Last year nearly 1.5 million consumers turned to the bankruptcycourt system to seek relief from their debts. Much of that debt wasconsumer debt racked up on credit cards. Medical bills were thesecond largest cause of debt.
Along with the rise of bankruptcy cases there is a veritableexplosion of nonprofit credit counseling agencies seeking to "assist"consumers with their debt management. Unfortunately, the name doesnot always describe the company these days.
Some state regulators and even the IRS are starting to investigatethese counseling companies for fraud and other corporate no-no's.
Example 1: Nonprofit company A is hooked up with for-profit companyAA. When a client comes to company A, they pay a "voluntary" fee andthen are set up with company AA which makes them a debt consolidationloan. Ergo, no counseling took place, lifestyles did not change, andthe consumer will be back in credit card trouble again within a fewshort years.
Example 2: Nonprofit company C sets up an easy-once-a-monthrepayment plan for the client. The fee for this plan can range from asmall "contribution" to equal to one months repayment amount. Thenthe company fails to pay the bills on time, or at all, and the clientwinds up with a worse credit history.
What can you do to protect yourself from these for-profit nonprofits?
Call the Better Business Bureau and see if the credit counselingagency has any complaints lodged against it. Also check outwww.nasconet.org the website for National Association of StateCharities Officials and find the state agency charged with oversightof charitable groups in your area. Are there any complaints on record?
Don't rush and fail to read your contract and make sure youunderstand every word. If you don't understand what the contractsays, don't sign it.
Get all oral promises in writing, avoid outrageous claims anddon't believe claims that creditors settle for less than the fullamount owed. Many creditors are requiring more stringent scrutiny ofdebtors before even reducing interest.
Watch the hustle about "voluntary fees". Either a fee is required,or not. Pay attention to the monthly service charges for the DMP -debt management program. If the non-profit company requires anupfront fee equal to one month's repayment, go somewhere else.
After you do sign up for a DMP, check with your creditors on aregular basis to make sure the company is doing what they promisedand paying your bills on time. Even if you are with a debt managementprogram, when the creditor doesn't receive their money, the damage isdone to your credit report.
Hopefully, the IRS will soon weed out the bad companies from thelegitimate counselors. The time estimate is from a year to more thanfive, and that's if the companies have not met the letter of the lawand are blatantly breaking a law. Until the bad apples are shut downyou have to do your homework and find a good counseling organizationthat will help you set up a budget to ensure that you can afford therepayment program.
When looking for a debt counseling company, I recommend that you goonline to www.google.com, and type in Consumer Credit CounselingService (CCCS) plus your state or city. This will help you narrowyour search down to the members of the Consumer Credit CounselingService in your locality. Also, you can look at www.nfcc.org whichis the website for the National Federation of Consumer Counselors,many of whom operate under the label of Consumer Credit CounselingService. This label is a term used only be accredited agencies whoare true non-profit agencies legitimately operating for the good ofthe debt burdened public.
One final word of warning, if it sounds too good to be true, itprobably is. When you seek a consumer counselor to help you set up adebt management program, don't sign anything unless they actuallycounsel you and help you set up a budget you can live on and stillmake the monthly payments to pay off your debts.
Roger Sorensen
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