your interest rate and payment, and reinstate your right to borrow more money for school (in case you want to go back to school). There are no qualification requirements and you are not punished for having bad credit. Everyone gets the same low interest rate. These two options are consolidation and rehabilitation. Both are a good fit with any credit repair process.
Student Loan Consolidation
Just contact the lender or collector and tell them that you would like to consolidate your defaulted loans. You will be required to make three monthly payments on time. Once you have done this you will qualify for consolidation. If you are attempting credit repair you should note that after consolidation your credit report will be updated to show the consolidated status, but the default notation will remain, like most derogatory information, for seven years. If you are in a rough patch the consolidation program allows for up to three years forbearance. Ask your lender for details. My focus has been on defaulted student loans, but it may be handy to note that you do not need to be in default to enjoy the benefits of consolidation.
Rehabilitation
This is a slightly longer process, but has the extra benefit of removing the default status notation from your credit report. To rehabilitate your loan you need to make nine to twelve consecutive on-time payments (depending on which type of student loan you have). Once you have completed this process your loan is considered “seasoned” and is sold to a new lender, and the default is wiped off of your credit. Once done, it is like it never happened. If you are attempting credit repair you should note that your payment history, including any late payments that you made, will remain, but your credit score will benefit from the removal of the default. Borrowers are allowed to rehabilitate a defaulted student loan one time only. As always, contact your lender to discuss the details.
Copyright © 2007 Sky Blue Credit. All Content. All Rights Reserved.