Debt Service Uk

Posts Tagged ‘Debt Collectors’

Any person that uses credit cards, owe money on a personal loan, or pays a home mortgage is a “debtor.” Taking loans and making payments has become a standard practice among homebuyers, people looking to purchase a car, or attending college or university. When a person falls behind in repaying his or her creditors or has an error in their accounts, they may be contacted by a “debt collector.” When this happens, generally most people tend to become very distraught and undergo a lot of anxiety and anguish. To alleviate this kind of anxiety, it is very helpful, empowering, and educational to know what your rights under the Fair Debt Collection Practices Act, which requires that debt collectors treat you fairly and prohibits certain methods of debt collection.

Under the Fair Debt Collection Practices Act, debts that are covered include personal, family, and household debts. This includes money owed for the purchase of an automobile, for medical care, or for charge accounts. Debt collectors are people that regularly collect debts owed by other people and they can include attorneys. Debt collectors frequently contacted people in person, or via telephone, fax, or mail. Under the Act, a debt collector can only contact you between regular hours from 8am-9pm. Any other times are strictly prohibited unless the person gives permission to the debt collector to contact them. Also debt collectors cannot contact you at work unless you give them permission. Debt collectors can be prevented from contacting people if the person in reference, writes a letter requesting that the collector stop contacting them. Once the collector receives the letter, they may not contact the person again except to say there will be no further contact or to notify the person that the debt collector or the creditor intends to take some specific action. Writing a letter of course, does not eliminate the debt. It only eliminates any harassment incurred from creditors or debt collectors. A debt collector can also contact the attorney of the person involved and also investigate the person’s background further, to obtain information such as the telephone number, the residence, and place of employment of the person concerned. Debt collectors are allowed to contact such third parties one time and are prohibited from further intrusions upon the said person’s privacy.

Within five days after the person is first contacted regarding their debt, the collector must send the person a written notice telling them specifically how much money they owe, the name of the creditor to whom they owe this money; as well as what action to take if the person does not believe that they owe this money. A debt collector is also by law, not able to contact the person again, if within thirty days of receiving the written notice, the person writes a letter stating that they do not owe the money. A debt collector can renew collection activities if they are sent proof of the debt, such as a copy of a bill for the amount owed.

When negative information in your report is accurate, only the passage of time can assure its removal. A consumer reporting company can report most accurate negative information for seven years and bankruptcy information for 10 years. Information about an unpaid judgment against you can be reported for seven years or until the statute of limitations runs out, whichever is longer. There is no time limit on reporting information about criminal convictions; information reported in response to your application for a job that pays more than £75,000 a year; and information reported because you’ve applied for more than £150,000 worth of credit or life insurance. There is a standard method for calculating the seven-year reporting period. Generally, the period runs from the date that the event took place.

Your credit file may not reflect all your credit accounts. Most national department store and all-purpose bank credit card accounts are included in your file, but not all. Some travel, entertainment, gasoline card companies, local retailers, and credit unions are among those that usually aren’t included.

If you’ve been told that you were denied credit because of an “insufficient credit file” or “no credit file” and you have accounts with creditors that don’t appear in your credit file, ask the consumer reporting companies to add this information to future reports. Although they are not required to do so, many consumer reporting companies will add verifiable accounts for a fee. However, if these creditors do not generally report to the consumer reporting company, the added items will not be updated in your file.

Having trouble paying your bills? Getting dunning notices from creditors? Are your accounts being turned over to debt collectors? Are you worried about losing your home or your car?

You’re not alone. Many people face financial crises at some time in their lives. Whether the crisis is caused by personal or family illness, the loss of a job, or simple overspending, it can seem overwhelming. But often, it can be overcome. The fact is that your financial situation doesn’t have to go from bad to worse.

If you or someone you know is in financial hot water, consider these options: realistic budgeting, credit counseling from a reputable organization, debt consolidation, or bankruptcy. How do you know which will work best for you? It depends on your level of debt, your level of discipline, and your prospects for the future.

The first step toward taking control of your financial situation is to do a realistic assessment of how much money you take in and how much money you spend. Start by listing your income from all sources. Then, list your “fixed” expenses — those that are the same each month — like mortgage payments or rent, car payments, and insurance premiums. Next, list the expenses that vary — like entertainment, recreation, and clothing. Writing down all your expenses, even those that seem insignificant, is a helpful way to track your spending patterns, identify necessary expenses, and prioritize the rest. The goal is to make sure you can make ends meet on the basics: housing, food, health care, insurance, and education.

Your public library and bookstores have information about budgeting and money management techniques. In addition, computer software programs can be useful tools for developing and maintaining a budget, balancing your checkbook, and creating plans to save money and pay down your debt.

Contact your creditors immediately if you’re having trouble making ends meet. Tell them why it’s difficult for you, and try to work out a modified payment plan that reduces your payments to a more manageable level. Don’t wait until your accounts have been turned over to a debt collector. At that point, your creditors have given up on you.

The Fair Debt Collection Practices Act is the federal law that dictates how and when a debt collector may contact you. A debt collector may not call you before 8 a.m., after 9 p.m., or while you’re at work if the collector knows that your employer doesn’t approve of the calls. Collectors may not harass you, lie, or use unfair practices when they try to collect a debt. And they must honor a written request from you to stop further contact.
Credit Counseling

If you’re not disciplined enough to create a workable budget and stick to it, can’t work out a repayment plan with your creditors, or can’t keep track of mounting bills, consider contacting a credit counseling organization. Many credit counseling organizations are nonprofit and work with you to solve your financial problems. But be aware that just because an organization says it’s “nonprofit,” there’s no guarantee that its services are free, affordable, or even legitimate. In fact, some credit counseling organizations charge high fees, which may be hidden, or pressure consumers to make large “voluntary” contributions that can cause more debt.

Most credit counselors offer services through local offices, the Internet, or on the telephone. If possible, find an organization that offers in-person counseling. Many universities, military bases, credit unions, housing authorities, and branches of the U.S. Cooperative Extension Service operate nonprofit credit counseling programs. Your financial institution, local consumer protection agency, and friends and family also may be good sources of information and referrals.

Reputable credit counseling organizations can advise you on managing your money and debts, help you develop a budget, and offer free educational materials and workshops. Their counselors are certified and trained in the areas of consumer credit, money and debt management, and budgeting. Counselors discuss your entire financial situation with you, and help you develop a personalized plan to solve your money problems. An initial counseling session typically lasts an hour, with an offer of follow-up sessions.

When the option of debt management is brought up as a means of debt relief the more ‘in the know’ will immediately highlight the major flaw of going on such a program.

Yes of course getting a management company to negotiate with your creditors, lower your monthly payments and reduce the overall amount you owe will put a few noses out of joint. And in turn the creditors will report that back to the scoring companies who will put negative marks on your credit score.

So why do people do it? And more to the point why are there so many debt management companies out there making such good living out of it?

Obviously if your debt problems are not verging on declaring bankruptcy and you’re not having trouble making payments every month then knowingly harming your credit score just to lower your payments and overall amount isn’t the cleverest of moves.

But what if you’re missing payments every month, juggling who to pay in an attempt to stay afloat and keep the wolf from the door? If you’re missing and making late payments regularly then your credit score is taking a hammering anyway and you obviously can’t keep up with all the obligations each month.

Faced with this unfortunate reality many people will throw in the towel and declare bankruptcy- what happens to their credit score then?

Cue the debt management company, champions of the oppressed debt-ridden consumers and nemesis of the attack-dog debt collectors. They’ll take on all the communication between you and your creditors, they’ll negotiate realistic payments you can afford and will lower the overall amount you end up paying back (largely interest).

They enjoy dealing with lenders and negotiating lower payments, they do it all day long, they live and breathe nasty phone calls and red bills, it gets them out of bed in the morning.

In this day and age of ever increasing ‘credit casualties’ who find themselves in between a rock and a hard place there is definitely a need for a service to cater for those who have reached the end of the line and have nowhere else to turn except for the dreaded big B.

Faced with debt problems many people’s first instinct is to consolidate. When you think about it consolidating is just borrowing the amount you owe plus whatever interest the consolidation loan incurs. Adding to you debt or ‘borrowing your way out of debt’ is just increasing the amount of your debt and the amount of time you will be in debt.

If you are not at rock bottom and looking for a smart way to become debt free quicker then no, debt management is not for you, however it definitely has it’s place and many a consumer is sleeping better, worrying less and enjoying a better quality of life right now for it.

That’s not to say that there aren’t abusers of the system to be wary of, just like the rest of the credit and debt industry. You should look for the usual red flags when prospecting any credit or debt related service:

• How much do they stand to make out of you?
• How much information will they give you about their program before you join?
• What are they prepared to do for free?
• Are they affiliated with any financial institutions or lenders?

Like with anything in this field the more educated a consumer you are the better choices you can make for your own unique situation.

Debt management is all about immediate relief, and to many it is a welcome relief to become free from harassment and be able to financially breathe again. So is the credit score damage worth it? If it’s taking damage from missed and late payments anyway and/or bankruptcy is staring you in the face there’s really no other option.