Debt Settlement Success Makes National News

June 30, 2010

The Chicago Sun-Times recently reported on a successful debt settlement story that resulted in the consumer saving $15,150 using an accredited debt settlement provider, New Era Debt Solutions.

Here is an excerpt from the article, titled “Debt manager put to the test” by Terry Savage:

Peter entered the program with $26,700 in debt on one credit card. He initially paid $800 as a retainer fee (of which, $400 was eventually returned to him).

New Era obtained a settlement that required Peter to pay only $7,185 to the card issuer, and an additional $3,605 in settlement fees, plus the $400 reduced deposit.

Peter saved — or, more accurately, avoided paying — $15,510. His credit report will show the debt as “settled for less than full balance.”

His reaction: “What a relief! I was fairly skeptical, and I know you were too,” he told me. “But the beauty of these guys was they didn’t take any money up front. It took them several months but they were right in saying that you have to wait a while to get a good settlement.

The truth is, we in the debt settlement industry see hundreds of satisfied consumers every day, grateful for the service provided and financial burdens lessened. As with any service industry, there are bad actors that can cast a negative light on an entire industry– but USOBA and other accreditation entities advocate for consumer protection and education, urging consumers to do their homework and avoid the debt settlement red flags.


Debt: Here, There and Everywhere

June 24, 2010

Our nation’s debt is staggering – over $13 trillion and counting – but the level of consumer debt is just as concerning, and is rising each day due to foreclosures, job loss and unexpected expenses. In fact, each American citizen’s share of the national debt is over $42,000 – and that’s on top of the personal debt they’ve already accrued. 

States also have their own debt. According to data collected in the 2008 census, Massachusetts, Alaska and Rhode Island topped the list of most debt-ridden states, based on debt per capita. The three states with the least amount of debt are Tennessee, Georgia and Texas – but today’s numbers reflect that California is the most debt-ridden state, with more than $29 trillion in debt

Totaling your personal debt – through credit cards, mortgages and other loans – can seem overwhelming. However, there are many ways for getting out of the red, and into the black.

Whether it’s credit counseling, debt settlement or bankruptcy, there are alternatives to living a life filled with calls from collectors. Seek help from a debt relief professional, and do what you can to take control of your finances. It may take a while – months, even years – but the accomplishment of living a debt-free life, or at least one where finances are controlled and budgets are adhered to, is well worth the effort.


Small Print Anxiety – Beware of Hidden Fees

June 22, 2010

If you’re like us – or any sensible person – you hate feeling cheated and having to pay more than you originally bargained for. We like to call it “small print anxiety” – a fear of the hidden fees and charges not disclosed transparently by creditors.

Thankfully, there are questions to ask and things to look out for that can help you avoid small hidden fees that can really add up. Here is a list of some of the most common “small print anxiety” fees – and tips on how to avoid them:

  • “Free” Checking Accounts. Some so-called “free” checking accounts often require a minimum number of debit card transactions per month, or a minimum monthly account balance – and if these items aren’t met, you’re charged a fee. Make sure your banker explains all requirements in detail, and if you aren’t likely to easily meet the requirements, consider making the switch to a different type of account if your penalties are likely to outweigh the cost of a “non-free” account.
  • Late Fees. It’s hard to get out of paying late fees, but if it’s a one-time, first-time or extenuating circumstance, most entities will work with you. Call the customer service representative and politely ask that the fees be removed for an unfortunate oversight on your part. If they refuse, consider switching to a competing company – in most cases, they’d much rather have your continued business than your late fee.  Be especially careful with late fees, as a late payment on one account lawfully enables other creditors to raise your interest rate.
  • Interest Hikes. Variable rate credit cards and loans have gotten thousands of consumers into hot water in recent months, with some credit card interest rates shooting upwards of 25 percent. Contact your creditor or the Better Business Bureau if you feel your rate hikes are unfair or unethical.

However, thanks to the Credit CARD Act of 2009, there are limits on interest rate increases. Now, interest rate hikes on existing balances are allowed only under limited conditions, such as when a promotional rate ends, there is a variable rate or if the cardholder makes a late payment. Interest rates on new transactions can increase only after the first year, and significant changes in terms on accounts cannot occur without 45 days’ advance notice of the change.

Of course, the best way to avoid hidden fees is to uncover them before signing on the dotted line. Be sure to read every word of every page in every contract – including loan agreements, credit card applications and monthly bills – even if it takes a while. Don’t be afraid to ask for clarification before you sign.

Another option is to contact your creditors to request that they reduce or eliminate some fees, adding a little more cash and a little less stress to your daily life.  The better your payment history, the more likely they are to make concessions.


Tips for Working with Creditors

June 18, 2010

So you’ve gotten into debt – trust us, you’re not alone. The average American has more than $15,000 in credit card debt, and today’s struggling economy leaves many relying on credit just to meet basic needs.

Often, creditors are made to look like the “bad guys” – demanding payment from consumers without regard for their unique circumstances. The truth is, it’s up to the consumer to manage their personal finances, not the creditors. More than 36 percent of consumer debt is tied up in credit cards (with the remaining 64 percent in loans, such as car loans, student loans and mortgages), and if creditors bent the rules for everyone, they’d be out of business. However, there are steps you can take to show creditors that you are trying to work with them to pay down your debt in a way that meets both of your needs.

  • Be proactive. Call your creditors and explain your circumstances. Taking initiative and being honest with creditors – while agreeing to pay what you can and developing a timeline to return to full repayment status – can go a long way. Don’t wait until your debt is so heavy that creditors will be reticent to deal with you – showing your history of on-time, full payments will help your case.
  • Create a mutually-beneficial repayment plan. Often, creditors will accept a lump-sum payment or altered monthly payment plan. A lump-sum payment is when you pay less than the full amount owed – commonly achieved through debt settlement. An altered monthly payment plan is where you agree to make monthly payments different than what’s listed in the original repayment agreement (such as a lower minimum installment or with a fixed, lower interest rate) until the account is paid. If you choose this option, be sure the creditor agrees to remove any negative statements from your credit report upon completion of the payments.
  • Know your rights. Collections professionals are trained to use complex legal jargon and intimidating language to get you to pay the full amount owed under the creditor’s terms, not your own. Know that creditors cannot have you thrown in jail, threaten you unethically, contact you between 9 p.m. and 9 a.m. or contact your friends, family and neighbors.

 If you don’t feel comfortable negotiating with creditors yourself, or find that your efforts are not successful, consider the help of a professional debt settlement organization – just be sure you do your research to find one that will act with your best interests (and the law) at heart.


Pros & Cons of Debt Relief

June 14, 2010

This week, personal finance reporter Sandra Block with USA Today wrote an article on the pros and cons of debt relief, citing the good and bad things about debt settlement, credit counseling and bankruptcy. Here’s an excerpt from the article:

Debt settlement. Debt-settlement companies negotiate with creditors to reduce the amount of debt you owe. You’re typically directed to make monthly payments into a savings account. When a certain amount has been saved, the company will go to your creditors and offer to pay off a percentage of your debt. Debt-settlement companies say they often succeed in reducing their customers’ debts by 50% or more.

Pros: Debt settlement is an alternative to bankruptcy for people who are struggling with large debts from financial setbacks, such as a serious illness or divorce, says Don Goldberg, a spokesman for the Consumer Credit Rights Campaign, a coalition of debt-settlement companies. It allows them to reduce their debts without losing their cars and their homes, he says.

Cons: Some debt-settlement companies charge large, upfront fees that reduce the amount of money available to negotiate with creditors. If you stop paying your bills — which some debt-settlement companies tell their customers to do — interest and penalties will increase the amount you owe. Your creditors could take you to court, and your wages could be garnished. Even if you’re successful, your credit score will take a serious hit.

Where to learn more: Don’t respond to advertisements promising fast relief from your debts. These are often placed by marketers that receive a commission for referring customers to debt-settlement companies. Instead, check out companies that belong to the Association of Settlement Companies or the United States Organizations for Bankruptcy Alternatives. Both are trade groups that require members to adhere to certain standards. Ask for a free consultation, and make sure you understand how much of your payments will go toward fees.

For a complete look at the pros and cons of debt relief options, you can read the full article here.


What Would Happen if Debt Settlement Went Away?

June 4, 2010

The most hotly-contested aspect of the pending debt settlement legislation is the advance fee ban.  Proponents argue that payment for results is the only way to protect consumers, but those in the industry know that holding all fees until the end of a typical three-year process is unrealistic for any business model.

However, if an advance fee ban is passed, it won’t just be debt settlement companies that suffer.

If debt settlement were eliminated, an entire faction of the public – those who do not qualify for credit counseling or bankruptcy, or who refuse to enter such programs for one reason or another – would be without a debt relief option. Although debt settlement should be weighed heavily as a last resort to avoiding bankruptcy, it is a viable option for getting out of debt for many consumers, especially when handled by a transparent, reliable and accredited company. 

If your family is considering any type of debt relief option, including credit counseling, debt settlement or bankruptcy, do your homework first. Do some online research and hold several conversations with the company itself to make sure all of your questions are answered and that you feel comfortable moving forward with a well-articulated plan for debt reduction and elimination.  These red flags are good warning signs that a company may not be operating in your best interest.


Debt Settlement Red Flags

June 2, 2010

Aptly-named opportunists are coming out of the woodwork to capitalize on several years of economic and financial pressure many families are facing, promising “easy and painless” debt relief. Unfortunately, these bad actors are plaguing “best-practice” driven debt settlement companies, and consumers trying to avoid bankruptcy are left to try and tell the difference. 

When considering debt settlement, or any debt relief solution, look for the following “red flags” that the company may not be operating with your best interests in mind: 

  • Lack of Disclosure. The biggest complaints against the debt settlement industry tend to be against full and responsible disclosure of terms, fees and timelines. (Fact: debt settlement is a service that consumers pay a fee for—those fees should be clearly communicated to you.  Fact: Creditors may put your account into collections once the debt settlement process begins.  Fact: Debt settlement is a process that typically takes between 2-3 years to complete, not a quick fix.)   If the paperwork you receive isn’t clear, or doesn’t cover these basic disclosures, visit www.usoba.org or www.tascsite.org for a list of accredited debt settlement organizations and frequently asked questions.
  • Pressure. Debt settlement companies operating under “best practice” guidelines will not pressure you to make a quick decision or sign a contract immediately. Trustworthy debt settlement companies understand that your financial situation is very personal and requires much consideration by you and your family.
  • Silence. A good debt settlement company will communicate with you openly and consistently. If you aren’t communicated with steadily regarding the status of your settlement process, you may be dealing with a “bad actor.”
  • False Promises. Some of the industry’s most reported “bad actors” have falsely informed consumers that they are signing up for a “federal debt relief program” or the “Obama plan.” No such plan exists today, nor has it ever.
  • Unrealistic Expectations. If a debt settlement company tells you that your credit won’t be affected by entering a debt settlement program, that your debt will be eliminated in weeks, or anything else that seems “too good to be true”—it probably is.

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