More About Debt Settlement

By Dana on June 19, 2009

We continue to get questions about Debt Settlement as people look for ways to save money during this economic turmoil.  We have written two articles in the past month with information on doing your own debt negotiation with your creditors.  The first one included links to the information our clients have used to save thousands of dollars by doing their own debt settlement.  The second one provided additional info on taxes and credit rebuilding after the process.

Now, there is an update from one of the sites we linked to, the Credit Info Center

Dated June 16, 2009, it says:
“With the current economy, more and more credit card companies are willing to take 35%-50% of the balance as payment in full. I’ve had some people tell me the credit card companies have called THEM with offers below 50%. If you don’t have lump sum cash, some lenders are willing to spread out the payments over several months. Just don’t look for a payment spread out over more than 6 months. All the more reason NOT to hire a debt settlement company.”

Our research also found a Chase spokesperson quoted as saying Chase will negotiate with some debt-settlement companies at a cardholder’s request, but will not offer more favorable terms than the customer would receive by negotiating directly with the bank.

The New York Times also had an article this week about major credit card companies that are accepting half of the account balance to settle the credit card debt.   Some of them are even contacting consumers with offers.

So it makes sense, and money savings, to do it yourself.

TIPS TO DO YOUR OWN DEBT NEGOTIATION

  • Be prepared.  Gather your documents, look at the exact amounts you owe on each account, figure out how much you can afford to pay to settle the account while maintaining your necessary expenses such as food, shelter, utilities.  This amount should be reasonable – typically 40-60% of the total debt; ridiculously low offers are usually rejected immediately.   Have your reasons for the financial distress or hardship you are experiencing written down. 
  • Call the credit card company only when you are ready to pay them.  Be prepared to go through several representatives before you get to the department and the representative who can actually make this happen.
  • You will be negotiating with a person. If you remain friendly and professional, they will, too. Explain your situation in personal terms without becoming emotional. Listen to their objections and answer them clearly and honestly. Your objective is to convince them to see your point of view and their job is to get you to pay more.   Negotiation is a process where you will make an offer and state your reasons supporting this offer.  You can expect them to make a counter-offer and counter-arguments. 
  • Stay calm, be clear, and use a strong, convincing tone of voice. Explain your situation and circumstances in unemotional terms. Keep in mind that these companies are not required to negotiate with you, so getting angry, yelling or crying is not likely to convince them to help you.  If they realize that bankruptcy may be your next option, they are often more willing to listen and negotiate, however, they won’t make it easy.
  • Be persistent and do not give up easily. If they deny your request, explain to them why settling would be beneficial for them. Remember, their priority is their financial bottom line so you must convince them that your offer is in their best interest.  Do NOT agree to anything else with them if your request is still denied; stick to your original plan and offer.  Keep detailed notes of the conversation.
  • When you do reach an agreement, you want it in writing.  If they cannot or will not fax or email confirmation to you, you can send one to them. The letter should be professional and clearly state the terms of the agreement along with your reasons for requesting it.  Include your check for the amount agreed upon and put “payment in full for account #____ per conversation with Mr./Ms.___ on (date) ____, 20___” in the memo area.   Send it by certified mail and keep copies of all your correspondence.
  • NOTE: You can also negotiate for your credit rating and the previous articles listed above have more information on that.  However, if settling your credit card accounts means saving money to be able to keep your home and support your family, don’t let the way it gets reported on your credit stop you from making a smart financial agreement with the credit card company.

    ABOUT DEBT SETTLEMENT COMPANIES
    Before you pay money to a company whose goal is to make money from your attempts to reduce your debts, do your research.  Make sure they are legitimate, check their standing with the Better Business Bureau, and get everything in writing before you pay them any money.

    The CBS Early Show recently spotlighted debt settlement companies and the increasing number of complaints about some of them.  Because so many people are looking for a way to get out of debt, there are more and more shady companies ready to take advantage of the situation. 

    Some red flags to watch and listen for when researching debt settlement or debt consolidation companies include:

    • They request your account numbers, social security number, and/or bank account numbers before you even sign up with them.
    • They quote unusually low monthly payments which often are higher once you actually sign up and they add in their fees.
    • They demand you include ALL of your debts in their program.
    • They charge high up-front fees, often thousands of dollars before doing anything for the consumer.
    • They offer other services, such as credit repair, to increase their fees.

    And the Federal Trade Commission cautions that many of the ads for debt relief are actually for bankruptcy.

    FINAL THOUGHTS
    Try to do it yourself first.  The thousands of dollars that you are not paying to an outside company can be applied toward reducing your debt.  It really can work, just decide to do it. 

    Be sure to send us your success stories and let us know about any challenges you found in your negotiations.

    NOTE: This information is intended for educational purposes only and should not be taken as legal or financial advice.  Contact your lawyer and CPA or financial advisor for information specific to your situation.

    3 Responses to “More About Debt Settlement”

    1. Debt advice can be inflexible to come by if you are looking for a sincere attitude from a trained expert. Debt consolidation expert have gotten a bad rap over the shady dealings that were first revealed with the onset of debt consolidation many years back, however, there are many admirable debt consolidation companies out there offering debt consolidation loans that can be distinction between a victorious financial outlook and absolute financial damage.

    2. Susie says:

      All debt settlement companies that are members of The Association of Settlement Companies (TASC), which is the industry’s regulator—have negotiated and continue to negotiate with the major credit card companies and financial institutions. While your creditor may publicly deny working with third-party debt settlement companies, a TASC member is regulated and audited, and must provide an accurate assessment of its ability to negotiate with your specific creditors.

      For more information, check out: http://www.tascsite.org

    3. LeraJenkins says:

      This excellent idea is necessary just by the way

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