Debt Settlement — Why the Critics Are Wrong

By Admin, 22 July, 2010, No Comment

A lot more people are becoming interested in debt settlement as an alternative to bankruptcy. That’s because a new bankruptcy law was enacted on October 17, 2005, which means a rude awakening for many consumers seeking a fresh start in bankruptcy court.

It used to be that 7 out of 10 people filing personal bankruptcy were granted Chapter 7 status, where the unsecured debts are totally wiped away. That has changed under the new rules. If your income is above the median for your state, or you can pay back at least 100 per month toward your debts, then you’ll be turned down for Chapter 7. Instead, you’ll be shifted into Chapter 13, where you pay back a portion of the debt over 3-5 years.

It gets worse. When the court calculates your allowable living expenses, it will use the approved IRS schedules, not your actual documented expenses. So even if you don’t think you can pay 100 a month or more, the judge will probably disagree. Instead of a fresh start, many people will be faced with the grim reality of a harsh 5-year plan, on a court-mandated budget that forces them to adopt a much lower standard of living. That’s where debt settlement starts to look pretty attractive.

Yes, I know debt settlement has its critics. I’ve criticized aspects of the industry myself. But what the critics don’t seem to understand is that this approach is for people who would otherwise go bankrupt! Let’s examine the three main complaints against debt settlement and see where the critics are missing the mark.

“Debt settlement has a negative impact on your credit score.”

Wow. Big deal! Pretend it’s two years from now. Would you rather have an A+ credit rating or be totally free of debt? Pick one please, because you can’t have both. All debt reduction programs have a negative impact on credit scores. That’s why only people who truly can’t keep up with their bills should go into one of these programs. But it’s pointless to worry about your credit while you’re being crushed with debt. That’s like worrying about how the yard looks after your house has burned down.

“You might have to pay taxes on the canceled portion of the debt.”

I’ve always been amazed at how frequently this lame criticism is repeated in article after article. Yes, it’s possible that you may need to pay taxes on forgiven debt balances, but the odds are against it. That’s because the IRS allows insolvent taxpayers to exclude canceled debts. So unless you have a positive net worth, you probably won’t need to pay taxes on your settlements. And even if you did, so what? You’d be paying taxes because you saved a bunch of money off your debts! And this is a problem?

“Collection activity will continue and you might get sued.”

Yes, if you fall behind on your bills, your creditors will most certainly continue attempts to collect what’s owed, and one or more of those creditors might sue you in civil court. But again, this criticism totally misses the mark. Collection activity is already a function of being in debt trouble. At least debt settlement allows the consumer to use the collection process to eliminate debt through negotiated compromises. Even lawsuits need not be cause for panic, since they can often be settled out of court. The only reason to allow a legal action to proceed to the point of wage garnishment, property lien, or bank levy is lack of financial resources with which to settle. And if that’s the case, the debtor should be talking to a bankruptcy attorney anyway.

In contrast, let’s look at some of the positives of debt settlement.

1. You can save 1,000s versus any other method of debt elimination (except for Chapter 7 bankruptcy, which is much more difficult to accomplish now that the new law is in effect).

2. You can get out of debt in 2-3 years, and much faster if there is some available home equity to work with. This is a lot better than 5 years in the financial boot camp of Chapter 13 bankruptcy, or 5-9 years in a credit counseling program.

3. You keep control over the process more than with any other approach.

4. You maintain personal privacy. With bankruptcy, your case file becomes a matter of public record, easily located via Internet search by future employers, landlords, or creditors.

5. You retain your dignity while working through your financial problems. Bankruptcy still feels like failure to a lot of people. Debt settlement represents an honest and ethical alternative to that extreme solution.

6. You can adjust your monthly funding into the settlement program up or down depending on real-world conditions in your financial life. If your income fluctuates from one month to the next, or you get hit with an unexpected expense, it won’t torpedo the whole program. The built-in flexibility of debt settlement gives it a huge advantage over other options, all of which require a fixed monthly payment.

Once you’re made the determination that debt settlement makes sense for your situation, you’ll need to decide whether to go it alone or seek professional assistance. For people who aren’t easily intimidated, there’s no question that the do-it-yourself approach is the way to go. For others who can’t handle the least bit of pressure or just want to focus their time and energy elsewhere, hiring a professional settlement company may be the correct choice.

If you do decide to take the do-it-yourself approach, follow these tips:

* Use a privacy manager on your telephone service to screen creditor calls so that you only speak to creditors when you’re ready.

* Make sure you have a solid game plan for building up money to settle with, and set the funds aside in a separate bank account.

* Do not send settlement funds until you have the deal in writing. No exceptions!

* After paying the settlement, follow up to obtain a zero balance letter from the creditor, so you don’t have bogus collection problems later on.

* Know your rights as a consumer by reading the free resource articles on debt, credit, and collections at the Federal Trade Commission website: www.ftc.gov

* Don’t be intimidated or pressured into accepting a settlement deal that you can’t handle.

Remember, thousands of people settle their own debts every year, without the need for lawyers or bankruptcy. You can do it too if you’re disciplined, determined, and prepared to ignore some of the crazy stuff that bill collectors say. When you’re finally debt-free, you’ll feel a lot better about having worked it out on your own. Good luck on your road to debt freedom!

Debt Money and Happiness

By Admin, 15 July, 2010, No Comment

Tips to help you get out of debt and stay out.

Fix the problem

If you are in debt, youve spent money more quickly than youve earned it!

In order to get out of debt or stay out, youve got to spend less than you earn (and apply the difference to savings & reducing debt).

You’ll need to reduce expenses or increase income, or a combination of both. Too often increases in income result in increased spending, so curb the spending first if possible.

Some have said: It doesnt matter how much you earn, but it does matter how much you spend.

Analyze your spending habits. What caused your debt? Do you need to fix a leaky wallet? Some people need to record on paper everything they spend for a month to find the leaks.

A pound a day for soda is 365 a year. The estimated long-term cost of a pack of cigarettes is ~40.

Scrutinize your needs and wants. Be willing to forego some of your wants, and postpone others in order to get out of debt. Only borrow for things which increase in value, not toys.

Seek to eliminate some of your expenses, especially recurring expenses. Many who are buried in debt have expensive cell phones, satellite TV, expensive phone options, internet service, storage units, and other monthly conveniences which prohibit them from reducing their debt burden.

There is nothing magic about getting out of debt. If an offer sounds too good to be true, it is! Many companies who claim to be able to help you, will worsen your finances if you let them.

If you are an impulsive buyer, hide your credit cards at home in a safe place.

Debt Elimination Through Financial Management

By Admin, 8 July, 2010, No Comment

Debt elimination needs a bit of financial management. Analyze your expenses and the debts that you have taken. This will help you in debt elimination. The debts can be classified as short-term loans, medium term and long-term loans. Short-term loans are loans, which must be repaid within a year. Medium term loans are those, which have to be repaid within 1 to 10 years, and long-term loans are the loans, which are longer than 10 years. Even the payment that is unpaid on the credit cards qualify for the debts that you have. Many people have the tendency to pay only the least amount. The remaining portion is then charged a rate f interest, which is on a compounding basis. Thus credit card dues should be paid in full

It’s difficult to eliminate long-term loans; it’s certainly possible to eliminate short-term loans. Stop buying and spending on credit in short term. This will lead to short term debt elimination. For example don’t buy groceries on the credit card. This will automatically lead problems, this advice will be useful for you. Use cash to buy and use coupons for getting a few pounds off on various products. Thus there will be less credit card bill at the end of the month. Use a credit card only when you must.

It’s a great policy to save and then spend. If it makes you a miser, so be it, at least you won’t go bankrupt paying your debts. This is also one of the ways of debt elimination. By not having debt in the first place, you are doing yourself a favor. Therefore make it a point to do debt elimination whether you are home or office, only in this way can you rid yourself of debt. “Only when I have cash will I spend” should be your motto for all the transactions in your personal as well as professional life to the maximum extent possible.

Debt Elimination Scams — A Growing Problem for Consumers

By Admin, 1 July, 2010, No Comment

Consumers seeking debt assistance are faced with a bewildering assortment of debt companies, services, programs, books, ebooks, and websites. How to tell the scams from the legitimate options? The purpose of this article is to help consumers easily spot and steer clear of one particular scam that is growing through network or multi-level marketing schemes. It goes under different names, such as debt elimination, debt termination, or debt reduction. Such names can certainly apply to legitimate programs as well, and the scammers purposely name their bogus programs with the intention of deceiving consumers and stealing them away from legitimate companies. For the purpose of this article, I’ll refer to it as the debt elimination scam, but be aware that it may be called something different.

So how can you tell this scam from legitimate debt elimination techniques? It’s pretty easy, actually. The scam is based on the bogus “no money lent” argument, where the claim is made that credit card banks cannot loan money legally. Through strange leaps of logic, the scammers claim that credit card banks are actually operating illegally, and so you never really borrowed any money when you used your credit cards! Therefore, you don’t really need to pay anything back. You just have to follow their system and the debts will go away because the banks don’t want this knowledge disclosed to the public!

I realize this may sound ridiculous at first glance, but the con artists are very convincing, and there are dozens of websites promoting this dangerous scam. They refer to publications by the Federal Reserve Board, the Uniform Commercial Code, the Truth in Lending Act, and other public laws to bolster their claims and give an aura of legitimacy to their “program.” I’ve talked with numerous consumers who have been conned out of 2,500, 5,000, even up to 15,000 because they believed the hype that these snake-oil salesmen were peddling. If you’re 30,000, 50,000, or 100,000 deep in credit card debt, it can be very tempting to believe in a magic pill. What if you could pay someone 15% of the debt and make the rest of the debt disappear?

As tempting as the promoters make it sound, the debt elimination techniques they are using simply do not work. About the only thing they accomplish is getting you sued by your creditors. As you might expect, creditors hate this scam, and they come down hard on people trying to use this bogus “no money lent” system. You don’t need to take my word for this. Check out the complaints on ripoffreport.com about Liberty Resources, a debt elimination scam that was shut down in Ohio. Or do some research on New Leaf Associates out of Florida, a scam that was shut down by the Florida Attorney General after consumers were ripped off for millions of pounds. I’ve personally talked to people who were caught up in both of these scams, as well as others who were involved in scams that have not yet been shut down.

I also sometimes receive calls or emails from people promoting this system. Because I am easy to reach and I’m a well-known debt expert, they seem compelled to convince me of the worth and merit of their system. Often, the people contacting me are ignorant of the nature of the scam. That’s because this program is frequently sold through MLM or network marketing systems, and a lot of the people involved simply don’t know any better. I respond by making a simple request, and any “true believers” in this system who happen to read this article can take this as a challenge. All I ask is for a single verifiable court case where a judge agreed with the “no money lent” argument and ruled in favor of the debtor. It’s really that simple. After asking this question for several years, I’m still waiting. No such case exists, despite false claims to the contrary. The response is usually that the company must protect the clients’ privacy, but they have “hundreds of success stories” and have dismissed “millions of pounds” of debt.

Nonsense! The only way this system could possibly work is if a judge ruled on it in court. And since court cases are public record by definition, privacy cannot be an issue here. The “client” gave up any right to privacy when he or she tried to convince a judge that the 50 grand they owed on their credit cards was really just “funny money.” And yet the con artists cannot provide a single solitary case in support of their outrageous claims. (Note to scammers: Don’t waste my time emailing me with your threats or your legal mumbo-jumbo. I’ve heard it all before. Just send me the civil docket number for a single case where your “client” won in court using this system, and identify the court venue so I can look up the case myself online. Simple enough, right? I won’t hold my breath though.) In fact, the “no money lent” argument has been shot down in court on multiple occasions. When confronted with this embarrassing fact, the scammers simply reply that the courts are part of a “conspiracy” to keep this information from the public!

The absence of any verifiable documentation is the red flag that tells you this scheme simply doesn’t work. But let me take this a step farther. Let’s set aside for a moment the whole question of the legal basis for the “no money lent” argument. Let’s take a huge silly leap for a moment and say that the system is valid from a legal perspective. Well, it’s STILL not going to work for the average consumer! Why? Two reasons. First, it requires a fight in court, and the average consumer wants to go to court over debt-related matters about as much as they want to have multiple root-canals without anesthetic.

Second, nothing gets resolved this way. I’ve worked with thousands of people struggling with serious debt problems. I talk to people in this situation every day. I can’t think of a single instance where the person’s priority was anything other than to GET THE MATTER RESOLVED PERMANENTLY. The techniques used by the debt elimination scammers do not achieve any resolution at all. Even if the debtor successfully gets a creditor to back off from its collection effort, all that will happen is the creditor will sell the account to a debt purchasing company, who will then try to collect all over again. So the whole process will have to be repeated, over and over again as the debt gets sold multiple times down the line. There is no resolution here. Just a bag of useless tricks. Boil it all down and here is what the debt elimination scammers are telling you: Walk away from your debts, don’t pay, and duck and cover. That’s it. It’s a lot of hot air and bogus nonsense, and it only exists because debt-weary consumers are desperate for solutions.

If you have become the victim of a debt elimination scam, I urge you to take action. Demand a refund in writing. Complain to the Better Business Bureau where the company is located (assuming you can even find them), complain to your state Attorney General and the Federal Trade Commission. And then get on the phone with your creditors and explain that you were misled and that you would like to work things out in good faith. It may be necessary for you to formally retract any documentation that the scammers sent to your creditors. Consumers may also feel free to email the author for further advice or information on this subject.

Debt Elimination Program – Comparing Debt Programs

By Admin, 24 June, 2010, No Comment

Debt elimination programs help to reduce your debt and improve your financial situation. But not all programs offer the same benefits or risks. Depending on your situation, some programs will be better than others.

Debt Management Plans Programs To Handle Accounts

Debt management plans (DMP) handle your unsecured loans. You make one monthly payment to the company, and they handle the rest. A debt management company also works with creditors to lower your rates, helping you to pay off most accounts in five years. Creditors have predetermined rates, so all debt management companies will get you the same reduced rate on your accounts.

Not all loan rates can be lowered, for instance car and student loans. Your credit may also be frozen for a year or more. However, as you establish regular payments and a lower debt to income ratio, you will soon qualify with conventional lenders.

Debt Negotiation Programs To Reduce Debt

Debt negotiation programs reduce part of your debt. Most companies boast that for a fee, they can reduce accounts from 10% to 50%. With a lower principal balance, your monthly payments will be lower, allowing you to pay off the rest of your account.

A reduction of your loan balances will have a long term affect on your credit history. While you may qualify for subprime lending, most conventional lenders wont handle your application for at least two years. Reduced debt also has to be reported as income for tax purposes.

Credit Counseling Programs To Develop A Plan

Credit counseling programs create a personalized financial plan. A certified counselor discusses your situation in a private meeting, either in person or over the phone. They may suggest loan consolidation, DMP, or debt negotiation. They can also help you plan for your future goals, such as purchasing a home or retiring.

When you are comparing programs, be sure to compare the affect on your credit score, not just fees and tempting lower payments. The slower approach of a DMP can save you thousands in interest costs on future loans. However, there are cases when debt negotiation is the better option, especially to avoid bankruptcy.

Debt Elimination Is Very Important

By Admin, 17 June, 2010, No Comment

Debt elimination is very important and thus it should be eliminated very fast. If debt isn’t eliminated fast, then it can become a big burden. Debt doesn’t allow any savings or investments for the future. Debt happens when there is a gap between the income and the expenditure. Many a times, people also take debt for trivial things which amount to only 50 or %100. However the cumulative effect of such small loans can be quite disastrous. All debts have an interest factor too. Thus not only does the capital have to be paid back, but even the interest has to be paid back.

Its important that you take note of all the debts that you have. Debts can be for short term, medium term or long term. Calculate the value of the debts. Start by paying of the smallest debt as well as the debt which has the shortest tenure, in this way you there is faster elimination of debt and one can breathe more easily. Pay off the credit card loans as well as small payday loans. For long term loans, try to make bigger down payments. This will reduce the interest factor on the remainder of the loans.

As the interest rates go either north or south, the rates can also be negotiated with the lenders in your favor. In case, the interest rates come down, then they may revise the interest rates, this means that there is less outflow of the funds. In case the interest rates are increased, then the tenure may be increased of the debt. Its essential that you pay the interest timely else there will be no relief unless there is elimination of debt. if not, your credit report will not become positive. If you have a persistent negative credit report, then it will not be possible for you to take debts in the future, as lenders will be wary of lending to you.

Debt Elimination For A Better Financial Tomorrow

By Admin, 10 June, 2010, No Comment

Debt elimination is an important step for securing a better financial tomorrow. Its important for securing your financial future – if there is no debt elimination, then there is no capital to build upon. With debts mounting, one can’t save or invest for the future. Therefore when you really require money for the future, there is none for you. Money depreciates in value as inflation continues to rise. Therefore the same amount of money will not buy the same amount of goods and services in the future.

Securing the future of the children – if you have family obligations, whether they are children or your parents, you would want to give them a secure future. This means paying for your children’s education, medical bills etc. In these situations, you would want fastest progress. After there is elimination of debt you can secure a future for your loved ones. Having a good credit rating – if there is no debt elimination, then you will have an adverse credit rating. This means that it will become difficult for you to apply for more loans and debts.

Banks and other lenders will be wary of lending to you. Even if the lenders give you loans, there will be a high collateral value or high interest rates. Thus you will be stuck in a debt trap. Where you will be borrowing just to repay the old debt. This is known as a debt trap, therefore its very essential that debt is eliminated, thus debt elimination gives you leeway to plan for your future. Debt elimination should be done continuously and with a conscious effort. Therefore don’t take small debts as they add up to big debts. Try to make expenditures out of the available cash in hand, this means that you are not living on credit. Thus one should strive for debt elimination at the earliest.

Debt Elimination – 3 Ways To Eliminate And Reduce Credit

By Admin, 3 June, 2010, No Comment

Debt Elimination – 3 Ways To Eliminate And Reduce Credit Card Debt

When you are in over your head with credit card debt, relief can seem miles away. Sometimes it seems like you are working as hard as you can to make the minimum payments or even to just barely cover the interest on your balances.If you want to get out of the cycle of credit card debt follow these 3 easy steps and you will be on your way to financial freedom.

1.Switch to a lower rate card.

If you can switch your balance from a higher rate card to a lower rate card, you can save quite a bit of money. Even a card with a 5% lower interest rate will make a difference on the amount you owe on your monthly credit card statement. Take the money you save and apply it to the balance to reduce your debt even faster.

2.Pay on the principle.

It is very easy to fall into the trap of just paying the minimum payment on your credit card statement, but if you make a practice of this, you will never get out of debt. The only way to eliminate credit card debt is to plunge in and pay it off. The more you pay on the principle the less you will be paying in interest, and you will start to see a difference in the amount of money you are being billed each month.

3.Dont add to your debt.

Make it a rule that the credit cards are only used for special or emergency purchases. Stop buying things like groceries or clothes using your credit card. Chances are if you are going to put an item on the card, you will often end up buying things you hadnt planned to buy. These impulse buys may be convenient, but they add up, and you will be paying for them long after their usefulness is gone.

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.