Archive for the ‘Commentary.’ Category

Want to keep those credit lines?

Saturday, March 14th, 2009

You may well not be able to!  No matter how well you handle credit.

The stories are coming out all over the Internet:  A debtor has a bunch of credit lines they have handled well.

Their reward?  Credit line decreases (CLD).  Or an “offer” of cash as an “incentive” to close and pay off the account (AMEX is doing this).  Or…the creditor simply says “Bye!” one day.

The reason?  Cold feet…or too much red ink.  Creditors these days have a lot of one or the other.  Or both.  The tight financial markets, subprime mortgage “meltdown”–the economy in general– are making creditors reassess their exposure and risk to their shareholders (where applicable).

The standards used?  Nothing the consumer has much control over in a lot of cases.  These posts from Debtorboards , for instance, reveal a lot about the situation and the seemingly illogical way that OCs are trying to save themselves.

Posts like this one by Flyingifr:

http://www.debtorboards.com/index.php/topic,7867.msg55987.html#msg55987

American Express CLD’d me in November, giving the “times are tough” reason. The new, improved CL I had was about $200 more than my current balance at the time. Over the next 4 months I paid it down another $1000 without adding any new charged. They cut me again this month, again to about $200 more than I owed at the moment. At that time I figured out that Amex no longer wanted my business and I closed the account. Here are the reasons given (and the truth behind the “reason”

1. Your total debt is too high with American Express or other creditors.

My total debt is $50,000 lower than it was when you gave me the card, and $1000 less with Amex than it was 4 months ago. Now, all of a sudden, it’s too high? …

2. The balance on your American Express card is too high relative to your credit limit.

No kidding, after you reduced it twice in 4 months by almost 50%!!!!

3. The average amount of payments in relation to your overall balance on your American Express account(s) has been too low.

I have always paid more than the minimum payment you requested. …

4. Too many creditors have recently reviewed your credit.

No kidding… including you every month. …

5. Your credit score as provided by TransUnion. According to TransUnion, your score is based on the following factors in your credit report:

5A. Proportion of balances to credit limits on bank/national or other revolving accounts is too high.

According to my TU credit report, my utilization is 19%

5B. Length of time revolving accounts have been established.

My oldest, Wells Fargo, is 6 years old, and has a $50,000 line.

5C. Length of time accounts have been established.

I don’t know if this applies to the Wells Fargo account being my oldest at 6 years or their account at 1 year.

5D. Time since most recent account opening is too short.

Yeah – 1 year – it was YOUR account. …

My other Amex account was closed for this reason:

6. Your spending patterns.

Like they would know my spending patterns. I never used that other account – not once. …

Or this one by Kitten:

http://www.debtorboards.com/index.php/topic,7867.msg56011.html#msg56011

[That is the same "no-usage"] spending pattern that just cost me an Advanta card. I did a BT with it in 2006, paid it off in 2007, and never spent anything. The card was due to expire in a few months, so I WAS going to put it in my wallet to show some usage, but got the letter last week telling me it was closed.

“Steve” wrote:

http://www.debtorboards.com/index.php/topic,7413.msg53031.html#msg53031

These GEMB a-holes are really messing up nowadays! One of my sister’s cards for a Jewelry Store keeps saying she didn’t make her payment, when she paid it off completely. Then, they paid her a refund of $500 while reporting 30-days late to her credit file, and now is saying she owes them about $1000! Her CareCredit card (both GEMB) was CLOSED, and she is pissed!!!

For me, they sent me a BS letter lowering my Paypal credit limit to $100! True, I’ve never used the stinking thing, but, regardless, that bank is clearly going through some stuff!

Another from Flyingifr-Citibank this time:

http://www.debtorboards.com/index.php/topic,7413.msg53636.html#msg53636

[T]hey CLD’d me to an available credit of $125 from a line of $15000. Rather than give them the pleasure of continuing to CLD me as the balance came down I closed the account. Absolutely no attempt was made to keep the business.

It seems Doctor Evil thinks it’s a situation of “debtor is lying about their credit status and therefore the creditors are being sensible:

http://www.debtorboards.com/index.php/topic,7850.msg55858.html#msg55858

I gotta say, have various cards, amex included with various balances and have not had one credit limit decrease or one rate increase. In fact, although solicitations have decreased, amex is the most common one I get.

Not trying to say my creidit is better than yours, but why do you think this is?

Actually, the reason so many are getting the “35-story shaft” from creditors such as AMEX may not really be the fault of the consumer, but…

http://www.debtorboards.com/index.php/topic,7850.msg55861.html#msg55861

As Flyingifr replied in that thread:

Doc – My FICOS are in the mid 700′s and my utilization is 20%.

I think it’s more a case of I live in Arizona (#3 in the nation in foreclosures) and you live somewhere else with a much lower rate.

As in real estate, whether one gets a CLD or not may well depend on only one thing: Location, location, location.

Unemployed? Getting U.C. on a prepaid debit card? Watch out!

Thursday, February 19th, 2009

You may also be getting something else:  Assessed bank fees simply trying to access YOUR money.

This Associated Press report (via. the  ‘Clarion-Ledger’ [Mississippi]), Jobless hit with bank fees on benefits” (“Fair Use” claimed) tells of the unpleasant “surprise” some unemployed people have discovered when they try to use the “convenient” cards, or even ask the bank via. phone how to use them!

One unemployed engineer–Arthur Santa-Maria from New Mexico–found out the hard way just why banks such as Bank of America (B0A) have found these contracts with several states to administer the unemployment benefits via. prepaid debit card attractive:

[H]e was issued a Bank of America debit card …was surprised to learn he had to pay fees to get his money. He asked the bank to waive them. It said no. That’s when Santa-Maria called back to ask how to check his account online. He logged on and saw that the call cost him a half dollar. To avoid more fees, Santa-Maria found a Bank of America ATM at a strip mall and withdrew $80 at no charge… [H]e decided to take out the rest of his money — $250 — and deposit it in his bank account.

Afterward, Santa-Maria logged on to his account and saw a charge of $1.50 for two withdrawals in one day.

Nice:  He gets charged to call them to ask how to use the thing.

Then he gets charged to get his balance on-line.

Then, to add insult to injury?  Mr. Santa-Maria gets dinged an additional penalty fee for making two withdrawals in one day!  And was his bank BoA?  If so, that was adding insult to injury.

Avoid this expense by “using the card in the right way”?  Not so easy:  Since many an expense cannot be paid with a debit card–such as the rent and utilities–and a single benefit payment (benefits are generally paid by the week) is likely less than the amount of the biggest bills over the course of a month which necessitates multiple withdrawals and re-deposits into an existing account, either at that bank or another one?   One can easily see the income potential for a bank like BoA.

But why would the states agree to a program that could be a political millstone around their necks?  After all, their unemployed constituents would not exactly be fond of being treated like little children–or welfare cheats–simply to get the unemployment benefits they are qualified for.

Unless…

A typical contract looks like the agreement between Citigroup and the state of Kansas… The state expects to save $300,000 a year by wiring payments to Citigroup …

Citigroup’s bill to the state: zero. The bank collects its revenue from fees paid by merchants and the unemployed.

It’s cheaper to wire money in bulk and let the private sector take on the expense…and the opportunity to make a big profit…of distributing the funds to beneficiaries.   After all, issuing individual checks is expensive and states are not adverse to saving beaucoup bucks where they can.  New Mexico certainly does:

The state saves up to $1.5 million annually by not printing checks.

Are these fees necessary?  Not really; the banks are open to administering the distribution of the benefits if the states would just pony up those administration fees.

You can guess what the states will NOT do.  Nor will they necessarily think the current fee schedule is “unfair”:

Bank of America spokeswoman Britney Sheehan pointed out that the fees charged in New Mexico are similar to those charged in the 29 other states with unemployment debit cards.

How prevalent is the issuance of pre-paid debit cards as the medium for paying unemployment benefits?  Thirty states now use these debit cards for paying benefits; eleven are considering switching to debit cards from paper checks. (The rest use checks or direct deposit.)

[See the original graphic here .]

Are there benefits?  Maybe, if one is among the “unbanked”:

[T]he cards can save money for jobless workers who have no bank accounts. In the past, these people had to use corner check-cashing shops that charged fees as high as 2 percent, or $6 for a $300 check. Now, they can swipe their cards at McDonald’s, Wal-Mart or elsewhere for free

A bargain for these people?  Hardly:  It’s very unlikely that businesses will give “cash back” without a purchase or even with one.

This also overlooks the fact that many of these banks may not be located where the unemployed worker is or can get to and the ATMs they can access may not be in the “network”.  That means more fees, potentially to at least two different entities (the ATM owner and the issuing bank).  Since the average fee for a withdrawal at a non-network ATM is already substantial (it averages around $2.00 a withdrawal where I am located (CT)), the fess for using a check cashing service may well be cheaper than the fees tied to the use of the debit card over time.

Also remember that “pre-paid” debit cards do not allow for any sort of “overdraft” privilege so there are no additional costs to the bank for such transactions.  Or, do they prohibit overdrafts?  Perhaps not: Seems that such a logical conclusion–don’t allow overdrafts–may not be in the best interests of the bottom line of some banks:

Some banks even charge overdraft fees of up to $20 — even though they could decline charges for more than what’s on the card.

How nice:  Overdraft fees, too.

The only way to avoid all of this is to handle the debit card as if it were a paper check:

They also provide at least one way to tap the money at no charge, such as using a single free withdrawal to get all the cash at once from a bank teller.

And they claim this service is really for the “convenience” of the beneficiary? Since when is having to wait in line at a bank and then dealing with a teller (especially if the bank is not the one one has their account(s) at) “convenient”?

No…the reason for all of this bulldung is here:

Some banks…also make money on the interest they earn after the state deposits the money and before it’s spent. The banks and credit card companies also get roughly 1 percent to 3 percent off the top of each transaction made with the cards.

As an example, in Missouri, analysts figure the average recipient uses the card six to ten times a month:

…94,883 people claimed unemployment benefits through debit cards from Central Bank….If each cardholder makes three withdrawals at an out-of-network ATM, at a fee of $1.75, the bank would collect nearly $500,000. If half of the cardholders also dial customer service three times in any given week…the bank’s revenue would jump to more than $521,000. That would yield $6.3 million a year.

As Rachael Davis from St. Louis, MO, recently unemployed said to the AP [after she had to pony up $6.00 for two $40 transactions against such a debit card]:

“It’s a racket. It’s a scam.”

Need I say more?

——————————–

Leonard, Christopher, AP IMPACT: Jobless hit with bank fees on benefits”, The Clarion-Register, Mississippi, February 19, 2009.  Originally via the Associated Press; downloaded February 19, 2009 from http://hosted.ap.org/dynamic/stories/B/BANK_FEES_JOBLESS_BENEFITS?SITE=MSJAD&SECTION=HOME&TEMPLATE=DEFAULT

(“Fair Use” claimed for all quoted materials.)

"Don't Buy Stuff You Cannot Afford"

Thursday, December 25th, 2008

The crew at “Saturday Night Live” has the right idea for handling one’s financial affairs during these uncertain times (thanks to “Doctor Evil” at Debtorboards for this lead):

This video can be found at “Hulu.com”: http://www.hulu.com/watch/1389/saturday-night-live-dont-buy-stuff (WARNING: This is a copyrighted item; the “Hulu” site is the official source for this NBC.com video. The embed code was obtained from the “Hulu” site and the video is NOT to be copied from “ODO!”)

We were all "neophytes" once…

Thursday, September 11th, 2008

Even Flyingifr, owner of Debtorboards and author of the “Flyingifr Method of Aggressive Credit Repair”, was not always an “expert”.  However, it seems that someone–replying to a “Hello, my name is…” post on a certain website that likes to make people think that it created litigious credit repair–is not willing to give credit where credit is due.

Or even admit everyone has had to start somewhere.  This “Honored Guest” (bleh!) by the name of “hannah” sent her greetings to the new user…but could not stop there…not her.  She wrote :

“I’m a “Credit Terrorist”, Saying Hi” (this is the original title).

Welcome to InfiniteCredit!

All the boards have some intrinsic value even OTHER SITE. We don’t advocate calling ourselves something silly like credit terrorists just informed consumers.

FYI – Steve and his bunch like to put out on the net that he invented aggressive credit repair but alas, he did not. If you want to know his beginnings in the game, go to Creditnet and search on his moniker Flyingifr. Wasn’t too long ago he was just a neophyte in credit repair and then after one lawsuit in which he didn’t even prosecute pro se he became an “expert”.

(“OTHER SITE” is “code” at InfiniteCredit for “Debtorboards”.)

This rather “astute” (GAG!) individual-and alleged future attorney from WV–seems to be ignoring the most common fact about consumer credit repair boards:  It does not take much to be labelled an “expert” on any topic…just hanging around for six months and actually have done something useful often does the trick.  (Ask me how I know.)

Now, for some REAL history:

In the case of the owner of the board (Debtorboards) that IC does not dare mention?  Back in the day–just a few years ago–few credit repair methods involved litigation, at least as a plaintiff.  It was Flyingifr who helped re-direct the focus (along with the long-lost and lamented TowerRat of the late “Art of Credit” whose case law searches and posts are still the model for those found at DB (and “Debtor Talk”) today ).  As a result, the focus of consumer credit boards has been slowly moving from “letter-writing”/”begging” for help toward changing consumers from “doormats” to “attack dogs” by showing them how the law can be used as a sword and a shield by consumers…that the courts work both ways.

This focus on taking creditors and “bad actor” collectors to court to redress grievances did NOT originate, really, with CreditNet,  and their “Credit Talk” forum anyway. the “seeds” of the method may have had its true genesis in part on the sites of Christine Baker and her now-defunct “Credit Court” board back when she was more “popular” (and had not yet gone frankly nuts).  CN just expounded a bit more on the theory; AoC really got the “litigious credit repair” methods moving.

As far as Flyingifr is concerned?  CN and AoC–among others–were just sounding boards for feedback and/or places to put up the Flyingifr materials before DB existed. After all, they had to get to the public somehow…

Now, I have some questions for hannah and IC’s Herd of “experts”:

Exactly what have YOU contributed to the store of consumer credit repair knowledge that would have even a tiny amount of originality and/or impact on consumer credit repair methodology?

Did the “experts” at IC–including, it seems by implication or otherwise, you, hannah–really EVER come up with an original idea?

Does IC and/or their “experts” even execute any “methods” and “ideas” that they “borrowed” from others very well?

In short…tell us your credentials in the credit repair field my dear hannah…and have your buddies tell us theirs, too.

Come on…the public awaits…

What exactly makes assigning AU status legal? Or not?

Wednesday, March 26th, 2008

I may need to explain a bit more about the legality of assigning AU status:

1.) If permitted by the contract terms(note those words), an account holder can assign AU status to anyone. One is not limited to immediate family members or those who are employed by the account holder, as the case may be unless the credit contract agreed to by the parties specifically states otherwise.

While I personally see an account holder’s assigning AU status to anyone as being “risky” and its extension to family members/acquaintances as being an outmoded way to build credit (it’s still useful in business for staff access to the business’ credit lines), that does not mean such move is illegal. It isn’t…if it stops here…but…

2.) The illegal action (if NOT permitted by the contract terms) is SELLING and/or LEASING/SUBLEASING that access to a third party.

3.) The remarks I made, and have made in the past, pertain to Situation #2:

Leasing/subleasing/selling that AU status, either directly or through a broker, is the “no-no” if not expressly permitted under, and according to, the terms of the contract with the credit issuer . If such an action is not permitted outright or such original contract with the credit grantor is silent as to whether “selling” AU status is permitted? Then any such action is in breach of contract and can easily rise to charges of theft, fraud, and other crimes if the credit grantor would wish to pursue them.

At the very least, this situation would leave the account holder liable for the breach. That, in turn, could result in rate jacking, “calling” the loan (demanding immediate payment in full), and lawsuits. The third-party broker and the AU “for pay” would likely also end up in court and made to account for their actions by the original credit issuer (and possibly any other creditors who relied on the “tainted” credit reports to make credit decisions in the “AU for a fee”‘s favor).

Not a pretty picture, is it?

Someone is a bit defensive about "seasoned trade line" sales…and should be.

Tuesday, March 25th, 2008

But not for the reasons she thinks apply…

It seems that a certain barking beagle from WV is howling about “other sites” once again at a certain “friendly”, “professional” credit repair board. Her remarks in this post are rather, shall we say, “revealing” of a lot more than she might wish:

….I felt it was worth mentioning that the AU status and the selling of trade lines is what the main concern seems to be with other forums pro-FICO 08 crowd. Those people are making it out to be a shady dirty unethical way of improving your credit scores …

No, indeed it does not matter how anyone got into a mess…although it seems that someone is rather on the defensive here. Why?

Whether helping your scores by disputing a tradeline, by filing suit , or by buying a seasoned tradeline, no one here makes a judgment about the character of any guest or member here for doing what they feel they need to do.

Uh, look at what I bolded : Yes, it’s legal to dispute a trade line, to file suit (if a CoA exists)…but…

That “buy a seasoned tradeline” bit? I would say there are both ethical and legal questions to this one:

1.) Creditors did not consider such actions (a form of underground reselling of access rights to a credit line without owning such account, which is what an AU (authorized user) is) when drawing up the contracts offered.

2.) Therefore, the creditor is suddenly facing exposure to unplanned-for losses and definently do not get a “cut” of the proceeds. A risk they may not even know they have been exposed to until it’s too late.

3.) The owner of the “seasoned trade line”? All they “own” is access rights and concurrent liability for any monies borrowed under the terms of the contract as agreed to. Since the “selling” of the AU status (access without liability) was NOT part of the contract agreed to between themselves and the creditor, the debtor (account holder) has NO legal right to resell this access to anyone.

4.) By reselling the access without the consent of the creditor to do so, they then are not only in breach of contract but they are fraudulently collecting monies that they are not entitled to under contract.

That’s called “theft” and “fraud” around these parts.

5.) The reseller (the “seasoned trade lines” broker) is re-selling something that the seller did not have the right to sell to begin with. In other words, they are, for all intents and purposes, selling stolen property. In the vernacular, they are “fencing” the stolen goods. They are also receiving stolen property. (Yes, a debt is property.)

All of that is against the law, too.

6.) The buyer of the “seasoned trade line” is therefore an accessory to theft and a purchaser of stolen goods. And, no, one cannot argue lack of knowledge that the item is stolen…the buyer of the trade line goes into the deal knowing full well what they are buying and therefore has no defense in court AND is risking not only losing their money to “buy” the trade line, but fines, legal defense fees…and their not-so-hard-earned “repaired” credit!

Never mind finding themselves ending up on the wrong side of “breach of contract” and possible criminal fraud charges from every single creditor that the “repaired by purchase” trade line defrauded by presenting the debtor in a better light than they really deserved to be.

For a pittance. You don’t really think that a reseller such as our howling beagle’s CRO friend hands over the entire fee (or even the bulk of it) to the one who sold the AU access to the good trade line(s) they worked so hard to earn…do you? :wink:

FICO08 seems to be stymied…

Monday, March 24th, 2008

It seems that someone at “Infinite Credit” is not-so-secretly gloating over the apparent decision of some CRAs to tell “Fair Isaac” to “Take ‘Fico ’08″ and Shove It!”. Or, rather is it really their decision because they are being so “considerate” toward consumers? Or, is it something else:

…[R]ead the Equal Credit Opportunity Act. Not saying that the CRA’s won’t allow the model to be applied to their data (EX may) rather, only that the model is invalid as presented. Creditors may use it and if they do, I can foresee some litigation

The truth: The model may or may not be “flawed”–we don’t have enough information to know that and we won’t get it.

No matter, though: Fear of litigation is what’s stopping the CRAs from accepting “FICO08″. This has NOTHING to do with the validity–or lack of it–of authorized user status and really has nothing to do with the Equal Credit Opportunity Act, either. The reason I say this is simple:

AUs are NOT parties to the credit contract, but are simply given permission to access the credit line as proxy for the account holder(s) by the account holder (owner) AND the creditor is willing to accept this proxy access as part of the contractural terms.

There is NO law that requires any creditor to allow for such proxy access. All the ECOA does is require that everyone have the same opportunity to access credit in their own name.

“Equal Credit OPPORTUNITY” does NOT equal the opportunity to go “piggybacking” on the account of an actual party to the contract…no matter how the ‘piggybacking’ is justified. The fact that some family members who might benefit from this process would lose out if the AU status is “deep-sixed” by creditors is of no importance here.

The ECOA also does NOT require that this status and its benefits continue to be made available forever to those who already have it. In other words, AU status can be revoked, as long as it’s taken away from everyone!

So where’s the ‘beef’? Everyone suffers equally…Oh…someone’s “seasoned tradelines business” might suffer just a bit if FICO08 did manage to take hold? :grin:

Howdy. Your TX Bar Number, Please.

Tuesday, March 18th, 2008

It seems that someone from Infinite Credit–centex–has decided to come to Bridgeport in order to follow the basketball playoffs…”March Madness”, y’know. The one from IC who claims she is a REAL, LIVE ATTORNEY in Texas.

Yes, I am sure the law students at UofB (University of Bridgeport) and at Yale Law School would appreciate seeing someone who claims she is a REAL, LIVE ATTORNEY in Texas showing that her environmental “footprint” is smaller than one might expect from “Ten Gallon” from the “Lone Star State”.   :grin:

So…What is your TX Bar Number??