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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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