Archive for May, 2010

Debt Collection And The Law Know Your Rights

By Admin, 27 May, 2010, No Comment

If you owe money to a debt collection agency or debt collector, you need to know what they can and cannot do in order to collect monies owed to them. You have an obligation to pay what you owe, and the debt collectors have an obligation to follow the law and not harass you at home or at work.

The Fair Debt Collection Practices Act applies to those who collect debts owed to creditors for personal, family and household debts. These include car loans, mortgages, charge accounts and money owed for medical bills. A debt collector is someone hired to collect money you owe.

Within five days after a debt collector first contacts you, the collector must send you a notice that tells you the name of the creditor, how much you owe, and what action to take if you believe you don’t owe the money.

If you owe the money or part of it, contact the creditor to arrange for payment.

If you believe you don’t owe the money, contact the creditor in writing and send a copy to the collection agency with a letter telling them not to contact you. A debt collector may not:

Contact you at unreasonable times, for example, before 8 a.m. or after 9 p.m., unless you agree;

Contact you at work if you tell the debt collector your employer disapproves;

Contact you after you write a letter telling them to stopexcept to notify you if the collector or creditor plans to take a specific action;

Contact your friends, relatives, employer or othersexcept to find out where you live and work;

Harass you through threats to harm you, profane language or repeated telephone calls;

Make any false statement, or claim that you will be arrested; or

Threaten to have money deducted from your paycheck or to sue youunless the collection agency or creditor intends to do so and it is legal.

You have a responsibility to pay off any debt that you owe. Debt collection agencies also have a responsibility to treat their customers with respect and follow the law.

If you are being harassed by a debt collection agency, contact the authorities and report them.

Debt Collection

By Admin, 20 May, 2010, No Comment

If you have a credit card, you may have heard from debt collectors more than once, reminding you that you are late with your payment. Most times you may find them annoying reminders. While debt collection is subjected to a regulation known as the Fair Debt Collection Practice Act, you are not dismissed from your obligation to pay your debt. The collection agency or the originator can file charges against you should you fail to settle your outstanding balance.

Many companies employ the services of a third party provider of debt collectors to contact and remind their clients about their debts. Debt collection services include, following up on clients through all means of communication tools, like fax, telephone call, mail or email. They are the ones who contact customers and remind them to settle their outstanding balances. Most debt collection agencies or companies operate under a no collection, no pay principle, meaning that if they cannot collect for the client, they will not be paid for their services. A long list of companies that need this kind of services include those outside lending companies such as banks, credit and insurance companies, The list also includes cable operators, water, heat and electricity providers, telephone companies, etc.

These debt collection services ease the burden for their client companies in going after delinquent customers. But it is imperative for companies to choose the right debt collection agencies. After all, these debt collectors communicate directly with customers and operate on behalf of the company.

The debt collectors must maintain an air of courtesy. They must not in any way harass the customer, and they must proceed with their tasks observing ethics and confidentiality. They must also properly identify themselves and not cause undue inconvenience to the customer. Customers, under the Fair Debt Collection Practice Act are protected against harassment from debt collectors.

Debt: Self-Help or a Credit Lawyer?

By Admin, 13 May, 2010, No Comment

Annual income twenty pounds, annual expenditure nineteen pounds nineteen shillings and sixpence, result happiness. Annual income twenty pounds, annual expenditure twenty pounds and sixpence, result misery. Mr. Micawber’s remarks on debt remain just as true today, perhaps more so with the explosion of credit cards, as they did when Dickens wrote them. We might, like Mr. Micawber, indulge in wishful thinking and try to convince ourselves that something will turn up.

In reality, though, we all know deep down that sooner or later debt problems have to be faced, the sooner the better. Nowadays we might not face debtors’ prison for consumer debt, but we should not fool ourselves either into thinking that credit repair or filing for bankruptcy are easy options. Whichever you choose, self-help or credit lawyer, the road ahead will be a long one. It’s well to face this fact at the outset.

Presenting the options for dealing with debt as a stark choice between self-help and legal relief is a bit misleading. In truth, whether you seek a lawyer or not, you still need to help yourself by acknowledging bad spending habits and poor budgeting management. You must bite the bullet, and the first very important step to take is to take responsibility for the situation you find yourself in. Second, if you want to avoid the courts, you’ll need to set up a budget plan which, unlike lawyers’ fees, will cost you very little. For a small fee you can enlist the services of nonprofit organisations which will be only too willing to give you assistance in drawing up a plan. You don’t have to feel you’re fighting a lone battle.

But perhaps you’re a natural self-helper, and you want to get yourself out of your financial mess by using your skills to draw up a budget plan yourself. Software programs are now readily available which will enable you to begin budgeting your money with a view to repairing your credit. Being proactive is the best way to build solid foundations for fiscal fitness in the short and long-term: you are retaking control of your life. Remember: your flexible friend will only keep you fit to live beyond your means. If you want to keep fiscally fit, stick rigidly to living within your means and the strict discipline imposed by a budget plan.

Living within your means sounds very laudable, but real self-help should mean living below your means, well below. Why? Simply because you’re looking to repair your credit as soon as possible, and you can achieve this by paying off as much as you possibly can on all your debts simultaneously. Paying off a small amount monthly to each company you owe money to is a good start, showing both commitment on your part and a safeguarding of your position to ensure you don’t face court proceedings. Some debts, however, gain interest and you’re therefore paying off less of the principal each month. Increase your monthly repayments and you put yourself in a good light with your creditors as well as working towards an earlier credit repair.

Living below your means: sounds a good idea but how is it done? Realistically, If there’s no pain there’s no gain. Changes in your lifestyle have to be made, some quite radical, particularly if your debts are substantial. Of course, you will have got rid of your credit cards and curtailed your spending habits, but you’ll need to go much further if you’re to count as a serious self-helper. Raising your income by taking on another job is one option. Selling your home and moving into rental property is another. These potentially are very stressful lifestyle changes, but the alternative of bankruptcy could hardly be described as stress-free.

You might feel, though, that filing for bankruptcy is the only way forward and that your debt situation is intractable. At this point hiring a credit lawyer might seem necessary to protect your interests, particularly if your debt is very large and your case complex. Before we look at the pros and cons of taking such action, it’s worth pointing out that new laws have recently been introduced which make qualifying for bankruptcy anything but a foregone conclusion. On current trends, we’re likely to reach the stage quite soon when it will become very difficult for anyone to file for bankruptcy.

This tightening of the bankruptcy laws in the US seems to contrast with the apparent liberalization of UK bankruptcy law. In the UK the period of a bankruptcy has shortened from three or two years to one year for ‘honest’, first-time bankrupts. For serial bankrupts, and others who have contributed to their plight through neglect or fraud, the period of bankruptcy has been lengthened to a minimum of five years. So, for first-time bankrupts, the aim is to encourage financial institutions to give first-timers a fresh start by easing credit restrictions post-bankruptcy. By contrast, serial bankrupts are made to face the seriousness of their delinquent actions.

But returning to the US, the question that tightening the rules on bankruptcy qualification throws up is, do you go for self-help or a credit lawyer? Opt for self-help and you could be doing yourself the best possible favor. If the law is going to make it increasingly difficult to file for bankruptcy then there seems no alternative but to implement a budget plan as outlined earlier. When the going gets tough, and tougher, the tough get going.

On the other hand, opt for a credit lawyer and you could benefit from an experienced attorney’s expertise to secure your bankruptcy qualification. Credit lawyers would argue their experience and detailed knowledge of bankruptcy law could prove invaluable in matters like reaffirmation agreements where you’ll be able to keep your residence or automobile by continuing to make payments on your home or car. This is possible because they are secured loans. The distinction between secured and unsecured loans, and its importance to the debtor, is well appreciated and used to best advantage by experienced bankruptcy lawyers.

So, self-help or credit lawyer? On balance self-help, because, as the person who created the problem, you must utimately be the one to restore your fiscal fitness. With the increasingly draconian nature of bankruptcy law self-help can only assume greater importance. As a last resort, though, seeking legal counsel might best protect your interests. But only you hold the key to keeping your annual expenditure down to nineteen pounds nineteen and sixpence.

Dealing With Debt

By Admin, 6 May, 2010, No Comment

For better or worse, we live in a society that thrives on credit. Almost any product can be purchased through installments. Credit cards and credit applications come through the mail on a regular basis. Unfortunately, some consumers become overwhelmed by their credit obligations. Because of a variety of reasons, overspending, illness, the loss of a job, it becomes impossible for them to pay all their bills.

If you cannot resolve your credit problems alone or need additional assistance, you may wish to contact an agency like the Consumer Credit Counseling Service or another credit counseling organization. These nonprofit organizations counsel consumers who are in debt. A counselor will try to arrange a repayment plan between the consumer and their creditors, and will help set up a realistic budget and plan expenditures. These services, are generally offered at little to no cost.

If you have a problematic credit report, there are no quick, “magic” fixes. The only way to fix your credit history is through sound management of your money. Then, continued management your finances for a long enough period of time so that your history reflects responsible spending habits.

Some consumers turn to companies, which claim to be able to fix credit problems. These companies, sometimes called “credit repair clinics,” often make misleading promises to consumers, such as promising to remove a bankruptcy from their credit report and charge high fees for doing the same things consumers can do on their own.

You need not pay someone else to learn what is in your file or to correct inaccurate information. See the Credit Reports section for more information about how to get and correct information in your credit file.

Your Credit Report will contain information about your

Identity: includes your name, address, marital status, and your date of birth, number of dependents, previous address, and Social Security number.

Employment: includes your present position, length of employment, income and previous job.

Credit History: consists of your credit experiences with specific credit grantors.

Public Record: includes civil suits and judgments, bankruptcy records, or other legal proceedings recorded by a court.

Under the federal Fair Credit Reporting Act , consumer-reporting agencies may keep correct and verifiable information in your file for seven years, and ten years in the case of bankruptcy. There are a few exceptions:

– if you apply for a job which pays more than 75,000 per year, the reporting agency may provide all the information it has, including items over seven years old.

– information reported because of an application for more than 50,000 worth of credit or life insurance has no time limitation;

– information concerning lawsuits or judgments against you can be retained in your file for seven years or until the statute of limitations expires, whichever is longer.

Others Who Can Obtain Your Credit Report

Any business, individual, or government agency may request a credit report for its legitimate business needs involving a transaction with the consumer. These include: credit granting considerations; review or collection of an account; employment considerations; insurance underwriting; a potential partnership; security clearance; or lease. Reports may also be issued at the written request of the consumer or a court.

Reviewing Your Credit File

You have to right to know the contents of your credit history. Upon request a consumer reporting agency must disclose to you all of its information about you and its sources for that information. This includes the names of all those who requested credit reports or other information about you in the last six months as well as anyone who obtained reports for employment purposes in the past two years. You may either make an appointment to review your file or request the information over the phone. The credit-reporting agency must provide you with a free copy of your file if you have been denied credit within the last 30 days. Otherwise, the agency may charge you a reasonable fee not to exceed 8.