CREDIT REPAIR SERVICES- Credit Laws That are on Your Side to save.

CREDIT REPAIRE

Use Your Credit Clout: Credit Laws That are on Your Side
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With all the talk in Congress over possible new credit card rules and regulations, you may not be aware
that some credit laws have been around since the 1970’s and give you some serious credit clout -- if you
know how to use them. Here are the top ways you can exercise your credit rights:

I Didn’t Charge That: Your statement arrives in the mail (or by email) and you discover a charge that
you didn’t make. Under the federal Truth in Lending Act, you are not responsible for more than $50 in
unauthorized purchases if you report the error within 60-days of receiving the account statement. You
will have a difficult time getting the credit card company to investigate if you wait. Your best bet is to
call the card issuer to let them know that a thief is using your card. Always follow up that phone call with
a letter sent certified mail so you have a record that it was received. By the way, most credit card issuers
waive the $50 “co-pay” if you notify them promptly after your card was compromised. And if your card
number was stolen and used without presenting the card (over the Internet, for example), you cannot be
held responsible for that $50 under the same law.

The Bill is Not in the Mail: If your credit card bill doesn’t arrive by mail (or email) as scheduled, don’t
just assume you are off the hook for that month. If you notify the issuer in writing within sixty days of the
date it should have been sent to you, you’ll be protected by the Fair Credit Billing Act (FCBA) and the
issuer won’t be able to charge you interest solely as a result of the error. If you call the issuer, remember
to follow up in writing or you aren’t protecting your rights. Your letter should be sent to the address for
billing errors and inquiries on your statement and should never be sent with a payment.

The Goods Aren’t in the Mail: Also worth mentioning is your right under the FCBA to dispute a charge if
the goods or merchandise you ordered are not delivered as promised. Let’s say you order a laptop online
and it never arrives. Or perhaps it is different than what was promised. Either way, you can “assert a
billing error,” which means you can write to the card issuer at the address for billing errors and inquiries
(usually this address is printed on your bill) and get them involved in the dispute. They will contact the
merchant for an explanation and either tell you that they have credited your account or get back to you
with the merchant’s reply to your dispute. You don’t have to pay the disputed amount while this
investigation is underway, but you do have to pay the rest of your bill (either partially or in full).
Remember: you must put your dispute in writing. A phone call doesn’t protect your rights.

When the Debt Collector Comes Calling: Maybe you pay your bills on time, or maybe you’ve
been through a rough patch and bills fell through the cracks. Either way, if you get a collection notice in
the mail, the panic sets in fast. Relax…at least for a few minutes. Under the federal Fair Debt Collection
Practices Act, you have the right to ask the debt collection agency to verify your debt. The collectors
have to stop their work if you dispute the bill. Disputing also gives consumers protection if the collector
reports the inaccurate account to the credit bureaus. To exercise this right, send a letter to the
collection agency via certified mail asking it to verify the debt. The “verification” may be sketchy
(especially if you didn’t pay because you were fighting over a bill), so be sure to gather your evidence in
the meantime, if you have any.
Tip: If you believe you owe the debt, you may want to skip this step and just make payment
arrangements before the debt appears on your credit report. Many collectors will give you a short window
of time to pay before they report. Just make sure they first agree in writing that they won’t report it.

Old Debts Don’t Last Forever: Every state has a statute of limitations for different types of debts. If a
debt is too old and lenders or collectors try to sue, you can raise the statute of limitations as your defense
and they probably won’t succeed. If you are contacted about a debt that’s more than a couple of years
old, request verification (as we just discussed), then find out your state’s statute of limitations for that
debt. If it is too old, send a certified letter explaining that you know it’s outside the statute of limitations
and ask the collector to leave you alone. Keep a copy for your records, in case it pops up later with
another agency. Watch out: don’t send a token payment just to make a debt collector leave you alone.
Paying or agreeing to pay on a debt may start the statute of limitations over again.

Yes, it’s Truly Free: Under the Fair and Accurate Credit Transactions Act (FACTA), you can A FREE
ANNUAL COPY of your credit report from each of the three major credit reporting agencies once a year.
It’s fairly easy, and they are truly free. Whether you stagger them out and check one every few months, or
order one from all three agencies at the same time, the price is right. So why not take advantage of it?

Debit Card Protection: If your debit card is used by a thief, you’ll want to act quickly. If you do, the
Electronic Funds Transfer Act is on your side. If you report the loss or theft within two business days after
you discover it, by law you’ll be out no more than $50 (and most issuers won’t hold you responsible for
the first $50 if you report the theft right away). Wait longer and you could be held responsible for up to
$500 in fraudulent withdrawals. If you don’t notify your financial institution of the loss within 60 days after
your statement is mailed to you, you could be out your entire account – plus any overdraft line of credit!
Make sure you keep the phone number for contacting your issuer handy in case someone uses your debit
card without your permission.

Understanding Your Debt Collection Rights

You just gave a telemarketer your credit card number. Or you owe a bank money for your new car or
family home. Maybe you are falling a bit behind on your payments, or maybe someone else claims you
are falling behind - but you're not. You may be receiving phone calls from the bank, credit card
company or collection agency. Sound familiar? No fun, is it?
There are things you can do to make sure you are a bit more in control of those pesky debt collectors.
Read our summary of the Fair Debt Collection Practices Act, passed by Congress to protect consumers
like you from illegal debt collection activities today.
15 U.S.C. §§ 1692 – 1692o
This information was updated as of June 2, 2005 and is believed to be accurate as of this date. We
assume no responsibility to update this information.
The Fair Debt Collection Practices Act (the Act) was passed by Congress to protect consumers by making
some debt collection activities illegal. Some of those practices and activities which are illegal are
described below. (15 U.S.C. § 1692e.)
Definitions used on this page:
If you owe money or use a credit card, you are a Consumer. (15 U.S.C. § 1692a(3).) Consumer also
means your spouse, parent, if you are a minor, guardian, executor or administrator. (15 U.S.C. § 1692c
(d).)
If you owe a Debt, you owe money to a Creditor for anything that you owe for personal, NOT business or
commercial purposes. (15 U.S.C. § 1692a(5); § 1692c(d).)
If you ever fall behind in paying your Creditor you may be contacted by a Collector. A Collector might
be an individual, an attorney, or a company, who ordinarily receives a payment from your Creditor for
collecting on your overdue payments. A third party Collector collects Debts owed to someone else –
your Creditor. (15 U.S.C. §1692a(6).)

How it works:
Can Collectors contact you? If, so, when can they contact you?           -------------------------------
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Can Collectors contact your family, friends or work-place?
Can you stop the Collector from contacting you?
What if you have an attorney?
What should a Collector tell you about the Debt?
What if don’t you think you owe money to the Creditor?
What if the amount is incorrect?
What if you owe multiple debts?
What happens during the 30-day dispute period?
What can a Collector say? What they may not say.
What to do if you think a Collector broke the law?

Can Collectors contact you? If, so, when can they contact you?
Yes. Collectors may contact you in person, by telephone, fax, mail, or telegram. Collectors may not
contact you at unusual times or places such as before 8:00 a.m. or after 9:00 p.m. unless you tell the
Collector that they may contact you at any time. (15 U.S.C. § 1692c(a)(1).)
In general they may not contact you if you tell them you have an attorney and your attorney is handling
your debt(s) for you. (See What if you have an attorney?) (15 U.S.C. § 1692c(a)(2).)

TIP: It would smart to keep track of all of the communication between you and the Collector including
his or her name, the date of the communication, and what you discussed. (See What should a Collector
tell you about the Debt?)
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Can Collectors contact my family, friends or work-place?
A Collector may not contact anyone else to discuss the Debt with them. Collectors may contact other
people, one time only, to find out where you live, work and what your phone number is. (15 U.S.C.
§1692c(b).)
A Collector may not:
Contact another person more than once --unless that person tells the Collector it is okay to call again; or
Tell the person he contacts that it is in the debt collection business; or
Send them a postcard or any type document with any information or marks on the envelope that may
communicate that the Collector’s purpose is to collect a debt. (See What can a Collector say? What
they may not say.)
A Collector may only make contact once with your employer. A Collector who has not contacted your
employer can send a letter asking for verification of your employment. . Collectors are not allowed to ask
your employer or co-workers personal information about you. If the Collector contacts your work-place
more than one time, for the same purpose, you may tell the Collector not to phone you at work because
your employer does not want you to receive those kinds of calls at work. (15 U.S.C. §§ 1692b-c)
Your friends and family may tell the Collector not to phone them any more after the Collector has
phoned there the one time allowed under the Act. The Collector is not allowed to continue contacting
them unless they tell the Collector to continue the contact. (15 U.S.C. §§ 1692b-c)
NOTE: Telling a Collector “don’t call,” will NOT make the Debt go away – it only prevents the Collector
from hassling you.
A Collector may contact your attorney, if you have one, and discuss the Debt with your attorney. (15 U.S.
C. §§ 1692b(6).)

Can you stop a Debt Collector from contacting you?
Yes, but only if you write them a letter telling them to stop contacting you. Be sure to keep a copy of the
letter. Once the Collector receives your letter, they may not contact you about the Debt again, except to
tell you that the Collector or the Creditor will take a specific action to resolve the Debt. (For example the
Creditor may decide to sue you to recover the Debt.) . (15 U.S.C. § 1692c; and § 1692i)
NOTE: Sending a letter to the Collector will NOT make the Debt go away.
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What if you have an attorney?
If you have an attorney helping you settle your Debt, tell the Collector the name of your attorney. If you
prefer that your attorney handle the situation, you can tell the Collector not to contact you again. The
Collector will not contact you again unless your attorney gives the Collector permission to contact you,
or unless your attorney fails to respond to the Collector in a reasonable amount of time. (15 U.S.C. §
1692b(6).)
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What should a Debt Collector tell you about the Debt?
The Collector has 5 days after the first contact with you to:          -----------------------------------
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Notify you in writing that you owe the Creditor money;
Notify you of your right to dispute the Debt.
The written notice must include:
Amount of the Debt;
Name of the Creditor;
Your right to dispute, all or part of, the Debt, in writing, within 30 days of you receiving the notice.
NOTE: The 30 day time frame starts running on the day you receive the notice NOT the date of the
letter or the postmark)
(See also What if you don’t think you owe money to the Creditor?)
(15 U.S.C. §1692g.)
NOTE: The purpose of this part of the Act is to help Consumers who might have been mistaken or
misidentified. For this reason you must receive written verification of the name of the Consumer, and
amount of the Debt as it was obtained from the Creditor.

What if you think you don’t owe money to the Creditor?
If you think you don’t owe the Creditor money, you must send the Collector a
letter stating that you do not owe the money to the Creditor. You must send this
letter to the Collector within 30 days of the date you receive the written
notification of the Debt. (See What should a Debt Collector tell you about the
Debt?) (15 U.S.C. § 1692g(b).)
You may tell the Collector not to contact you until you receive proof of the
Debt. If you decide to do this, you must do it in writing
Once you dispute the Debt in writing, the Collector must stop trying to collect
money from you until you receive written proof that you really owe the Debt
from the Collector. Proof should include a written document with your name,
and the name of the Creditor and the amount you owe.
NOTE: This will NOT make the Debt go away. The thirty day period is NOT a
grace period – it is just a period of time during which the Creditor must prove
that you owe the Debt to the Creditor. (15 U.S.C. § 1692g(b).)

TIP: It may take the Collector a long time to get back to you with the proof you
request. There is no time limit for the Collector to provide proof. If the
Collector cannot provide the proof you request, it may sell the Debt to another
company to try to collect from you. If this happens, repeat the above steps
again until you get actual proof of the Debt.

What if the amount is incorrect? ---------------------------
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If you don’t think the amount of money the Collector is trying to collect from
you is the correct amount, you must send the Collector a letter stating that you
do not owe the amount of money the Collector is asking you to pay. You must
send this letter to the Collector within 30 days of the date you receive the
written notification of the Debt. (15 U.S.C. § 1692g(b).) (See also What should
a Collector tell you about the Debt? and What if you don’t think you owe
money to the Creditor? for instructions on what to do next.)
If you negotiated with the Creditor on partial payments, you may be frustrated if
the Collector refuses to accept partial payments. The Collector is allowed to
demand larger installments in an accelerated time frame. Although this may
be frustrating to you, it is not a violation of the law. The Collector is allowed to
negotiate its own terms, but the Collector may not make any false statements or
use misleading ways to collect a Debt from you. So, if you suggest a partial
payment knowing the Creditor will accept a partial payment, the Collector is
not allowed to tell you “only full payment is acceptable.” (15 U.S.C. § 1692e)
In general Collectors may NOT add interest, fees, expenses or charges of any
kind to the original debt. However a Collector may charge an additional
amount if:
The Creditor included a condition for the fees or expenses in its agreement
with you when you incurred the Debt; or
If it is allowed in the State where the contract was created;
If it is allowed in the State where a judgment was entered.
(15 U.S.C. § 1692f)
(See also What to do if you think a Collector broke the law?)
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What if you owe multiple debts?
If you owe more than one debt and you make a payment to a Collector, the
Collector must follow your instructions apply the money to the debt you tell
them to apply it to – it cannot apply it to any other debt. (15 U.S.C. § 1692h)

What happens during the 30-day dispute period?
The 30 dispute period is NOT a grace period. Until you dispute any or all of
the Debt in writing, within 30 days of receiving the notice of Debt, (NOT the
postmark or the date of the letter) the Collector can continue to try to collect
the Debt from you.

TIP: Dispute the Debt immediately. A Collector may report the Debt to a
Consumer Reporting Agency, or send you notice of the Debt the same time it
sends you a summons to appear in court. If you receive a summons to appear
in court after you disputed the Debt in writing -- go to court! Bring a copy of the
letter you sent the Collector disputing the Debt, and tell the Judge that the
Collector did not send you proof of the Debt. (See also What should a Collector
tell you about the Debt?)

What can a Collector say? What it may not say.
Collectors are required to tell you who they are, who they are collecting for
(the name of the Creditor) and the amount of the Debt. (15 U.S.C. §§ 1692d-f.)
They may NOT:
Contact you by postcard;
Use a false name;
Give you false contact information;
Tell you owe more than you really do (unless they were given the wrong
information from the Creditor);
Tell you they work for a credit reporting agency;
Tell you are guilty of a crime;
Tell you they will sue you if they don’t intend to sue you, or don’t expect the
Creditor to sue you;
Tell you they are an attorney if they aren’t;
Tell you they represent an attorney if they don’t;
Send you something that looks like an official court document if it is not;
Send you papers and tell you the papers are not legal forms if they really are
legal forms;
Give false information to anyone about you;
Tell or threaten to tell anyone about your Debt;
Tell you, you will be arrested if you refuse to pay;
Harass you by threatening you with violence or harm; (NOTE: Infrequent
contacts such as once a week or twice a month may be stressful, but is not
harassment under the FDCPA.) (15 U.S.C. § 1692d.)
Threaten you, any members of your family, workers, or friends (15 U.S.C. §
1692d);
They may not threaten to or publish your name as someone who refuses to pay
his or her Debt, except to a Credit Reporting Agency (15 U.S.C. § 1692d.);
They may not use obscene language (15 U.S.C. § 1692d.);
If you tell them not to contact you in writing, or tell them that you have an
attorney, they may not continue to contact you;
In most States they may not collect an amount greater than the amount of your
Debt. (NOTE: Some states allow an additional charge for Collectors);
They may not deposit a post-dated check prematurely; or
Threaten to take your property unless the Creditor or Collector can do so
legally.

What to do if you think a Debt Collector broke the law?
----------------- KNOWLEDGEFINANCIAL.COM
Credit.Com encourages you to report any problems you have to:
The Federal Trade Commission: The Federal Trade Commission works for
consumers to prevent fraudulent, deceptive and abusive business practices. To
file a complaint visit http://ftc.gov, or call 1-877-FTC-HELP. (15 U.S.C. §1692l)
File a complaint with your state’s office of Attorney General. Click here for the
Attorney General’s office in your state where you can find on-line complaint
forms, for filing complaints against Collectors and Creditors who violate the
Federal Fair Debt Collection Practices Act and your State's Debt collection
and Creditor collection laws: http://www.fair-debt-collection.com/ag-complaint-
forms.html
You have the right to sue a Collector in either a Federal or State Court within
one year of the date the law was violated. If you win your case against the
Collector you may recover damages. (15 U.S.C. § 1692i.) You may wish to
contact an attorney to help you with this process. If you do not have an
attorney or cannot afford one, contact the Local Legal Services provider, or
Lawyer Referral Service of the state, county or local bar association near your
home.
Consumer Protection is different in every State. The Federal Act does not
change the laws of any State Debt Collection Practice unless that law conflicts
with any part of the Act. If State law conflicts with the Act, but provides better
protection for you, then the State Law applies. (15 U.S.C. §§ 1692a, n.) An
attorney can advise you of your rights.

Disclaimer: This legal information site is a self-help site that is provided for
educational and information purposes only to help consumers become
educated about their rights. Please note, that legal information is not the same
thing as ‘legal advice.’ Any of the opinions, suggestions, instruction, advice,
links and content is at the user’s own risk. Credit.Com Inc. encourages you to
consult with legal and financial professionals prior to making any decisions
that have legal or financial consequences to you. Credit.Com Inc is not
engaged in rendering legal or financial advice. The information provided here
should not be used as a substitute for legal or financial professionals.

While we have made every attempt to ensure the information contained on this
site is accurate and from reliable sources, we are not responsible for any errors
or omissions, or for the results obtained from the use of this information on this
site or any site that we have provided links to as a courtesy to you.

WWW.KNOWLEDGEFINANCIAL.COM

Do-it-Yourself Debt Reduction
BY KNOWLEDGEFINANCIAL.COM

With a little dedication and prior planning, it is possible to reduce your
debts on your own. Why pay debt counselors and consolidation agencies
fees for things you can do yourself? Credit.com shows you the tricks of the
trade and the fastest way to reduce your debts on your own.

Step 1: Evaluate your debts
Collect all your financial documents and print out your credit reports to see
exactly where you stand. This is an important step toward debt recovery and
one that people are often scared to take. On a piece of paper, write down
the balances, interest rates, and monthly amount due for each of your
debts. Include your auto loans, personal loans, payday loans, credit cards,
and other debts. You should also make note of any annual fees on your
credit cards. You don't need to include your mortgage loan or student loans
at this time. These loans have relatively long terms and low APRs so it is
better to focus on paying off your other debts first. If you have an
overwhelming amount of debt, you may want to request a free professional
debt help consultation.

Step 2: Look at your budget
After you have collected the information about your debts, you should take
a look at your monthly budget. Write down your monthly income after taxes
and subtract your rent/mortgage payment from this amount and other
monthly expenses such as childcare, student loan payments, insurance,
utilities, and groceries. Once you have subtracted all of your expenses,
calculate how much you have left to pay off your debts. If this amount is too
small, look for ways to reduce your spending. Consider turning off your
cable subscription or carpooling as ways to cut back temporarily. The more
you can pay towards your debts each month, the sooner you will be debt
free.

Step 3: Make a plan
Now that you know all about your financial situation, it's time to create a
plan for reducing your debts. Use your information from Step 1 and 2 to fill
in the following chart. Subtract your minimum debt payments (Step 1) and
monthly expenses (Step 2) from your monthly income after taxes. The
remaining amount should be used to pay off the debt with the highest
interest rate and the highest balance.
Example        Your Plan
Monthly income after taxes        $2,800        $
Minimum debt payments (1)        - $1,800        - $
Monthly expenses (2)        - $400        - $
Remaining amount goes to the debt with the highest rate and balance
= $600        = $
Continue this cycle each month until the debt is paid off and then move on
to the next highest rate/balance account. This may seem like an odd
process, but it is the fastest way to reduce your debts. During this time, you
should not add any new charges to your credit cards. Also, try to increase
the amount you pay toward the most expensive debt each month. Track
your progress with a chart like this:
Month 1        Month 2        Month 3        Month 4        Month 5        Month 6
Payment Goal        $600        $600        $625        $625        $650        $650
Actual Payment        $625

Step 4: Start negotiations
While you are starting to follow your repayment plan from Step 3, you
should contact your creditors and lenders to see if you can improve the
terms on your debts. You may be able to lower your interest rates or
negotiate a reduced settlement on some debts by speaking with the
customer service department. It is especially easy to negotiate the terms of
debts that are charged off (dismissed) by the creditor or in collections
already. Also think about moving some of your credit card debts to new
accounts with lower interest rates. Moving a balance to a credit card with a
0% introductory rate for 6-12 months can help you save a lot on interest.
Just be sure to keep each of your credit card balances below 35% of the
credit limits to avoid damaging your credit score. During this time,
investigate if consolidating your debts into a personal loan or home equity
loan could help too.

Step 5: Follow-through
Do your best to meet your payment goals each month. It's okay if the
amount you put toward your most expensive debt each month varies. Just
try to consistently put as much as possible toward your debts. Signing up for
an automated payment system and keeping a chart of your progress on the
refrigerator can help you stay on track. When you reach major milestones,
be sure to celebrate your success. Before you know it, you'll be debt free!

Debt Consolidation: The Pros and Cons of Your Major
Options       ----------------------- KNOWLEDGEFINANCIAL.COM

Do you want to have fewer bills to pay each month and save money at the
same time? Who doesn’t?! But simply consolidating a bunch of debts at a
lower interest rate won’t necessarily get you there. Consider the pros and
cons of all your options – and then manage your debts and cut back on
spending over time.
Once you choose a consolidation method, make sure you keep the total
cost as low as possible. Here are three tips to up the odds that your debt
consolidation plan will work:
Don’t take the maximum amount of time possible to pay off your new loan.
Instead, come up with a plan to get out of debt in three to five years.
Read the fine print so there are no surprises, such as a balance transfers or
application fees.
Ignore all offers that sound too good to be true.

Tip for folks in really bad financial shape:
If you are in serious money trouble and are feeling overwhelmed by all the
bills, before you do anything else, take advantage of Knowledgefinancial.
com .

Homeowners Have Great Options
If you’ve built up some equity and the interest rates remain favorable, it may
make sense to refinance your home and use the additional cash you can
borrow, over and above what you owe on your current mortgage, to pay off
more expensive debts. Or you might be better off taking out a home equity
line of credit (HELOC) or a fixed rate home equity loan.

Pros:
You can save a fortune by switching debts from the double-digits of typical
credit card bills to the much lower rates on home equity loans and
refinances.
There’s the possibility of being able to deduct the interest on home loans,
whereas that’s not possible with credit card debts.
If you shop carefully, you’ll be able to get a good deal on closing costs,
saving you more money.
Cons:
You’re putting your home on the line, which is extremely risky unless you
are certain you can trust yourself to stop over-spending and to faithfully pay
off the home loan(s).
If you go for a variable rate loan, remember that what goes down may well
go up, increasing your cost of borrowing.
Don’t unwittingly extend the length of time you’ll be in debt or it might cost
you more over the long run than if you’d simply paid off those higher rate
bills.
Tips:
Don’t pocket the money your refinancing frees up every month. Instead, use
it to create an emergency fund (if you don’t already have one). Once that’s
set up, use the money as a pre-payment against your home loan or to boost
your retirement savings.
Ditto with any tax refunds that come your way.

Cardholders Have Great Options
One of the easiest ways to consolidate your credit card debts is to call your
current card issuers and ask them to give you a better deal. If the customer
service representative seems unwilling, don’t be shy! Ask to speak with a
supervisor.
Lenders know the competition is tough, and it’s cheaper for them to keep
you than it is to get a new customer to replace you – especially if you’re a
“low maintenance” borrower who pays bills on time. While you have them
on the phone, ask about these three issues:
Getting a special rate on any new balances that you transfer to their card.
Getting the interest rate lowered on new purchases.
Getting any annual fee waived.
Pros:
A phone call or two to a toll-free number is all it takes. It doesn’t get much
easier than that!
You have nothing to lose and you may save yourself a lot of money – now
and over the long haul.
Cons:
Especially if you have a spotty payment record, it may not work!
Instead, try getting a new, low rate card at Credit.com. This is admittedly
more of a hassle than making one toll-free call, but if you’re honest about
your credit situation as you look over the offers, you may find a lower rate
card without too much trouble.
Tips:
Ask that any balance transfer fees be waived.
Don’t apply for too many new cards at one time. It can hurt your credit
score. So choose carefully!
Watch out for teaser rates. While you can save the most by strategically
transferring your debt to another low introductory rate card whenever the
last "teaser" rate is about to expire, the constant balance swapping can
burn you out, and if you flub it, you could pay for it. Instead, try to find a
card with a steady, low interest rate.
Be sure to plow your savings back into your debts.

Can You Borrow from Your Nest Egg?                 ----------------------
KNOWLEDGEFINANCIAL.COM
The answer is “Yes!” if you have:
A 401(k), 403(b) or certain other kinds of pension plans
An IRA
Investments, such as stocks and bonds (loans against them are called
"margin" loans)
The key word to remember here is borrow. It’s one thing to take a
loanagainstyour future nest egg. That alone raises many issues worthy of
your consideration! But if you were to withdraw retirement funds early
instead, from your 401 (k), for example, you’d have to pay taxes and a 10%
penalty.
The interest rates on these loans tend to be low – or even interest-free. For
example, you can use money from your IRA interest-free for 60 days.
However, you must “roll it over” to another IRA account within 60 days. Don't
use your IRA to pay debts unless you are 100% confident the money will be
replaced within two months, say, with a tax refund you are guaranteed to
receive. Otherwise, you'll be hit with a penalty and taxes on the funds. (Of
course, while you’re using your IRA money, it won’t be earning you any
interest either.)
Pros:
If you have no credit history or a poor one, these borrowing options might
make sense, since they require no credit check and are easy to get.
The interest rates are generally low, and since you’re the lender, the interest
gets paid to you (in the case of retirement funds). As far as margin loans and
IRAs are concerned, you don't have to make interest payments on them at
all.
Cons:
Should you lose your job, you might have to pay back your retirement fund
loan immediately … or pay taxes and penalties and have it treated as an
early withdrawal.
You could end up robbing your retirement fund if you rely too much on
these loans.
If you fall behind on your re-payments, even though they are to yourself, the
IRS will treat a retirement fund loan as an early withdrawal -- 10% plus taxes.
Since there’s always a risk of a “margin call” if the market crashes, most
advisors urge caution here – that is, keep margin borrowing at 20-25% of
your investment account. (With a margin call, you may be called on to
immediately pay back the loan, which may mean selling stock at an
unfavorable time.)
Don't use your IRA to pay debts unless you are absolutely certain that you
can come up with the funds within 60 days. Otherwise, you'll be hit with a
penalty and taxes on the funds. Speak with a tax professional before
undertaking an IRA rollover to be certain your plan is sound. For example,
the funds have to be returned to an IRA account (same one or different).

Finding Quality Credit Counseling ---------- BY KNOWLEDGEFINANCIAL.
COM

If the bills are piling up and you’re wondering how you’ll ever get out from under, it’s
likely that you’d benefit from some credit counseling. Most people put off getting
help until their financial lives are in ruins. They feel as though they have no place to
turn. In a panic, they’re not thinking they have a choice. But they … and you … do!
Choose the right counseling agency and you can turn your life around. Make no
choice or a bad choice and you may find yourself in worse financial shape. If you’ve
been in denial, now is a great time to come clean. Pull out the bills and face the
facts. Tally up how much you owe and get yourself some expert help.
Perhaps you’ve been putting off credit counseling because you’ve seen the headlines
about the IRS cracking down on many agencies that claim to be nonprofit, but turn
out to be nothing of the sort. Here’s how to find a gem of an agency amongst all the
rest:

Note: Don’t bother looking up “credit counseling” on Google. You’d find some 5.6
million entries, plus lots of ads from websites with catchy names promising to reduce
your debts dramatically and get you debt-free in no time. Don’t trust these sites.

Play It Safe
Choose an agency that is a member of the nonprofit National Foundation for Credit
Counseling, which provides services in over 1,300 locations to some two million
consumers a year. To find the one most convenient for you, call 800-388-2227 or
click here. Certified credit counselors are available by phone, over the Internet, via
old-fashioned “snail mail,” and in person to help sort out problems with creditors,
teach budgeting, create repayment plans, and plan for the future.
Important: Most experts recommend you work with someone face-to-face, at least in
the beginning, to get the maximum benefit.
There are other excellent ways to find nonprofit credit counseling services. For
example, you may find financial counseling programs where you work or worship, at
your bank or credit union, on your military base, at local colleges and universities –
as well as through the local office of the Federal Cooperative Extension Service,
which offers programs in family finances, as well as in nutrition, horticulture, child
development, and housing.

Questions to Ask a Credit Counselor
Is your agency non-profit? Is it accredited? By whom?
Do you offer budget and credit education? What free information can you give me?
What training do your counselors get? Are they certified? By whom? Do they receive
commissions?
Are there upfront fees? If so, how much are they? What if I can’t pay?
Can you assure me that all of my credit records will be kept confidential?
How can I track my accounts as they are being paid through your office?
Can I get that in writing? Will we have a written agreement?
For other questions to ask credit counselors, see this excellent advice from the
Federal Trade Commission.

You Shop for Shoes …
In the same way that you may try on a few pairs of shoes before you find ones that suit
you, you may need to visit a few credit counseling agencies to find one you’ll be
comfortable working with. Remember: this relationship may be one that lasts several
years, so you want to find a good fit.
Tip: Don’t let your worries over your immediate financial crisis get in the way of
finding a place that feels right to you.
It may be unpleasant to realize, but since you didn’t get into financial trouble
overnight, you can’t get out of it that quickly either. That doesn’t mean you should
have to tolerate someone’s judgmental attitude or a one-size-fits-all approach to debt
relief. There should be plenty of free information available to you without you having
to go into detail about your finances first.
You want a well-trained professional who will take the time to develop a debt-busting
plan customized to your situation – and someone who will teach you about money
management. To further guarantee the advice you get is based upon your needs,
counselors should receive a steady salary as opposed to commissions based upon the
programs they sell to clients, often using high-pressure tactics.

Tip-Offs to Rip-Offs
Keep away from counseling agencies that:
Need details about your situation before they’ll send you any information.
Do not have certified counselors.
Guarantee to wipe out your unsecured debts.
Promise that your debts can be paid off with pennies on the dollar.
Charge substantial monthly fees.
Expect a percent of the amount they save you as a fee.
Encourage you to stop making payments and/or stop communicating with your
creditors.
Promise to remove negative but accurate information from your credit report.
Click here for more of Credit.com’s excellent tips for avoiding scammers.

Check Them Out -------------- KNOWLEDGEFINANCIAL.COM
It’s easy – but very important – to double check on counseling agencies.
Ask for references from former clients willing to discuss their experiences – and follow
up with them.
Ask for recommendations from friends and family. Positive experiences among
people you trust can go a long way toward assuring that you’ve made a good choice.
Visit the Better Business Bureau and see if there are complaints about any of the
agencies you are considering.
See if the agencies are approved by the Department of Justice, which certifies
agencies according to the recent (so-called) bankruptcy reforms.
Before filing for bankruptcy, consumers are now required to obtain credit counseling
from an approved agency. To get this government approval, nonprofit counseling
agencies must employ trained counselors, have a good track record, be bonded, and
demonstrate the ability to provide an evaluation of consumers’ unique financial
situations, a personalized budget, and an explanation of alternatives to bankruptcy.

Bankruptcy?!
While bankruptcy may be the furthest thing from your mind, choosing an agency
approved by Uncle Sam is simply another way to separate the scam artists from the
organizations truly focused on helping consumers.
While many people who enter credit counseling do file for bankruptcy, it’s not the
only option. For example, more than a third of those who see a member of the
National Foundation for Credit Counseling are able to manage their debt on their
own after receiving financial education and counseling.
Many others participate in debt management plans (DMP), where they send one
monthly check to the counseling agency, which then distributes payments against
their unsecured debts – for example, credit card, medical bills, and student loans –
following a payment schedule that the counselor has developed between the
consumer and the creditors.
If you choose to go the DMP route – after you’ve reviewed a range of options –
choose a credit counselor that will negotiate better terms with your lenders. For
example, your interest rates may be lowered and some fees may be waived. On the
other hand, you may have to forfeit the right to use or apply for additional credit
during the term of the DMP.
How long will that be? Your credit counselor should be able to let you know how long
that will take, based upon a monthly payment you can afford, along with your other
monthly expenses. If you’ve racked up substantial debts, it could take four or five
years to complete your DMP. But before you start following it, make sure your
creditors are on board – and be sure to keep up the payments on your secured debts.
Tip: Ask the credit counselor to see if your accounts can be “re-aged” – that is, made
current. You will have to make a number of payments before lenders will do so, but it’
s an important step in rebuilding your credit, even though negative information (e.g.,
past late payments) will remain on your credit report.
Click here for more tips from the Federal Trade Commission on making a DMP work
for you.

Whatever You Do ...
Don’t ignore your financial problems!
“For those consumers who live close to the financial edge, even a small wobble – a
cut in pay or change in their recurring expenses – can endanger their economic
stability. ... But, too often, our counselors don't get a chance to get in the game until
consumers are already in serious financial difficulty. ... I can't count the number of
times I have heard a frustrated agency professional say ‘if only we could have talked
to them sooner.’"
No matter what your financial situation is, you can get help – but you have to seek it
out. The sooner you get going the better!

WWW.KNOWLEDGEFINANCIAL.COM

Six Smart Credit Card
Strategies ----------
KNOWLEDGEFINANCIAL.COM

BY KNOWLEDGEFINANCIAL.
COM

While credit cards are sometimes
portrayed as a necessary evil, they
also provide a lot of benefits. The
key is to know how to use them to
your advantage and not to get
caught up in the traps that lurk
behind the benefits.
Here are six ways to use credit
cards to your advantage:

Borrow Cheaply: Interest rates are
creeping up on all types of loans,
but those introductory low-rate
credit offers just keep coming. My
mailbox is flooded with offers like
these:
0% for six months!
3.99% for the life of the
transferred balance!
0% financing for one full year with
a major home improvement
purchase!
Some consumers successfully use
these low-rate offers to
consolidate debt, pay college
tuition, or even to pay off more
expensive home equity lines of
credit.
Of course, you have to watch out
for the traps, which include fees of
as much as 4% on a balance
transfer, and rates that skyrocket if
you make a payment even one
hour late. Also keep in mind that
maxing out a credit card can
lower your score, resulting in
higher rates on other credit card
balances you carry. So tread
carefully, but take a lower rate
when you can.

Play the Float: Banks and
insurance companies play the
float all the time, investing the
money you pay for premiums or
park in a savings account at 0%
interest. If you can put your
money to better use elsewhere (a
high yield savings account would
be one option), you will come out
ahead.

You can do that by playing the
float yourself, and a credit card is
the perfect way to do it. Charge a
high-ticket item on your credit
card and pay it in full when the
bill is due. Time it right and you
could get nearly two month’s
interest free. Find out when your
credit card issuer’s billing cycle
closes (call customer service or
check your previous statements)
and then make your purchase
right after that date. The charge
won’t appear until next month’s
bill, and depending upon the
length of the grace period, you
might luck out with a good
healthy float.

This strategy does not typically
work if you are carrying a balance
on your credit card. Virtually all
credit cards use the average daily
balance method including new
purchases to calculate interest.
That means you don’t get a free
ride on new purchases if you start
the billing period with a balance.
The exception is One by
American Express, which gives
you the choice to pay off a
purchase or revolve it. It also
features a savings rebate
deposited into a high-yield
savings account.
Another way to play the float is to
take advantage of interest-free
financing. Let’s say you buy a
$3,000 flat screen television with
0% financing. If you park that $3K
in your high-yield savings account
at 4.5%, you’ll have $135 at the
end of the year. Watch those
monthly payment and final
payment due dates carefully,
though. If you slip up, you will get
hit with a hefty finance charge –
probably all the way back to day
one.

Rack Up Rewards: If you want
travel rewards, free movie passes,
or even cold hard cash, just pull
out the plastic. There are rewards
to suit just about every interest.
The challenge becomes picking
one! If you carry a balance,
understand that the interest rate
may be higher than what you can
get elsewhere. And watch out for
strings attached to the rewards,
such as minimum purchase
requirements, blackout dates for
travel, or caps on the amount you
can earn.
Once you’ve found a card you
like, you may find yourself using it
for all your purchases. That can
be rewarding – and addictive -- so
make sure you don’t overspend
just to earn rewards.

Shop Safely: Credit card
purchases are backed with the
protection of federal law. Under
the federal Fair Credit Billing Act,
you have the right to dispute a
charge if you make the purchase
using a credit card and the
merchandise you order is not
delivered, or if it is not delivered
as agreed (wrong color, wrong
item, for example) or even if it was
not delivered as promised (the
flowers guaranteed for delivery on
Valentine’s Day show up two days
later).
To dispute a billing error on your
credit card, you must follow the
rules, though. Picking up the
phone to complain is not enough!
Here’s what to do:
Write to the credit card issuer at
the address for "billing inquiries,"
not the address for sending your
payments (the address for billing
inquiries is often found on the
back of your most recent monthly
statement); include your name,
address, account number, and a
description of the billing error.
Send your letter so that it reaches
the credit card issuer within 60
days after the first bill containing
the error was mailed to you.
Send your letter by certified mail,
return receipt requested, so you
have proof of what the credit card
issuer received. Include copies
(not originals) of sales slips or
other documents that support your
position. Keep a copy of your
dispute letter.
When you do, the credit card
issuer must acknowledge your
complaint in writing within 30
days after receiving it, unless the
problem has already been
resolved. And the credit card
issuer must resolve the dispute
within two billing cycles (but not
more than 90 days) after receiving
your letter.

Here’s the best part: While the
item is officially under dispute,
you can withhold payment on it.
But you must pay any amount not
under dispute and/or pay your
regular minimum payment. The
credit card issuer cannot take any
legal or other action to collect the
disputed amount and the related
charges (including finance
charges) during the dispute.
Debit cards do not carry the same
protections, though your debit
card issuer may offer assistance in
a matter you cannot resolve with a
merchant. One more warning:
billing error protections don’t offer
help in the case of buyer’s
remorse.

In addition to billing disputes, you
also have the protection of federal
law if your credit card is lost or
stolen and used by a thief. Your
maximum liability for
unauthorized charges is $50, and
most card companies won’t even
require you pay that amount.
Technically there is no time limit
for disputing unauthorized
charges, but the sooner you do so,
the easier it will be to resolve the
matter.

Unauthorized use, by the way,
doesn’t typically cover an
unauthorized purchase by
someone you lent the card to.
When I was in high school, my
mom once lent me her card to
buy a dress, and I walked out with
a dress, plus shoes, earrings and a
purse – and a bill for $350.
Unfortunately for Mom, she
couldn´t dispute the charge.
Caveat emptor.

Build Your Empire: Spike Lee is
just one of many people who have
followed his dreams and started
his own businesses using credit
cards. Plastic is usually a lot
easier to get than a bank loan,
especially for a start-up venture.
But that easy credit has its
downside. With a large line of
credit on your Visa or MasterCard,
you may be tempted to spend
money on things not essential to
your business. (Do you really need
four-color letterhead and the
latest computer?) If finances
charges rack up faster than
revenues, you’ll soon be in trouble.
The better strategy is to start your
business on the cheap, and use
credit cards only as needed.
When you do use plastic, choose
a business credit card reported in
the name of your business rather
than on your personal credit. You’
ll protect your credit rating from
the additional debt and you will
be setting up your venture as a
serious entity rather than a side
hobby.

Save at the Car Rental Counter:
Your $10 a day car rental can
easily mushroom into $30 a day if
you buy the “protection” coverage
the rental car company will try to
sell you at the counter. The
“Collision Damage Waiver” is
technically not insurance, but it
works like insurance in that it
covers you if the vehicle you rent
is damaged.

The good news is that between
your own car rental coverage and
a CDW waiver benefit on your
credit card, you may be able to
turn down that pricey policy.
Check with your own auto
insurance company first to see
whether your coverage extenm

KNOWLEDGEFINANCIAL.COM

CREDIT HELP: Use Your Credit Clout: Credit Laws That are on Your Side. Profits From Credit! --- READ BELOW..

THE TRUTH ABOUT CREDIT REPAIR!

Mortgage, insurance, or even a job. Generally, they can’t deliver. After you
pay them hundreds or even thousands of dollars in fees, these companies
do nothing to improve your credit report - most simply vanish with your
money

The Truth About Credit Repair ----- KNOWLEDGEFINANCIAL.
COM
“Credit problems? No problem!”Credit repair companies promise, for a fee,
to clean up your credit report so you can get a car loan, a home
“We can erase your bad credit — 100% guaranteed.”
“Create a new credit identity — legally.”
“We can remove bankruptcies, judgments, liens, and bad loans from your
credit file forever!”

Does all this sound too good to be true? Well, it is. These are the typical
claims of shady credit repair organizations (CROs) which often victimize
unwary consumers – usually, the most vulnerable consumers who are
struggling with bankruptcy or have had problems rebuilding damaged credit
reports and credit scores. These companies promise, for a fee, to clean up
your credit report so you can get a car loan, a home mortgage, insurance,
or even a job. Generally, they can’t deliver. After you pay them hundreds or
even thousands of dollars in fees, these companies do nothing to improve
your credit report - most simply vanish with your money. Rather than
improving your credit, you may end up deeper in debt and see your credit
score actually get worse.
As opposed to credit counselors, who provide guidance on improving your
credit reports and scores through better financial management, these credit
repair organizations offer to remove negative information from your credit
report. Generally, there are three steps to the service that these credit repair
organizations offer: 1) The companies ask you to forward them copies of
your credit reports (usually from the three major credit reporting agencies -
Equifax, Experian, and TransUnion), which you must obtain directly from
those agencies; 2) The credit repair organizations then recommend which
items on your credit report you should dispute; 3) The credit repair
organizations then contact the credit reporting agencies to challenge
questionable items on your credit reports.
However, the simple truth is that no one can legally remove accurate
negative information from a credit report. Credit reporting agencies are
obligated under the Fair Credit Reporting Act (FCRA) to correct or delete
inaccurate, incomplete, or unverifiable information, usually within 30 days.
They are not required to remove accurate information unless it is more than
seven years old (or bankruptcies that are over ten years old).
You have the right to dispute any inaccurate or incomplete information on
your credit report – and the credit reporting agency must investigate the
dispute without charge to you. Everything a credit repair organization can
do for you legally, you can do for yourself at little or no cost.
Shady credit repair organizations have long been the target of investigation
by the Federal Trade Commission (FTC) due to the high numbers of
complaints from consumers. Last year, the FTC launched 'Project Credit
Despair' which has snared 20 'Credit Repair' scammers to date.

A number of class-action suits have also been filed against credit repair
organizations. Equifax and Fair Isaac face a class-action suit in Georgia for
selling the ‘Score Power’ program designed to help consumers predict their
credit score and see how changes to their credit reports affect that score.
While this is may not actually be a credit repair service, the plaintiffs are
attempting to use the law that regulates credit repair organizations to sue
the companies. Fair Isaac is also facing another class-action suit in
California based upon similar complaints.

How can you avoid becoming a victim of these scams?
The obvious answer is to save yourself the money and the risk by improving
your credit on your own. There are also numerous non-profit credit
counseling organizations which can help you to devise a plan for
managing your finances and improving your credit. The National
Foundation for Credit Counseling (NFCC) is a nonprofit credit counseling
network which can refer you to a member in your area.
However, if you don’t feel you have the time to do this on your own, if you
are are overwhelmed by the process, or if you just want to turn the whole
thing over to professionals, there are some basic rules for picking a
reputable company to assist you in repairing your credit.

According to the FTC, the main warning signs of scam credit repair
companies are:
Companies that want you to pay for credit repair services before they
provide any services. Credit repair companies cannot require you to pay
until they have completed the services they have promised.
Companies that do not tell you your legal rights and what you can do for
yourself for free.
Companies that recommend that you not contact a credit reporting
company directly.
Companies that suggest that you try to invent a “new” credit identity — and
then, a new credit report — by applying for an Employer Identification
Number to use instead of your Social Security number.
Companies that advise you to dispute accurate information in your credit
report or take any action that seems illegal, like creating a new credit
identity. If you follow illegal advice and commit fraud, you may be subject
to prosecution.
In 1996, the Credit Repair Organizations Act (CROA) was signed into law to
protect the public from unfair or deceptive advertising and business
practices by credit repair organizations. By law, credit repair organizations
must give you a copy of the “Consumer Credit File Rights Under State and
Federal Law ” before you sign a contract. They also must give you a written
contract that spells out your rights and obligations. Read these documents
before you sign anything.
The law contains specific protections for you. For example, a credit repair
company cannot:
Make false claims about their services.
Charge you until they have completed the promised services.
Perform any services until they have your signature on a written contract
and have completed a three-day waiting period. During this time, you can
cancel the contract without paying any fees.
Your contract must specify:
The payment terms for services, including their total cost.
A detailed description of the services to be performed.
How long it will take to achieve the results.
Any guarantees they offer.
The company’s name and business address -------
KNOWLEDGEFINANCIAL.COM

A Fresh Start?

A common, and illegal, tactic employed by scam credit repair organizations is
called ‘file segregation.’ These companies have flooded the mail, internet, radio,
and TV with ads claiming that using ‘legal forms from the federal government’ you
can exercise your ‘one-time right’ to apply for a new Social Security number.
Bingo, you’re a new person with a clean credit history, right? Wrong – unlike other
scams in which you may be an innocent victim, this scam makes you a perpetrator of
fraud against the government. If you try ‘file segregation’, you could face fines or
even a prison sentence.

File segregation operators advise the consumer to apply to the IRS for an Employer
Identification Number ("EIN"). Consumers are told to use the EIN in lieu of their
Social Security number when applying for credit, in order to create a completely
new credit file in which the old debts will not appear. The scheme essentially
involves an attempt to hide one's identity from creditors by getting credit with the EIN
and a name and address that differ slightly from accurate identifiers.

Both the person selling such a scheme and consumers who follow the scheme are
violating the law. The CROA bars any person from making or counseling any
consumer to make any untrue or misleading statement with the intent to alter the
consumer's identification in order to hide accurate credit information. Consumers
following such advice may be committing felonies.
Several aspects of a credit repair service's program could lead you to commit fraud.
It is a federal crime to:
Make false statements on a loan or credit application.
Misrepresent your Social Security number.
Obtain an EIN under false pretences.
In addition, if you were to use the telephone or the postal system to apply for credit
and provide false information, then you could be charged with mail or wire fraud,
too. Also, file segregation likely would constitute civil fraud in many states.

Already Stung?
Have you already been victimized by one of these shady credit repair organizations?
If so, you have the right to sue the credit repair organization under the CROA. They
could be liable to you for the damages you suffered or the amount you paid to them,
whichever is greater. The credit repair organization is also liable for attorney’s fees
and punitive damages if the violation was particularly egregious.
If you’ve been taken advantage of by a credit repair organization, contact the FTC.
You can file a complaint at www.ftc.gov or by calling 1-877-FTC-HELP. The FTC
can also start administrative proceedings against the credit repair organization and
individual states can sue the organizations to stop them from violating the Act and to
recover damages suffered by residents.

Law Firms Offering Credit Repair
There are a number of law firms which have moved into the credit repair market,
such as Lexington Law and Ovation Law. What difference does it make to have a law
firm working on your credit repair? Not much. They go through the same process and
do the same thing as the non-law firm credit repair organizations.
These firms are still covered by the Credit Repair Organizations Act, and are bound
by state bar association rules. However, the difference is that most states require non-
law firm credit repair organizations to place a bond with the state as a guarantee that
they will comply with local laws regarding credit repair. Law firms are generally
exempt from this requirement, and this has led a number of credit repair
organizations to convert to law firms. Most of these law firms don’t really practice
law…they’re just firms on paper.

*Consumer Credit File Rights Under State and Federal Law
You have a right to dispute inaccurate information in your credit report by contacting
the credit bureau directly. However, neither you nor any ''credit repair'' company or
credit repair organization has the right to have accurate, current, and verifiable
information removed from your credit report. The credit bureau must remove
accurate, negative information from your report only if it is over 7 years old.
Bankruptcy information can be reported for 10 years.
You have a right to obtain a copy of your credit report from a credit bureau. You may
be charged a reasonable fee. There is no fee, however, if you have been turned
down for credit, employment, insurance, or a rental dwelling because of information
in your credit report within the preceding 60 days. The credit bureau must provide
someone to help you interpret the information in your credit file. You are entitled to
receive a free copy of your credit report if you are unemployed and intend to apply
for employment in the next 60 days, if you are a recipient of public welfare
assistance, or if you have reason to believe that there is inaccurate information in
your credit report due to fraud.
You have a right to sue a credit repair organization that violates the Credit Repair
Organization Act. This law prohibits deceptive practices by credit repair
organizations.
You have the right to cancel your contract with any credit repair organization for any
reason within 3 business days from the date you signed it.
Credit bureaus are required to follow reasonable procedures to ensure that the
information they report is accurate. However, mistakes may occur.

You may, on your own, notify a credit bureau in writing that you dispute the accuracy
of information in your credit file. The credit bureau must then reinvestigate and
modify or remove inaccurate or incomplete information. The credit bureau may not
charge any fee for this service. Any pertinent information and copies of all
documents you have concerning an error should be given to the credit bureau.
If the credit bureau's reinvestigation does not resolve the dispute to your satisfaction,
you may send a brief statement to the credit bureau, to be kept in your file,
explaining why you think the record is inaccurate. The credit bureau must include a
summary of your statement about disputed information with any report it issues about
you.

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CREDIT CARDS THEFT PREVENTION

Secrets of a Former Credit Card Thief
Card theft is cheap, easy and you could be next.
We've all heard the standard tips about preventing
identity theft and credit card fraud. But what would a
real identity thief tell you if he had the chance? Dan
DeFelippi, who was convicted of credit card fraud and ID
theft says simply this: You can't be too careful.

Desotel Caldigaz said: mostly made fake credit cards with real credit
card information he bought online. "I would make fake IDs to go with
them, and then I'd buy laptops or other expensive items in the store
and sell them on eBay," he says. DeFelippi was also involved in several
other kinds of scams, including phishing schemes that exploited AOL
and PayPal customers.

Committing credit card fraud is still "ridiculously
easy to do," he says. "Anyone with a computer and
about $200 could start making money the next day."

After his conviction, Desotel faced ten years in prison, but under a plea
deal he agreed to community service and to pay back more than
$200,000 in restitution. He also worked for the U.S. Secret Service,
helping to infiltrate the online underground and training agents in the
latest fraud techniques.

His help led to the arrests of five to 15 people over two years. Today,
he's a Web developer at a graphic design company in Rochester, N.Y.
He agreed to take an hour with CreditCards.com to share his story and
his top tips on how to protect yourself.

Knowledgefinancial.com: How did you get started?

Dan DeFilippi: When I was in middle school and high school, I was into
what I would call innocent hacking. I wasn't trying to be malicious or
make money. I was just interested to see what I could do. In college, I
started selling fake IDs to make a little extra money.

I was pretty active in online chat rooms where people would talk about
this stuff, and I began to realize there was a whole world of credit card
fraud where I could make a lot of money with very little effort. From
there, it was just a huge downward spiral.

Knowledgefinancial.com: You said you bought
credit card data online. Tell me about that.

Desotel: Every credit card has magnetic stripe on the back with data on
it. There are people out there who hack into computers where that data
is being stored.

There are also people like waitresses and waiters with handheld
skimmers who steal the data that way. Then they sell the data online.
I'd pay $10 to $50 for the information from one card. Then I'd use an
encoder to put that data on a fake card, go into a store and purchase
stuff.

Knowledgefinancial.com: Do identity thieves like
some credit cards better than others?

Desotel: Well, a lot of American Express cards have no set limit, so
you'd be able to buy a lot more. However, the downside is that a lot of
merchants require more security for American Express than for other
cards.

They may ask you to enter the four-digit code on the front of the card or
your ZIP code. That information usually isn't in the magnetic stripe
information. So if a card is skimmed, if someone has its magnetic
stripe information, they would still need the number on the front or your
ZIP code to commit fraud.

Knowledgefinancial.com: What about debit cards?

Desotel: I always recommend against them. With debit cards, it's your
real money in your bank account you're playing with. So if someone
gets your debit card information and uses it, your cash is gone until you
fill out a lot of paperwork and persuade the bank to give it back to you.
Credit cards are much better at protecting you against fraud. And if
you're worried about debt, you can always pay them off every month.

Knowledgefinancial.com: What's your No. 1 tip on
how consumers can protect themselves?

Desotel: You've probably heard this before, but the most important
thing really is to watch your accounts. And I don't mean just checking
your statement once a month.

If you're only checking your statement once a month, someone can
start using your card at the beginning of the billing cycle, and they can
do a lot of damage before you catch it. You're talking thousands of
dollars, and it will be a lot harder to catch them and dispute it.

I use Mint.com, which is a free aggregation service that allows you to
put all your accounts on there and monitor everything at once. I check
that every day. It's also a good idea to check your credit report at least
twice a year to make sure no one has stolen your identity.

Knowledgefinancial.com: Is online shopping safe?

Desotel: You've got to be careful. It is really easy to create a fake online
store or to create a store that sells stuff, but its real purpose is to
collect credit card information. I'd try to stick to reputable sites or at
least to sites that have reviews.

A lot of times they'll create these stores that sell things that are widely
searched for at prices that are incredibly low. If a deal is way too good
to be true, it's probably a scam and they just want your information.
The more information a website asks for, the more you need to be
certain that this is information they really need and it's a legitimate site.

Also, don't buy anything from somebody e-mailing you, no matter how
good the offer sounds. If a company is sending you an ad through
e-mail and you've never heard of the company, don't buy anything from
them.

Knowledgefinancial.com: How did your phishing
scams work?

Desotel: People are much savvier now. Back when I started, it wasn't
that common. I was getting thousands and thousands of responses
from single mailings.

The first one I did, I targeted AOL users, because I thought they would
be less computer literate and more likely to fall for my scams. We said,
"Your credit card information has expired. Come to this site and update
your information or your account will be closed." I did something
similar with PayPal.

I sent an e-mail that said, "Someone has accessed your account.
We've locked your account. Please click here to access your account."
We'd link them to a fake website and they'd give us their PayPal log-in
information. Then we'd say, "For security purposes we've removed
your account information. Please re-enter it."

Knowledgefinancial.com: Where did you get the
e-mail addresses for your phishing schemes?

Desotel: There's software that allows you to harvest them from anyone
who has posted their e-mail addresses online, so don't ever put your
e-mail address on a website. If I was targeting a specific group, I'd try
to find e-mails for that group. For the PayPal scam, I was trying to find
people around my age or younger, so I targeted college and
universities.

I looked for ones in Massachusetts because I could make fake IDs
from Massachusetts. As part of the scam, I'd get their date of birth,
address, Social Security number and driver's license number. Then I
could make a fake ID that had all accurate information on it. The only
thing that wouldn't be real would be my picture. It's kind of scary how
much information I could get.

Knowledgefinancial.com: What other mistakes do
consumers make on the Web?

Desotel: When you're using your computer online, it's sending data
back and forth between your computer and website. If someone gains
access to that connection -- it's called sniffing -- they can capture the
data between you and the website you're communicating with.

That's the reason it's so important to access secure websites if you're
putting in any sensitive data, so look for "https" in the Web address. A
more recent issue is the free wireless offered all over the place. If
you're using an open Wi-Fi connection, you should pretty much have
the expectation that there is no security.

Knowledgefinancial.com: What steps do you take to
protect your own data online?

Desotel: All financial services companies have two-factor
authentication. So you typically have to put in a password plus
something else. A lot of banks use questions, but that can actually give
you a false sense of security because you can find out a lot of
information about people online. So maybe this is extreme, but for
those questions, I make up stuff.

I don't put in my real information. For example, a common question is:
"What city were you married in?" Well, I'm not married, but I'll answer
that question so there's no way anyone could possibly know the
answer. I try to make sure at least one of the questions has a made-up
answer.

Knowledgefinancial.com: What's your advice on
using ATMs?

Desotel: ATM skimming is the big thing right now because it's cash,
and cash is king. Basically, that's where someone puts a card reader
on the ATM machine, captures your PIN, then goes and drains your
bank account. The skimmer device goes over the card slot, and it's
designed to look like part of the ATM.

Some of the equipment now is very good and it's hard to tell the
difference between that and a real machine. So what you need to do is
try to use the same ATM every time, and watch out for anything on the
machine that looks out of the ordinary, especially something stuck on
the front where you put your card in.

Generally, I like to use ATM machines at banks rather than
convenience stores or a bar or club. There have been incidents where
thieves installed their own ATM machines in places with skimmers
inside them. That's much less likely to happen at a bank.

Knowledgefinancial.com: Is there more the banking
industry could do to protect us?

Desotel: The biggest thing they could do is get away from using
magnetic stripes. They aren't that secure and anyone can get a
magnetic stripe reader (a skimmer) for $5 to $10. The smart chips that
are widely used in Europe and internationally are much more secure
and harder to hack.

They offer near 100 percent protection against fraud, at least from a
skimming point of view, and they also require a PIN. But the credit card
companies have done the math. They think people will use their credit
cards less often if they had to put in a PIN.

It might eliminate a lot of the fraud, but there would be less card use
and they would end up losing money. So they're actually doing just the
opposite, moving to a system where you can just have your credit card
in your pocket -- you don't even have to swipe it to use it. The problem
is, that's very unsecure. Anyone with equipment can sit out in their car
and pick that up.

Knowledgefinancial.com: How did you end up
getting caught?

Desotel: I went to Best Buy with a guy I was working with locally to buy
a laptop, and the manager there was pretty well trained. When he
swiped the card, he asked for my friend's ID. Most stores don't ask for
ID. My friend gave him his fake driver's license, but then when the
manager swiped the credit card, it came up "Call for authorization."

A call for authorization, if you're trying to commit credit card fraud, is
really bad; it means the credit card company has seen suspicious
activity. The manager said he needed to go to the front desk to finish
processing the order. As soon as he left, we walked as quickly as
possible to the exit and left the store.

The problem was, my friend had given the manager his fake ID with his
picture. They ran it on the news and caught him. He told them the whole
story, so they ended up catching me, too. I really was better off getting
caught when I did. I was lucky I didn't go to prison. Under the guidelines
now, I'd probably have to serve at least two years. So anything I can do
to help people now, to help compensate for what I've done, I'm trying to
do.

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