Debt Settlement Can Hurt More Than Help
"Early Show" Financial Contributor, Vera Gibbons On Pitfalls Of Debt Settlement
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Debt settlement companies are bad news, according to Early Show financial contributor Vera Gibbons. (iStockphoto)
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Early Show financial contributor Vera Gibbons shared some warnings about using those companies on the show Tuesday.
The companies' ads are plastered across TV and radio, offering to "cut your debt in half" and other fantastic-sounding promises. While the commercials sound enticing, many consumers are hurt by the providers' shady practices, Gibbons observed.
"In the past, home equity or year-end bonuses could be used to help pay off debt," she said. "But those options have disappeared, along with the ability to easily obtain a loan or additional credit cards. This makes many people struggling with bills prime targets for debt settlement companies."
The number of such companies has increased dramatically over the past couple of years. Unfortunately, the number of complaints against them has grown, as well: The Federal Trade Commission says gripes more than quadrupled between 2006 and 2007. State attorneys general report being flooded with complaints, too.
In North Carolina, complaints doubled last year, while in Florida they tripled, spokespeople for the state attorneys general said. And in New York last week, Attorney General Andrew Cuomo launched an investigation into the companies, subpoenaing 14 from across the country and one law firm.
"Today, millions of hardworking Americans are finding themselves imprisoned by debt. In response, a rogue industry has stepped in, offering consumers false hope, charging tremendous fees, and leaving them in a worse financial situation," Cuomo says.
Other consumer advocates agree that these companies are bad news. And most of them have an "F" rating from the Better Business Bureau.
What are debt settlement companies offering, and why are many of them so bad?
In general, Gibbons said, the companies agree to contact your creditors and negotiate reduced balances.
Sounds good so far, right?
Gibbons explained where the trouble begins:
But consumer advocates warn that a majority of the companies can't or won't deliver on their promises to reduce your debt. The National Foundation for Credit Counseling recently explained that, "A settlement company may suggest that you stop paying your creditors and instead begin making deposits into a special third-party account. The settlement company will attempt to negotiate a settlement offer with your creditor once enough money relative to the debt is on deposit. This may take six months or more, although the exact length of time will vary with circumstances. During this time, the balance on your debt can continue to grow if interest and various penalty fees continue to be charged by your creditor. As a result, you may owe more than when you started and your credit may suffer."
Even worse, there have been many instances where none of this money ever makes it to creditors -- the companies simply steal it, Gibbons points out. Plus, a growing number of credit card companies refuse to work with debt settlement groups. Of course, a group probably won't tell you that until after you've paid them.
Until the government begins to regulate these companies, your best bet is to stay away from them, Gibbons suggests.
"While there are some legitimate companies out there that will do what they claim, that doesn't erase the other negatives -- big fees, taxes, hurting credit report," she said.
Experts say working with these companies is only one step above bankruptcy, and should be avoided at all costs. But where does that leave you? Where else can you turn?
"Start by trying to negotiate with creditors yourself," Gibbons said. "While they likely won't forgive any of your debt, they may lower your interest rate, or eliminate some fees. Don't just roll your eyes and say, 'Yeah, I've heard that before.'"
Gibbons added, " ... Just recently, the top 10 credit card issuers agreed to make more concessions for consumers in financial trouble and initial reports are that individuals are having more luck working with creditors. If you can't make a big enough dent in your debt yourself, look for a credit counseling agency. Again, you need to choose a legit company, but there a lot of good companies out there as compared to debt settlement companies. For a nominal fee - less than $100, and often closer to $20 -- a credit counselor will look over your finances and provide some basic financial advice and education."
She added that a credit counselor can also negotiate lower interest rates with creditors and get them to remove fees from your account. A credit counseling company can enroll you in a "debt management plan." Under this plan, you give a lump sum to the company each month and they dole out payments to your various creditors at reduced interest rates.
"You still need to do your due diligence in choosing a credit counseling company," Gibbons said. "Most of them are non-profits, but that doesn't make them legit!"
Gibbons suggests checking with your local Better Business Bureau and state attorney general's office to see if there have been any complaints lodged against your credit counseling company. Gibbons noted that reputable firms will be affiliated with the National Foundation for Credit Counseling or the Association of Independent Consumer Credit Counseling Agencies.
"And the company should never try to push you immediately into a debt management plan," she said. "If they do, that's a red flag that they may not have your best interest at heart."
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Americans who have already settled their debt after typing into Google "settle my debt" have derived a national average of $25,000.00 in debt to settle, across the board, nationwide. Some have $5,000 to settle, and some have $105,000 in debt to settle. This includes credit cards, medical bills, and all other "unsecured debt."
Regardless of how much debt you have, the real money you should be saving is on the monthly junk fees when making payments that go into your "Special Purpose Account" for your debt settlement program.
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So, for instance, if you are $25,000 in debt and want to stop paying back minimum payments on your credit cards, or the little bit more that you can afford to pay each month, only to find out that the next month's bill is even worse, and you didn't even spend any more money on the card, you need to clearly understand your options!
Debt Settlement works when you're not paying monthly junk fees. You know what junk fees are; the fees that some other person in a debt settlement company is lifting from your pocket to theirs, but with no different outcome to settling your debt.
You see, there is no difference between which debt settlement company can settle your debt for a lesser percentage of the total debt. They will "All" settle your debt for approximately 50 cents on the dollar. Don't expect more even if the very persuasive salesperson calling you says they can settle your debt for less. They are reading from a script, and reality is that the faster you pay back your settlement, the lower you can pay back percentage wise. Stretching your payments out doesn't help you, it hurts.
If you're going to settle your debt with a debt settlement company, muster up as much as you can possibly afford each month, as this enables the company to settle your debt for less.
Remember, debt settlement companies exist to provide a service, and that service should cost you 15% of your total debt, but there should be no monthly service fees or maintenance fees.
NOTE: Every single debt settlement company in the nation must use a third party processing company to move your money (debit your account) from your checking account to your special purpose account (this is the account that is used to settle your debt.) They charge approximately $9.00 each month, and no debt settlement company in the nation can avoid this fee; do not confuse this nominal fee with any other monthly or maintenance fee.
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For instance, you'll speak to a debt settlement agent over the phone, and they'll say that they are settling your debt for a percentage on the dollar, and they'll explain that your fee is 15% (which is the going price across the board to settle your debt from any back-end debt settlement company); but what they typically fail to make clear is that you will also pay an additional monthly fee or fees frequently named on your agreement as: "maintenance fee", "processing fee", "application fee", "settlement fee", etc.
The aforementioned "fees" are all bogus, added on by someone who figures that you're not smart enough to know the difference. Hello!
Debt Settlement Fees - Just say No! These additional fees are pitched to sound reasonable to you, so you say "duh ok, I'll pay them" - please do not!
Monthly Maintenance and Service Fees: There is no such thing as a "maintenance or whatever fee"; the debt settlement company is given the option - by the processing company that collects your money once you send it in - to add these extra fees onto your bill. Not kidding!
They are pure junk fees - just someone saying "let's charge this too, they'll never notice the difference." If you pay $50 extra a month in junk fees, multiplied by the 24 to 36 months it's going to take to pay your debt program off, you'll have added another $1,200 to $1,800 to the bill.
Please pass this information on, as I've got a hunch, many are being told otherwise.
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Thank you, Richard Preisig aka Rich Preisig
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Last year, I made the mistake of climbing on board with a debt settlement company, Everest Debt Solutions. Beware of this company, all they did was take my money and only settled two accounts, one small one for 374.00 and a larger one for 4300.00. They told me don't call your creditors, we will call them for you. This never happened and I had to change my cell phone number and my home phone number twice. They cost me money instead of saving me money. Buyer Beware! I learned my lesson and am settling with all my creditors one by one. Also throught a legal plan at work at which I only pay $15.00 per month, I have secured the services of an attorney who has extensive experience in these matters. Don't make the same mistake I did!
I say, if trashing my FICO score for about 3 years will get me free from these blood-sucking bank leeches, Oh Happy Day! If you can file a hard Chapter 7 bankruptcy, get through it and still rebuild your credit afterwards, how can 2 or 3 year of aggressive settlement ruin your for life? Stop drinking the Koolaid.
Can you smell the fear that's cooking? Sound familiar? Iraq? The strength of the economy? Vietnam? It's time to think for ourselves, make choices that benefit our families instead of paying for golden parachutes, spa holidays, wild broker's parties, plastic surgeries, etc.
"Rogue Industry". That sounds like a description of the industry that started out by using our money to make a few billionaire over the last hundred years. Oh, those are CBS's friends, the banks.
With regards to the 'F' rating in certain states for debt negotiation businesses this is being looked into. California lists all debt negotiation companies as 'F' but the person in charge there has a vested interest in credit counseling - now let's talk about bad seeds.
Why is this happening? Why is the focus being shifted to the debt settlement industry, one of the few groups out there fighting for consumers, battling credit card companies every day. Gee, who has an interest in stopping these guys, the Americans who need to get out of debt? I don't think so.
One of the most misleading parts of this story is the statistics on complaints. Sure complaints against debt settlement companies are up four times - there are a lot more people in debt and a lot more debt settlement companies out there working to help them. But four times a small number of complaints is still a small number.
According to the FTC's statistics for 2008 (and the BBB's are consistent with these), complaints against DEBT COLLECTORS (the credit card companies and their representatives) were the 2nd highest group of consumer complaints in 2008 (104,642), almost 10% of all complaints. Combined, debt settlement and credit counseling totaled just 1% of consumer complaints.
Yet, just yesterday, Acting FTC chief Eileen Harrington was before a Congressional subcommittee supporting a bill that would essentially put debt settlement companies out of business.
Write your representatives and ask them to support reasonable regulations that will to stop the scammers but preserve and protect the efforts of the legitimate debt settlement industry.
Best Wishes
Jamie Ellison
Kieran Rodgers at 631-316-7272 taught me how to do all this, thank you so much!
It took 5 years to pay off $45,000 in debt, but I am now debt free. If I would have continued to try & manage my debt, alone, I would now be further in debt, with no end in sight.
I am now forever in debt to this company, in gratitude for their help, not financially. The company?s name is Take Charge America. I have no black marks on my credit report & all accounts state that I paid as agreed.....
By Rich Preisig
It's the same old song and dance; the guy that was selling insurance last week is offering debt settlement this week and the woman who was selling real estate is now offering loan modification. Those on the front lines of being a mortgage owner or branch manager, now loan modification agent, can find it quite incestuous, as new industries rise and fall. Rising; yes, and the Debt Settlement Industry is apparently the New Black!
Recently and most noticeably has been the explosive growth and opening of Debt Settlement Net Branch Affiliate Offices. And interestingly, these same salespeople are filling these debt settlement branch offices, and they're making $75,000 - $200,000 in commission income, as they bailout the people with overextended credit card debt and other unsecured debt. There is so much money in the debt settlement industry and a lot of people are going to get a Fresh Start!
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- by dukeblue21230 May 12, 2009 12:41 PM EDT
- Anyone with any knowledge in this industry would know that this was an article done by and made to benefit Consumer Credit Counseling. It's a cry for help from that industry because LEGIT Debt Settlement companies are putting them out of business by achieving much more success for clients then CCCS companies. CCCS companies take 5-8 years to complete, ruin your credit, and also have a less then 10% graduation rate. They work for the credit card companies themselves. When most Americans look at the credit card companies as the devil, it is essentially doing another deal with the devil. A legit debt settlement company (I enrolled my mothers debts with one) will get you out of debt within 3 years at a much lower monthly payment then CCCS has for 7 years. Also it does have a negative impact on your credit but not nearly the damage that CCCS will have. The debt settlement program does work (I know this for a fact) you just have to be patient through those 3 years as the funds accumulate and settlements are made. Also make sure you find a legit company. I can recommend the one I used for my mother but I know they only do certain states. Overall though this article is very misleading and smells very strongly of CBS doing an article to benefit the large credit card companies that steal from us every day. Imagine that, the rich get richer and help one another while misleading. I would say that I'm surprised by CBS for posting such material without proper research but I'd be lying. If I could figure it out by doing the research when looking for help for my mother, I would like to think that CBS could as well.
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