Bankruptcy And Debts

Twenty-six states regulate insurers use of credit scoring by requiring greater notice and reporting.²⁰⁶ Despite the movement to restrict use of credit scores, they are, in fact, used widely, particularly by auto insurers. Stress Risk-Taking In fact, auto insurers are passionate in their belief the credit scores they use are one of the best predictors of future losses. Allstate Counsel Steven R. Sheffey said, Credit-based insurance scoring is the most significant advancement in cost-based pricing in at least the past 30 years. ²⁰⁷ In the insurance world, you do not have to explain why certain kinds of data predict risk, only that they do, he said. consolidation debt mortgage

Sheffey said that authoritative research²⁰⁸ showed there are two basic explanations as to why insurers are able to find information in your credit report that is predictive of future losses. consolidation debt help

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Arkansas, Georgia, Hawaii, Idaho, Illinois, Louisiana, Minnesota, Missouri, Montana, Oklahoma, Washington, and Wisconsin. See the Web site of the National Association of Mutual Insurance Commissioners, http://www.namic.org/state/credithistory.asp, for an overview and, http://www.namic.org/state/creditlaws.asp, for a brief description of each State s law. consolidation credit debt

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Arizona, California, Colorado, Delaware, Florida, Georgia, Idaho, Kansas, Maine, Maryland, Massachusetts, Missouri, Montana, Nebraska, New Hampshire, New Jersey, New York, Ohio, Oregon, Rhode Island, South Carolina, Texas, Utah, Virginia, Washington, and West Virginia. Some states have more than one kind of insurance-credit scoring law, hence the overlap. (See Footnote 1) bill consolidation debt

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Letter from Steven R. Sheffey to Evan Hendricks (undated), received in February 2004. ²⁰⁸ Sheffey said there were over 30 articles or studies supporting the stress and risk taker theories. One of them was The Use of Credit History for Personal Lines of Insurance; Report to the National Association of Insurance Commissioners, American Academy of Actuaries Risk Classification Subcommittee of the Property/Casualty Products, Pricing, and Market Committee., November 15, 2002 consolidation debt quote

The first explanation relates to stress. People under stress are more likely to have auto accidents. They may be more easily distracted or not react as well to certain situations (the difference between an accident and a near-miss is often just a fraction of a second). Financial problems are a known cause of stress. Therefore, some people with poor scores are more likely to experience stress and thus more likely to incur losses, Sheffey wrote.²⁰⁹ consolidation debt lead

The second explanation relates to risk-taking behavior, he continued. Different people have different aversions to risk. Some people like to skydive. Some people are afraid of the amusement park roller coaster. Some people will run a yellow light if it was yellow when they first saw it. Some people will stay under 55 on the highway. People who are more likely to take risks are more likely to get into serious financial difficulties (bankruptcies, liens, foreclosures, etc.) than those who are more risk averse. As the studies show, people who are more likely to take risks are also more likely to get into auto accidents. Therefore, some people with poor scores are more likely to engage in risky behavior and thus more likely to incur losses. Similar reasoning probably applies to homeowners insurance as well. consolidation debt non profit

Neither, either, or both of these theories may be true for a particular individual. In some instances, financial difficulties might not be caused by risk-taking behavior, but will still produce stress. In other instances, however, it is the risk-taking behavior rather than stress that leads to a greater likelihood of loss, he wrote. consolidation debt loan online

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Sheffey letter, op. cit. Sheffey said another theory is that credit history reflects personal responsibility and that one who prudently manages one s finances is prudent and responsible in the realms of homes and cars as well.²¹⁰ A derivation would be that financially stable people would be more likely to pay for a minimal loss themselves because they have the financial wherewithal, rather than file a claim. ²¹¹ Similarly, some insurers believe that financially stable individuals are likely to exhibit stability in many other aspects of their lives.²¹² consolidation debt home loan

Sheffey said Allstate was not aware of any research that supported these theories, but was emphatic that the risk-taking and stress theories were well supported by research. Key Factors For Insurers According to the American Insurance Association, here are some of the kinds of data from credit reports that are of most interest to insurance scoring models: christian consolidation debt

• Payment History consolidation debt information

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• Length Of Credit History california consolidation debt

• Amount Of Outstanding Debt consolidation debt loan uk

• New Applications For Credit consolidation debt equity home

• Types Of Credit In Use consolidation debt government

The debate over the link between credit reports and insurability promises to continue, as few consumer advocates have been persuaded by Sheffey s arguments. ²¹⁰ Insurance Information Institute, The Use of Credit Information as an Underwriting Tool in Personal Lines Insurance, Brookings Institution Presentation, February 27, 2003. consolidation debt firm

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From an April 11, 2003 presentation by NAIC President and Arkansas Insurance Commissioner Mike Pickens, reported by AM Best on April 14, 2003. ²¹² Insurance Information Institute, The Use of Credit Information as an Underwriting Tool in Personal Lines Insurance, Brookings Institution Presentation, February 27, 2003. A Contrary View Birny Birnbaum executive director of the Council for Economic Justice in Austin, Texas has led the fight against insurance credit scoring. He continually has challenged industry assertions that it is fair, that there is a correlation between credit history and insurance, or that the studies supporting it were credible. consolidation debt financing

The evidence supporting the correlation claim comes almost exclusively from insurers, insurer trade associations, and credit scoring vendors who refuse to divulge the methodology of their studies, details of the study results, and/or the underlying data for independent verification, Birnbaum wrote in a January 2003 report for the Ohio Civil Rights Commission.²¹³ For those studies about which some information is known, the industry claims become more suspicious. For example, Fair, Isaac and Company continues to bring out the Tillinghast study as support for the correlation-even though the National Association of Insurance Commissioners Credit Reports subgroup dismissed the study as counterproductive and misleading. consolidation consumer credit

Birnbaum said there is plenty of evidence to raise questions about the industry s correlation theory. For instance, while economic conditions vary greatly by geographic region, credit scoring models are developed on a national basis. One survey showed that in the fourth quarter of 2000, mortgage delinquencies in the South were almost 60% higher than in the West. Consumers with high credit scores in a region with weak economic conditions were more likely to encounter problems than consumers with lower scores in a region with stronger economic conditions, Birnbaum wrote.²¹⁴ consolidation debt free quote

Caroline Wright, a 34-year-old student from Virginia, told the Post s Michelle Singletary that a mortgage broker told Wright she would have trouble getting a good interest rate on a home loan if her on-time payments to Sallie Mae were missing from her Experian and Trans Union reports files. card consolidation counseling

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www.salliemae.com ²⁹³ Harney, Kenneth, Sallie Mae s History Lesson, Washington Post, November 15, 2003, pg. F1 They weren t protecting me, Wright said. They were doing exactly the opposite. ²⁹⁴ The controversy came in the latter stages of Congress s consideration of amendments to the Fair Credit Reporting Act. Once the story broke, Senator Richard Durbin (D-IL) prepared legislation to require Sallie Mae to resume reporting to all three credit bureaus. Soon thereafter, Sallie Mae sent a letter, promising to continue reporting to Experian and Trans Union. Undeterred, Durbin said he would offer his amendment as part of the Higher Education Act, instead of the FCRA. consolidation debt lender

Students Credit Cards

Another challenge facing graduates is a high level of credit card debt, often at high interest rates. Prof. Robert Manning of Rochester Institute of Technology, and author of Credit Card Nation, ²⁹⁵ told Congress, What is striking in the acknowledgement of the credit card industry is that college students are a desirable market because of their ignorance of personal finance and their lack of consumer debt. ²⁹⁶ calculator consolidation debt

The marketing of credit cards has shifted rapidly over the last five years from college upperclassmen to college freshmen and high school seniors. More significantly is the recognition that student consumption has a large debt component that is increasingly financed by family loans, federally subsidized student loans, summer earnings, and part-time employment during the academic year, and even with other credit cards. best consolidation debt loan

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Singletary, Michelle, Giving Students Due Credit for History, Washington Post, Nov. 6, 2003, pg. E3 ²⁹⁵ Credit Card Nation: America s Dangerous Addiction to Consumer Credit (Basic Books, 2001). ²⁹⁶ Statement of Prof. Robert Manning before the House Financial Services Subcommittee on Consumer Credit, June 12, 2003. http://financialservices.house.gov/media/pdf/061203rm.pdf consolidation counseling

Three out of five students with credit cards in our survey had already maxed them out during their freshmen year and, three out of five freshmen with multiple credit cards were already using bank cards to pay for other revolving credit accounts. Furthermore, this survey reveals that nearly three-fourths of students use their student loans to pay for their credit cards. Not incidentally, recent studies indicate that this indiscriminate marketing to college students has led to high incidences of fraud and identity theft among this young adult population, Manning testified.²⁹⁷ best consolidation debt

Not surprisingly, Manning recommends that students check their credit reports. Clearly, today s graduates face greater challenges in managing their finances so as not to jeopardize their finances. The National Consumers League has a page on its Web site dedicated to student debt issues.²⁹⁸ Divorce Divorce can have a dramatic impact on the divorcee s credit score and credit report. A major problem is that divorcees often don t realize the extent to which their credit relationships can continue to entangle each other s lives well after divorce. Or, they are so overwhelmed with the emotional and logistical difficulties of separation that there is little time left for separating and straightening out credit relationships. But that is precisely what you need to do: ensure that your name is no longer on accounts for which you are not responsible for paying. During the divorce, the husband and wife usually work out a division of debts that receives final approval from the judge. Divorcees often think that any debt assigned to their ex-spouse by the court frees them from that debt for ever after. best company consolidation

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. ²⁹⁸ www.nclnet.org/moneyandcredit/index.htm The problem is that your creditors usually don t know about your divorce. In terms of the credit report, problems arise when the ex-spouse who is responsible for paying an account, fails to, and the other spouse, according to the creditor s records, is still a co-signer or joint user or otherwise associated with the account. The failure to pay goes on the credit report of the innocent spouse, creating a fresh derogatory that slams that spouse s credit score. consolidation debt lending

Thus, it is vital that divorcees identify all of their accounts and separate them completely. This includes mortgages, credit cards, bank loans, debit cards, store charge cards, lines of credit, and overdraft checking. Some authors suggest that spouses begin separating accounts as soon as they consider separating.²⁹⁹ business consolidation debt

Of course, it s also crucial that divorcees obtain their credit reports to check the accuracy of information. Bankruptcy Bankruptcy is the most derogatory item that can appear on your credit report. Under the Fair Credit Reporting Act, a bankruptcy can stay on your report for 10 years. But that does not mean you can no longer get credit. As Gerri Detweiler, a renowned expert on credit explains in her 1997 book, The Ultimate Credit Handbook, (Plume) people can rebuild their credit after bankruptcy or other traumas. It requires patience and a plan. It starts with checking the credit report to see where you stand. If you still have open accounts, try to negotiate with creditors to improve the way they report on you to the credit bureaus, Detweiler advises. Try to catch up on any accounts for which there might be late payments. advice consolidation debt

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Ventura, John The Credit Repair Kit (Dearborn 1998 3rd Edition); or see Sember, Brette McWhorter, Repair Your Own Credit and Deal With Debt (Sphinx 2003 2nd Edition) Next, try to re-establish positive lines of credit. A bank card, paid on time over time, is one of the stronger credit references you can add. In the beginning, she says, you might need to get a secured credit card, which requires you to deposit money so use of the card is secured against those deposits.³⁰⁰ But be careful: both Detweiler and the FTC warn there are a lot of scam artists offering secured credit cards. The BankCard Holders of America (BHA) provides a list of institutions offering secured cards.³⁰¹ consolidation debt interest

Perhaps the best scholarship on bankruptcy is found in the books of Harvard Law Professor Elizabeth Warren.³⁰² Warren has pointed out that of the 1.66 million bankruptcies filed in fiscal year 2003, nearly 40% were by husband-wife couples, meaning that the number of people who actually filed for bankruptcy in that year was 2.14 million.³⁰³ consolidation debt refinance

Warren said that women were both the fastest growing and largest demographic group in bankruptcy. There were 1, 661, 996 bankruptcies filed in fiscal year 2003, up 7.4% from the 1, 547, 669 filings in fiscal year 2002. Since 1994, when filings totaled 837, 797, bankruptcies in federal courts have increased 98%. From 1991-95, annual bankruptcy filings hovered around 870, 000. The biggest noticeable jump occurred in 1995-1996, when they went from 874, 642 to 1, 125, 006.³⁰⁴ Interestingly, that is when credit card companies sharply escalated their use of direct marketing solicitations offering pre-approved credit card offers. It is estimated that the industry now sends out five billion unsolicited credit card applications annually. consolidation debt finance

Id. ⁴⁵ Id. It seems to me that the fastest way to spoil this wonderful new service by making it look like credit repair would be for repositories to insist that credit resellers restrict mortgage brokers and lenders from charging a fee to the consumer for the upgraded credit report. The NAMB official called this restriction a baseless policy. The AAI concluded that resellers were caught between the proverbial rock and a hard place. consolidation debt plan

Resellers, faced with the prospect of audits and termination by the repositories, are understandably reluctant to deviate from the express terms of their contracts. But at the same time, they are loath to be perceived by their customers as holding the line on a baseless policy which costs their customers money. The repositories have been asked to clarify the rules, but have so far refused to do so. Thus, while re-scoring is a permissible business for resellers, the repositories have made it difficult or impossible for resellers to profit from it without risking the alienation of its customers. consolidation debt personal

As mentioned, if indeed the Big Three are putting the squeeze on independent resellers, they might be doing so to take over that portion of the market. But the motivations could run deeper. The AAI report noted that major creditors, even though they often are the cause of inaccuracy, do not want to have to deal with resellers. consolidation debt management

At least one national credit card issuer flatly refuses to accept inquiries from smaller credit reporting agencies, AAI wrote. The single largest concern of the repositories is to maintain the inflow of credit data, so it is to be expected that they would be protective of large credit furnishers. Thus, smaller resellers engaged in updating and correcting errors created by reporting creditors are often viewed as a liability by the repositories. consolidation debt secured

The AAI added: Smaller resellers are also a liability to repositories in another sense. With their primary emphasis on customer service, smaller resellers often shed light on repository practices and the extent of their compliance with laws and regulations. They expose inaccuracies and errors in credit data and also educate the public about the industry and about the legal rights of consumers. consolidation debt florida

In March 2004, the National Credit Reporting Association and its members filed separate anti-trust lawsuits in federal court in California and California state court against Equifax, Experian, and Trans Union. The case was pending when this book went to press. After the lawsuits were filed, some re-sellers complained of retaliation, as at least one of the major CRAs exercised its right under their contracts to conduct an audit. canada consolidation debt loan

Unless the lawsuit results in major changes, consumers should not expect all mortgage brokers to inform them about re-scoring. Those mortgage bankers or brokers who make higher commissions on sub-prime borrowers actually have a disincentive, as re-scoring could cut into their incomes when the borrowers get better rates. consolidation debt nonprofit

Moreover, because of all the price hikes, cost can be a major factor for brokers and mortgage companies that are expected to absorb the cost of re-scoring. In 2000, the aver-age re-score, consisting of two tradelines corrected on reports issued by two of the three CRAs, would cost the re-seller $28.00 (using the high of 7.00 per trade), a figure that was palatable to most mortgage bankers/brokers. That same re-score would now cost the reseller approximately $120. consolidation debt reduction

Veracity - How to Get Your Credit Report for Free

We d like to help you learn about yourself... - Simon Garfunkel Mrs. Robinson In this chapter, we will explain how to order copies of your credit report⁴⁶ and credit scores from the newly created Centralized Source, either by mail, by phone, or via the Internet. We will also explain how to order them directly from Equifax, Experian, Trans Union, and Fair Isaac. If you want contact information right away, go directly to page 75, and to page 85 for Fair Isaac. calculator card consolidation

By September of 2005, all Americans will be entitled to obtain one free copy per year of their Equifax, Experian, and Trans Union credit reports from the Centralized Source (credit scores are not included and always come with a price). The free report and the Centralized Source were mandated by Congress when it passed the Fair and Accurate Credit Transactions Act of 2003 (FACT Act). The goal of the law is to improve credit report accuracy and fairness by encouraging Americans to review their credit reports. consolidation debt unsecured

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Technically, the CRAs define the report they give to you as a consumer disclosure. The version that is given to their subscribers, the credit grantors, when you apply for credit, is defined as a credit report. For simplicity and stylistic purposes, we will generally refer to consumer disclosures as credit reports. consolidation debt free loan

To further this goal, Congress left in place all of the existing reasons that consumers were entitled to free reports (see pages 75-76). The bottom line: If you know your rights, you can regularly check your credit report throughout the year at little or no cost. This is a significant advance, considering that Equifax, Experian, Trans Union and others each charge between $89-$119 annually for ongoing credit report monitoring services. consolidation debt high loan

This chapter should help cost-conscious consumers figure out the most economical way to obtain their credit reports. For those whom cost is not an issue, this chapter should help them decide the fastest way to get the most complete picture. consolidation debt free help

Author s Note:

At the time you read this book, you might not yet be entitled to your free report under Federal law. Still, anyone can go online and get their Experian report for free, but you must sign up for a 30-day trial at www.freecreditreport.com and provide a credit card number. If you fail to cancel by the 30th day, your credit card will be charged $12 a month until you do cancel. consolidation debt ohio

The Centralized Source - Contact Information

Remember, you can order your free report from one, two or all three of the CRAs by mail, by phone or over the Internet. Here s the contact information. Annual Credit Report Request Service P.O. Box 105281 Atlanta, GA 30374-5281 1-877-322-8228 www.annualcreditreport.com Once you are eligible, you can request your free report by mail, by phone or over the Internet. You can choose to order your Equifax, Experian and Trans Union reports all at once, or, you can order only one of three bureaus first, and then request a second one months later, and the third one after that. If you stagger your requests by four months, you effectively monitor your credit report three times per year. If you are not planning a major credit transaction like a mortgage, refinancing or auto purchase, then the staggered approach might be best, as it permits you to periodically monitor your credit report for signs of identity theft (see Chapter 7). advice consolidation debt free

However, if you are planning a major credit purchase in the coming months, it s probably best to get all three at once. Remember, authoritative research by the Consumer Federation of America (CFA) and the National Credit Reporting Association (NCRA) showed there could be major discrepancies between the three bureau reports for any given consumer (see Chapters 2 10). consolidation debt free online

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