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Unsecured Debt Elimination, New Age Snake Oil
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July 9th, 2011FinanceIf you have lived long enough and took the time to pay close attention you may notice that trends tend to appear in cycles. What is cool now will likely be cool once more 10 years from now. Just have a look at all of the new fashions folks are wearing nowadays. You may recognize a few of them from your own youth, or the youth of your parents. This is the natural order of things. Individuals grow to be crazed with something until it ultimately burns itself out, but when enough time has passed somebody chooses to bring back those old trends to go for one more round on a fresh set of faces.
This method of cycles does not limit itself to simply fashion. It can also be seen in other facets such as debt relief. To understand this, you will need to understand the different varieties of credit card debt relief. The oldest of those forms is Bankruptcy. This was developed as a way for people who fell on difficult times to steer clear of being shot, hung or sent to debtors’ prison. As time continued however folks seen that this became a tool that might be utilized and exploited. Individuals would purposely overextend themselves and when they hit their max capacity, they’d seek bankruptcy relief and get it all wiped away.
For years banks lobbied to have this changed. About 1995 the bankruptcy abuse act was established. This put stronger rules on who could and couldn’t qualify for a chapter 7 bankruptcy. It put a bigger focus on a chapter 13 bankruptcy, which is actually a repayment program where folks could wind up paying 80 % or more back to the creditors.
To balance out the losses they had been seeing because of the rise in bankruptcies, the banks began to increase interest levels. After time the interest rate caps rose to around 30 % or more. This put many people who had been still paying their debts either on a never ending cycle of paying minimum payments and getting nowhere fast, or on the edge of falling behind. Because of this the consumer credit counseling program came into being. In most situations these agencies were run, or at the least backed by the lenders themselves. What this enabled folks to do is to stop using their cards and enter them into this program. The agency would try to lower all of the interest rates then you would make one payment per month to the agency who’d distribute that out to the creditors on a monthly basis.
The good part with this program is that you were able to pay down the debt in five to six years. That is obviously considerably better than taking thirty or more years. But, the downside was that the payment you had been making was normally the exact same as your minimum payments in the first place, so in case you had been in a position where you had been about to fall behind, then this would not prevent this.
Once more with most things, folks became greedy and as a growing number of folks decided to ring up their cards then enter them into a Consumer Credit Counseling program seeking zero percent interest for good, the credit card banks changed many of their guidelines. Many of them did away with zero percent interest levels or limited them to one year. Additionally they began to reevaluate folks after six months to a year, to ascertain if they still qualified for the program.
Subsequent came the debt consolidation loan boom. As property values began to rise, mortgage brokers found a growing number of folks with equity within their homes that might be tapped into. Thus began the home loan boom. Thousands upon thousands of folks began to utilize their homes equity and consolidate their debt into one lower monthly payment. But once more greed began to dominate. As the pool of potential people who qualified for conventional loans dwindled, the industry began to develop new ARM loans for people who would not have typically had the opportunity to receive a loan. This became the beginning of the housing collapse. Just like any bubble, if you keep inflating and blowing it up ultimately, it is going to pop. And this is what happened. As these adjustable rate loans began to change, many of them tripled the interest rates forcing the property owner to go delinquent and in several situations lose their homes.
As you might know there are constantly going to be those people who will make the most of people who are in dire straits. We generally call these folks “snake oil salesmen” coined in the early years when folks would sell fictitious potions to remedy everything from baldness to rheumatoid arthritis. These get rich fast kind of folks would sell this tonic to folks anxious for a remedy. In many cases quite quickly, folks would recognize that this was a scam, but not before many people would have fall victim to them. If the salesperson was not hanged, he would lay low, going from town to town until folks forgot about him and also the reality he was a sham, then he would pop his head up once more selling his snake oil to people who didn’t know it was a scam.
Just as these snake oil salesmen, there are folks in the credit card debt relief industry that try to make the most of folks in desperate situations. One kind of this get rich scam is what is known as debt elimination. The concept of this is that you simply hire a lawyer who will try to sue the credit card companies stating that the debt is not valid. They try to make use of old loopholes in the law saying that it’s illegal how they calculate interest rates, or forcing them to “prove” that is is your debt. Regardless of what these folks tell you, ask your self this one question. Did you charge the debt? Did you benefit from using the credit card by making purchases for merchandise which you owned? Unless somebody stole your card and made purchases you didn’t find out about, or the bank added charges to your bill that belongs to another individual, in almost all situations the answer to that question is usually yes. That being said, you are going to be challenged to convince a judge the debt is not yours and that you don’t owe it.
The final type of debt consolidation program is debt negotiations. There are essentially two kinds of debt negotiations. The very first is called Debt resolution. This is where you hire an attorney to negotiate with your credit card companies, in your stead, in an attempt to get them to agree to accept less than your full balances. The main problem with this type of debt relief, it that in many situations the debt settlement lawyer will charge a retainer as well as a monthly legal fee upfront before any settlements have been achieved. This is normally on in addition to their settlement fees. Though it might seem reasonable to pay an attorney to legally represent you, what many people do not realize is that the lawyer won’t represent you in court. Actually, many of them won’t even help with answering the lawsuit. All they are representing you for is to negotiate your credit card debt and that’s it. So essentially you are paying them additional to do absolutely nothing.
The second type of debt negation is called debt settlement. As with the above example, this is where your credit card debt is negotiated for less than what you currently owe by a qualified debt settlement company with a confirmed track record. Just as with the lawyers there are those debt settlement companies that can try to take fees in advance. 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 does not matter what type of debt relief you choose to go with, in the long run you will need to be well informed. A reputable company will do everything they can to make sure you are aware of all of your possibilities and have a clear comprehension of all of them. They won’t try to push you into anything and will go into great detail when looking at your case. If you’re seeking credit card debt settlement, do your research and make certain you are 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 option they offer you is really the best choice for you.
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