Advertisements mailed to consumers and on the Internet, radio, and TV claim that for a small fee you
can legally leave behind your credit problems--even a bankruptcy. With lots of
language about the "legal forms from the federal government" and your one-time
"right" to apply for a "new Social Security number" these advertisements try hard
to convince you that their system, called "file segregation," is the secret to a
fresh start with credit.
The trouble is, they're lying.
File Segregation Creates a False Identity
If you sign up for one of these services, you will most likely be instructed to apply
for an Employer Identification Number (EIN) from the Internal Revenue Service (IRS).
EINs resemble Social Security numbers, and are usually used by businesses to report
financial information to government agencies.
Once you have this "new" number, the credit repair service will tell you to use it in
place of your Social Security number on credit applications. They may also instruct
you to use a new mailing address and offer some credit references.
They explain that because your credit file is tied to your name and Social Security
number, using this new number and information allows you to create a brand new credit
file. Credit-grantors requesting a credit report with your name and new number will
never see your previous file with all the negative information it contains.
The credit repair service will most likely offer very reasonable and legitimate
sounding cautions. They'll remind you that to make this clean slate count, you have
to pay your bills on time from now on. They'll also tell you it will take 60-90 days
before your new credit rating really begins to work for you, since, after all, you're
starting from scratch.
Segregating Your File Violates the Law
That legitimate veneer covers up a truly nasty trick. Unlike other credit repair scams
that may make you the victim of fraud, 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.
Several aspects of the 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. And, file segregation likely would constitute civil fraud in
many states.
"Repair" Your Own Credit by Handling it Well
People who have recently filed for bankruptcy are particularly likely to be targeted by
mailings and advertisements by "credit repair services" such as these. They play
on consumers' worst fears, telling them that a bankruptcy or bad credit history will
make it impossible for them to get any credit at all for years to come.
That's a lie, too. Certainly, a poor credit history will impact your ability to
obtain new credit, but there are many options available for people who are ready to
begin rebuilding their own, legal credit file. Many major banks now offer secured
cards, for example, that allow a person with poor credit to begin establishing a
track record of bills paid on time. And after just a couple of years, many people
who have filed for bankruptcy find that some lenders are willing to consider them
for small loans, allowing them to start over without falsifying their identity or
applications.
Ultimately, the same rule applies to file segregation as to any other kind of
"credit repair" system: There's nothing anyone out there can legally do to improve
your credit rating that you can't do yourself for free.
A start to rebuilding your credit is to get a copy of your credit report and see what lenders will see. Get a FREE credit report and a 30-day trial of the CreditCheck Monitoring Service!