Posts Tagged ‘banks’

Collecting from the dead – Know your rights

March 9th, 2009

With the country stressed out from this looming credit crisis it seems the collection industry has found a new object of their affection. Dead people.

Most of us still among the living are having a tough time paying our bills and collection agencies know it. They are having to work harder than ever to get a penny from a debtor.

While most of us cant even pay our necessities, we no doubt will ignore accounts that have gone into collections. The money simply isn’t there but the collectors think that we’re likely to pay a dead relatives bills because of guilt and what we feel is a moral obligation to honor the deceased’ debts.

Trouble is, on average, you are not liable for these debts and don’t have to pay them but you wont hear that from the collection agencies unless you ask. The collectors are banking on your feeling of moral obligation not to have the deceased look like a deadbeat, no pun intended.

Laws vary from state to state but generally if there is no estate to pay the debts then it’s not a relatives responsibility to do so. If a spouse has died however and you had joint debts, you may need to pay up, but getting the facts is a must before you fork over a penny.

According to the New York Times, collectors are zeroing in on the rest of us for these deceased debts and you will not be told up front that you don’t have to pay it unless you ask. Many of the agencies are even training their collectors to be the soft gentle support system on the other end of the phone but don’t be fooled. They are playing a part to get your money.

Before you pay a dime or even indulge in communication with the collection agencies make sure first that you have a legal obligation to the debt. Don’t pay it because you feel like its the right thing to do. Trust me, dead people could care less if Sears gets paid.

Simply pay attention to who the debt was for. If you didn’t cosign or are the spouse then chances are it isn’t your problem. If there is an estate then let the collector do his job by filing claims to be paid. Don’t give them any of your money.

The most important thing is to not feel guilty. The collector will work you because they know good honest people want to do the right thing. Usually the only time I would consider paying a debt that isn’t mine is if it were a family friend we owed money to or perhaps a family doctor who has really cared for your loved one. Anything else like Discover, Sears, – who cares. They’ve reamed us all enough as it is.

If the debt is secured and you want to hold onto the property, chances are you are already paying that bill if you want to keep the merchandise (car, boat, home etc).

Bankrupty, your credit score and the debt trap

October 29th, 2008

Personal Bankruptcies on the rise
Three years after the passing of new legislation aimed at reducing personal bankruptcies, 2008 filings approach the one-million mark.

Credit crunch lowering consumer’s credit scores 
It’s a problem common to many Americans as today’s credit crunch is putting pressure on consumers like Ms. Page to pay off or make a significant dent in their debt. To accomplish that, credit counselors say, consumers need a plan.

The Debt Trap: How Banks Push Troubled Borrowers Deeper Into Debt
Big Finance’s pursuit of struggling American consumers is one of the overlooked causes of the debt boom and the resulting crisis.

Don’t let yourself be taken by shady credit repair offers

October 25th, 2008

This economy is causing consumers with credit issues to become more desperate and seek out quick fixes to their credit problems rather than do the real work needed to clean up credit issues. We’ve been educating consumers on line since 1995 about do it yourself credit repair, and more than ever, consumers should be very careful when choosing a credit repair company to help clean up their credit.

Credit repair agencies are legal but they must follow certain laws to make sure they comply.  A credit repair company who is promising all sorts of major changes to your credit reports should be avoided. A credit repair company has to follow the Credit Repair Organizations Act (CROA) and they cant charge you in advance for work they have yet to do, nor can they make exaggerated claims of guaranteed removals.

This week we told you about the latest crackdown by the FTC against these shady offers and according to the L.A Times, a credit repair company based in Woodland Hills California has been targeted by the FTC for violating such laws.  Success Credit Services was accused in an FTC civil suit of violating the Credit Repair Organizations Act by contending that it could quickly clean up credit reports by removing legitimate negative items, such as late payments, bankruptcies and tax liens.

You’d think by now, with all the crackdowns across the nation by the FTC, that credit repair companies would get a clue that they cannot get away with taking our money and doing nothing. They are sitting ducks for groups like the FTC and the Attorneys General. It’s a risk these companies should not be taking.

There’s a reason we decided in 1995 to bring credit education online to consumers nationwide. People were desperate for information about how to clean up their credit reports and not get ripped off in the process. By educating you to do the work yourself, you are going to not only save money but you’ll be sure to stay in control of exactly what is being done along the way. A shady credit repair company CAN make your credit worse.

We’ve never wanted to go into the business of fixing your credit for you and there’s a simple reason for that. We feel it’s very possible to do the work yourself by simply following some key educational steps. It’s that simple. Learn to understand the credit industry and how it works and you can take on the task of credit issues yourself. With what you learn, you could see dramatic improvements in your credit reports and spend next to nothing to do it.

Sure, there are some people that just do not want to undertake the task themselves, and they have the right to hire someone to do it for them, but just realize you are hiring someone to do pretty basic tasks like letter writing and debt negotiating.  What you are paying for is a service to simply do “the steps” you don’t want to bother with. That’s fine. You are paying a “service fee”. Just make sure the company is reputable and I’d recommend checking their record with the BBB (Better Business Bureau), completely reading their terms before you sign anything, and most importantly research them online. You can uncover a lot by reading what past customers have to say about them.

You don’t have to fall victim to these credit correction scams. Choose wisely just as you would choose a bank, mechanic, or mortgage broker. If the service is offering all sorts of exaggerated promises then it’s a pretty sure bet that you are going to get taken. These types of so called “businesses” are just waiting for the desperate buyer.

There is no reason that all rational should fly out the window when choosing a credit repair company. Many of these crackdowns could be avoided all together if consumers would use great caution when dealing with credit repair companies and do their homework. Common sense should prevail and if it doesn’t feel quite right then trust your instinct.

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Is this financial crisis partly our fault

October 12th, 2008

Everywhere you turn you see the news talking of a plunging stock market, business bail outs and record number foreclosures.

Initially my thoughts are “What has this financial system done to us?” but on second thought, are we not intelligent enough as a society to have avoided financial collapse?

Just because a greedy bank tells you that you qualify for a mortgage ,did we not have enough sense of our own to know it was outside our budget? Did we consider the monthly payment for 30 years and factor in a slow economy or job loss?

These are the questions that one cant help but ask as it proves even more, now than ever- that we as a society are so undereducated in finances.  Financial literacy should be at the top of the governments list of things to do yesterday. If you cannot teach a person to be responsible with their finances then you should expect disaster.

Remember the term “Buyer beware? “That should not only go to avoiding scams, but the buyer also need be- aware. Aware of your finances, your family structure, your ability to manage your debt, retirement, your credit reports. Consumers often close their eyes and hope for the best and the result can be disastrous.

While it is the american dream to own a home, unfortunately, not everyone is capable of doing so. There is a huge responsibility that comes with homeownership that goes far beyond the application approval. We as consumers should have known better. We should have seen this collapse coming because of the sheer volume of sub prime loans that were being handed out to literally every Tom, Dick, and Harry. Default was inevitable. Couple that with an unstable economy and disaster was at our doorstep.

Now was must reap was we sow and work our way through this financial collapse. I have no doubt in the spirit of Americans and we will survive- but maybe this time around we will take responsibility for our own finances and not leave it in the hands of Wall Street and greedy lenders.

We need to take responsibility for our own future. Manage our jobs, our retirement, our credit reports, our debt. We cannot expect the government to take 100% of the blame in this financial mess. If it had turned out good, would we blame them then? If your home’s equity were up 10% would you be shaking your fist at the greedy bankers?

Did big brother charge up your credit cards and remodel your home for you? Did big brother tell you to buy two gas guzzling SUVs and eat out all the time? We all know there is a lot of blame to go around. No one got into this alone. People were in a feeding frenzy with easy loans and easy credit.

We helped  to get ourself into this mess and now we must help to get out. We cannot sit back and wait for handouts or for the market to fix itself. We need to start fresh and take inventory of our financial fitness and begin anew. Sure, we’ll see challenges all along the way but a slow and steady focus on the problem will win in the end.

How this credit crisis will affect you

September 21st, 2008

I’m a credit expert by trade, so needless to say, I have pretty good credit. I’ve worked hard to build great credit and maintain it. No matter what happens with my finances, I’ve always made my credit a priority.

If someone told you, what you did today was going to affect you for the next seven years, would you think twice before doing it? I know I would but many people just don’t think of their credit in this way. They think about “now” and not “later”. Well, later is here!

With the recent credit crisis in the country, even those with really good credit are going to feel the pinch. Banks are tightening up their purse strings and for good reason. Major financial institutions are collapsing all around us. NINJA loans have ruined our economy and deregulation of big banks has collapsed the finance industry.

Just when we thought it had gotten as bad as it could with record breaking foreclosures, it got worse. Much worse. If you thought those feeling the pinch were people who got themselves into mortgage trouble and you were safe, think again.

People with good credit, even great credit are going to be affected by this downturn. Reports this week claim that getting even simple loans whether secured or unsecured is going to be much harder. Now, more than ever, you need to start thinking about the state of your credit. Even if you’ve always had pretty good credit, now you must shine.

This is especially true if you’ve got credit card debt. It wont be so easy to transfer balances to other lower rate credit cards to save some money. Lenders are going to proceed with great caution and that’s going to affect you personally.  Those with poor credit are really going to be in a bind. Even a simple payday loan wont be so simple. People are going to find there are few resources to turn to for their lending needs.

Now is the time to do an audit of your credit. Make sure you’re ready when the time comes to apply for a much needed loan, line of credit or refi.  The credit repair field is going to be booming! While the FTC gives us some great tips to fix our credit, unfortunately people don’t bother until they need credit. Now is the time to clean up your credit so it’s ready to roll when you need it.

Get your credit reports, grab a cup of coffee and start that audit. Look over all three credit reports and highlight any problems you see. Make a plan to send investigation letters to these questionable items and by all means, don’t apply for needless loans. Those hard inquiry’s will only lower your credit score further. Wait until you are in a good position before you apply for a loan. Don’t waste the inquiry, especially now.

Clean up your credit the best you can then make a solid plan to refi, get out of debt or purchase a big ticket item.

Need a job? Get into the best paying field in the industry right now

September 19th, 2008

And what is that industry you ask? Debt collectors. While the economy is whirling with bank collapses, record foreclosures and high gas prices, one thing remains solid. The debt collection industry. Even the IRS is advertising collection jobs on Google. Paid ads!

With over 969 billion in credit card debt across the country, the debt collectors are filling a supply and demand of bad debts.  A debt collector can earn up to 100k a year in salary and bonus. Think of the demand that’s out there right now.

80 million people are paying off medical debts, students can’t pay their credit card bills, and complaints about bill collectors are on the rise.

Everybody is affected by this looming recession and someone’s got to go after the debts. Banks are writing off record numbers of failed loans and with a tighter bankruptcy law, it isn’t so easy to escape your debts. With new bankruptcy provisions, debtors have to complete a debtors education course, prove they cannot pay their debts back and overall, go through a lengthy process. This causes pause with consumers, so they wait it out.

Eventually the debt collector comes knocking and you will be found. Just yesterday I had a friend call me and tell me her father, who is 70, received a note from his neighbor. The note said to call back Mr. Jones at ABC collection agency. She asked me if this was legal and if it violated his privacy. I explained to her that using a Haines Criss Cross guide to find a debtors “nearby” is a common tactic of debt collectors and isn’t illegal as long as the debt collector doesn’t reveal the nature of the call. In other words, the debt collector cannot discuss the debt with the neighbor but is allowed to leave a message. Humiliating in deed but affective. He was mortified and embarrassed and will probably now return their call to avoid further contact with his neighbors.

Debt collectors know this is a ripe time to cash in on all of our bad luck with this crushing economy and make a fortune in commission and bonuses. What’s frightening is that just about anyone can be a debt collector, and thus, be privy to your financial information. Take a look in your local classified ads. There are offers everyday for highly motivated people with no experience to make a career in debt collections. Imagine someone having access to your credit reports and checking account information along with your home address. I’m surprised there isn’t more identity theft in this field than there is.

Lots of debt collectors are shady characters to say the least. Sure, there are many professional debt collectors with a college education who decided to go into this recession proof industry, but there are also a lot of really bad people taking on jobs to collect debts and those people will stop at nothing to make a fortune off collecting debts.

I know this firsthand, being a debt collector myself for 10 years. I worked with some really shady characters when I took on jobs at local collection agencies. These people would harass debtors nonstop and some went as far as taking the debtors phone number home with them to continue the harassment after work!

There’s very little internal regulation of these actions because debt collection firms roll employees in and out at a constant pace and cannot control what a debt collector does after hours or in private. To someone like me, who knows how some of these employees operate, it’s a frightening scenario.

Now with a failing economy we are going to see a sharp rise in complaints about debt collectors to the Federal Trade Commission and local Attorney General offices. I’m sure there are many lawsuits on the horizon.

If you plan to go into debt collections, remember, these debtors are people just like you and me who have fallen on hard times. I think a diplomatic approach with sensitivity is a much stronger practice to follow while collecting debts. I know it worked for me.

The majority of people not paying their bills aren’t doing so simply because they’re deadbeats. They can barely fill their gas tanks, buy groceries and pay their mortgage. We are all impacted by this economy so I hope collection agencies are enforcing stricter practices and offering good solid education to their debt collectors on how to collect debts in a legal, ethical manner.

If you do find that you’re being harassed, you need to take action quick to stop it. I’ll talk more about that in my next post.

Digging yourself out of debt

September 7th, 2008

If you’re like most of us, right now you are struggling to pay your bills and make the most of your paycheck. With unemployment at an all time high, gas prices over 4.00 a gallon, it’s no wonder people are watching every penny.

But… are you? This is a great article I found over at CareOne with tips to take responsibility of your financial mess and set up a solid plan to dig yourself out by taking responsibility for your financial mess.

Stop Making Decisions Based Solely on Emotions

Advertisers and retailers count on you basing a purchase solely on emotions, stop letting them! Before you purchase something, as yourself this question: Do you really NEED it? I stress need not wants because too often we get the two confused. Clothing is a great example for this question. You need clothing, you don’t need Banana Republic. Old Navy, Target and Wal-Mart work just as well.

Quit Worrying About your Credit Score

This is one of the top questions posted in our Community. Everyone wants to know how it will affect their credit score. Guess what, it doesn’t matter because you should not be concerned with getting more credit in the immediate future anyway. More debt does not help you pay off what you already have; it only makes your situation worse. Focus your energies on creating a budget and finding a part time job.

Stop Blaming the Banks

Yes, they gave you the credit cards, yes they raised your rates, and yes they charged over the limit fees…but guess what? You filled out the application, you made the charges, you probably didn’t read the fine print on the back of the agreement because I know I sure didn’t, and you ran up the balance. Deregulation of the banking industry was good and it was bad. The bad part is it put credit cards in the hands of a lot of people who did not really understand what the banks could do. Stop blaming, start paying.

Take Responsibility for Your Actions

I blamed my problems on everyone else. The sad part is I always had money for other things besides my bills. I made sure I had enough to buy cigarettes or go out on the weekends. I could always just pay my credit card bill late, or my car payment, or my student loan. Time to grow up. How many of you smoke? How many of you eat out for lunch every day? How many of you buy lotto tickets or gamble? This money can be put to better use.

Bottom Line:
Think before you buy
It is not the bank’s fault
You did it, now it’s time to dig yourself out

Lexington Law delivers on its promise: 600,000 negatives removed in one year!

August 21st, 2008

You may be working on your credit at this very moment or you may have done it in the past with some good results, but let’s talk about the success of Lexington Law Credit Repair Attorneys.

I’ve been around since Lexington laws’ inception online. I started out in the online credit arena in 1995 and that’s about the same time Lexington came on the “online scene”. I’ve seen many credit repair agencies come and go since then, most have gone, but one thing remained solid and that was Lexington law’s results.

I remember when they first arrived on the scene and there was a lot of buzz about what they could or could not do. They were especially hated by the credit industry and for good reason. They were a real threat. By having law degrees, these attorneys were free to brand credit repair in a whole new way. A sort of revolution that we hadn’t seen online before.

The credit bureaus and even collection agencies began a massive “words” campaign to combat Lexington’s offer of cleaning up your credit report. The net was buzzing with rumor that they’d be shut down by the credit bureaus and be banned by almost every advertiser.

Little did they know then, that none of that mattered. Lexington stayed true to its promise to help the forgotten consumer and never relied on advertisers for income, so there was no real way of stopping them.

Some figured they’d get a bad rap with the Better Business Bureau (BBB) or be investigated by the Federal Trade Commission (FTC). But alas, no such luck for those nay-sayers, as Lexington is thriving even stronger today. What those nay-sayers were banking on, was that Lexington would Pre-Charge millions of people for credit repair, which you cannot do.

Part of the CROA (Credit Repair Organization Act) states that you cannot charge for the work in advance before its complete. Lexington never worried about that, because they allowed people to pay on a monthly basis and cancel anytime.

Long gone were the archaic days of credit repair where you could be duped into a lengthy contract and have to fork over up to $1,000.00 per person for the work. Even then, there were no guarantees that the items disputed, would be removed. It was an expensive gamble and millions got taken.

Lexington’s rapid online and affordable system kiboshed both of those situations and the product became more defined and even more technological advanced, giving consumers online access to their progress.

I remember the old days of getting your credit reports, photocopying them, sending them back to the credit repair company by mail, then waiting on them to send out all your disputes and make you sit by the phone and mailbox waiting to “pretend” you sent them and basically do their job for them.

Lexington leveraged the FCRA section that states, we as consumers have a right to hire someone to help us with our credit, so Lexington doesn’t try to hide that they’re the machine behind the consumer. It’s the persons’ right and its perfectly legal.

I’m sure the credit bureaus cannot stand the sheer existence of Lexington Law but most of us credit experts cannot stand the existence of the credit bureaus, so the feeling is mutual.

Their credit report repair soon began to prove itself. As other credit repair businesses began to fold from either lack of business or multiple complaints, Lexington honed its method and used technology to its advantage, thus creating faster, more accurate disputes, which equaled faster removal of negative items.

Once they were able to prove that they were a real contender for the credit bureaus, faith in their product began to rise. Consumers started talking to one another on message boards and chat rooms and asking questions about success others had using Lexington law.

It was clear that Lexington was able to prove their results in writing and post real testimonials (Both are on their website and the deletions record can be downloaded in PDF).

This only strengthened Lexington laws’ brand and made them the leader in online credit repair. I’ve seen some really impressive “looking” websites that try to copy Lexington’s look and approach, but it’s one of those things that you feel in your gut, and you just know, most are copycat web sites looking to coast of Lexington’s good image.

I’ve also talked personally to a lot of consumers who have used them, and that’s whats important to me. When I add up the happy clients I’ve seen, the clear and perfect BBB record, the hundreds of thousands of deletions, and the fact that they’re not afraid of the credit bureaus, that equals a success few can match.

I’m all for consumers taking their credit into their own hands and doing the work themselves. Heck, I was one of the first to create and offer such a DIY program online in 1995, BUT, there simply are people out there who do not want that burden or don’t have the skills to embark on that credit journey. For them, I’m glad Lexington Law is such an impressive and respected outfit, because hopefully that will keep thousands of people from landing in the hands of a fly-by-night or shady company looking to take them for every penny they can.

There’s a lot of consumer experts or so called advocates out there that simply believe no one should ever enlist help in fixing their credit problems, but to them, I say, you are either having your pockets lined by the credit industry or you are out of touch.

Despite most of their claims, credit repair is desperately needed and necessary, not because all of us consumers are losers and flakes who ruin our credit, but because the credit industry is a disaster and its record keeping a shame. That’s why credit repair is in such high demand to begin with. Erroneous collection accounts, misreported trade lines, identity theft messes, duplicate inquiries, incorrect personal information,  and on and on. The credit bureaus are such a monopoly that consumers fear dealing with them.

I, unlike many credit experts, am not paid by the credit industry and I’ve lived the “credit of an American” nightmare and know firsthand how overwhelming and unsatisfying the whole credit system can be. To those people, firms like Lexington are a helpful avenue in a twisting, winding road. 

If I want to take my car to a mechanic, I will. if i want to change my own oil, I will. Same goes for my credit. If I want to pay for a service that I don’t want to have to bother with, then that’s my right, and the credit industry should spend less time worrying about money a credit repair agency makes and clean their own house.

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