The Debt Negotiation Process

The debt negotiation process is a strategic and a timely matter. There are many contributing factors to consider, in order of ACHIEVING successful negotiations. First off, you must verify the delinquency status. A creditor is more likely to engage in negotiations according to the age of the account, in an attempt to avoid a net loss. (A debt is written off around 180 days to 220 days) During that time period, you can achieve a significantly lower settlement offer. Once the debt has been written off, it is no longer an active asset. At that point, the original value of the debt has depreciated, and the creditor must recovery net gain in order gain profit and maintain a financial relationship with investors. In order to obtain a net gain, the creditor must either employ a collection agency at a fraction of the cost, or sell the debt to debt buyer. Secondly, if the debt has to be negotiated with a collection agency or debt buyer, the third-party collectors are directly regulated by the Fair Debt Collection Practices Act administered by the Federal Trade Commission.

It’s for these reasons that consumers oftentimes seek the help of a debt negotiation company. Professional debt negotiators are thoroughly trained and learn effective and strategic negotiations skills to arbitrate debt settlement with creditors, collectors and attorneys on behalf of the consumer. Professional debt negotiations is the most effective alternative to reduce the total outstanding balance on an average of 40%; the payback is considerably less and the time frame for the payback is shorter; which enables the consumer to regain control over their personal finances, rather than just reducing interest and fees.

Robert Zangrilli
http://www.articlesbase.com/debt-consolidation-articles/the-debt-negotiation-process-139079.html

Monday, November 16th, 2009 Debt

8 Comments to The Debt Negotiation Process

  1. I am in the process of fixing my credit so I can buy a home. Would it be easier to deal with the creditors?
    myself and go through the negotiation process or allow a debt counselor to help me out?

    If you choose the debt counselor can you please give me a few names as to some good agencies to go through and if you have ever been through this process can you give me some good tips that I can use.

  2. rottie mommy on November 16th, 2009
  3. It is not that hard to do it yourself, Save the fee the debt counselor will charge and use it towards one of your debts. Keep in mind that if you do negotiate with your creditors for a lower amount than you owe that you will end up paying taxes on the amount not paid.
    References :

  4. Joken on November 17th, 2009
  5. hi, i’m actually a Mortgage Banker and my opinion is to try to fix it your self. Sometimes its harder to get home financing if your in the middle of a credit couneling program. Look on-line at myfico.com (i think) you should be able to contact all three credit reporting agencies. Experian, Equifas and Transunion.
    good luck!
    References :

  6. Heather P on November 17th, 2009
  7. either way.. you have 7 years of negative credit on your report
    References :

  8. 1970 Mopar Muscle Gal on November 17th, 2009
  9. Find your local HUD (Housing and urban development) office and talk to a credit counselor there. They are government funded and completely non-profit, so you can be sure they are looking out for your best interests. Every case is different, and they can help you decide what will be the best road for you. This is what I did and I’m getting ready to get my loan now. It’s the best decision I could have made, there are so many pitfalls along this road that I’m sure I would have fallen into without their advice. They usually also offer courses for first time home-buyers full of valuable tips.

    And, if they think a debt counselor is a good idea for you, they know which ones are reputable and which ones are predatory. Best of all, they charge little or nothing for their services.
    References :

  10. KyLeth on November 17th, 2009
  11. From everything I have heard, if u have the debt counselor’s "pay" the debt’s, that it actually hurts u because most lenders look at it like filing bankruptcy. It would show them u r not capable of handling your money.
    References :

  12. pointless74 on November 17th, 2009
  13. I am also a mortgage consultant, and I will tell you that if you are purchasing a home any time in the next 7 years, if you go the credit counseling route…most lenders DO in fact treat that like a bankruptcy. That doesn’t mean that you cannot purchase a home but it does mean that your rates are going to be very very high. I also have heard soooo many stories of people that went to debt counselors to only find out that they didn’t pay off their debts and made the problem with creditors worse. I can’t say which necessarily is the best route for you because I can’t see what your credit looks like, but I would try working on it for yourself. If it is too much to handle on your own or get under control…and you have no other options…I would seek out a reputable debt counselor. But again, that is worst case scenario…because that will show on your credit that you are in a counseling program and that will in turn affect getting loans in the next 7 years.
    References :

  14. Jenna S on November 17th, 2009
  15. =======================================
    Facts You Should Know BEFORE Considering
    Credit Counseling or Debt Consolidation

    http://gaby1221.niesong.hop.clickbank.net
    =======================================

    There is one topic which every
    time I write about it seems to generate
    some hate mail while at the same time
    spawning a flurry of wonderful praise
    from consumers. Of course, the hate
    mail is always from a few people that
    happen to own these "certain types" of
    businesses I discussed and those
    businesses of course are Credit
    Counseling or Debt Consolidation
    companies; of which many "claim" to be
    non-profit organizations.

    You’d almost have to be an ostrich
    with your head stuck in the sand to not
    see or hear at least one advertisement
    a day from a Credit Counseling or Debt
    Consolidation Company. However, you
    can expect this to change and change
    soon. Since this is a topic which
    tends to "stir up" the owners of these
    businesses, I am going to take a
    different approach by NOT sharing my
    opinion, but rather, the opinion of
    others. I will start with the news
    media and the Internal Revenue Service:

    "(NPR News, May 15, 2006). The
    Internal Revenue Service is revoking
    the tax exempt status of some of the
    largest credit counseling agencies in
    the country. An IRS investigation
    disclosed that the firms solicited
    business from people seriously in debt
    and that they didn’t provide counseling
    or consumer education, as required.

    Prodded in part by a congressional
    oversight committee and consumer
    advocates, the IRS began investigating
    dozens of credit counseling agencies –
    most holding non-profit status — two
    years ago. IRS Commissioner Mark
    Everson says the companies "poisoned an
    entire sector of the charitable
    community."

    Everson says in many instances,
    companies were organized merely to
    funnel business to loosely affiliated
    for-profit companies. Many of the firms
    spend millions of dollars on
    commercials that urge anyone with debt
    to call them to solve their financial
    woes. And because tax-exempt
    organizations are not bound by the
    federal do-not call list, the firms
    were able to randomly call consumers,
    pitching their services under the guise
    of a non-profit counseling service.

    The IRS investigations are also
    likely to affect consumers, thanks to a
    new bankruptcy law that requires
    consumers considering bankruptcy to get
    counseling before they are allowed to
    file. The IRS wants to ensure that only
    legitimate non-profit agencies are
    doing the counseling. In addition to
    the actions announced Monday, the IRS
    is sending more than 700 compliance
    letters to the rest of the credit
    counseling industry (END)."

    Since almost all Credit Counseling
    and Debt Consolidation companies claim
    a non-profit status, I feel most
    consumers are easily sucked in with
    their skepticism and defenses at bay.
    After all, when most of us hear the
    word "non-profit" the first thing we
    usually think of is a church or
    homeless shelter.

    From the NPR article and the
    actions of the IRS, I think it’s fair
    to assume that many of these "non-
    profit" organizations have been
    operating under a scenario similar to
    that of a wolf guarding a hen house.
    However, this doesn’t mean all credit
    counseling and debt consolidation
    companies are bad but… you do need to
    know the truth about how they operate
    and their limitations.

    The first thing you want to
    understand is these companies are ALL
    more interested in making money off you
    than they are in preserving your credit
    rating. The bottom line with either
    credit counseling or debt consolidation
    is that it absolutely ruins your
    credit. I can just hear the companies
    arguing this with a consumer right now,
    telling them nonsense like "It helps
    your credit since it tells creditors
    that you’re working on your situation
    and not just running away from it."
    Listen… if one these places tells you
    that than watch out. Why? Because
    they will lie to you about other things
    as well!

    One of the first actions these
    programs usually requires you to do is
    for you to CLOSE all your revolving
    credit accounts. You then make
    payments to the organization and they
    take care of everything for you. What
    this says to all your creditors (as
    well as anyone considering giving you
    credit) is that you are so out of
    control with your finances that you
    can’t even manage paying everyone back
    on your own. Therefore, you’re hiring
    someone else to do it for you!

    99% of the time these companies
    will claim they can negotiate with your
    creditors and get interest rates
    reduced thereby saving you money.
    While this is true, what’s also true is
    you can easily negotiate these same
    rates as well as they can by just
    calling your creditors yourself. You’d
    be amazed at how many of your creditors
    would love to hear from you (especially
    when the chips are down!). Not too
    mention, any money the counseling
    company was to save you would more than
    likely be sucked back up by their
    monthly fees (usually around $500 to
    $1,000 per year).

    This brings us into a whole other
    dynamic of their business model.
    Because these companies always make
    their money off of monthly fees paid by
    the consumer, the longer they can keep
    those monthly fees coming in the more
    profitable their business will be.
    It’s for this reason that most
    consumers who sign up with these
    companies usually find themselves on
    payment plans with the lowest monthly
    payment possible (which turns out to
    also be the LONGEST payment plan as
    well). Not surprising is it?

    Am I against Credit Counseling and
    Debt Consolidation companies?
    Absolutely not. After all, there are
    millions of people in America who will
    never be able to manage their finances.
    Credit to them is a destructive
    addiction much like alcohol or drugs
    and they will never be able to control
    it. Instead, it will always control
    them. We’ve all seen these people.
    Every time they are extended credit
    shortly thereafter they are in
    financial trouble (usually blaming it
    on some external factor). For these
    people I think these credit and debt
    counseling programs can be a good thing
    (as a ruined credit report is not a
    hindrance to them but actually an
    asset). It keeps them out of future
    financial trouble by forcing them to
    live their lives on a "cash and carry"
    basis; which is ultimately conducive to
    a better standard of living down the
    road.

    On the other hand. If you’re good
    with your finances and have control
    with credit but went through some type
    of hardship beyond your control in the
    past (i.e. divorce, job loss etc); then
    the services of these companies will
    never be for you. You will do far
    better and preserve your credit rating
    by taking matters into your own hands.
    Reason being is that you understand
    your credit rating is a powerful tool
    that can help you move ahead faster,
    help others and help yourself as well
    as create the life you want. It all
    comes down to self management. We all
    know that those who cannot manage
    themselves will ultimately be managed
    by others. Credit is no different.
    When you learn to manage it well, you
    are the master and it is the servant.

    If you care about your credit and
    want to benefit from it in the future,
    then you will never rely on a credit or
    debt counseling service to help you get
    out of any trouble you find yourself
    in. Instead, you’ll look inward and
    get yourself out while preserving your
    credit rating the best you can. Credit
    and debt counseling is for people who
    are "ok" with throwing their credit
    rating in the trash so they can have
    "someone else" manage their payments
    for them (since they are unable to
    manage them themselves). And again, as
    far as negotiating interest rates, you
    can do just as good as them or better.
    If you don’t believe me just call any
    of your creditors and straight out tell
    them your situation. You will quickly
    find you don’t need to be afraid of
    them. They just want to get paid like
    the rest of us.

    In a few days we’ll be talking about…

    "The Truth About Creating an Alternate
    Credit File"

    =======================================
    Terry Price is the founder of Consumer
    Education Group which publishes the
    Credit Secrets Bible (in print since
    1994).

    For more information on the CREDIT
    SECRETS BIBLE you may visit:

    http://gaby1221.niesong.hop.clickbank.net
    =======================================
    References :

  16. Luis C on November 17th, 2009