Debt Settlement
If you're thinking about using a debt consolidation or debt
settlement service to help you get out of debt faster and save
money on your monthly payments, make sure you do your homework
before choosing a company. There are definitely shams and scams
out there.
First let me say that debt consolidation is *not* the same as
debt settlement/negotiation, which most people don't realize.
Debt Settlement companies charge hundreds of dollars as an
initial "admin fee" to set up your account, plus a monthly
service fee. The fees vary depending on the company and the
amount of your debts.
Such companies take your money every month, but don't make
monthly payments to your creditors! Instead, they put it in a
trust account, negotiate your debts with your creditors, then
make a lump-sum payment when there's enough in your account to
pay a creditor in full.
That can take *years* depending on the amount of debt you
have with each creditor. Meanwhile, you can be sued by your
creditors and your wages can be garnished! (Or just don't make
payments to your creditors. You'll end up in the same spot
without paying someone to help you get there!)
Settlement companies don't ask your creditors to stop all
interest, late fees and overlimit fees from accruing. That means
while the negotiations are ongoing, your bills will continue to
grow! So if you're sued and a judgement is brought against you,
you'll owe more money than before!
And shoddy companies, which there are alot of, don't tell you
*any* of this up front. I call it "getting permission by
ommission" because they simply don't tell you how their program
works *before* you sign an agreement with them. Or after, for
that matter. But if you ask the right questions, eventually
you'll figure it out. (Or when the crap hits the fan. Whichever
comes first.)
Let me give you an example of how debt settlement works.
Let's say you have $20,000 in unsecured credit card debt. You
owe $10,000 to one credit card company, $6,000 to another and
$4,000 to a third. You agree to a 5 year plan where you pay $250
a month to the settlement company. (After all, $250 a month for
60 months is only $15,000, so you're saving $5,000 and you'll be
debt-free in 5 years, right?)
The admin fee will cost you $750. Your first 3 monthly
payments go towards that and nothing gets put into your trust
account until your 4th month.
The settlement company keeps $50 of your $250 payment each
month for the service fee. That means $200 a month is being
added to your trust account.
Most Debt Settlement companies claim to be able to negotiate
your debt for about 50% of what you owe. So let's use the lowest
credit card debt as an example.
If you owe $4,000 and your creditor agrees to accept $2,000
as payment in full, it will take 10 months at $200 per month to
have enough in your trust account to pay off just that one
credit card.
But remember, your first 3 payments to the settlement company
only paid the admin fee. That means your first credit card
settlement is 14 months *after* you started sending them money.
So what's the problem? It's simple. Your creditor won't agree
to accept half of your actual debt unless, or until, it can be
paid in full. Otherwise, you're expected to make your normal
monthly payments.
Since you don't have $2,000 in your trust account, and you
won't have it until more than a year after you stopped paying
your creditor directly, they'll probably take you to court and
request that your wages be garnished long before you have that
$2,000 built up.
And what about your other creditors? Well, they'll be waiting
even longer to get their money from the settlement company. The
$6,000 debt will take 15 *more* months to pay off, assuming your
creditor waits that long and agrees to 50%. And that $10,000
bill? You do the math.
On the other hand, if you signed up for a 3 year plan with
the settlement company, your debts would be paid off sooner.
But, the question is, will your creditors wait that long?
Probably not.
The facts are, you can negotiate with your creditors
yourself. Most will agree to take a smaller monthly payment from
you and stop all interest and fees from accruing. And, of
course, you'll save thousands of dollars in fees to a settlement
company.
Before signing up for any service, please be sure you check
out the company thoroughly. And don't let the words "non-profit"
fool you either. Alot of debt settlement companies claim to be
non-profit.
Going back to the example above, if you pay them $15,000 over
a 5 year time frame and they settle your debts at half of what
you owed, they'll make $5,000 from you. I'd call that a profit,
especially since they might not have actually helped you in any
way.
Most companies will allow you to cancel your account and get
a refund of what you've paid, less the non-refundable admin fee
and the monthly service fees. If you feel you've been mislead
about their program, don't hesitate to argue til the cows come
home. File a complaint with the Better Business Bureau or hire
an attorney if you feel you're getting nowhere.
You can visit the Better Business Bureau's website (http://www.bbb.org)
and find reports on hundreds of companies. Here's a small
listing of companies that have poor reputations with the BBB:
National Consumer Debt Council LLC - Irvine, CA (A.K.A. NCDC,
United Consumer Law Group)
Financial Rescue Services - Burbank, CA
Debt Legal Services - Anaheim, CA
American Debt Relief - Los Angeles, CA (A.K.A. A M Debt,
American Debts Relief, Debt Relief)
Please be very cautious when choosing a debt help company and
ask lots of questions before agreeing to anything. If you find
they're evading your questions, run fast and run far. There are
reputable companies out there, so keep looking until you find
one.
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