Financial Planning

Even if you are watchful of your budget, things do happen. Particularly tragic to a household budget is a large, sudden debt, or the loss of income which may hinder your ability to repay.

Debt negotiators may be able to help you come to equitable settlements for your debts.

Professional debt negotiators can work with your creditors to explain the situation and to negotiate on your behalf. Even if your creditors refuse to offer a repayment plan that suits you, don’t jump to the ‘bankruptcy’ mind set. Recent federal laws now require credit counseling before proceeding into bankruptcy. But there are also federal laws to help protect you from unscrupulous collection agencies.

The primary reason creditors may accept a settlement is because it is cost effective for the creditor. The degree of the discount (how much they will forgive) will vary case-by-case; therefore, a creditor will take into account many factors when determining their bottom line on accepting a settlement.

They calculate the probability of recouping the debt; either by a collection agency or via legal action, versus the amount of a settlement offer.

Before they agree to any settlement, they will often consider your income, state of residence, age of the debt, type of debt, and your assets.

Professional negotiators will appeal to your creditors that it is in their best interest to settle the debt.

Major difference between Debt Management and Debt Settlement

Debt Management

In a debt consolidation program, also known as a Debt Management Plan (DMP), the debtor pays back 100% of their debt plus interest. Interest is commonly reduced to the 8% to 10% range. Additionally, most Debt Management Companies have a monthly service fee tacked on to the monthly payment. Most people pay back about 130% of their debt over 5 to 6 year period. Debt Management has a moderate affect on a good credit file and will improve most poor credit files. But, a Certified Debt Arbitrator is qualified to explain both programs to you and will be able to provide you the differences in monthly payments as well as the pros and cons of each program.

Debt Settlement

In a Debt Settlement program, most clients pay back an average of 54% of their total debt, including all agency fees as well as accruing fees and interest. This 54% figure is based on the client’s starting balances.

Debt Settlement has a major impact on good credit but will improve credit for people that are 6 months or more past due. This improvement in credit profile is caused by bringing outstanding balances down to a ZERO balance.

Is debt settlement right for you?

Some consumers get so deep into debt, that bankruptcy seems their only way out before debt takes over their lives. Unlike bankruptcy, debt settlement is a far simpler process in comparison, and has less of a ‘stigma’ attached to it.

Many credit counseling groups claim they are in it just to help you and not make a profit as indicated by their charitable organization status. The IRS is not happy.

IRS Crushes Credit Counseling Groups Claiming Non-Profit Status

For the last five years, the IRS has been taking a much closer look at businesses claiming to be non-profit organizations. Given the reduction of tax loopholes over the years, the agency has taken note of the fact that many high-end tax strategies now involve some kind of charitable organization. In performing the analysis, the IRS has found no worse a collection of abusive businesses than the credit counseling industry.

Beginning in 2004, the IRS audited 63 credit counseling groups claiming non-profit status. These “charitable organizations” receive over fifty percent of all the revenues in the credit counseling industry, to wit, we are talking a major audit initiative. Well, guess what the IRS found?

To date, the IRS has completed 41 of the audits. Of these 41 audits, every single credit counseling business has had their non-profit status revoked, proposed for revocation or outright termination. Yes, every single entity has bitten the dust! Can anyone think of a bigger scam?

In crushing these bad apples, the IRS found a couple of amazing things. The primary reason for revocation was the groups provided insufficient public benefit. They offered little or no counseling or education to individuals. Instead, they were primarily motivated by profit according to the IRS. To top things off, the IRS found most of the businesses had “unique” dealings with for profit companies that just happened to be owned by the same interested parties. Imagine that! Shocking, I tell you.

It must be admitted that these rotten apples only represent roughly forty to fifty percent of the credit counseling industry. The rest of the industry that has not been audited might be entirely legitimate. The IRS does not seem to think so. In fact, it has sent out audit notices to every single company that has not yet been audited. I suspect the blood bath is just going to get worse.

In truth, not all credit counseling agencies are dubiously claiming non-profit status. The IRS, in fact, has noted it approved a whopping three applications for non-profit status out of 100 since 2003! Unfortunately, the IRS hasn’t indicated the identity of the three.

Debt management companies have become unavoidable agencies for debtors who find it difficult to repay their loan amount. The increase in the number of these companies is a result of the increase in the number of bad debt situations. Reading the reviews of debt management companies on various websites will be a great help to those who wish to know more about such companies. By analyzing reports and the reviews about these companies, one can make an intelligent choice.

The duty of debt management companies is to primarily help individuals in their finances, and then provide debt reduction services by reviewing the debt and determining the negotiations. By making very minute changes you can avoid filing and repay the debts on your own. Many debt management companies even offer a free consultation for credit counseling.

Reviews of debt management companies may be obtained from the vendor?s websites. Anyone can read these reviews to learn more about the company as well as their method in handling debt related cases. The reviews contain the experiences of clients, the pros and cons of the company, the way they treat people, the extent of their use and a summary of their programs. Some companies will have a page on their website dedicated to comments from clients.

Detailed reviews of debt management companies will help to select the best among them. The reviews conclude that the guidance of debt management companies has significantly reduced consumer complaints. There is strong evidence that professional supervision in the debt management sector successfully reduces consumer detriment. The reviews also provide a list of smaller debt management companies.

In general, one must go through reviews of debt management companies before dealing with any one company. Anyone who is well informed in this area will always be one step ahead of an ordinary person.

When indebted consumers find themselves in the thick of debt they’re undoubtedly left to feel lost and a bit desperate through the process. And what they’re wanting is some form of relief. Ideally they’re in need of a golden opportunity to present itself and fix up their dismal monetary situations – and who can blame them. At least they’re in a mental position where they desire resolution and financial-easing. Yet, at the same time, a good portion of these lost individuals find themselves continually waiting for such a financial grace to appear out of thin air, to plop on their lap and obliterate their debt statuses once and for all.

Yet, realistically, they know alleviation won’t come miraculously out of nowhere. Even with this real fact taken into account, most of these indebted persons still falter and begin to dwell as well as feel outwardly hopeless. As such, they do nothing rather than embrace optimism and take proactive measures to fix themselves up. But, this needs to change. These individuals need to know that there is hope (as well as help), that it’s just a matter of realizing it’s actually there and pursuing it’s ameliorative opportunity.

Financial Hope For Indebted Worriers Through Credit Counseling

Realize that a financial helping hand is indeed there for those who are lost and in need of direction in their financial lives. Specifically, such an extended helping hand comes directly from those who are known as credit counselors. These individuals work for credit counseling companies, and there are many of them. And with the opportunity and availability of many a credit counseling company the dismal situation you’re used to can easily be turned into a promising and hopeful one. It’s just a matter of pursuing them for help.

Who Exactly Needs A Credit Counseling Company?

Clearly, those who are stuck in a rut or lack a clear financial path are in need of a credit counseling company. And the truth is, sadly enough, that most individuals out there need some form of financial advising, and in great quantities no less. But, why is this? It’s simply so due to how Americans’ overall debt weight is currently weighing in in record numbers, literally tipping the scales. Needless-to-say, we’re overly fat with debt, and as such, many individuals are being led to seek some form of assistance as to lessen their loads and keep the weight off with permanence in mind.

Credit Counseling Company Duties

Now, to lose and permanently keep off debt weight, a few things must be done and carried out properly on the end of credit counselors and their companies. Usually, what counseling services do for their clients is prepare them for financial stability. This is done through a few steps. A credit counseling company will typically negotiate lower payments with the involved credit card companies and other lenders. Once this is achieved, payments are scheduled and made either using a check or electronic funds transfer which is sent to them by the consumer (being you) per month. And thus, the counseling services are being paid for and the process to losing debt weight begins -and keeping it off- begins.

Everyone’s debt situation is unique and determining what will work best for you begins with categorizing your debt. Whether your debt is secured or unsecured significantly effects the measures you can take to eliminate debt.

Secured debt is a loan which is “secured” by property. Simply put, if the bank can come and take something from you if you don’t pay (ie; home, car) then the debt is secured.

Unsecured debt is the most common type of debt and is typically in the form of credit card debt.

Eliminating Unsecured Debt

The three most common ways to eliminate unsecured debt are

1. paying as agreed

2. bankruptcy

3. reaching a settlement with the creditor for less than the balance due – also known as debt settlement or debt negotiation

Bankruptcy is rarely a viable option. Due to the changes to the Bankruptcy Law in 2004 by the Bush administration, estimates are that less than 10% of people who file for bankruptcy are successfully discharging any debt. Most have to pay it back now under Chapter 13.

Credit Counseling and Debt Consolidation services typically focus on eliminating your debt by settling with your creditor for less than the balance due. These services are typically owned by large banks and credit companies and typically charge a fee. The good news is, this is something you can do on your own.

Settle For Less than the Balance Due

The key to a successful settlement is leverage. If a bank thinks they can get more out of you, they will not settle. This means that you may have to go months without making any payments. This will reflect poorly on your credit report and affect your credit score, but it is a necessary to obtain a good settlement.

During the time you are not making payments to the credit card company they will constantly attempt to contact you to discuss it. This is best dealt with from the very beginning by sending them a letter requesting that they only contact you in writing. Also, it is very important that you familiarize yourself with your rights under the Fair Debt Collections Practices Act and the Fair Credit Reporting Act. Collections representatives often behave in unscrupulous ways and knowing your rights is your key to fighting back.

Once you have sufficient leverage against the company it is time to attempt a settlement. A realistic goal would be to settle the debt for between 35%-50% of the balance. Contact the bank or credit card company directly and they will likely transfer you to their collections department. Once in touch with the collections representative simply let them know you wish to resolve the debt. Typically, they will make you an offer to settle for 65%-80% of the balance before you ever make an offer to pay. Let them know what you do have; an initial offer of 15%-25% of the balance is reasonable. They may tell you no or tell you that they have to speak with their manager but continue the negotiation as necessary to settle within the range that you desire.

Some credit companies are more apt to settle than others. For instance, American Express can be a very difficult company to settle with for less than 60%. Search the internet for information on your particular bank or credit card company to see how others have fared.