Debt Settlement versus Arbitration

Credit card arbitration is going away, much to the benefit of card holders. The latest blow to arbitration came Sunday, when Minnesota Attorney General Lori Swanson announced that the state had settled with the National Arbitration Forum (NAF), which administers arbitrations as put forth in standard customer agreements with issuers. Swanson had sued the St. Louis-based company a week earlier for what she said was its unfair handling of debt disputes. “This is an issue beyond any one problem company,” said Swanson. “It is a systemic industry wide problem. Consumers are giving away rights without even knowing it.” Seemingly trying to avoid the microscope that the National Arbitration Forum had been under, The American Arbitration Association said on Tuesday it will voluntarily stop participating in credit card related arbitrations until new guidelines are established.The lawsuit accused the NAF of violating state consumer fraud, deceptive trade practices and false advertising laws by hiding financial ties to collection agencies and credit card companies. Most people that have signed a credit card agreement never realized that they were giving up the right to sue the credit card company when they feel that they had been wronged by the issuer. The other unknown aspect of the arbitration clause was that the members of the panel that would hear the case would be in the pocket of the credit card companies, selected for previous rulings in favor of credit card issuers. The Obama Administration, having already signed the Credit CARD Act in May which regulates abusive credit card practices, recently proposed a ban on arbitration agreements in credit card agreements in their effort to expand customer protections. The credit card industry, already preparing for regulations of the Act which start its first phases in August, finds itself now on the defensive on another front, one which has provided consistently favorable rulings, allowed it to aggressively go after unpaid debts, and shielded it from class action lawsuits.The value of the arbitration clause to credit card industry is undeniable, and is likely to be defended vigorously despite the exit of its two biggest arbitration firms. “Arbitration is a valuable way for consumers and businesses to resolve disputes in a very low cost and fair manner. Take it away and consumers will suffer,” said Kenneth Clayton of the American Bankers Association. Finding those customers that will suffer without arbitration may be difficult as the proceedings were stacked against card holders from the beginning. In her statement about the NAF settlement Swanson said: “To consumers, the company said it was impartial, but behind the scenes, it worked alongside credit card companies to get them to put unfair arbitration clauses in the fine print of their contracts and to appoint the Forum as the arbitrator. Now the company is out of this business.”Further evidence of stacking the deck was found in a study by Public Citizen which revealed that credit card companies tracked arbitrators’ rulings and would not allow the arbitrators who ruled against them to sit on panels which involved the issuer. Public Citizen’s study also found that “Among cases with an arbitrator appointed by the National Arbitration Forum, 94 percent resulted in decisions in favor of the business.”The end of mandatory arbitration throws a curve at the credit card industry at a time when it is facing challenges from all sides. It wasn’t long ago that if a card holder fell behind on payments, the only option was to seek credit counseling which was done on a nonprofit basis but clandestinely sponsored by the credit card companies. If credit counseling didn’t provide the desired results for the card issuers, the card holder would then be mandated to go to an arbitration which was also controlled by the credit card companies. Now, with options like debt settlement, consumers have a much better chance at receiving an outcome that goes in their favor. Debt settlement, also known as debt negotiation, is a relatively new form of relief in which the process gets as many concessions for the card holder as possible. It is an adversarial negotiation where a law firm negotiates on the card holder’s behalf against the credit card issuers as opposed to the usual method of dealing with a system that was charged with carrying out the issuers’ agenda.Card holders entering a debt settlement immediate see a reduction of approximately 50% on their monthly payment obligations for accounts that are being settled. In addition to credit cards, accounts that can be packaged into a debt settlement are; medical bills, unpaid utility bills, signature loans, and many other forms of unsecured debt. The settlement process then aims for full payoff of participating accounts with balance reductions ranging from 40 to 60%. The payoff schedule is then tailored to the card holders’ current financial situation with payoff times ranging in length from 18 to 48 months. Once the reduced balances have been met the participating accounts are considered to be paid in full.According to information contained in the lawsuit against NAF, there were 214,000 arbitrations in which they participated in 2006. 94% of the card holders in those cases undoubtedly spent time and money to ultimately get a decision that was unfavorable to them. With the elimination of arbitration, it’s uncertain now how issuers will attack struggling credit card holders but with their political clout and resources they will likely find a way. The good news for struggling card holders is that with a firm negotiating their debt settlement, they can protect themselves as well.

Truths and Falsehoods on Credit Scores – Debt Settlement

As the economy continues its rough ride, the fallout from mortgage and credit card late payments and delinquencies has dropped the credit scores of consumers across the country. As credit scores take a higher profile from news reports to conversation at cocktail parties, more consumers are taking interest in their credit reports. The problem with all the information and chatter is that much of it doesn’t accurately reflect what is important regarding credit scores and what is not.Take this true/false test to see where you stand:1) You should check your report on occasion whether your are applying for a loan or not2) Checking your own report can hurt your score3) Closing a credit card account you are not using can hurt your credit score4) All credit scores are not the same5) Paying off outstanding balances is a great way to boost your score immediately6) A credit score is the same as a credit report7) Comparing loans can hurt a credit score8) Debt relief options hurt more than they help…and the answers are:1) True – Reporting errors don’t happen every day but they do happen. Checking your report can save you from being surprised when you apply for a loan or a credit card. You can visit http://www.annualcreditreport.com/ for a free, no-obligation copy of your report.2) False – Checking your own reports does not damage your score. Employer and landlord checks will not damage a score either.3) True – One of the factors in calculating a credit score is the amount of unused but available credit, specifically on credit lines and credit cards. Closing these unused accounts can actually lower your credit by removing available credit from the report.4) True – Between the three reporting agencies (Equifax, Experian and TransUnion) the scores will most likely be similar but not identical as each agency receives and compiles data in different ways.5) False – Credit scores reflect an extended time frame so the sudden paying off of manageable balances won’t add much immediately. In fact, depleting cash balances to these pay off might hurt the overall review of you as a borrower.6) False – A credit report is a history of your debts, payments, available balances, and open/closed accounts. The credit score is based on a formula that takes all that information and calculates a number between 300 and 850.7)  False (and true) – Hard loan inquiries for mortgages that come in over a span of about two weeks will not hurt a credit as agencies accept that loans might shopped generating multiple inquiries. Multiple credit card inquiries can hurt a score.  8) False – For consumers in trouble debt relief options can provide viable solutions to insurmountable debt. While these options will temporarily decrease credit scores, credit counseling, debt settlement and bankruptcy each have long term advantages for getting out of debt. Debt settlement is rapidly increasing in popularity due to the immediate reduction, usually around 50%, of monthly principle payments and the reduction in principle owed by 40 to 60%. Additionally, the timeline for getting out of debt is shorter than credit counseling and filing bankruptcy. Credit counseling can help to manage bills, and lower interest rates and monthly payments to creditors when debt issues are still manageable. Bankruptcy, an even more serious alternative, should be considered a last resort and discussed with a bankruptcy attorney.Credit scores are more important ever. Knowing what affects them and what doesn’t could make a huge difference in whether you get the loan you want or get it at all. Prior to doing anything that might hurt or help your score, be certain that your actions will help your financial picture.

Bankruptcy debt settlement / Debt settlement attorney / Debt negotiation services

Fixing Your Debt Ratio with a Debt Negotiation

One of the mysteries of home loan modifications is how each lender treats the debt ratios of the homeowner. While lenders do not make the information public, law firms in the course of executing hundreds modifications with lenders have become familiar with acceptable ranges at each one. The knowledge of what lenders are looking for in terms of these ratios prior to starting the process can make the difference between the relief of getting a home loan modification and  the fear of facing foreclosure.  There are actually two debt ratios that figure in to the loan modification process. The first is the ratio of the mortgage payment which includes taxes, insurance, and HOA dues, if applicable, to the homeowner’s gross monthly income. Under the guidelines of the Obama administration’s Making Home Affordable, the ending target for the ratio is 31%. The standard of each lender, in terms of this ratio, will vary but will generally be close to that of the government program. The second ratio, which often determines whether a loan modification is approved or not, is overall expenses, including the mortgage payment, as a ratio to gross income. Lenders look very closely at this ratio to determine whether the homeowner will be at risk of slipping back into default even after the modification lowers the monthly payment. In fact, homeowners can be well under the guideline standard for the income to housing debt ratio but end up with a non-approval due to a high number for the income to total debt ratio. It should also be noted that a homeowner can get a non-approval for a loan modification if either ratio is too low due to the hardship requirement imposed by both the government and private lenders.      If the total monthly debt payments of a homeowner include obligations toward unsecured debt, a debt settlement can play a significant role in bringing the ratio to a level that fits within a lender’s parameters. For the total debt to income ratio, acceptable ranges can vary widely but generally fall within 38 to 45%. The administration‘s guideline allows for this ratio to go as high as 52% but in any loan modification the lender always has the final say. While a debt settlement has a variety of benefits, the reduction of the monthly payments associated with all debts rolled in to the settlement can have a material effect on the success or failure of the loan modification process. Because the typical reduction in payments is approximately 50%, a homeowner that that may be carrying too much in the way of debt payments can bring that ratio back in line immediately by initiating a debt settlement.Here’s how it would work: * Homeowner’s gross income is $7,500 per month.* Mortgage payment is $2,450 for a housing to income ratio of 32.6%.* The homeowner is carrying about $50,000 in unsecured debt. The minimum monthly payment on all accounts is $1,450 leaving the total monthly payment on all debt at $3,900.* The ratio of total debt to income is 52%, much too high to get approval for a loan modification.* By initiating a debt settlement, the homeowner immediately cuts the payment on unsecured debt down to $725 per month.* The new ratio on total debt to income drops to 42.3%, within the acceptable range of approval for the lender. In this example, the homeowner would receive receive further relief with the approval of the loan modification which, combined with the debt settlement, would reduce payments by well over $1,000 per month. An experienced attorney can synchronize the debt settlement and the loan modification to provide other benefits as well including timing the payoff of settled accounts to provide additional cash flow and the re-building of credit scores.

Is Debt Negotiation for You? – Debt Settlement Advice

Debt negotiation is a relatively new form of debt relief that is gaining popularity for its results in reducing credit card and consumer debt and because the process can also help homeowners avoid foreclosure by making home loan modifications more likely to be approved. There are two schools of thought on the subject; one that focuses on broken settlements, credit scores and direct negotiations while the other centers on the short and long term benefits of the practice. First, the arguments against debt negotiations:* Broken settlements – A settlement can be broken by either the party executing the negotiation or the customer. True, there have been instances were companies didn’t follow through on their promises to see the negotiation from beginning to end. The percentage of customers involved in those situations has been small and could have been prevented with some due diligence. Many companies have been drawn into the debt relief industry by the sheer numbers of borrowers and their escalating debt starting in the late 90’s. What had started as debt counseling run by a few non-profits mushroomed into an industry populated with thousands of new and inexperienced companies offering services far beyond the scope of the original mandate of assisting indebted customers with their debts Within those thousands of companies were those that didn’t deliver on debt negotiations, counseling, or consolidation.  Customers can also break a settlement by not making enough payments to settle the negotiation. Whether by circumstance or intention, some will stop making payments during the 18 to 48 months of the settlement process.  * Credit scores – A debt negotiation will likely decrease the credit score of a borrower that enters a debt negotiation, but it depends on what that score is at the time the process starts. A vast majority of borrowers that start a debt negotiation are already behind on payments and are consequently taking hits on credit scores so the negotiation won’t have as much of an effect. The second issue on credit scores is that the negotiation stays on the report for up to seven years. While that can be true, doing nothing will leave charge-offs and open balances on the report indefinitely. Finalized, settled, and closed accounts are ultimately a much better reflection on a credit report than accounts that appear intended and/or neglected.* Direct negotiation – Borrowers can initiate direct negotiations and, in fact, may be contacted by their lenders to do so. One problem with going direct is that there are normally several accounts to be negotiated, all of which will need to be done independently. A second issue is that the offers in direct negotiations are usually for lump sums or for payoffs within a few months of agreement. Those types of payments are often unworkable for the borrower, especially if there is more than one lump sum agreement at a time.  The benefits of debt negotiations are as follows:* Immediate relief – Upon initiation of the debt negotiation, the borrower will immediately experience an approximate reduction of 50% on payment obligations for all accounts involved in the negotiation. Reductions can vary, depending on the borrower’s ability to pay. By making payments in excess of the 50% reduction the borrower may be able to pay off the negotiated balances faster.* Debt balances cut by 40 to 60% – Depending on the creditor, balances can be negotiated down by 60% or more. For a negotiation covering multiple accounts the average reduction for the total is 50%. Once the negotiated balances have been settled the accounts are considered to be paid in full with no further obligation by the borrower to the lender.* A wide spectrum of accounts which can be negotiated – A debt negotiation can include credit cards, signature loans, department store debt, unpaid medical bills, unpaid utility bills, and more. This effectively gives the borrower a chance to wipe the slate clean without the disadvantages of filing bankruptcy.* Paying off all debts within four years – As credit card balances have accumulated for consumers over time, making payments that materially reduce the principle balance has become difficult, if not impossible. For those that can only afford to make minimum payments, a full payoff could take twenty five years or more. Calculated out over that time a borrower would pay many times the actual balance in interest alone. Contrast that scenario with a full payoff of debts over four years or less at approximately half the balance amount and the merits of debt negotiation become very apparent.* Increased odds of approval for home loan modifications – A debt settlement can enhance an application for a home loan modification by showing a reduction of consumer debt payments which allows for a greater availability of a homeowner’s income toward mortgage payments. In fact, a debt negotiation could be the difference between a successful loan modification and foreclosure.You will continue to hear pro and con arguments regarding debt negotiations. One thing to keep in mind is that credit counselors have been and still are backed by credit card issuers. When listening or hearing about debt negotiations, always consider the source. If you are contemplating a debt negotiation, be sure to conduct some due diligence before selecting a firm to act on your behalf. Visit the firm and ask enough questions to get comfortable with the partnership. Insist on a law firm experienced in debt negotiations and, if applicable, home loan modifications. Getting back on your feet will take partnering with the right firm and a commitment to seeing the process through to its completion. Take care of those issues, and you’re on your way to financial freedom.