They're safer
than a debt settlement plan, in the sense that your accounts will be receiving monthly payments and your creditors won't be attempting to collect from you while you're participating in the plan (assuming that your accounts aren't already charged off).
Full show notes are available on our website including details on why a consumer proposal is almost always a vastly better solution
than a debt settlement plan.
Not exact matches
With
debt settlement plans you can pay back less
than the full balance owed on each account enrolled in the program — making your new monthly payment affordable.
Debt settlement companies approach your creditors and negotiate a
plan in which each creditor agrees to cancel the loan for less
than what you owe in exchange for a lump sum payment.
In some cases, your
debt settlement payments can be lower
than those on a credit counseling agency's
debt settlement plan.
Alternatively, you might opt for a
debt management
plan (DMP) or a
debt settlement program (DSP) if you have to pay off more
than $ 10,000 unsecured bills.
The type of services covered under the new rules are companies that promise to 1) work with a creditor to settle the
debt for a lesser amount
than is owed, (
debt settlement companies) 2) work with all of a consumer's unsecured creditors to promulgate a
debt management
plan to vary the terms of all such
debts, under a
debt management
plan (
debt management companies) and 3) negotiate with a creditor to lower the interest rate of the outstanding
debt and / or waiver of certain
debt fees, such as late fees or over the limit fees (
debt negotiation companies).
Debt management plans last for on average 48 months, which can be longer than if a person was to join on a debt settlement prog
Debt management
plans last for on average 48 months, which can be longer
than if a person was to join on a
debt settlement prog
debt settlement program.
Chapter 13 bankruptcy payment
plans can last for five years, and a consumer's payment will typically be higher
than what it would be in a
debt settlement program.
Some creditors may allow for the structuring of a
debt settlement in an installment
plan rather
than as a lump sum payment, but generally, a creditor will accept a lower amount if you offer a lump sum payment rather
than an install
plan spread out over several months.
It's an unfortunate fact that half of the people who have a
debt settlement plan longer
than 36 months drop out.
Rather
than contacting your creditors to negotiate a lower interest rate (as was the case with the
debt management
plan),
debt settlement companies negotiate to pay less
than the total
debt.
So, here is what a
debt settlement plan, aka less
than full balance and credit solutions
plans, look like for the bank, the nonprofit
debt repayment agency and the consumer:
This same circumstance probably exists now with CCA's who enroll consumers into DMP's where the customer drops the
plan after making only one or two payments, but to a far lesser degree
than would be likely in the same circumstance with CCA sponsored
debt settlement plans offered to less
than suitable candidates.
What follows focuses mostly on the aspersions nonprofit credit counseling agencies (CCA's) lob at the other side while they actively, yet quietly, attempt to carve out a niche for themselves that would enable them to offer «Less
Than Full Balance
Plans» or «Credit Solution
Plans» — which is just word play for their offering
debt settlement (can't use a term they have vilified for years).
Those who can return to responsible spending through chapter 7 discharge and settling unaffordable
debts (as opposed to stringing out payments in a DMP, chapter 13 and poorly devised less
than beneficial
settlement plan), will assist in job creation and economic recovery.
Second, if your budget dictates that you need to put the
debt settlement payments over five or six years to make a
debt elimination
plan work
than you should look at adjusting your budget or examining other options for dealing with your credit card
debt, perhaps even calling a bankruptcy lawyer.
The longer things go after the credit card company has started litigation in the court system the more likely it becomes that a creditor will refuse to participate in your
debt settlement plan and you must settle a credit card account for more
than you might want to or you will face a court hearing and its consequences such as garnishment.
(f) Except as otherwise provided in subsections (c) and (d), if a
plan contemplates that creditors will settle an individual's
debts for less
than the principal amount of the
debt, compensation for services in connection with settling a
debt may not exceed, with respect to each
debt, 30 percent of the excess of the principal amount of the
debt over the amount paid the creditor pursuant to the
plan, less, to the extent it has not been credited against an earlier
settlement fee:
A
settlement agreement via a consumer proposal, filed through a licensed trustee, provides the creditor protection you need while you work out a
plan with your consumer proposal administrator to not only combine all of your
debts into one, affordable payment, but fully settle those
debts for less
than you owe.
If your
debt is validated, our next
plan of action would be
debt settlement, where your
debt can be settled for less
than the full balance owed.