by Paul MankinHow Long Do Late Payments Stay On My Credit Report?
The length of time a credit-related event may be reported on a consumer’s credit report depends on the event type. Hard credit inquiries, for example, may remain on a credit report for up to two years. A late payment, on the other hand, will typically remain on a credit report for seven years.
Indeed, a late payment may affect a consumer’s credit long after the account is paid off, and it will continue being reported even after the account is closed. A consumer with good credit who has a long history of making timely payments is unlikely to see a significant drop in their credit rating due to one or two past-due payments. The existence of a late payment can, however, carry a harsh penalty for a consumer who does not otherwise have strong credit or for one who does not have much of a credit history.
Unfortunately, account delinquencies are reported in the same manner irrespective of the reason for the delinquency. In other words, a consumer who makes a late payment because they were preoccupied by illness or they were otherwise delayed for a reason outside of their control will be penalized the same way as a consumer who cannot afford to make a timely payment or who simply isn’t responsible about paying on time.
All hope is not lost, however, because there is no rule requiring all delinquencies to be reported for any amount of time, let alone for the entire permissible reporting period of seven years. When an otherwise responsible consumer is faced with making a rare late payment, they may be able to head off reporting the delinquency by simply contacting the creditor and explaining the situation. Of course, a creditor is unlikely to consider such a request unless and until the late payment is actually made. Assuming the consumer settles the delinquency and does not have a history of making late payments or requesting late payment forgiveness, such a request is not seen as unreasonable.
If, however, a consumer provides their late payment without contacting the creditor and requesting that the delinquency not be reported, the consumer will almost certainly see the past-due payment appear on their credit report irrespective of how flawless their account activity has otherwise been.
Once a delinquency appears on a consumer credit report, the consumer can try contacting the creditor to request removal of the delinquency. Under identical circumstances, it takes more effort for a creditor to remove the delinquency after it has been reported, so it is in the consumer’s interest to contact the creditor as soon as they know their payment is going to be late and, ideally, before the late payment appears on their credit.
If the creditor is unwilling to remove the delinquency, a consumer can open a dispute with the credit reporter—e.g., TransUnion, Experian, or Equifax—and simply ask for its removal. If the creditor does not dispute the request, the credit reporter should grant the consumer’s request and promptly update the consumer’s report to reflect the removed delinquency.
by Paul MankinHas a debt collector ever used abusive or profane language when speaking to you?
Has a debt collector ever used abusive or profane language when speaking to you?
Receiving a call from a debt collector can be unnerving and intimidating. Many debt collectors are aware of this, and some will use tactics to intimidate you into making payments. The FDCPA protects consumers from harassing and abusive behaviors. A debt collector is not permitted to verbally abuse, use profane or obscene language, mock, or insult you. In their communications, both written and verbal, debt collectors must be respectful and businesslike.
If you are experiencing these harassing and abusive behaviors from a debt collector, please contact our office for a free, no obligation consultation at 1-800-219-3577.
by Paul MankinIs Encore Receivable Management Calling or Harassing You?
Encore Receivable Management, Inc.
Encore Receivable Management, Inc. (ERM) is a third-party debt collector that serves wireless and cable communications, banks, credit cards, and automobile lenders. The company was founded in 1999 and is based in Olathe, Kansas with additional locations in Lenexa, Kansas and the Philippines.
ERM is not accredited by the Better Business Bureau. To be accredited by the Better Business Bureau a company must demonstrate trust, honesty, transparency, responsiveness, and integrity. The Better Business Bureau gives ERM a “C-” rating for failing to respond to consumer complaints. The Better Business Bureau reports eight (8) complaints filed against ERM in the last 3 years. These complaints almost exclusively deal with frequent and repeated calling. One consumer reported receiving more than 100 calls in one month.
The Fair Debt Collection Practices Act (FDCPA) and the Rosenthal Fair Debt Collection Practices Act (RFDCPA) prevent creditors and debt collectors from abusive and harassing debt collection practices. This includes calling consumers repeatedly or continuously with the intent to annoy, abuse or harass. Although federal and state law does not state the exact number of calls that would constitute harassment, there is a large volume of case law that interprets three (3) or more calls a day from the same debt collector to be harassing.
Creditors and debt collectors should be held accountable for these unethical and unlawful practices. If you are being harassed or subjected to any of these, deceptive, or abusive debt collection practices, it is time to hold ERM accountable. Please contact our office for a free, no obligation consultation at 1-800-219-3577.
by Paul MankinHow Do I Dispute a Tradline with Experian?
Experian is one of three major U.S. credit reporting bureaus, each of which is regulated by the Fair Credit Reporting Act (FCRA). In addition to other consumer credit fairness and privacy provisions, the FCRA regulates the types of credit-related financial information (or “trade lines”) a reporting agency like Experian can use to calculate a consumer’s credit score or disclose in a consumer’s credit report.
Active credit monitoring enables a consumer to identify and resolve trade lines that appear or remain on their credit report outside the FCRA’s permissible reporting parameters, including trade lines that are erroneously reported (e.g., due to false or fraudulent claims) or outdated (e.g., a missed payment that is more than 7 years old). While the FCRA places a statutory limit on how long an agency may report a negative—or potentially negative—trade line, such outdated items commonly remain on more credit agency reports simply due to oversight. Depending on the type of trade line, the statutory reporting limit is either 2 years (credit history requests), 7 years (missed payments; most public record items, such as court judgments; chapter 13 bankruptcy), or 10 years (paid closed accounts; chapters 7, 11 and 12 bankruptcies).
When a consumer discovers erroneous or outdated information on their Experian credit report, they can notify Experian and request removal or correction of the trade line by filing an official dispute. A dispute may be filed online or by mailing a letter detailing the nature of the dispute and containing the following information: full name, date of birth, tax ID (SSN or ITIN), phone number, and current address. The following sample letter includes the Experian dispute mailing address:
Experian’s National Consumer Assistance Center
P.O. Box 4500
Allen, TX 75013
Date: January 1, 2019
Re: Credit Report Dispute
Name: John Doe
Social Security Number: XXX-XX-XXXX
Date of Birth: 1/2/1900
Current Mailing Address: 123 Main Street, Faralon CA 94XXX
Previous Mailing Address (if applicable): 456 Old Street, Faralon CA 94XXX
The following Experian report trade line is hereby disputed:
Trade Line Reference # 55555555 – Bankruptcy filed 11/10/2005: This Chapter 7 bankruptcy was filed more than 10 years ago. A true and correct copy of the bankruptcy filing is included herewith for reference. As such, this item is outdated and must be removed.
Sincerely,
John Doe, Consumer
Upon receiving a consumer dispute, Experian conducts an investigation and renders a decision on the matter within 30 days (21 days for Maine residents). During an investigation, Experian contacts the source of the disputed information (e.g., the creditor) by phone, mail, or via an automated verification system. The source is asked to either verify or refute the information provided in the consumer’s dispute.
Once complete, Experian notifies the consumer of the results of their investigation, as well as the resolution of the disputed matter. If the source of the disputed information verifies or objects to the disputed matter, Experian will relay that response to the consumer. If Experian concludes a dispute has merit and that a trade line update is warranted, the update will be made upon closure of the dispute. If the source fails to respond to Experian’s verification request within the stated time, Experian will resolve the dispute in the consumer’s favor and update the disputed item as requested.
by Paul MankinDid you purchase a vehicle with flood or hurricane damage?
With climate change comes more severe weather patterns, including devastating hurricanes and tropical storms that last longer than ever in our lifetimes to date. In California, we have seen a rise in fires over the last several years, which has created hazard for flooding and erosion. One of the little discussed effects of increased flooding is the damage to vehicles, especially in the resale market. It is not only the case with California vehicles that this problem exists, It is also with vehicles damaged by hurricane and tropical storms and flooding around the country as damaged cars are resold either as part of the buyer’s significant life event or simply as part of a purchase from sellers in one state to sellers in others. Used cars are often transferred between states en masse after a natural disaster, such as a tropical storm or hurricane influx.
The proper series of events when a vehicle is damaged by water from any source is for there to be an insurance claim filed and then for the insurer to make a damage report regarding the vehicle’s damage history and, if necessary, the addition of a flood title. This damage report then appears on the vehicle history attainable by dealers and by individuals who use services such as CarFax or AutoCheck. During times of chaos, however, such as during a major storm, reporting does not always occur as it should.
Whether it is because someone lost their home and will simply have to deal with repairs themselves if and when they get to it or, as occurs in many cases, because the owner carried only minimal insurance coverage that is unlikely to adequately cover the damage sustained, these storm vehicles are often simply salvaged or the carpeting is replaced and other signs of damage or exposure are repaired or covered up. In either case, this kind of misrepresentation is fraudulent and illegal. In California, it is a basis for voiding the contract for sale of a vehicle.
Even with obvious unreported damage, it can be costly and time consuming to take a seller to court, and there is no guarantee a buyer will actually recover payment from the seller even if they win a judgment against it. Therefore, it is incumbent on the would-be used car buyer to exercise due diligence and caution not only in vetting a vehicle for purchase but also in vetting the seller, whether that a dealer for the owner himself. When it comes to flood damage especially where there is an influx and water damage vehicles into markets like California due to weather disasters all across the country, it is unfortunately not terribly uncommon for dealers or for those selling to the dealers to fail to report no damage air even to falsify documentation make a vehicle history of here quicker than it actually is. A used car fire should always have independent Third-party mechanic and auto body shop examine a vehicle before making a deal for its purchase.
by Paul MankinHas a debt collector threatened to take money out of your bank account?
Has a debt collector threatened to take money out of your bank account?
The FDCPA and RFDCPA prohibits debt collectors from threatening to take money out of your bank account unless they actually intend to do so and are lawfully allowed. Despite the law, debt collectors will often threat to take money out of your bank account in order to intimidate you into paying a debt. This is considered a false and misleading representation and the debt collector should be held accountable for such reprehensible practices.
Of course, there are some limited circumstances where debt collectors could remove money from your bank account. Generally, the debt collector must have filed a lawsuit and obtained a judgment against you in order to garnish funds from your bank account. With the proper help and guidance from an experienced attorney, a judgment can be avoided.
If a debt collector is threatening to take money out of your bank account, please contact our office for a free, no obligation consultation at 1-800-219-3577.
by Paul MankinWhy is a hospital slip and fall case considered a “Never Event”?
When at a hospital, you assume that you will be well taken care of, and in good hands. Otherwise, why would you be at a hospital in the first place? Of all the places to visit or to be sent to, you would hope that a hospital is the safest of them all.
As such, it is almost unheard of to have accidents occur inside of a hospital or medical facility. Yet, they can occur, and sometimes result in disastrous injuries and complications for patients and visitors alike, such as a slip and fall. These incidents, known as “Never Events”, should statistically never happen, and yet they do. So why do they occur, and how do they impact you?
What exactly is a hospital slip and fall?
Even though a slip and fall incident anywhere can be a dangerous mishap to have occur, a slip and fall within a hospital or medical facility can be extremely dangerous. This is due to the fact that patients and visitors alike to hospitals are already in a vulnerable state to begin with. The most prominent type of person that would be prone to a slip and fall would be an in-patient resident who needs constant care due to long-term problems that are being treated. This may make them especially susceptible to spills and other hazards that may not be easily identified.
There is also a specific type of slip and fall case that is not seen in most regular workplaces. These are the slips and falls caused by a hospital’s, or doctor’s, error when either diagnosing the patient, or giving care to a patient. This can be especially dangerous, as the diagnosis was made already, but the treatment may not be fit. Things such as prescribed medications and absence of proper medical equipment present can lead to an increase in slip and fall possibilities.
Hospital Vs. Common Workplace Cases
There are some major differences when it comes to talking about slip and fall cases between workplaces and hospitals. These differences do play a role when going into the courts and making a case. As such, it is important to discuss them, and their distinctions.
With common workplace slip and fall cases, it is seen as a hazard that comes with the workplace. Depending on what is deemed as the cause of the slip and fall, it can be easy to determine the amount of repayment and aftercare payments that should be made to the employee or person in question for damages and injuries sustained.
This can vary drastically when it comes to medical facilities. This is due to the amount of safety and precautions that are generally taken to prevent such a simple accident from occurring.
Why is it known as a Never Event?
Slip and fall cases are known as “Never Events” by most medical facilities and hospitals due to the fact that they should almost never occur. With most events, it is seen as somewhat acceptable if they do occur. However, with slip and fall cases, they are seen as simple, and easy to prevent. Some signs up over spills, and some positive lighting, and it should be okay. Along with that prevention, most patients are taken care of by staff, and should be attended to regularly.
With how much safeguarding is given to the patients, it is almost inconceivable that an accident could occur. As such, it is known as a “Never Event”, or an event that should never happen due to the safety precautions laid out.
However, with a lapse in judgment for the patient’s diagnosis, they can be left with improper care, resulting in the increased possibility of an accident occurring.
How does this Impact patients?
The impact of a slip and fall accident being labeled a “Never Event” does leave an impact when dealing with claims and possible lawsuits. This falls under technical legal jargon that can either make or break your case.
In most instances of a slip and fall, the hospital that the incident occurred in will attempt to state that they had given proper warning and adequate equipment to ensure the safety of the patient in question. In turn, the patient may state that the cause of the incident was due to the negligence of the doctor or staff on site at that time, or if it were due to a fault in the medical facility.
In all slip and fall cases, the claim and lawsuit bottom line is who is at fault, and who was the cause of the incident. If probable cause is stated that implicates and confirms that the error was on the side of the hospital, or its staff, then the event would not be labeled as a “Never Event”.
If you still have questions about a slip and fall incident, or if you feel like you have been wrongfully turned away with your claim, then it will help to contact an experienced and knowledgeable attorney to help with your case. With an experienced attorney, they will be able to walk you through the definitions and functionalities of the “Never Events”, and how to set up your case to ensure you get the proper treatment necessary.
by Paul MankinHas a Debt Collector or Creditor Disclosed or Revealed Personal Information about You or Your Debts to Other People?
IN GENERAL, A DEBT COLLECTOR OR CREDITOR MAY NOT DISCLOSE PERSONAL INFORMATION ABOUT YOU OR YOUR DEBTS TO OTHERS.
Has a debt collector or creditor disclosed or revealed personal information about you or your debts to other people?
Under the FCPA, debt collectors not allowed to contact others in reference to your debt or a debt they believe you owe, except for:
- Your spouse
- Your attorney
- A consumer reporting agency (if permitted by local law)
- The creditor
- The creditor’s attorney
- Their own attorney
However, if a creditor or debt collector believes that another person may have your current telephone number or address, they may contact that person to ask for or verify that information. What they cannot do is contact the other person more than one time, unless given permission to do so, or disclose information about the amount of the debt or to whom it is owed, unless specifically asked by the third party. The creditor or debt collector may contact the third party again, without permission, only if they believe that the third party has updated information about how to contact you.
Debt collectors are also prohibited from publishing information about debtors where it is accessible to the general public. Unfortunately they may report personal information about you and the debt you allegedly owe to credit reporting agencies who may then furnish the information to a limited number of people including persons it has reason to believe intend to use the information for the purposes of:
- Employment
- Insurance underwriting
- Eligibility for a license issued by a governmental
- In connection with a credit transaction
If a debt collector or creditor has disclosed or revealed personal information about you or your debts to others, please contact our office at 1-800-219-3577, for a free, no obligation consultation.
by Paul MankinWhat should I do when there Is Inaccurate Information On Your Credit Report
Inaccurate information is the easiest type of error to correct on a consumer credit report because credit reporting agencies—e.g., TransUnion, Equifax, and Experian—are required by law to ensure that only accurate information is made available through one’s credit report.
It is common for a consumer to monitor their credit report in an effort to resolve issues resulting in a less-than-desirable credit score. It is, however, in every consumer’s interest to monitor their credit report at least annually to ensure all reported information is accurate. Inaccuracies are relatively easy to correct and are more likely to be resolved in the consumer’s favor the sooner they are identified and addressed.
Some of the most common types of inaccuracies include: marking a timely made payment as ‘missed’ or ‘late’; reporting a credit account on the report of anyone other than the debtor; failing to change the status of a charge-off account once it has been paid or settled; stating an inaccurate account balance; and reporting ‘mixed’ information from two or more individuals in a single report.
If the inaccuracy at issue is most likely due to a reporting error by a creditor, the consumer can ask the creditor to correct the error or update the account information with the reporting agency. If the consumer is unable to have the inaccuracy corrected through the creditor, they can file a dispute directly with the credit reporting agency, as described below.
In some cases, an inaccuracy will result from an error in information available through public records. In this type of instance, it is critical to resolve the inaccuracy in the public record before attempting to correct the inaccuracy on a credit report because the reporting bureaus will refer to the public record for evidence of the consumer’s claim in dispute. For example, a court judgment that has been paid in full will continue being reported on a consumer’s credit report unless and until the court records the judgment as being fully satisfied.
After an error in the public record is corrected, the consumer should file a dispute directly with the applicable reporting agency(ies) and include copies documents showing the old (or erroneous) information, as well as documentation of the corrected information. Likewise, a consumer should file a dispute directly with the appropriate reporting agency when the inaccuracy appears to be an agency error or where the consumer is unable to have the inaccuracy corrected by the creditor or other responsible party.
To request correction of inaccurate information on a credit report, a consumer may file a dispute directly with the agency reporting the inaccuracy—typically, TransUnion, Equifax, or Experian. The big three reporting bureaus each provide a portal for online filing, as well as a mailing address for filing a dispute by post:
TransUnion
Consumer Dispute Center
P.O. Box 2000
Chester, PA 19022
Equifax
Consumer Dispute Center
P.O. Box 740256
Atlanta, GA 30374
Experian
Consumer Dispute Center
P.O. Box 4500
Allen, TX 75013
Whether a dispute is filed online or by mail, the consumer should be prepared to provide the following information: full name, date of birth, tax ID (SSN or ITIN), phone number, current address, and a letter detailing the nature of the dispute. The consumer may also need to include documentation, such as copies of old/erroneous public record information and documentation of new/corrected information.
Once a dispute is opened, the reporting agency has 30 days to investigate the consumer’s claims and report back to the consumer whether the claimed inaccuracy was verified and corrected or successfully refuted by the creditor or, as applicable, by information available in the public record.
by Paul MankinHas a Debt Collector or Creditor ever Insulted You while Attempting to Collect Money from You?
DEBT COLLECTORS AND CREDITORS MAY NOT INSULT YOU WHILE ATTEMPTING TO COLLECT MONEY FROM YOU.
Has a debt collector or creditor ever insulted you while attempting to collect money from you?
The federal Fair Debt Collection Practices Act (FDCPA) and the California Rosenthal Fair Debt Collection Practices Act (RFDCPA) prohibit debt collectors and creditors from abusing any person while attempting to collect a debt. Insulting someone is abusing them!
Some examples of insulting things debt collectors have been reported to say to consumers include:
- You are not a real man
- You don’t get to sit around not paying your bills while the rest of us work
- What kind of loser are you?
- Get off your butt and get a job
- You should be ashamed of yourself
- Is this how your mother raised you?
Anything that a debt collector or creditor says to you that is meant to belittle or humiliate you is abusive and is in violation of the law.
If a debt collector or creditor has insulted you while attempting to collect a debt, please contact our office for a free, no obligation consultation at 1-800-219-3577.