Caveat: I realize that what follows is only a personal opinion and that others may indeed disagree. Whenever I author an essay like this, the intent is simply to assist newer Creditnet members. Hopefully, this will be fodder for productive discussion even among those who don't share these particular convictions.

Tip for better living:

Adopt a litigious mindset when doing your own credit repair.

Let me first contextualize this sudden exclamation with a few remarks. First, I'll explain why the proper mindset is important. Second, I'll explain what a litigious mindset is. Third, I'll explain what it isn't.

Here's why the proper mindset is important.

Over the past few weeks I've noticed that a couple of Creditnet newcomers have posted messages whose tone runs something like this: "Well, this is just great, and I'm really looking forward to doing my own credit repair! Last week I sent a validation letter to Oyvey Collections, and since I haven't heard back I gave them a call and asked if they've had time yet to attach the letter to my file. She said she would find out the status. I'm really looking forward to that being resolved because next I'm going to go for inquiry bumpage at Equifax!" Yet another Creditnet member wrote something like: "I sent a Nutcase letter, but then I called the CA to find out how it is that the credit bureau can validate when my account number has changed -- the CA agreed with me that they can't possibly do that, so now I'm turning my attention to the CRA!"

In each case (and there are plenty of other examples), the consumer is doing a few things wrong, to wit:

1) The consumer is approaching the creditors as if they share the consumer's goal. Hint: they don't. You are a nuisance. You take up valuable time that could be better spent on more productive endeavors -- like collecting money and getting paid. They don't want to bother with you. Nobody there wants to hunt for a UDF form to modify or delete the tradeline by hand; even worse for the creditors, such action may require learning something new because usual CRA reporting is done by computer rather than by human beings.

2) The consumer is impatient. In each case, a letter was sent, but the consumer followed up with a friendly phone call a week or two later. Credit repair takes time. It's important to remember that it doesn't matter if they respond or not because IT'S ALL GOOD. If they respond quicky, that's good. If they don't respond quickly, then your next letter can hint at further violations of your civil rights under federal law. Either way, by remaining patient, you're in control.

3) The consumer defused their power. Written correspondence carries a certain weight. When you receive a formal letter, you don't know or really care how friendly its author might be. You don't know if the letter was prepared by his or her attorney. You don't know how the author will follow up. In short, a formal letter -- unlike telephone chat -- is a bit off-putting. By "checking up," the letter has been pierced like a balloon and its power has begun to leak away.

4) The consumer doesn't understand the larger context of their credit repair action. When you dispute the veracity of a tradeline (or of an allegedly outstanding debt, for that matter), you are basically asserting this very simple statement: "You, sir or madame, are wrong." By definition, you are striking an adversarial stance. So be powerful about it. We psychologists like to talk about how "CONGRUENCE" between feelings and behaviors suggests a level of mental health. In other words, when somebody's body language and emotions match their behavior, a few things happen:
-•- The person looks serious.
-•- Correlate: People who look serious are more often regarded seriously.
-•- The person appears to believe in him- or herself.
-•- Correlate: People who believe in themselves aren't likely to just go away, so the demand for attention appears stronger.
-•- The person appears to be dealing from a position of strength.
-•- Correlate: Strong people are more likely to receive positive attention than weak ones.
-•- The person feels better about themselves.
-•- Correlate: Those who have positive self-esteem (or those who can fake it while they build it) are more likely to inspire socially proactive, helpful behavior in others.

This is why suddenly acting like the other party's friend makes it far more difficult to achieve your credit repair goals. In this case, grandmother's adage about attracting more flies with honey instead of vinegar doesn't apply. With the singular exception of the Goodwill Letter request, you are not the other party's friend. You are an adversary simply because you are alleging their wrongful actions. Don't trade away your legal position by being impatient. Don't trade away your personal power by self-medicating your short-term anxiety with chatty and personable approaches. Remain strong, and contain your anxious feelings as best you can.


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So what is a litigious mindset?

Adopting a litigious mindset means that you understand that what you are doing is rooted in law. Everything you do should imply that you are protecting your legal rights. Everything you do should imply that you are willing to fight to preserve your federally guaranteed civil rights. When most people consider the phrase "civil rights," they think of the laws that exist to ensure racial equality, but those aren't your only civil rights. In fact, any law that exists to protect you against other citizens are CIVIL rights. Within this context, several federal statutes exist to protect you against those other citizens (both individual and corporate citizens) regarding credit-related transactions. Such civil rights are detailed in the Fair Credit Reporting Act (FCRA), the Fair Debt Collection Practices Act (FDCPA), the Fair Credit Billing Act (FCBA), and the Truth in Lending Act (TILA). Invoking ones CIVIL RIGHTS is a powerful concept. (As an aside, that's why I use specific "civil rights" language in the Nutcase letter for example.) Those who demand civil rights protections are seldom taken lightly.

Adopting a litigious mindset also prepares you very well for the unexpected obstacles that may suddenly appear along your path to cleaner credit reports. In this respect, "litigious mindset" means taking this task seriously -- seriously enough to keep detailed notes, receipts, etc. that could be helpful if in fact you ever needed to go to court in order to demand your rights. A few things to keep in mind along these lines:
-•- You'll probably never need to go to court in real life.
-•- Maybe you even have no real legal standing at the start despite your claims.
-•- On the other hand, your adversarial opponents (remember the context in which I'm using these terms) may well screw up as they scramble to figure out your beef. In other words, they may pull a credit report to "see" what you're talking about and in doing so may violate your civil rights (FCRA) regarding their "permissible purpose" related to such inquiries. Or, they may fail to answer your validation questions in a timely manner, which violates your civil rights (FDCPA) related to such matters, etc.
-•- In other words, you are developing what we credit repair mavens most often call a "paper trail" which may prove VERY useful later.
-•- You'll never chart that critical "paper trail" if you don't regard your credit repair journey as a VERY serious legal matter right from the start.
-•- That paper trail may prove to be quite helpful in the advanced stages of your credit repair. At that point you can wave the list of civil rights violations at your adversaries (search the board for the phrase "intent to sue"), and many of them will simply delete or revise the tradeline to be rid of you.
-•- If you actually do end up in court, then you'll have a credible case. Creditnet members can help you navigate those initially frightening but often consumer-friendly waters.

So, in a nutshell, a litigious mindset requires that you act professionally, seriously, deliberately, and assertively. Your actions are an attempt to protect your civil rights, which is no laughing matter. You are not interacting with friends or cousins, so don't fool yourself into believing that you'll achieve your goals by acting like you are. (Again, please note this IMPORTANT EXCEPTION: the Goodwill approach, in which case you WILL assume the role of the friendly, bubbly, needy, wonderful customer. Search the board for the term "goodwill" and try that approach where applicable, but don't BLEND that approach with others. And if the Goodwill techniques fail, shift to a different approach AND mindset.)

Here's what ISN'T part of a litigious mindset.

Some people think that embracing a litigious mindset requires acting like a sonofabitch. (Can we say that on this board, lol?) Nothing is farther from the truth. Whatever you do, DON'T act like a sonofabitch. Here's why. Sonofabitches aren't satisfied with the tradeline deletion. Sonofabitches REQUIRE the tradeline deletion AND a monetary award of $10,000 AND a formal apology AND admission of wrongdoing AND a brand new credit card AND self-mutilation, etc. You don't want your adversary to believe that you are a "crank" who could NEVER be satisfied. Instead, you want your demands to be VERY clear right from the start -- whatever those demands are. And you should state those demands politely. Potential consequences should be stated politely as well. Picture the stance most often drawn by lawyers in a courtroom. They are matter-of-fact to a deadly degree. They don't beg. They don't threaten. They don't scream at adversaries unless they want to be admonished by the judge. They simply state their case, as strongly and as seriously as possible, and then they sit down.

So many of us (myself included) harbor personal role models who contradict this time-tested advice. In my case, it was my Grandpa Victor. Grandpa Victor couldn't confront anyone without yelling: "YOU FORGOT MY NAPKIN!" Sure enough, he'd get his napkin, so he came to believe that this was necessary and helpful. Others in the family, again myself included, came to believe that this was the best way to act during a transactional crisis. "HELLO SEARS? THIS IS PSYCHDOC, AND MY CLOTHES WASHER IS BROKEN AGAIN YOU MESHUGGINAH!" It took a lot of living to UNLEARN such behaviors. Now, keep in mind that the other extreme doesn't work either: "Hi, Sears, this is PsychDoc, and I'm sorry to bother you, and I don't think it's anything we did, although my son did throw in his Matchbox car, but that shouldn't have anything to do with it I hope, so if it's not too much trouble would you be willing..." Instead, the calm but deadly truth will win every time: "Sears, this is PsychDoc. My clothes washer continues to leak despite your three previous service calls. Before I contact small claims court, I would like to hear how you resolve escalated problems like this one."

Conclusion:

1) Whatever you do, don't follow up a powerful letter with a chatty follow-up, whether by phone, email, fax, or letter.

2) Remember that you are engaging a legal process, and this takes time.

3) Keep in mind that you are not dealing with good friends. Let your Creditnet colleagues become your friends. Let your OCs and CAs remain OCs and CAs.

4) Retain careful notes right from the start, even if you don't think you have a good legal case at the beginning.

5) Adopt the assertive stance of someone who is seriously protecting their civil rights.

6) Don't act like a sonofabitch.

I hope this helps someone.

Doc

AWESOME post.. great job!

Doc,

I think this is some great advice. It should be put where all of us "newbie" will see it.

Lady

It IS Lady. The trick is getting all newbies to read it.

lol

Good job Doc.

:)

__________________
Butch,

Now that you're on your way to perfect credit,
it's time to step up to the next level,
Make More Money!

Doc,
As always, Great advice!

__________________
------------------------------------------
Pat - Back in the 700 Club...

If you think nobody cares if you're alive, try missing a couple of car payments.

GREAT letter Doc. I was just writing a demand letter, but I think I'll go back and throw civil rights in there somewhere. Thanks for the tips!!

__________________
Tracy

EQ 679 in July, 723 8/24 762 in Dec.
TU Fakko 636 in June, 800 in Dec.
EX 652 in July, 703 8/24

Is there some way to reference this awesome post in the FAQ section or in some other way where it can be referred to on an ongoing basis? Good job, Doc. I need this advice on a daily basis!

__________________
Began this quest 8/01. Now:

Me:
EQ 420 ===> 775 3 Negs
EX 445 ===> 723 4 Negs
TU 405 ===> 831 Clean!

HUBBY:
EQ 450 ===> 794 - Clean!
EX 473 ===> 749 - 3 Negs
TU 501 ===> 876 - Clean!

GREAT post P Doccy...

:)

Excellent *TIP* Doc!

Again Doc, you've given invaluable info! Thanks. Charlie

Doc,
I whole-heartedly agree with your advice. An assertive stance back by correct knowledge is the key to a successful resolution of most problems. The following is from the 2002 FTC report to Congress on the state of the FDCPA and deals with this issue:

Here we have the FTC telling us to enforce our rights under the FDCPA, we are “a powerful informal enforcement mechanism”. A “litigious mindset” is called for to maximize our enforcement potential.

JohnM

What would the Newbies do with out ya....lol

__________________
MartysGirl

MINE
TU 698
EQF 722
EXP 691

My Husband
TU 679
EQF 636
EXP 701

YES!! Quite easily I might add.

All you have to do is post a teeny lil note under the FAQ proposal thread.

That way, the guy who spends all day searching the 245,000 posts for things to put in the FAQ, can find it. Other than that, it is a crap shoot.

-Peace, Dave

PS Doc, most excellent post.

__________________
_________________________
USA - Life is Good

Great post, Doc.

I will keep it in mind whilst winding my way through the next "step" of my personal credit repair journey.

I hope to have some good news for myself and fellow Credinetters prior to month's end and will gladly share what I can.

smogtek - back on the paper trail!

Great post. I was bashed on another post for being too sue happy. I have only filed 1 suit against a CA and 1 against a CRA. In all I have dealt with a dozen CAs and only one decided after multiple letters and chances that the laws did not apply to them. I never go for money unless CAMCO calls me and then I will have no mercy. Send the 30 day, send the 15 day, send a couple of intent to sue letters and then if they ignore call up and ask to speak to their legal department. That works in most cases. You will get a manager who will usually want no part of you. As one manager told me he wanted no part of me and it was not worth his time. Be polite but be firm. Be a little crazy. Bug the crap out of them after 30 days.

__________________
adios

.........or the rest of us! Charlie

Doc,

Thank you for taking the time to prepare that post. It's great and should become part of your primer.

Dock rocks!!!


tee hee

Great post! And I learned a lil' something too... as I can be a real SOB to some CSRs sometimes. ;)

__________________
Working my way to the 700 club... one day at a time.