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Unsecured Debt elimination, present day con artists


July 13, 2011

 

For those who have lived long enough and spent the time to pay close attention you will notice that trends often appear in cycles. What’s cool now will be cool once more 10 years from now. Just take a look at all the new fashions men and women are wearing today. You might recognize many of them from your own youth, or the youth of your parents. This is the natural order of things. Men and women grow to be crazed with something until it eventually burns itself out, but as soon as enough time has passed someone decides to bring back those old trends to go for one more round on a fresh set of faces.

This procedure of cycles doesn’t limit itself to merely fashion. It can also be observed in other facets including debt relief. To understand this, you will need to understand the various forms of credit card debt relief. The oldest of these forms is Bankruptcy. This was developed for individuals who fell on hard times to avoid being shot, hung or sent to debtors’ prison. As time continued however individuals seen that this became a device that could possibly be utilized and taken advantage of. Folks would intentionally overextend themselves and once they arrived at their max capacity, they would file for bankruptcy and get all of it wiped away.

For a long time the banks lobbied to get this changed. About 1995 the bankruptcy abuse act was created. This put stronger regulations on who could and couldn’t qualify for a chapter 7 bankruptcy. It put a bigger emphasis on a chapter 13 bankruptcy, which is a repayment program where people could wind up paying 80 % or far more back to the creditors.

To offset the losses they had been seeing because of the increase in bankruptcies, banks began to increase interest rates. After some time the interest rate caps rose to around 30 % or more. This put many individuals who had been still paying the money they owe either on a never ending cycle of paying minimum payments and getting nowhere, or on the brink of falling behind. Out of this the consumer credit counseling program arose. In most instances these agencies were run, or at least backed by the banks themselves. What this permitted individuals to do is to stop making use of their cards and put them into this program. The company would seek to lower all of the interest rates then you’d make one payment per month to the agency who would disperse that out to the creditors every month.

The good part regarding this program is that you were able to pay down the debt in five to six years. This is obviously considerably better than taking thirty or greater years. But, the negative effects was that the payment you were making was typically the same as your minimum payments in the first place, so in the event you were in a position where you had been about to get behind, then this wouldn’t avoid this.

Once again with most things, people became greedy and as a growing number of people chose to ring up their credit cards then enter them into a CCCS program seeking 0 % interest charges forever, the credit card issuers changed many of their guidelines. Several of them did away with zero percent interest levels or restricted them to a single year. They also started to reevaluate men and women after six months to a year, to find out if they still qualified for the program.

Next came the debt consolidation loan boom. As property values started to rise, mortgage brokers found increasingly more men and women with equity within their houses that could be utilized. Thus began the home loan boom. A multitude of people began to make use of their homes equity and consolidate their debt into one reduced monthly payment. But once again greed began to dominate. As the pool of potential individuals who qualified for traditional loans disappeared, the industry started to develop new ARM loans for people who wouldn’t have typically had the capacity to receive a loan. This was the start of the housing collapse. As with every bubble, if you continue inflating and blowing it up ultimately, it is going to pop. This is exactly what happened. As these adjustable rate loans started to change, several of them tripled the interest rates making the house owner to fall behind and in numerous situations lose their homes.

As you might know there are always likely to be those individuals who will benefit from people who are in dire straits. We commonly call these folks “snake oil salesmen” coined from the early years when individuals would sell make believe potions to remedy almost everything from thinning hair to rheumatoid arthritis. These get wealthy fast sort of individuals would sell this tonic to people eager for a cure. Quite often really quickly, folks would recognize that this was a scam, but not prior to many individuals would have become victim to them. If the salesperson wasn’t hanged, he’d lay low, traveling from town to town until men and women forgot about him along with the reality he was a sham, then he would pop his head up again selling his snake oil to individuals who did not know it was a scam.

Just like these snake oil salesmen, you will find folks in the credit card debt relief industry that attempt to take advantage of people in desperate situations. One sort of this get wealthy scam is what’s known as debt elimination. The concept of this is that you hire a lawyer who’ll try to sue the collectors stating that the debt is not valid. They attempt to use old loopholes in the law saying that it’s unlawful how they calculate interest rates, or forcing them to “prove” you owe the debt. Regardless of what these folks let you know, ask yourself this one question. Did you charge the debt? Did you benefit from using the credit card by making purchases for products that you owned? Unless an individual stole your card and made purchases you didn’t know about, or the bank added charges to your bill that belongs to another person, in most all circumstances the answer to that question is usually yes. That being said, you’re going to be challenged to persuade a judge that the debt is not yours and that you do not owe it.

The final type of debt consolidation program is debt negotiations. There are basically two types of debt negotiations. The first is called Debt resolution. This is when you hire an attorney to negotiate with your collectors, for you, in an attempt to get them to agree to accept much less than your full balances. The key problem with this form of debt relief, it that in most cases the debt settlement attorney will charge a retainer in addition to a monthly legal fee upfront before any settlements have been reached. This is typically on top of their settlement fees. Despite the fact that it may well appear reasonable to pay a lawyer to legally represent you, what many individuals do not recognize is that the lawyer won’t represent you in court. In fact, many of them won’t even assist with answering the summons. All they’re representing you for is to negotiate your credit card debt and that’s it. So essentially you’re paying them additional to do absolutely nothing.

The other type of debt negation is called debt settlement. As with the above example, this is where the debt is negotiated for less than what you currently owe by a qualified debt settlement company with a proven background.  Just as with the law firms you can find those debt settlement companies that may attempt to take fees upfront. Be mindful, it goes against present regulations. Any trustworthy settlement company will never charge you for their services before debt has been settled.

It truly doesn’t matter what form of debt relief you choose to go with, in the long run you need to be properly informed. A reputable company will do everything they are able to to make certain you know all of your choices and have a clear comprehension of all of them.  They won’t attempt to push you into anything and will go into great detail when reviewing your case. If you’re seeking credit card debt settlement do your research and make certain you’re dealing with a business that is willing to follow the regulations, not charge you any fees until a settlement has been reached, and who will make certain that the choice they offer you is genuinely the very best choice for you.

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