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