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Dealing With Collection Companies

Are collection agencies hounding you for cash on debts you owe but you just don’t have the money to pay? It is their job to collect money from you and your job to deal with them effectively. It is important to know that collection agencies earn money from a commission based on how much money they collect from you. Because how much money they get is directly proportional to how much you pay, they don’t give up easily. If you need information on how to get out of debt, this is a good article to continue reading.

What to Do When They Call

When you receive a call from a collection agency remember they are doing their job and try to treat them in the same manner that you would like to be treated. Bullying techniques are frowned upon by agencies and they must follow a code of conduct.

Harassment is not permitted. Collection agencies repeatedly calling at your work and at home may constitute harassment. Ignoring telephone messages and calls from a collection agency will not encourage them to go away. They make their money from commissions on earned from the dollars they collect. It is in their best interest to collect money from you. If you believe that the agency has gone overboard and is harassing you, keep a record of the time, date and frequency of the calls. This may be helpful if a formal complaint is made.

The rules for calls are quite clear. Collection agencies are not permitted to call on statutory holidays, Sundays before 1 pm or after 5 pm or any day before 7 am or after 9 pm. If they do call too much, request, in writing, that they contact you in writing only.

Pay Up

The easiest way to get them to stop calling is to make good on your debt. Paying off your debt or working out a schedule with repayment terms suitable to all parties. Don’t be afraid or intimidated by the collection company. They want to do business with you, their jobs depend on it.

Lump Sum Payment

If you have the money and can pay, then make arrangements pay a lump sum payment and have it put in writing by the agency. If you are unable to pay the entire amount, then offer as much as you can afford. If for example you are able to pay a lump sum of 50% of your debt in a one time settlement, offer it to the collection agency. Make sure to ask them for a confirmation in writing agreeing that the lump some will be full and final settlement.

Payment Plan

Payments over time are another option to pay off your debt. If you are unable to offer a lump sum or they are not willing to negotiate on the amount then offer to make payments over time. Paying for a portion of the amount over the next 10 months is not as well liked as a lump some because it requires more work and it takes longer for the collector to make commissions.

Dealing with collection agencies in a professional manner will help get the collectors on your side. Be sure to log all correspondence and conversation as you go through the process. Not all agents will be pleasant but stand your ground and ask to speak to someone who can help you make the appropriate arrangements for you to settle your debts free and clear.

Debt Letters to Creditors

There are times when you may need more than a telephone conversation to get something done when it involves your creditors. Whether it is to clarify a credit card debt or billing error, close a credit card account, or to request that a debt collector stop calling, a letter should be sent directly to the creditor as proof of communication. When you are negotiating the repayment of a debt, creditors can become aggressive while pursuing the matter and a letter may be the only way you can find resolution and prevent collection calls.

Prepare your Letter

Before you contact any creditor in response to a debt situation, be sure the creditor has sent you proof of the debt you owe, especially if you are not sure whether the debt is truly yours. Ask them by phone to confirm your outstanding debt in a letter.

Make a list of any creditors, their names and addresses and clarify which debt they are collecting. The letter should contain all the parts of a regular business letter. Their name, date, company, and the relevant account numbers..

In the body of the letter explain your situation and ask them to only communicate in writing. This will stop them from contacting you by telephone. You may have to explain your circumstances as to why you are unable to proceed with payment of the debt. It may take the form of “I am unable to pay as I am temporarily out of work”. Avoid any unnecessary details but do tell the truth.

Supply the creditors with the necessary back up documentation. Proof of monthly income, job loss, disability statement will give integrity to your circumstances. Without back up information your situation, creditors may be less than willing to work with you.

Clearly outline that you intend to pay and that the circumstances have landed you in this predicament. Confirm your payment details that you could follow to pay off the debt and request confirmation that these details will satisfy the debt. Once you have the details and are able to, begin paying off your debt.

Sending a Letter

When you do take the time to compose and send a letter, send your letter via certified mail. Also include a receipt return request to ensure that they have received it. Sending it this way will provide a postmark of the date and time the letter was sent, a tracking number to follow if necessary and will provide signatures of proof of receipt.

If you are rectifying a billing dispute, include copies of any or all receipts necessary to the situation. Sending copies is important incase an unscrupulous business operator alters original documents leaving you with nothing.

Communicating honestly and obtaining the creditors co-operation during your financial hardship will make the experience better. Getting the creditors on your side and asking for their help and understanding will foster a good relationship. Your goal is to get the creditors to cooperate and know that you will pay when you are more financially solvent.

Superior Debt Services

Superior Debt Services Incorporated is a professional debt negotiation company. They were established in 1998 and debt settlement programs they offer are Debt Settlement Plans, Credit Counseling, Debt Consolidation Programs and Bankruptcy. Superior Debt Service’s main objective is to assist their clients using a new age debt consolidation program with becoming debt free.  All Superior Debt Services counselors are trained professionals who have received certification through Arbitrain Training Systems and the International Association of Professional Debt Arbitrators.

 Debt Settlement consists of aggressive negotiations with credit card companies which often results in significantly reduced credit card debt. This approach is beneficial for clients who have over $10,000 in credit card, can’t even afford their minimum payment, and are falling behind on other essential bills in addition to paying late on credit cards. Superior counselors will work with you and your debtors in developing a debt settlement plan that everyone agrees upon.  

Credit counseling is essentially when counselors negotiate with credit card companies to considerably lower interest rates. They will also help you develop a monthly budget based on debts owed, monthly income, and which debts to pay off first. During this budgeting process, the counselors can also assist you with devising a plan that prepares you for avoiding future debt.  

A Debt Consolidation Program is the process of consolidating all your debts into one then taking out one low-interest loan and making one payment on them all. 

Chapter 7 Bankruptcy is an action chosen only as a last resort when no other options work or remain. Although bankruptcy causes debtors to write off a majority of your debt, these actions will detrimentally affect your credit rating for several years. That’s why a debt settlement plan is more strongly encouraged, to avoid bankruptcy at all costs. 

Superior Debt Services want their clients to experience financial freedom and it is their mission to see this through. They are not a Debt Consolidation Agency and they strongly discourage the practice of debt consolidation loans. By using the debt settlement expertise offered by Superior Debt Services, you will learn how to get all your debts paid off and how to manage your income on a monthly basis so that you control your finances and not the other way around. Once you’ve created a Debt Settlement Plan that’s agreed upon with your debtors, your monthly budget is being implemented and freedom from debt is in sight, Superior Debt Services knows they’ve accomplished their mission.

Car Repossessions and Credit Score

Credit scores and credit card debt are often thought to have a chicken and egg relationship. Good behavior on a loan increases your credit score, but sometimes simply to qualify for a loan a decent credit score is a prerequisite.

To further complicate the issue, defaulting on a loan can damage your score and thus make it more difficult to qualify for another loan in the future.

What is Repossession?

This is occurs when the lender takes back possession of the item that was used as security for the loan, in the case of a car loan, the bank would claim the car. When a borrower defaults on a loan, the lender usually gives a three to six month grace period after the first missed payment, so the borrower has the opportunity to make good on the loan. Repossession is usually the last resort.

What Effect Does Repossession Have on your Credit Score?

You may be wondering how big a dent repossession of your car will leave on your credit report. Unfortunately there is no easy formula to calculate just how many points it will cost you, but you can be certain that if your credit was previously spotless it will leave a large impression, whereas if your credit was bad before the incident it may not make a huge difference. Thus Car repossession can range from a loss of 50 points all the way up to 150 depending on the condition of your overall credit.

How Long Will This Last?

Repossession leaves a stain on your credit report that will last for seven years, but can sometimes stretch to as long as two decades. This may sound shocking, but the ghost of car repossession can hang around long after the dreaded day.

This usually happens if the vehicle is auctioned off for less than the amount owed to the bank. In cases like these, the bank can demand the difference from the borrower and failure to pay can lead to litigation. If the judge finds in favor of the lender, a judgment will be placed against the borrower. Unlike repossessions, which expire after the seven year period, judgments can be renewed, which would explain how it can cast a shadow for two decades.

This is a terribly long time to have your past actions influence your present and future possibilities. Imagine not being able to qualify for a mortgage, buy another car or even get a credit card, all because of something you did a decade ago.

Can Car Repossession be Removed from your Credit Score?

While time does heal all wounds, including those done to your credit score, there is no need to sit this one out. You can communicate with your lender to negotiate a payment plan for the balance before it gets to the litigation stage. The bank often agrees to stamp your report “Paid as Agreed” or will take it off entirely if you are agreeable and persistent.

If however you have found errors in the way your case was handled you are within your right to dispute them formally by writing a letter to the three credit bureaus. They will be legally required to respond within 60 days of your letter.

Prevention is Better than Cure

There is no doubt that it is better to avoid car repossessions in the first place. Banks will work with customers to alter payment schedules to make them easier to manage simply to avoid the loan going bad. Even selling the car yourself to get rid of the loan is better in the long run than trying to hold on to it while watching your credit score slip.

Your credit score impacts every aspect of your financial life, so it should be well guarded. Check up on your score regularly to ensure you are in good financial health.

Bankruptcy and Credit Cards

Consumer use of credit cards has been steadily increasing since they were first issued in the US in 1966. Over time, credit cards became easily accessible to a wide range of consumers, including those already in credit card debt or who had shaky repayment capacity.

This rise in consumer credit saw a corresponding increase in the level of personal bankruptcy, and increasing numbers of people are forced to choose between struggling to repay credit card debt, or file for bankruptcy. Expert advice should be sought before making this decision, but the information below may be of assistance.

What can be done to repay debt?

- Ruthlessly cut spending – get rid of non-essentials like cable TV; sell unwanted items, eat at home.

- Use this unexpected cash to pay down the credit card with the smallest balance.

- Select the next smallest credit card balance and cut that down until it’s repaid, then repeat with the next.

- If you must use a credit card, repay the whole amount at the end of the month. In this way, you are reducing the debt from both ends.

These are just a few suggestions. If you struggle with this, get help from a not-for-profit agency with a financial counseling service.

What are some of the consequences of filing for bankruptcy?

- Chapter 7 bankruptcy shows on your credit record for 10 years.

- You may have to disclose your bankruptcy on financial statements.

- Some employers request bankruptcy disclosure from prospective employees. This can affect your attempts to improve your situation through a better paying job.

- Any loan you get within the 10 year period will be at a much higher interest rate because your credit risk is based on your past performance.

- The law allows your credit information to be stored for long periods of time. It is now very easy for anyone to purchase your credit details on-line.

- Your credit score will be lowered because of your poor financial choices, and because you are not paying off your debt.

Try first to pay down your credit card debts. Late or short payments do affect your credit score, but if you continue to repay, consumer debt drops off your credit record after 7 years. This means that with discipline and effort, you can have a better credit history after 7 years than if you file for bankruptcy.

The decision to file for bankruptcy through credit card debt is an individual one, to be taken only when all avenues are exhausted and there is no other option.

Debtor Goes Off on Bank of America!!!

Can I Be Sued For an Unpaid Credit Card Debt?

Anyone with credit card debt knows that when the collection agencies start calling, it can get downright scary. This can happen to anyone who is struggling to get out of debt. It usually begins with a simple snowball effect. The credit card interest fees grow, you get behind in making the minimum payments and the late fees continue to build. Next thing you know, there is a knock at the door and you are served with papers.

Yes, you can be sued for unpaid credit card debt. All companies are different in their approach and system for doing so, but generally you will need to be behind in your payments for some time. A couple slips of payments should not send the process server to your front door.

Depending on the amount of money you owe, your action might be filed in small claims court. Collection companies have employee representatives that are dedicated to handling collection actions in a court of law. Many collection companies also use attorneys as their representatives.

In either case, you need to be prepared to respond to the lawsuit. You cannot run and hide. It will follow you no matter what you do. You must file a formal written response, called an Answer to the law suit papers you receive. Be sure to detail all facts of why you have not been able to pay. For instance, if you have lost your job or your home or if you have been ill and have outstanding medical expenses, document that in your answer.

If suit is filed, it usually means the collection company has exhausted its laundry list of attempts to recover funds from you. At this point, they want money from you. If you have the capability to pay or should have the capability to pay, they will take full legal action to try to recover. If your money tap has run pretty dry, they will likely be looking for recovery of even a small percentage of the funds you owe. Some money from you is better than no money from you.

At this point in time, if you can work out some type of a payment schedule, the plaintiff collection company may be open to negotiation. If you have the ability to make monthly payments, you will want to try to set this up directly with the collection company prior to your legal hearing so you can avoid a legal hearing all-together.

Some small claims courts require mediation between the collection company and you the debtor. The purpose of mediation is to come to an agreement where you can pay back some or all of the debt over a given period of time. Generally, the mediation sets new rules for how and when you pay back your outstanding debt. Often times, the debt amount may be reduced during the mediation.

If you receive suit papers for outstanding credit card debt, the best strategy is to face it head on and do what you can to repay your obligation. Credit card companies like working with those who try to work something out rather than those who run from their obligations.

Help Paying Bills

Credit Card Bills And You

Credit.  The world revolves around it.  Your credit condition can open or close doors for you.  Our credit is a reflection of our financial stability.  It provides creditors with a blueprint of our credit plagued souls.  The credit card was an ingenious creation.  People tend to find great satisfaction is spending money.  Therefore, why not make it easier for them by giving them a plastic card that allows them to enjoy the finer things life has to offer with no cash in hand.  I mean they can always make the payments next month, right?  Wrong. 

Credit card debt is a vicious cycle of accumulating debt that attaches itself to millions of people around the world and never lets go.  To make matters worse most people have more than one credit card at their disposal.  If they max one they go onto the next.  The credit card snowball affect is in motion and when it reaches the bottom don't be in its path.  As scary as this all sounds take comfort in knowing that you really can pay off credit card bills.

Pay Off Credit Card Bills Through Consolidation

If you are seeking an alternative to the uncompromising cycle of credit card debt there are options at your disposal.  First of all, you do not want to take out a combination of loans to repay your credit card debt.  You can contact a debt relief professional online and they can provide you with relief services that will place you on the road to financial recovery.  Credit card consolidation can be your saving grace.  These professionals can contact your credit card companies and negotiate settlements that can reduce your overall debt.  They can consolidate all of your debt into one simple and single payment.  This will eliminate the never ending collection calls and even lower your interest rates as well.  More importantly it will set you back on the path to financial success.  You can be more in control of your financial future and avoid the black hole known as bankruptcy.

Summing Up Paying Off Credit Card Bills

Credit card debt does not discriminate.  It will attach itself to any of us.  The key is how we confront it.   We cannot allow it to bury us in a bottomless sea of debt.  If we feel like this sea of debt is going to sink our financial ship we must pursue options that will save us.  We don't have to go down with the ship.  By simply contacting a debt relief professional online we can begin the process of credit card debt elimination through consolidation.  The benefits are many, the alternatives are bleak.  There is a way to pay off credit card bills and achieve financial stability.

Debt Settlement Help

Many people face a financial crisis at some time in their lives. You may have trouble paying your bills due to a personal or family illness. Your debts may be turned over to a collection agency because of the loss of a job. Financial problems can be overwhelming, but there is help available.

Credit counseling may be a good option from you if you have trouble coming up with a workable budget and sticking to it. Many credit counseling organization exist to help people solve their financial problems.

Many universities, military bases, housing authorities, credit unions,  and branches of the U.S. Cooperative Extension Service operate nonprofit credit counseling programs. Some credit counseling agencies offer services over the telephone or Internet. If possible, find a credit counseling agency that you are able to meet with in-person.

Reputable credit counseling agencies advise you on managing your money and debts, help you develop a budget and offer other free information or services. Their counselors are certified and trained in the areas of consumer credit, money and debt management and budgeting.

After a thorough review by a certified credit counselor, you may find you still have too much debt to repay according to the terms of your creditors. The counselor may recommend a debt management plan.

Under a debt management plan, a counselor will set up a repayment plan acceptable to you and your creditors. In a debt management play, you deposit money each month with the credit counseling organization, which uses your deposits to pay your unsecured debts, like your credit card bills, student loans, and medical bills. Through a debt management plan, your creditors may agree to lower your interest rates or waive some fees.

Beware of credit counseling organizations that charge high up-front or monthly fees for enrolling in credit counseling or a debt management plan. Do not enroll in a debt management plan without a personal review of your financial situation.

Credit counseling agencies may also help you negotiate a settlement with your creditors. Often creditors will accept a one-time payoff of your debt that is lower than the total amount you owe to the company. You may be able to negotiate as much as a 50 percent reduction by paying off the debt all at once rather than continuing to make payments.

Other agencies also exist to help negotiate settlements with creditors. These agencies can also be very effective in helping reduce your debt. However, always ask about any fees that they charge to provide this service. Some debt settlement companies charge outrageous fees for their service when the same services may be available for free through nonprofit agencies.

Debt Help

Many consumers looking for debt help are unaware of what options may be available to them at this time. As the economy here in the United States struggles to climb out of a recession, it becomes even moreso important that consumers know where they can turn to find help in getting out of debt. Delinquency rates on credit cards and personal loans continue to climb, and many find themselves on the verge of filing bankruptcy. The following is a brief overview of some bankruptcy alternatives that may prove to be suitable debt help options for those with high interest rates and balances:

Credit Counseling: Often, the services that credit counseling agencies provide are referred to as "Debt Management Plans" or DMPs. If enrolled in a DMP, the client makes one simple monthly payment to the credit counseling agency. The agency then makes all of the monthly payments on behalf of the client to each of the owed creditors. In the meantime, the agency works with each of the creditors to try and reduce the interest rates on the client's accounts. If successful, this allows the client to pay off their debt over a shorter period of time, and pay back less interest over that time as well. One thing to keep in mind- not all creditors will work with credit counseling agencies, so consumers should make sure the agency they are interested in working with has a positive history with whoever it is they owe.

Debt Settlement: Perhaps a more suitable debt help option for those who are truly attempting to avoid filing bankruptcy. Unlike credit counseling agencies, debt settlement companies negotiate with the creditor or collector handling the account to try and settle the balance for a reduction of what is owed. The majority of debt settlement companies advertise that if successful, they have the ability to reduce a person's credit card debt by up to 50% of what is owed. One thing to keep in mind- every creditor has a different internal policy when it comes to debt negotiation, and some are more favorable to work with than others. Furthermore, settling a debt has a negative impact on a person's credit score, as the account must be past due in order to settle. With that being said, this is a small price to pay for any consumer whose only realistic alternative is filing Chapter 7 or Chapter 13 bankruptcy.

What is a Debt Consolidation Loan?

A debt consolidation loan is a loan that will enable you to consolidate all your debt into one monthly payment. If you apply for a personal loan with your bank, you can immediately pay your debt with the funds that are extended to you. You will pay the bank back with monthly payments. A debt consolidation loan will help you become debt-free in just a few years.

What Are Your Options?

You can apply for a personal loan with your bank. You will potentially lower the interest that you pay (on the total debt amount) with a personal loan, but you need good credit in order to qualify. If you are a homeowner and you have equity, you can apply for a Home Equity loan. You can look forward to a very low interest rate with this kind of loan. You can also choose to work with a credit counseling company. They will negotiate with your creditors to lower the interest that you pay. You will make one monthly payment to the company, and they will make the payments to your creditors. These companies charge fees for their services, so make sure you discuss that with your credit counselor. Many times you can apply on their website or over the phone, and someone will get back to you.

Why Should You Consider A Debt Consolidation Loan?

A debt consolidation loan could be an excellent solution for eliminating debt completely. You will be consolidating all your debt into a single monthly payment, and you will save a lot of money. You could potentially be lowering the interest that you pay with this kind of loan, and your monthly payments will decrease. You will also avoid paying late fees on your credit cards if you are struggling to make all of your monthly payments. You can avoid bankruptcy and eliminate collection calls by applying for a debt consolidation loan as well.

Getting out of debt is not an easy task. A debt consolidation loan relieves the burden of credit card debt, and makes it a lot easier to get back on track. You will save a lot of money with this kind of loan, and be able to consolidate your debt into one affordable payment. If you are feeling overwhelmed with the amount of debt that you owe, you might want to consider applying for a debt consolidation loan today. Assuming you can get approved for a low interest rate, you may be able save a lot of money on interest by eliminating your debt in a few years, and you can look forward to living a debt-free life.

What are the Problems with a Debt Consolidation Loan?

Unfortunately, a debt consolidation loan is not the best idea. For one, if you have bad credit, the bank may force you to secure the debt with collateral (for example, a home equity loan). For people already having money troubles, this is a bad idea because you are now putting your property at risk. And if the loan is not secured, you can bet it will be extended at a very high interest rate. In the end, you may pay back more to the bank over time than what you owed in credit card debt at the time you took out the loan.

 

Filing Bankruptcy on Credit Cards

Consumers often make the mistake of relying on a bankruptcy judgment as a way to eliminate debt resulting from credit cards. However, bankruptcy courts today have become much more stringent when it comes to dismissing consumer debt. Credit cards in particular may be a challenge when filing for bankruptcy. Bankruptcies are filed in the hopes that all credit card debts will be discharged but there are several circumstances where a bankruptcy court may not dismiss the debt, leaving the debtor with the credit card balance in addition to the court and attorney costs for filing bankruptcy.

When Credit Card Debt Is Not Dischargeable

There are two specific factors that can cause credit card debt to not be discharged by a bankruptcy court. These factors include:

· If you have a credit card that was for applied for fraudulently with no intention of repaying the debt

·If you submitted the credit card application under false pretenses

Other Credit Card Issues with Bankruptcy

Each credit card company had a different protocol when it comes to handling bankruptcy actions. Some companies will require different factors when determining to discharge an outstanding credit card debt. A creditor can challenge various actions during the creditor meeting process of a bankruptcy which can include:

·Debtors who have just received a new credit card prior to bankruptcy.

·Debtors who use credit cards excessively just prior to filing for bankruptcy.

·Debtors that charged purchases to a credit card after seeking counsel for bankruptcy from an attorney.

·Debtors who keep large balances at filing time, or who exceeded credit limits.

·Debtors who withdrew large cash advances in months before filing bankruptcy.

·Debtor history of borrowing credit from one credit card to make payments on other credit cards.

·Debtors who have used their credit card prior to bankruptcy to pay for vacations, travel, or other luxury items.

·Debtors who used a credit card during terms of unemployment or other situations where repayment was not reasonable.

Increase the Odds

Consumers have a stronger likelihood that credit card debts will be discharged in a bankruptcy if the length of time between the filing and the time for credit card usage is reasonable. If it is evident that credit card use was intentionally reckless, creditors may opt to not dismiss the debt through bankruptcy. Consumers who have recently used credit cards they are considering filing bankruptcy on should wait as long as possible before the bankruptcy filing. Consumers can object if creditors do file an non-dischargeability action against a debtor and can contest the suit at a trial. Upon winning, debtors may be able to recover attorney fees that were incurred to provide defense against the action.

Bankruptcy As a Last Resort

Consumers are encouraged to renegotiate debts with creditors and make the efforts to pay off debts before turning to bankruptcy as an option. Bankruptcy is not a guarantee that debts will be discharged and the process itself is expensive and time-intensive. Debtors will need to evaluate their own financial situation carefully before deciding to file bankruptcy. Bankruptcy seriously effects a consumer credit score and will remain on a credit report for 10 years, negatively influencing future financing opportunities.

Arbitration Forum Sued

Benefits of Debt Settlement

 

Have you noticed an increase in advertisements offering help for consumers struggling with debt?  There are so many people who find themselves in a position where paying off debt is becoming difficult if not impossible.  If you find yourself facing a decision as to which bill will go unpaid in order to cover your basic living expenses you probably know the stress that comes with living in debt.  At some point consumers have to decide if they will ever be able to pay their debt on their own or if they need the help of a professional debt settlement company.  These companies have received a lot of bad publicity lately, however the process of debt settlement in itself in not usually the problem.  Finding a reputable company is your first priority if you are considering settling your debts.  By doing so you may benefit from debt settlement in the following ways. 

 

  • Reduce debt-  You often hear about methods that reduce or eliminate debt, but few actually lower the amount of money you pay back.  Debt settlement will actually reduce the amount of money that you are required to repay in order to be free of that debt.  In many cases you might settle an account for 50% of the balance you currently owe which could result in saving thousands of dollars.
  • Eliminate debt fast-  The only method of eliminating debt faster is filing for bankruptcy.  Since that process has the most severe negative consequences, the next best option is debt settlement. You could be debt free in as little as 12 months and the maximum length of time for most programs is 36 months.  That might not seem “fast” until you compare it to the five years in credit counseling or thirty years of making minimum payments.
  • Improves credit management-  Many people wonder how paying less than the amount owed can help someone improve their credit management.  When you enter a debt settlement program you are no longer allowed to use credit card accounts enrolled in the program.  Most companies require all accounts be closed or may allow one small credit card to remain open for emergencies only.  In a round about way, this stops the cycle of debt in that consumers are forced to learn how to live within their means.  By removing the option of using credit, many people find they can in fact live without incurring debt.  When the program is over you have not only eliminated your debt but also avoided adding debt because you have learned to avoid using credit as an extension of your income.

 

There are other benefits to using debt settlement to eliminate debt as well as negative consequences associated with the process.  Before moving forward and signing up for a debt settlement program take the time to learn as much as possible about all the consequences to ensure this process is the best way to handle your debt.

 

Restoring Bad Credit

There are many consumers who are recovering from their debts but still face the issue of dealing with bad credit, which hinders eligibility for new lines of credit, personal loans, and mortgages. However, having bad credit is not something that is impossible to reverse. It is also not a situation that requires consumers to spend a lot of money to have their credit repaired. Restoring bad credit is a process that does take time and effort but can be done by the consumer.

So how can you restore your bad credit rating for a more solid financial future?

Order Your Credit Report and Review

There are many consumers that have never even seen a copy of their own credit report but in order to monitor your credit score and financial situation, it is essential that you order a copy of both your credit history and your credit score. Consumers are eligible to receive a free copy of their credit history annually and at any time within 60 days after they have been denied credit. However, a credit score only accompanies a credit report for an additional charge. It is not enough to just see your credit score. Consumers need to look at every line of their credit report and note any incorrect information, inaccurate details, and ensure that all accounts listed are indeed real.

Dispute the Errors

With your account information with creditors and the credit bureaus themselves, there is always the possibility that errors will be made. Errors, even small ones, can cause your credit score to go down. Erroneous information can affect the way creditor's view your history and thus affect your ability to get financing. If you see any incorrect information on your report, you need to follow the instructions to file a dispute. The credit reporting agencies are then required to investigate the dispute with the creditor. Upon conclusion of the investigation, the information will be corrected or removed from the report. Correcting information can increase your credit score and give a more accurate picture of your financial standing.

Get Back On Track

In order to improve your credit standing, it is essential that you get back on financial track immediately. Meeting your financial obligations on time each month, responsible credit card usage, and using credit wisely are all actions that will help to increase your credit score. Pay close attention to the ratio of your outstanding debts compared to your open lines of credit. Never max out your credit limits, as it can reflect badly on your credit score. Be mindful of your budget each month and work at paying off as much debt as you can reasonably afford.

Remain Proactive

There is no overnight solution or magic button to push when it comes to restoring one's credit. But even really bad credit can be restored to excellent with time and a serious commitment to better financial management. Remaining proactive about financial matters and credit issues is something that needs to be progressive. Managing your money and your credit should be an important part of daily financial life. Regular reviews of your credit report to monitor for errors or fraudulent information is also important to regain your good credit score and stable financial situation.

The Quickest Way to Pay Off Debt and Avoid Bankruptcy

There are several things that you can do to wipe all of your debt without resulting to bankruptcy. Bankruptcy should always be your last option. Before you even consider it, these suggestions may do well for you:

1. Sell your assets.

Bankruptcy is the formal method of liquidating your assets to pay off your debts. If you do have assets to sell, why go to the courts when you can dispose of them yourself? Sell your unused properties, cars, jewelry, and anything of value to make up for your debt.

2. Cut out some of your monthly payments.

Try to evaluate your monthly cash flow. Determine how much money is paid for utilities, credit card bills, insurance, and everything else. Try to see which of these you can take out of your budget. Surely, you can do without cable TV, internet connection, or mobile phones for the time being. It’s going to be a big sacrifice. But the money saved can do so much to get yourself out of your old debts.

3. Request for a longer term and lower interest rate.

Your creditors may be open for negotiations. If you can ask them to lengthen your loan term, do so. If they can lower down your monthly interest rate, that’s great. Talk to your credit company and see if they have available programs for you.

4. Consolidate your debts.

One debt is better than five. So if you can consolidate debt under one lender, do so. This also gives you a better rate and a much longer payment term. Debt consolidation is a process of combining all your debts and paying for them once. This also saves you time, money, and effort. It helps you manage your finances better because you only have one payment deadline to meet rather than having one every week.

NCO Financial Collections

There are many consumers who are struggling with debts that receive collection notices and calls about these debts. Accounts get transferred to collection agents when the original creditors assign their debts to a collection agency. It is a common practice but many people have been subjected to unfair play by some collection agencies. One in particular is NCO Financial Collections, one of the largest debt collection agencies, headquartered in Pennsylvania. If you have an account with them, it is important that you understand what your options are to pay off your debt. There are tons of websites across the internet that contain list a mile long about the complaints and problems consumers have had in dealing with NCO Financial Collections. One such site is the Better Business Bureau, which sites many inappropriate activities on the part of the collection agency and its representatives.

Unfair Practices

The Fair Debt Collection Practices Act was created to help protect the consumer from the increasingly threatening and aggressive collection agents. While there are several collection agencies that have been notable as being difficult to work with, research shows that NCO Financial Collections has been consistently found too be harassing in the following manner:

Phone Calls

Collection agents that are trying to collect on a debt are not legally allowed to contact a consumer by phone before the hours of 8 am or after the hours of 9 pm. However, many consumers complaint that they have received repeated calls from the agency at all hours of the night. Additionally, the FDCP Act prohibits collection agents from contacting a debtor at work once the debtor has stated they are not allowed to receive phone calls or collection calls at their place of employment. The collection agents for NCO Financial have disregarded many such notifications and have continued to contact a person's place of employment, despite the risks of the debtor being reprimanded or losing their job.

Credit Reporting

Several years ago it was discovered that the collection agency was reporting wrong information to the credit reporting bureaus. This act of misinforming the bureaus resulted in a lawsuit against NCO Financial Collections by the Federal Trade Commission. It has been reported that even when a consumer has renegotiated or settled with the original creditor, NCO Financial has repeatedly filed collections or charge off information to consumer credit reporting bureaus, resulting in lowered credit scores.

Untrue Threats

It has also been reported that in addition to the other unfair credit collection efforts by some NCO Financial representatives, many consumers have been threatened with actions that are not legally possible should the consumer not be able to come up with the total amount of money owed on the debt. The Fair Debt Collection Practices Act outlines for the consumer what is and is not allowed in the debt collection process. Consumers are advised to read the information thoroughly and be prepared to defend their rights.

Credit Advice

If you have a collection account being reported on your credit history from NCO Financial or any other debt collection agency that has no merit, you should immediately contact the credit reporting bureau and file the correct paperwork to initiate an investigation. The debt collector will then be obligated to provide the correct information about the debts or the credit bureau must, by law, remove the information from your report, which can help improve your history and credit score. Should your receive a call about collection on a debt from NCO Financial or any collection agency that you know is false, request a copy of your credit history report immediately and check the documents thoroughly and proceed to take the proper actions.

Dealing With Collection Agencies

There are few things as stressful as dealing with collection agencies. If you have never had to experience the constant calls and letters it is hard to imagine just how demoralizing it is to be on the receiving end of what is often considered borderline harassment. As the mail piles up and the phone keeps ringing you may be tempted to stick you head in the sand and wish it all away, but that is not the most effective way of dealing with collection agencies. The following tips will help people in this situation know what they should and should not do when dealing with collection agencies.

Do:

  • Keep records- It is important to keep accurate records when dealing with a collection agency. You should create a file, folder or other designated “place” to store all correspondence as well as a phone log which includes the dates, times and name of the person making the call.
  • Get everything in writing- If you have agreed to make a payment or the debt collector is proposing a repayment plan, insist on receiving any offers in writing. It is not uncommon for people to commit to a verbal agreement only to discover later that the collection agency did not honor the “agreement”.
  • Confirm debt- Before confirming a debt or agreeing to pay any debt, it is important for you to verify that you do in fact owe that money and that the statute of limitations in your state has not passed.
  • Know your rights- Dealing with a collection agency offers you rights that you would not have when dealing with the original creditor. Become familiar with these rights (Fair Debt Collection Practices Act).

Don't:

  • Offer personal information- Never, ever tell a debt collector where you work or confirm banking information. Debt collectors are often paid based on the debt collected. Therefore they are very “creative” in the methods they use to garner information from you. You do not want anyone to have your employment or banking information unless and until you are ready to make a payment. Even then, you want to retain control over your banking information and make your payment on your terms, otherwise they could easily withdraw all of your money versus a payment you have agreed upon.
  • Lose your temper- When you lose your temper you lose control over the call and risk saying something that you might later regret. Remain calm and in control to avoid giving the debt collector the upper hand. Many collection agencies know just what to say to anger or intimidate you, do not let this happen.

These are just a few of the do's and don't of dealing with a collection agency. Take the time to learn as much as possible about handling collection calls and you can avoid many of the costly mistakes often made in the heat of the moment.

New Credit Card Legislation And How it Affects You

Many consumers have been reading in newspapers and seeing on televsion articles and discussions in regards to the new credit card legislation that is now in place. Some people are well aware of what the new changes mean, while others are still in the dark as to how they may benefit from the more consumer-friendly credit card laws, and the restrictions these laws have placed on credit card lenders. CNBC published a very informative, easy to read article on what the new credit card legislation means for you and what affects it will have on the credit card industry in the future.

Credit Card Companies Strike Back!

The new credit card legislation that went into effect as of August 20th, 2009, has the credit card companies plotting their next moves to turn profits now that practices such as unexpected increases of interest rates and Universal Default soon will no longer be allowed. Yahoo! Finance published an article detailing the counteractivity consumers can expect as a result of these changes.

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What to Expect if You File for Bankruptcy

If you’re thinking about filing bankruptcy as a method of clearing credit card debt there are a few things to consider. First there’s chapter 7, which disposes of all debt, and then there’s chapter 13, which allows the debtor to pay off the debt. Bankruptcy court usually decides which one is right for your situation

Chapter 7 takes about three months to clear credit card debt. Chapter 13 allows three to five years to pay off the debt at a reduced rate. If this sounds like a good plan to rid yourself of credit card debt, remember that you are not allowed to file bankruptcy for credit card debt alone. Bankruptcy courts take all assets and debts into consideration. The up side is that once you file, credit card agencies can not contact you to collect the debt. Credit card purchases less than sixty days old may not be eligible for inclusion when you file.

According to Polk Law Firm, a Dallas based Bankruptcy Attorney firm, you may need to be prepared to have your bankruptcy challenged by your credit card issuer. “Credit card issuers sometimes challenge Chapter 7 by filing an adversary proceeding claiming that the debt was incurred by fraud, and therefore, should be excluded from the discharge. This is sometimes called a non-dischargeability action.”

Under two legal theories credit card debt may be non-dischargeable in bankruptcy.

1) The application to obtain the card was fraudulent.

2) The card was used fraudulently.

Credit card issuers have different practices when it comes to non-dischargeability. If any of the following list of circumstances apply it will increase the likelihood that the debt will be subject to challenge by the creditor:

1) Increase in credit card usage before filing for bankruptcy.

2) Newly issued card at the time of filing.

3) Large cash advances in the months leading up to filing.

4) Using the card for travel or recent vacations.

5) Borrowing on one card to pay off another.

6) Using a card when unemployed, or without reasonable belief the debt can be paid.

7) Exceeding credit limit repeatedly.

Strategies to help avoid a challenge of non-dischargeability by the creditor

1) Wait to file bankruptcy. The more time that passes between the last use of the card and the time you file the better. It may also provide you with a chance to make a few payments in good faith.

2) Settle with the issuer when and if they file a non-dischargeablity action.

3) Contest the suit. If you win you may at least recoup the attorneys’ fees.

4) File Chapter13 under it debts that may have been incurred fraudulently are dischargeable.

If a creditor believes the debt was incurred by fraudulently using or obtaining the credit card they must prove it and present the facts at trial.

Factors that suggest fraud:

· Length of time between charges and bankruptcy filing

· Whether or not an attorney was consulted before charges were made

· Number of charges

· Financial condition of debtor

· Charges above the limit on the account

· Multiple charges on the same day

· Debtor’s prospects

· Purchase of luxuries versus necessities

On the surface filing Chapter 13 or Chapter 7 seem like easy solutions for out of control behavior, but like anything else, there’s more to it than meets the eye. The best case scenario is not to let the spending get so out of control that you have to consider these solutions.

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Comments

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Jim Cala  says:
3 months ago

Nice hub...I've tried debt settlement and can attest that it works. This was after years of struggling in a debt management plan which didn't/

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Slash Debt  says:
3 months ago

Thanks Jim. It is good to hear that you have had success with the debt settlement approach. It is certainly a suitable option for many facing a particular set of circumstances.

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