Archive for the ‘Misc.’ category

Debt buyers prey on poor, debtors revolt!

October 14th, 2009

An interesting article caught my eye today, focused on the growing industry of ARM, accounts receivable management – the underbelly of the finance industry that buys debts in bulk from mainstream creditors.

The ARM industry has grown during a time when other businesses are folding all around us. The business of buying bad debt is a lucrative one that has massive growth potential. When debts are written off by mainstream creditors, debt buyers buy them up in bulk for pennies on the dollar. Those debts are then spit back into the pool of collection agencies, who for the most part, will hound a person to death for repayment.

Case in point was a debtor who lit himself on fire because of his woes with a Rent A Center and its collection efforts.  The frustration coupled with the highest unemployment rate we’ve ever seen, is causing debtors to literally lose their mind along with their money.

Debt collection firms have long been a major focus of the FTC for complaints filed per year, and the debt buying business is swelling those numbers. People who owe money, albeit perhaps legitimately, are being hounded nonstop by greedy debt buyers. Calls to jobs, relentless collection letters, judgments, can all prove too much for a person drowning in debt.

Once a debt has been taken out of the original creditors hands, the consumer finds themselves dealing with an entity that has no long term relationship with them, nor could they care less about your personal problems. Trying to stop the collection process by any means other than payment, is fruitless. It’s a pay or prey industry.

According to wsws.org, much of this business borders on illegality, employing a policy of deliberate harassment and abuse. As an industry, it has long garnered the most business practice complaints by the Federal Trade Commission (FTC), but the past few years have seen violations skyrocket. “We’re sitting on the largest volume of complaints for any single industry—at more than 100,000 a year,” said Peggy Twohig, associate director of the financial practices division at the FTC.

Debtors are finding it harder to hide, especially in a world of technology and social media. Unless you communicate with absolutely no one and hide in your house, you’re at risk of being found said credit expert Kristi Feathers.

“Collection agencies utilize the best tools and technology to locate debtors and that can include calling neighbors, relatives, digging through old application data, DMV and medical records, and now with sites like Facebook, Linkedin and Twitter, its even easier to pry online.”

Collection agencies and debt buyers aren’t the only ones hounding debtors. Big banks are raising rates in record numbers making it impossible for people to pay their debts back. Ultimately those same debts will end up being sold to the ARM industry.

Debtors have gotten so fed up with being hounded by collection agencies and spit on by big banks, that they’ve taken to the Internet to plead their cases of “rape and pillage” by financial giants.

Debtors Revolt started with one person telling Bank of America where to stick it via YouTube for raising her interest rate for no good reason, and has now become viral with over 440,000 views. Imagine over one million debtors gaining up on the underbelly of the finance world!

Seems this just may be the new medium for debtors to take their strength back in numbers.

Are you a credit abuser?

August 10th, 2009

Lots of people have bad credit. According to national stats, most of us have a blemish or two, but if your credit report is full of issues then you may need to look at the culprit; you.

credit cardsPeople who have true credit issues are victims, no doubt about it, and you should use every tool and tactic available to you to fix the issues, but if your credit is full of negative items, and I do mean full, then maybe a little reality check is in order.

Lots of people try to use the excuse of errors to remove legitimate items and often times it works, but what I tend to see is the clean up is short lived because the person repeats the same actions again.

If you’re going to be late on credit card payments, mortgage payments and even rent or utilities, you can expect that information to land on your credit reports each time. Some people pour hours of work into fixing their credit issues, only to mess it up again and again.

This isn’t what credit repair should be used for, and frankly it makes it harder for the rest of us who are trying to use the system to fix real mistakes. With so many credit reporting issues, the system is taxed and filled with people trying to right a wrong, but we’re up against repeat credit offenders who fill the system with disputes and complaints.

If you truly understand the value of your credit, you will do everything in your power to keep it looking perfect. I understand there are people who cannot avoid credit issues because of an illness or a job loss, but those who pay their bills late just because they’re lazy or don’t care really need to stop taxing the system just because they can.

I equate that kind of abuse to insurance fraud or workers comp fraud. Just because you can, doesn’t mean you should. If we’re all going to complain about the credit system and how flawed it is, then we as consumers need to be accountable as well.

I can say this firsthand because I have managed to keep my credit perfect for the last 20 years. I’ve been through job layoffs, illnesses, slow work times just like many of you, but outside of those circumstances, I pay my bills on time and I use my credit responsibly. I don’t buy new cars when I don’t need to, I don’t max out my credit cards, and if I get a medical bill, I pay it. You should too.

Taking responsibility of our credit will make a cleaner leaner credit system for the rest of us. Thats the heart of credit education– to educate and learn- to benefit you financially.

Financial responsibility starts with you.

J.K. Feathers, Credit expert, Contributor

Avoid Debt Settlement Pitfalls

May 30th, 2009

Bloomberg ran an interesting article today on how a consumer was taken by a debt settlement company that was supposed to be helping him.

The article reads;

Ulish Hopkins, a former bus- dispatcher from Chicago, turned to a debt-settlement company last year after piling up about $30,000 in credit-card bills. Seven months later, he owed close to $40,000.

debt settlement pitfallsHopkins says the company told him it could reduce his bills by about 50 percent through negotiations with lenders. He was told to stop paying creditors and to put monthly payments in an escrow account, which the firm used to cover its fees. Instead of reducing his bills, interest and late fees raised his indebtedness and damaged his credit score.

“They never told me that the money I was paying wasn’t going to my debt, it was going to them,” said Hopkins, 59, who quit work in January 2008 after a brain tumor led to surgery. He now receives $1,539 a month in disability checks. “You are better on your own.”

The article about what happened to this man isn’t uncommon. Many websites have popped up over the years promising debt relief via settlements.  What this man went through doesn’t have to happen and shouldn’t represent the debt settlement industry as a whole.

A reputable debt settlement firm can be very successful at reducing what you owe to your creditors. The key is to read the contract that you create with the company. If the contract doesn’t state the fees and disposition of your funds in a clear and concise manner, don’t sign it.

A good debt settlement company will work feverishly on settling your debts but they are hard to find, especially if you do an Internet search. What will pop up is thousands of websites promising to relieve your debt.

Before you pay a dime, be sure to check out the Better Business Bureau (BBB)  to see if the company has a good rating. Doing your homework will save you a lot of time and money.

Millions of consumers also opt to do their own debt settlement. This works by you doing the work yourself and thus avoiding any fees to a third party. This can be tricky if you don’t know what you’re doing but fortunately there are some great DIY debt settlement kits out there.

Been sued by a collection agency? Fight it

May 15th, 2009

Collection agencies are getting desperate these days. With the economy on the edge and people struggling to pay their necessities, more and more collection agencies are filing lawsuits at record numbers. Because of this, they are assuming that filing them in bulk will bring in the revenue quicker.

But because the collection agencies are filing record numbers of suits, there tends to be more errors in the services or the process of the service. If you’ve been sued by a collection agency don’t just take their word for it. Become your own best legal eagle and fight back.

The following page has the steps taken to enlist a proper service and this includes state by state rules. When a person is served by a lawsuit, certain guidelines must be followed and often they aren’t. This is where you come in by reviewing the steps taken to make sure you were correctly served. With an improper service you may be able to get the lawsuit dismissed.

Often times, collection agencies are banking on you not showing up at all, usually out of fear. When this happens the collection agency gets a default judgment. This term, default judgment means they had to do very little if anything to prove the case. You want to make them prove the case. Often if you do, you will find mistakes that can lead to a dismissal.

The routine collection of small debts forms a large portion of the cases brought to small claims courts, as well as evictions and other disputes between landlord and tenant. Small claims court is your forum, to debate or argue your case. In the event that you’ve had a case land in small claims, its in your interest to immediately handle it. This includes making sure you were properly served.

In addition to sloppy service, collection agencies also often file suit on old debts that may be past the statute of limitations to collect. If that is the case, you can ask that the lawsuit be dismised on those grounds. Pay close attention to all the details in the lawsuit filed on you and that includes the dollar amount, the age of the debt, the service performed, the history and so forth.

To find the process server laws for your state click here. Review the laws and requirements for any issues that may pertain to your case.

New FTC Web Site Helps Consumers Cope With Tough Economic Times

April 1st, 2009

Provides Advice on Debt, Employment, and Avoiding Scams.

The Federal Trade Commission, the nation’s consumer protection agency, has a new Web site at ftc.gov/MoneyMatters for people dealing with debt; struggling to find a job; or trying to create a budget, save, and spend wisely during these difficult times.

Money Matters offers short, practical tips, videos, and links to reliable resources for more information on topics like credit repair, debt collection, job-hunting and jobs scams, vehicle repossession, managing mortgage payments, and foreclosure rescue scams.

To learn more, go to www.ftc.gov/MoneyMatters

Money Matters: Tips from the Federal Trade Commission

FTC Charges Seven Credit Repair Companies with Deceiving Consumers

March 21st, 2009

When are credit fixers’ going to learn that you CANNOT guarantee to fix someones credit and you cant charge money up front for work you havnt performed yet? Is the reward really worth the risk?

We’ve been pushing DIY credit repair education since 1995 and can only hope we’ve helped thousands of consumers avoid these credit repair scams.

The Federal Trade Commission has charged seven related companies with violating federal law by falsely promising to remove negative information from consumers’ credit reports, even information that is accurate and current, and by charging an up-front fee and failing to provide written disclosures. The agency seeks to make them stop the violations and pay restitution to consumers.

According to the FTC, the defendants charge consumers up to $2,000, including $300 in advance, promising to improve credit scores by removing information such as late payments, charge-offs, collections, inquiries, delinquencies, judgments, and accounts discharged in bankruptcy. Their promotions include an ad on a third-party Web site stating, “100% Guarantee to raise your credit score!” Transcripts from telephone calls with consumers include statements such as, “I can’t tell you much because I’ll be giving you my trade secrets, but I can definitely guarantee that we’ll take care of anything that’s derogatory on her credit report. It’s all legal.”

In addition to facing deceptive marketing charges under the FTC Act, the defendants are charged with violating the Credit Repair Organizations Act by misrepresenting their services; charging in advance for credit repair services; and failing to provide consumers with written contracts and other materials that contain written disclosures required by law or deviating from the required wording for the disclosures.

The defendants are United Credit Adjusters Inc., doing business as United Credit Adjustors and UCA; United Credit Adjustors Inc., d/b/a United Credit Adjusters and UCA; United Counseling Association Inc., d/b/a UCA; Bankruptcy Masters Corp., National Bankruptcy Services Corp., Federal Debt Solutions Ltd., United Money Tree Inc., and Ahron E. Henoch, Ezra Rishty, and Gerald Serino, also known as Jerry Serino. The Commission vote to authorize staff to file the complaint was 4-0. The complaint was filed in the U.S. District Court for the District of New Jersey.

Recognizing a Credit Repair Scam
Everyday, companies target consumers who have poor credit histories with promises to clean up their credit report so they can get a car loan, a home mortgage, insurance, or even a job once they pay them a fee for the service. The truth is, these companies can’t deliver an improved credit report for you using the tactics they promote. It’s illegal: No one can remove accurate negative information from your credit report. So after you pay them hundreds or thousands of dollars in fees, you’re left with the same credit report and someone else has your money.

If you see a credit repair offer, here’s how to tell if the company behind it is up to no good:

The company wants you to pay for credit repair services before they provide any services. Under the Credit Repair Organizations Act, credit repair companies cannot require you to pay until they have completed the services they have promised.

The company doesn’t tell you your rights and what you can do for yourself for free.

The company recommends that you do not contact any of the three major national credit reporting companies directly.

The company tells you they can get rid of most or all the negative credit information in your credit report, even if that information is accurate and current.

The company suggests that you try to invent a “new” credit identity — and then, a new credit report — by applying for an Employer Identification Number to use instead of your Social Security number.

The company advises you to dispute all the information in your credit report, regardless of its accuracy or timeliness.

If you follow illegal advice and commit fraud, you may find yourself in legal hot water, too: It’s a federal crime to lie on a loan or credit application, to misrepresent your Social Security number, and to obtain an Employer Identification Number from the Internal Revenue Service under false pretenses. You could be charged and prosecuted for mail or wire fraud if you use the mail, telephone, or Internet to apply for credit and provide false information.

Learn how to help yourself

Reckless Spending | Spill your guilt online

November 20th, 2008

Do you waste money? We all do. We buy fast food, we spend money shopping online when we really should’nt and most of us are afraid if we track it, we’ll see the real truth. The truth however is, that you are hurting no one but yourself. You can easily rack up 500.00 or more a month with reckless spending and impulse shopping.

Want to start a plan to stop the madness? A site called Spendster can help you do just that. You can track spending and tell your story or read other peoples stories. Go ahead, feel good about yourself by reading how much worse other people are spending. You may just come away with some tips to help you curb your spending and expand your budget in a smarter way.


Add Spendster to your page

Spendster is created by the National Endowment for Financial Education. NEFE

According to NEFE;
As financial and credit markets constrict, a new social media website launches today that allows people to calculate the true cost of unnecessary purchases, often regretted in hindsight, while they share them via personal videos or photos.

Spendster.org, built by the National Endowment for Financial Education® (NEFE®), allows people to share their purchases they now regret while they rate and discuss those of others. The site also provides tools to calculate how costly items like unopened DVDs and spotless coffee makers really are and how much could have been saved if that money were put to more productive use.

Spendster is the brainchild of Ted Beck, president and CEO of NEFE. In addition to video and photo uploads, the site also provides a calculator that determines the actual cost of unnecessary and under-utilized purchases if paid for via credit card, how much these expenditures could have generated for retirement 40 years hence and even how much richer you’d be today if you’d put that same amount into Google stock in 2004.

The inspiration for Spendster came to Beck on a flight to Los Angeles. “Listen, everyone has a drawer full with junk. I doubt anyone has really sat down to think about how much money they’ve spent on it all,” said Beck. “For example, someone may find they spent the equivalent of four college tuition credits on shoes and handbags.”

NEFE hopes that Spendster.org will demonstrate to consumers the long-term financial effects of buyer’s remorse while beginning to educate consumers on their own personal financial needs and capabilities.

“The time is certainly right for consumers to rethink their spending,” Beck said. “This site is a fun, slightly tongue-in-cheek way to discuss what can be serious money.”

The National Endowment for Financial Education is a nonprofit, nonbiased organization wholly dedicated to improving the financial well-being of all Americans regardless of background or income level. NEFE aims to help Americans gain the knowledge and skills necessary to take control of their financial destiny.

Woman threatened with lien for one penny

November 18th, 2008

And you thought your debt collector was out of touch. Today there was a story where a woman was one penny short on her utility bill and the county threatened to put a lien on her house!

The county collector claimed that the letters are sent automatically and that it would be fiscally irresponsible for her to have her staff sort through the dunning letters.

Isn’t it fiscally irresponsible to send a bill with a 42 cent stamp for a penny debt?

Just asking….

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