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How debt negotiators
can crush your credit By Lucy
Lazarony Bankrate.com
Stressed out and looking for relief from
high credit card bills?
Beware of companies that promise to cut your bills
in half by negotiating lower payoff amounts from creditors.
Sign on with a debt negotiator or debt-settlement
company and your credit rating and your wallet could take some serious
hits. If high fees and trashed credit aren't bad enough, you may
also owe taxes on any debt that gets wiped away.
It's easy to wind up in worse financial shape than
when you started.
"Be very, very careful. Because there can be
substantially more harm than good," says Paul Richard, executive
director of the Institute of Consumer Financial Education in San
Diego.
"It's the fees, the possible liability to the
IRS after you get this negotiated and they're not doing anything
for you that you can't do yourself.
"These slick debt negotiators, they smooth talk
people around all these issues. They're really taking advantage
of people."
Fees, fees, fees
Let's start by taking a closer look at the fees. Some debt negotiators
charge hefty upfront fees. Others charge fees based on the amount
of debt you owe or the number of credit accounts you have. Many
also charge fees based on the amount of debt a creditor agrees to
wipe away.
"There are all these hidden charges going on,"
says Daniel Benson, a senior consumer attorney at the Legal Aid
Society of San Diego.
Let's say a creditor agrees to settle for $4,000 of
the $5,000 you owe. You've saved $1,000, but a debt negotiator will
want a big cut, often 20 to 35 percent, for themselves. That's not
much of a deal, especially when you toss in the other fees that
you have to pay.
One of Benson's clients learned that lesson the hard
way. She's 82, single and had $2,128.81 of debt she wanted to settle
with the help of a debt negotiator. The company charged her an initial
application fee of $250 and an initial legal processing charge of
$1,345. That's $1,595 in fees right off the bat for help with just
over $2,100 in debt.
Talk about a lousy deal.
The hit to your credit rating
Sky-high fees are only part of the problem when you do business
with a debt negotiator. Your credit takes just as much of a hit
as your wallet.
Here's why. Often, a debt-negotiating company will
tell you to stop making payments to creditors and to send money
to them instead. The money gets placed in an account until the debt
negotiator decides to make an offer to a credit card company.
And that could take awhile, especially if you pay
a negotiator through monthly payments rather than forking over a
large sum upfront.
It could be several months before a debt negotiator
has collected enough money from you to make a settlement offer to
a creditor.
And after several months of not paying your creditors,
your credit will be trashed.
"They tell you to stop talking to creditors,
which is a bad idea," says Dianne Wilkman, president of Springboard,
a nonprofit, consumer credit management company in Riverside, Calif.
"Your creditor will charge off your account and
that will ruin your credit."
Creditors typically write off or charge off a debt
if there has been no payment on the account for more than 180 days
or six months. A charge off will remain on your credit report for
seven years plus 180 days from the date of the first nonpayment,
according to the Fair Credit Reporting Act.
"A charge off is the biggest negative red flag
on your credit report," Richard says. "It means a lender
lost money doing business with you."
So even if a debt negotiator is able to lower a credit
card balance as promised, you could be stuck with a dismal credit
record for more than seven years.
Here's another thing to worry about. If a creditor
refuses the settlement amount offered by a debt negotiator, you
could be sued.
Just ask Raquel Avila, of Millbrae, Calif. She signed
on with Debtco in August 2001 for help with $10,000 of debt spread
over five credit cards. The card debt was left over from her university
days.
"I was just making the minimums. I foresaw myself
paying this debt forever, paying the minimum. That's why I went
to them," says Avila, 28.
She paid Debtco a $1,000 upfront fee and agreed to
$250 monthly payments. Debtco would also take a 25 percent cut of
any forgiven debt.
She stopped paying her creditors and sent payments
to Debtco instead. She was told she would be debt-free in three
years.
Last July, one of her creditors sued her for nonpayment.
"I ended up getting summoned in July and I got
scared," Avila says.
"I was never told this could happen. They said
there are some creditors that want their money right away and that
I should talk to a lawyer."
She ended up settling the disputed debt in November.
"At the beginning I didn't feel it would hurt
my credit this much," Avila says. "I feel like it's hurting
me more now."
After 19 months with Debtco, she still owes several
thousand dollars on three credit cards.
"They're basically telling me I need to send
them more money," Avila says. "I don't really foresee
myself getting out of this, this year."
Steve Dahl, a senior vice president of sales and marketing
at Debtco, says only a small percentage of Debtco clients get sued
and most settle the suits out of court.
"Probably less than 9 percent of our consumers
ever get sued," Dahl says. "That's a reality. We put that
in our contract. We always let people know that's a possibility."
Getting angry calls from collection agencies is another
unpleasant reality associated with debt-negotiation programs.
"This is boot camp to avoid bankruptcy,"
Dahl says. "It's tough and it can be nasty."
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