Posts Tagged ‘creditor’

FAQ on Car Repossession and Your Credit

December 11th, 2009

People often think that their credit isn’t negatively affected if they turn their car in, if unable to make payments. The truth is that there are two types of repossessions. One is called a voluntary repo and the other is a repo. A voluntary repo happens when you initiate the repossession by giving the car back to the lender. This type of repo shows up on your credit reports as voluntary.

A regular repossession is when the lender initiates the repossession. Its a myth that a voluntary is less damaging to your credit. Both are negative.

What about the deficiency balance, am I responsible?
Yes. Just because you turn the car in or let the lender take it back doesn’t mean that you do not owe any remaining balance. If the lender is unable to sell the car for the full balance then you will be held liable for the rest. This remaining balance becomes an unsecured debt because the car is no longer physically attached to it.  The lender may sue you for this balance if you refuse to pay it.

Is it possible to remove a repossession from my credit?
It’s possible to remove anything from your credit if it is inaccurate or obsolete in any way. The FCRA makes lenders and credit bureaus report accurate information, therefore if you believe the repossession is inaccurate or false and the lender or credit bureau cant prove it, it must be removed. Credit repair agencies usually use this tactic to dispute a repo.

What if I cosigned for the car?
You are legally just as responsible as the borrower if you co-signed for the car loan. If the loan goes unpaid, it will affect your credit as well.  A repossession stays on your credit for seven years.

Read more about repossessions, getting the property back, legal issues and balance deficiencies here.
Do it yourself credit repair and creditor letters | Credit repair attorneys | Car loans for bad credit | Debt Relief | Settle your deficiency balance | FTC on car repossessions | Wiki on auto repossessions | Bankruptcy attorneys | Bankruptcy and a repossession

Will paying off a debt remove it from my credit reports

November 2nd, 2009

money- troublesWell that depends on you. Yes you. If you have a debt in collections and you’ve decided to pay it off because someone advised you to do so- perhaps a mortgage lender, then you’d be surprised to know that that may be a very bad idea.

If an account has been placed on your credit reports that is negative such as a charge off, collection account or repossession, simply paying the balance will NOT improve your credit. Here’s why.

A bad account status like a charge off, collection account, repo, foreclosure etc is considered negative and as bad as it gets. The rating is commonly referred to as an R-9. To put this in perspective, an R-1 is a perfect credit rating. An R-9 is negative and unfortunately if you pay an R-9, its still an R-9. Its simply paid now, which has released you from financial liability but your credit reports are still left in ruin.

The best route to take is to NEGOTIATE THE RATING IN EXCHANGE FOR THE PAYOFF.  It’s done everyday- believe it or not. Sure an original creditor may not agree to these terms but a third party debt collector will. Most negative accounts past 180 days delinquent are sent to third party debt collectors. Once that process happens, you are in a better position as far as negotiations of the credit rating go.

A third party debt collector will often settle the account and delete the credit rating because all they are concerned with is getting paid. An original creditor will not approach a debt this way, but a bill collector will.

By getting the debt collector to agree to settle the debt for this exchange, you will gain something from the payoff as well.  Keep in mind there are a few instances where you will want to pay the debt off even if the collector refuses to improve your credit rating.

For example, a collector has absolutely refused to remove the rating, you’ve received validation that the debt is accurate and you need this account to show paid because either you are being forced to by a lender before they issue you a loan, or you want the collection agencies to leave you alone and are worried about being sued. This is when you need to pay the debt if negotiations have fallen through.

When dealing with a collection item you must always attempt to negotiate the rating before you pay a dime. Not doing so is a very bad financial move because chances are, you will get your way. Can you imagine having an item completely wiped away from your credit reports from just a little effort? It’s definitely worth your time.

Related to this story} Validating a debt, how to | Dealing with collection agencies | Sending a cease and desist letter to stop collection harassment.

Article written by credit expert, Kristi Feathers. Kristi can be contacted via her website at www. KristiFeathers.com

Original creditor settlement tips

February 19th, 2009

If your account has yet to be turned over to a collection agency theres still time to make the best with the original creditor. Original creditors have their own in house collection efforts but usually after 4 months, the account will be turned over to a third party debt collector.

If you have issues with the account, its best not to hide and hope for the best. You can negotiate with the original creditor to avoid the account being turned over to a collection agency.

Communication is key. The OC is not going to go away. They aren’t simply going to wipe away your balance because you’re hiding. You need to call them and explain your situation.

During these difficult times with our economy, OC are bending more and more. Where they used to refuse specialized payment terms and negotiating credit ratings, they now realize it’s in their best interest to work with you.

OC response varies from creditor to creditor but the simplest way to know where you stand is to pick up the phone and get a hold of your account manager. Everyone is hurting right now, people have lost their jobs all across the country so this needs to be relayed to your creditor.

Explaining your situation will get the ball rolling on working together. The OC may agree to cease late fees and put you on a payment plan to  help you temporarily. They understand that you have the right to file for bankruptcy or go into a credit counseling program so they are willing to help the majority of the time.

By contacting the OC you may be able to stop the collection process. They may agree to freeze the account or even lower your interest to make the debt affordable. They want to be paid and they also want to hold onto the debt if possible. It costs money to give the debt to a collection agency.

If the debt is secured such as a mortgage or auto loan, the options may be more limited but banks are doing loan modifications right now on secured loans, so make the effort to see what can be done. If the debt is unsecured like credit card debt, the creditor knows they have  no collateral on the loan so they will be more flexible in working with you.

You may be able to set up a 12 to 24 month plan with them for reduced interest, no late fees and smaller payments in addition to avoiding the dreaded turn over to a collection agency.

The OC may also be more willing to freeze the reporting to the credit bueaus while your on a modified plan. Your credit rating is an important part of the negotiation process to keep in mind. Again, it cant hurt to ask.

Cancelled debts report to the IRS

January 29th, 2009

irs and cancelled debts 1099C

If you’ve had an account charged off by a creditor, that debt can be considered income on your taxes. The creditor will normally send a notice of cancelled debt to the IRS which shows how much was written off (cancelled) and thus, considered income by you.

The reason being is that you received the loan at some point in time whether it was in the form of cash or credit and if you never paid it back, the creditor can report that loss on their taxes. You must also report the account on your taxes if you’ve been sent a 1099C form.

If you received one of these little forms in the mail, it’s best to consult with your tax professional for all avenues. It may not mean much if its 600.00 or 700.00 but if it’s a big loss by the creditor then that breaks down to big income by you.

For more tips on the cancelled debt and IRS 1099 form, see this article.

What to do when a creditor sends you a 1099

Download the 1099 form from the IRS

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Charge offs and delinquency rise for credit card issuers

November 1st, 2008

Credit card companies are next in line to feel the credit crunch. Credit card companies say that their charge-offs of delinquent debt from card-holders have spiked to 5.5 percent, and could jump to 8 percent in coming months, a level not seen since the dot-com bust in 2001, according to Washington Post.

Banks considering debt settlements
USA Today reports that banks are proposing that they forgive up to 40% of the credit card debt owed by the most financially stressed consumers, who are close to bankruptcy. These consumers would then get five years to pay off their remaining card debt, interest-free. Banks would pilot this program with 50,000 consumers, in hopes of expanding it to tens of thousands of others to avoid their debts being lost all together through a bankruptcy.

We’ve known for years that debt settlements is a very sound solution to critical credit issues. Banks have always been resistant to debt settlements but now, they may have little choice. It’s a simple question really. Would you rather get half or lose it all?

Banks seem to finally have their heads out of the sand on this issue and this could be great news for consumers. One, it will cause consumers to think twice about filing for bankruptcy if the banks are willing to work with them, and two- banks will decrease their total charge off amounts by recouping at least half of the debt.

With consumers losing their homes at record numbers, the last thing they are worried about is credit card debt. If they are already in a position to lose their biggest (secured) asset, their home, then the credit card debt will do little to jar them. It’s unsecured and much easier to discharge in a bankruptcy”,  says Credit Expert, Kristi Feathers.

Bully Debt Collectors
The other issue that’s going to be at hand here is the on-slot of debt collector abuse to consumers with accounts referred to collections. Debt collectors are probably a few of the only businesses thriving in this downturn and they will be all over these debtors, and that is going to cause more complaints nationwide to groups like the FTC.

Right now, consumers with credit card debt mounting and considering bankruptcy need to contact the card issuers and try to work out a debt settlement. They should explain their situation and see if a 40% debt reduction is possible and above all, get these agreements in writing.

A settled debt on a consumers credit report is much better than a charge off and once the debts are settled, the consumer can focus on rebuilding their credit from a stronger standpoint. Remember, settled debts will show paid whereas a charge off is unpaid, so that’s motivation in settling your debts if you are able.

At least with the banks being open to the idea of debt settlement, you have an advantage that once was harder to achieve.

Remember the following;

  • Get all agreements in writing with your creditors/collection agencies
  • Follow up with the credit bureaus to make sure debts are reported accurately as “settled” not “charged off”
  • Be sure to ask the creditor to also settle the rating from paid collection to settled
  • Try to handle the issue BEFORE its assigned to the collection agency
  • Educate yourself on debt settlement issues (you can do so here free)
  • Report any abuse by debt collectors to the Federal Trade Commission at FTC.gov
  • Keep a log of all your communications with creditors and collectors
  • Use DIY help if needed (FDCPA, FCRA)

If you credit card issuer isn’t willing to settle or If you are not in a position to settle your debts, you can contact a credit counseling firm to spread your payments out, reduce interest and fees, and help you get breathing room. Debt settlements is different from debt management.

N2credit.com

Going undercover as a debt collector

October 8th, 2008

Fred Williams, a reporter for the Buffalo News, worked for three months at a debt-collection agency to see how one operates. Here is his report,

Ethel, you did this!” Joe barks into the phone, his voice booming through the divider between our desks. Joe is trying to collect a credit-card bill, but Ethel is unaware of the card’s existence — or claims to be. “Stop making excuses!” Joe tells her.

It’s my first week on the job as a debt collector, and already I’m learning a lot. Or rather, unlearning a lot. Everything I know about consumer finance is wrong here.

In this upside-down world, unpaid bills are a boon, not a curse. The bigger, the better. If we collect, the agency gets a bounty of 10% to 50% from the creditor, and it gives us a cut. Top collectors are handed bonuses of $10,000 or more at a monthly assembly, while envious co-workers clap and cheer.

In this world, identity theft isn’t an epidemic. It’s an excuse used by weaseling debtors — like job loss, illness or even the death of a spouse. In the notes we make after each call, these excuses are summed up with the code HLS — hard-luck story.

Joe tells Ethel that he’s looking at her credit report and it doesn’t support her innocence. “This card was paid every month for two years,” he says. “Identity thieves don’t do that!” Maybe he’s right and she’s trying to skip a legitimate bill. Or maybe he’s making it up.

The collection industry gets the most complaints of any industry regulated by the U.S. Federal Trade Commission — more than 300,000 in the past five years. The trade association, ACA International, blames the griping on consumers’ increasing debt burden.

But inside the large, well-established agency where I work, that’s not the whole story. Motivated strictly by cash, collectors manipulate, shame and threaten people into paying, without caring whether the bill is legitimate.

“Get the money!” our team leader exhorts us in a brief morning huddle. Then we hit the phones, making 150 to 200 calls a day. Most are answered by machines or by people who say we’ve got a wrong number.

Debtors are cagey about picking up, so we’re taught to mask the purpose of the call as long as possible. We ask for them casually by first name, like an acquaintance. Outright deception is forbidden, but sometimes my co-workers pose as paralegals or even as “fraud investigators,” to imply that criminal charges are looming.

Once a debtor is on the line, we demand that they pay the overdue balance immediately. But the balance is like the sticker price on a car — a starting point for negotiation. On some accounts, I may offer a settlement that wipes out half the bill. This helps to placate debtors. They’re usually sputtering mad because their actual purchases are a pittance compared with the interest, late fees and over-limit fees they now owe.

If a debtor opts to settle, I am trained to take their application. In a bored voice I ask for their cell-phone number, their spouse’s work phone and so on, as if I’m filling out a form. There’s no application; we get the phone numbers to hound them if their payment falls through.

To help debtors raise money, we are trained to give them financial advice that would make their accountant blanch, if they had one. We suggest that they take money out of their IRA, drain their home equity with a second mortgage, load up a different credit card or even skip a mortgage payment.

If a debtor still won’t pay, we play a version of good cop/bad cop. Two collectors will team up on one call, with one posing as a hard-hearted manager. The other listens patiently and pretends to be sympathetic. The idea is to make the debtor want to please the sympathetic collector, who closes the deal.

Even people like Ethel, who claim to be fraud victims, can be squeezed for cash. We say it was probably their child or someone else in their household who abused the card, and if they don’t call the police, we will.

But Joe loses his battle of wills with Ethel for today when she simply hangs up. Calling her back immediately would violate rules against harassment. I go around the divider to commiserate, and to see whether Ethel’s credit report really implicated her. But Joe has already deleted it from his screen and pulled up another account, preparing to make his next call.

Our group manager has also been listening. “You blew it,” he tells Joe loudly, so the rest of the group can hear. “You should’ve got her to pay.”

Kiplinger’s Personal Finance. Author Fred Williams’s book, Inside Debt Collection, is available at lulu.com.

Do it yourself credit repair | Easier than you think and cheap!

September 16th, 2008

You can improve your creditworthiness and get legitimate resources for low or no-cost help.

 

You may get calls from telemarketers offering credit repair services.  The Scam, companies’ nationwide, appeal to consumers with poor credit histories and who are desperate. They promise, for a fee, to clean up your credit report so you can get a car loan, a home mortgage, insurance, or even a job. Desperate consumers fall prey to this scam. Remember, if it sounds too good to be true. It is.

 

Some credit repair services get sleazy when they promise to do a job that’s just not possible. Unlimited credit report disputes, corrections, and removals with Equifax, Experian, and TransUnion and guaranteed deletions are just some of the promises you hear.

 

An ethical firm (usually reputable lawyers, not shysters) will not tout miracles, charge you in advance or make false promises. if they do, sooner or later the FTC will find them.

 

Just this past week, a credit repair company was shut down and fined by the FTC for making promises it couldn’t possibly keep, by assuring buyers that they could remove negative accounts even if accurate and for collecting money in advance for work yet to be performed.

 

That’s a key word. Accurate. The foundation of credit repair isn’t an industry trade secret. It’s using the law with your customized disputes to garner the best possible results. Period. 

 

By using existing state and federal laws, you CAN remove negative information from your credit reports. The fundamentals aren’t whether the item is negative or positive. It’s is it accurate.  The FCRA is quite clear on this issue. If it isn’t verifiable or accurate, it cannot remain.

 

It doesn’t matter what your history, background, or credit record is, you’ll be amazed at how simple correction can be. You’ve probably been told that your credit history will stick with you forever, or it takes years to clean up. 

 

While no one can guarantee you a spotless credit record, real credit repair is a worthwhile investment, and if the bureaus, collection agencies, and creditors were doing their job, credit report repair wouldn’t be the top search online.

 

People are desperate because credit reports DO contain lots of errors. Nearly every consumer has an error in at least one credit report from one of the major credit bureaus. Credit bureaus generate your report they receive from your creditors; they don’t verify it… Unless you ask.

 

The simple truth is that the credit bureaus and even furnishers of information must comply with federal law. Doing so isn’t so easy for them. You need to leverage that. It will take time, but it’s a very worthwhile investment.

 

 

Don’t despair.  It’s never too late to become credit worthy – just get started, and remember that it won’t happen overnight and you must commit to doing the work. Doing the work can be justified in how much money you are going to save if you don’t have to hire someone AND in rates if you do have an improved credit report.

 

While I can certainly understand the FTC warning us all to avoid credit repair and scams, what I don’t understand is why they don’t focus a campaign on just how difficult the credit system makes fixing your credit. The bureaus don’t work for us, they make billions and our disputes are a kink in there rhythm. They sort of help us because they have to, not because they want to.

 

So, what ends up happening, is the consumer gets frustrated and seeks out a service to fix their credit for them, and often, it’s a scam.  The FTC moves in, shuts them down, and reminds us that we can do this ourselves. Trouble is, people get lost in the process and the FTC doesn’t tell us that communication with the credit bureaus, debt collectors, and furnishers of information can be a vicious cycle.

 

That’s why it’s important to educate yourself and if you are going to do the work, do some research online. You’ll quickly find there are only a handful a really good , reputable DIY sites and credit repair lawyers.  

 

The highly effective letters that we offer have been proven to WORK in correcting negative items on your credit that may be outdated, obsolete, or inaccurate (unverifiable). When you combine the right letters to cut through the bureaucracy of the credit system, you’ll garner much better results, save money and avoid mistakes that can cause you more trouble and more time. Not to mention, you’ll understand the dangers of dealing with bill collectors without proper knowledge.

Debt settlement versus debt management

August 9th, 2008

Being in the credit field, I am always surprised just how many people don’t know the difference between debt management and debt settlement (negotiations).

I talked with a man the other day who had been feverishly searching for a good debt settlement company before he ran out of time, but as I was speaking to him, I realized he didn’t have any money, so how was he going to settle his debts?

Debt settlement also referred to as debt negotiations is a method to settle your debts for less than what you owe. Debt settlement procedures can be very affective IF you know what you are doing and have some money.

When you want to avoid bankruptcy and get out of debt AND you have some money set aside, you can negotiate with your creditors or use a debt negotiator to do it for you.

Often they will offer 30-40% of the total debt to be considered as settled in full. This can cut the debt in half and consider it case closed. That means no more worrying about the creditors coming after you or worrying day and night about being sued or slapped with a judgment.

You must have money to settle your debts, otherwise there is no “debt settlement”.

Many times the creditors will accept this, especially if you are in dire straights and they fear you may file for bankruptcy and they’d be left with nothing.

A professional debt negotiator has long term relationships with many of the creditors and can work a deal for you, for a fee. You still walk away paying less, even with the fee.

Another option to consider would be do it yourself debt negotiations. If you are equipped with knowledge and understand what it takes, you may be very successful in negotiating your own debts without paying a professional. That can mean even more money in your pocket.

Debt Management is an entirely different program. Credit counseling or debt management is used to cut your monthly payments to your creditors but you still pay the full balance. It’s a good alternative if you are unable to meet your monthly obligations to your creditors and are falling behind.

A debt counselor can set up a program with your existing creditors and in essence “freeze collections” and reduce your monthly payment. This gives you adequate time to repay everyone without the worry of the accounts going into collections or being sued.

A good debt management program will be a not for profit who will work as your counselor and do all the dirty work with the creditor. You simply pay one payment to the credit counseling firm each month and they disburse your payments for you to your creditors.

You can even get many creditors to agree to freeze the interest or remove late fees. Often they will also “suspend” credit reporting while you complete the program.

Debt negotiations is NOT debt management and vise versa.

See more about debt management and the difference between it and debt consolidation.

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