A Not So Unique Situation

I just received this email…

Hello Mr. Diaz and team, (it's Diez, but close enough)

I realize that "everyone" has a special story but after going over your website I thought an email might be the best avenue of communication as I need your input and this will allow you to have my history in writing.

My name is Pat.  In 2008 I lost my job of 11 years working from home shortly after moving to our remote retirement home in the mountains – when they declared bankruptcy.  We are now an hour away from the nearest grocery store so finding another job was really, really hard. 

As a matter of fact, I could not find a job so I just opened up my own Virtual Assistant business and only recently starting making enough to keep our heads above water.  I work from home making appointments for insurance agents now.

(Awesome. You looked adversity in the eye and didn't blink. You did not play the victim but instead became proactive and found a solution. You are an inspiration to others in your situation. Kudos!)

From checking your website, I believe I may have made a bad decision.  At the time, it seemed the best thing to do.  We had about $25,000 in credit card debt and it was eating us alive…penalties, late fees, and increased interest rates all went to keep us from lowering the balance at all so I signed up with Freedom Debt Solutions and have been on with them for about 5 months.

They are supposed to be able to "settle" the credit cards for about 50% and it has helped us to be able to make a monthly payment of $429 to a separate account that they monitor and keep our budget together. 

My understanding is that all should be settled and creditors paid within 3 years so I suppose that means my credit score will be in the dumps for that length of time…or until I can afford to pay enough in that they can settle with the 5 creditors I turned in to them.

I am also in the process of trying to get a loan modification on our home – don't know if that will work or not and don't know what effect that will have on the credit score.  Our current interest rate is 6.975 and we bought our place in 2007 so our credit was not in too bad a shape at that time. 

We do have our house up for sale and if we can sell it, then we would pay the balance needed to Freedom Financial to settle with everyone and try to scale way back on what we have so far as a home….and I am sure the way things stand right now, I would have to "rent" until we could get our credit built back up.

(Between you, me, and the thousands who read this blog…the real estate market is going to drop another 10-20% by 2012. Don't buy yet. Rent for as long as possible. Improve your credit. You will be able to scoop up houses for pennies real soon.)

Currently this is our monthly financial snapshot:
•    Mortgage: $1628
•    Auto Payment: $610
•    Freedom Debt: $429
•    Life Insurance: $240
•    Gas: $150
•    Utilities: $300
•    Groceries: $600
•    Auto and Health Insurance: $100

•    Telephone:  $250 (used in Virtual Assistant business)

•    Misc. $150

(A little tip…Try using skype instead of your standard phone line. Its way cheaper and comes with all the bells and whistles. Make sure you use a USB headset and you'll sound crystal clear. We use them at Score More Credit. Get pamela for skype. Its a free download that will let you record calls and even transfer calls to other telephone lines. It should save you about $150 a month on the phone service expense.)

Our family consists of my husband who is almost 63, I will be 66 in September and my Mom who lives with us will be 86 in September.  We all draw Social Security and David and I both have a little retirement check from AT & T and Alcoa each  month plus my Virtual Assistant income. 

(Note to all seniors. Social security and medicare are going to crash if the dollar doesn't crash first. If you are surviving on fixed income, you had better find some work. Cost of living is on the rise and government programs will fail.)

Both my husband and I have made good money most of our lives and now that we are supposed to be getting ready for retirement all I see is me working at this desk until I die.  Bad investments have depleted our savings so yes – good credit means a lot.  I just don't ever want to have credit cards again that I cannot pay off at the end of the month.

(Smart decision about the credit cards. Unfortunately, you are dead on. You will have to work, and so will your husband. My parents and relatives as well. Everyone on fixed income will have to work. I wouldn't lie to you.)

Ok, that is the history.  My question to you is WHAT would you suggest I do?  I am completely open to listen to suggestions and would like to find a way to expedite our credit repair.  I do like that about your service that you are "fast" but should I try to do it now or wait until I can get the credit cards settled or DO you settle credit cards too?

Thanks

Pat

A:

I'm not going to pull any punches, so put your hands up for a dose of harsh reality.

Fixing your credit is your last priority. Paying off your debts as quickly as possible is your first priority.

Focus on building your business and paying down your debts. There are dozens of free resources that offer mentoring for small businesses like yours. Try SCORE for one.

Your husband should start looking for consulting work. Anything that will help you get out of debt faster. Do it now and he'll have established clientele before the rest of the country starts competing with him. 

You're stuck in your credit squeeze. The damage 5 months worth of late payments has already done to your score is irreversible, so you might as well ride it out.

At least settling your debts will only affect your score for 7 years. A bankruptcy would've taken 7-10 years depending on the type filed. Don't forget you'll have to pay taxes on the unpaid amounts, so factor that into your budgeting.

Uncle Sam needs money bad. Not only are they raising taxes across the board, but it seems the only place to get a job for the next few years is at the IRS. They'll probably be hiring in the hopes of collecting more taxes.

The fact that you stepped up and started your VA business tells me you're going to be just fine. I just wanted you to have all the facts, so you could adjust your mindset about what more is coming your way.

You are a shining example of what you should do to take back control of your future. Thank you for sharing your story and question, Pat.

If you, dear reader, don't know what you can do to make more money, please check out www.CreditRepairAcademy.com/freevideo.

I'm looking for partners to help me reach 100,000 people and get their lives back on track financially. It's a great opportunity to give to your community and make a great income while you're at it.

The best part? Its free.

Hurry! I'm closing the doors this Monday.

Posted in Budgeting | Leave a comment

How To Remove A 30 Date Late Payment

Bob asked…

How long does a 30 day late stay on your credit? I made 2 payments after 30 days, but brought them current. Do they ever report them as paid?

A:

Your credit card or loan payment is actually due at the end of the billing cycle. Your lenders typically give you another 30 days to make the payment and only report you as late if you exceed those 30 days.

If you've never been late before, most lenders will often waive the late fee and negative remark on your credit as a courtesy if you just ask them and explain why you were late.

They're probably not going to play ball if you have two late payments unless you have a valid reason like a medical emergency, a natural disaster or a death in the family. But hey, it won't hurt to ask, right?

Once your payment is brought current your account will be reported "paid as agreed", however the dates you were late will stay on your credit report for 7 years…assuming of course they are accurate and verifiable.

Posted in Credit repair, Late payments | Leave a comment

Can You Cancel An Automated Debit?

Q:

Do you know if you ask a payday loan company to stop a debit is it legal for them to continue to do so? I had a pay day loan and I asked to stop the debit.  I wanted to pay by credit card. They told me unfortunately they cannot stop the debit every two weeks. I guess I will just have to go to my bank. I have 3 judgments and 4 collections all over 4 years old. 2 judgments paid. One paying on a settled account from 4 years ago. How are you in removing them?

-Joann

A:

No one can charge a debit or credit card without your authorization, even if you signed a contract allowing them to charge an automated debit every month.

If you call and tell them not to charge your debit or credit card, they must stop charging it. If they don't, you can reverse the charge with your lender.

Its much harder to reverse a charge on your debit card than it is on your credit card. Its better to use credit cards specifically for this reason.I would cancel that debit card and contact the company with your new payment information.

Even though they can't charge a card without your authorization, you are still obligated to pay or face the consequences of a collection or eventual judgment against you.

Regarding removing collections and judgments, we audit your credit for inaccuracies. If the items are accurate, then they cannot be removed. If there are ANY inaccuracies, such as date of occurrence or amount, we will force them to correct or delete by asking them to provide proof of their accuracy.

In many cases, they simply won't respond with the documentation either due to time or operating constraints. If they fail to provide proof, the items will be deleted.

We are currently testing a new business model…Pay for Results Only. Other than a small set up fee, you only pay for items we correct.

Call us for your free credit review at 888-897-7084, ext. 1, to find out if you qualify.

Posted in Credit Cards, Credit Repair Services, Credit repair, collections | Leave a comment

What Are The Tax Consequences For Settling A Collection?

Q:

What recourse does a person have after settling a debt with a credit card company? After the settlement is made and the credit card company sends a 1099 to the person, are they required to pay taxes on the settlement, or are there recourses. Thanks-Thomas

A:

I'm no accountant, and you should run your tax questions past your accountant, but its my understanding that there are tax consequences to settling your credit card debts.

Here's my understanding of how it works…If you go 90 days or more into default, the lender may take a tax loss on the books and charge the debt off as noncollectable. They usually then send it to a collection agency to collect for them and send you a 1099 for the charged off amount.

If you then settle for a lesser amount, you still get a 1099 for the balance you didn't have to pay. Just because the lender didn't get it, that doesn't mean Uncle Sam will let you have it tax free. They consider money you borrow and don't pay back part of your income.

The amount you send to the lender is taxable income to them.

In either case, if they report the incident on your credit report accurately, it will stay on there for 7 years. The clock starts ticking when the last payment is made or the first dunning letter was sent, which ever was last.

Posted in Credit repair, collections, taxes | 1 Comment

How To Get Your Lender To Reverse A Collection.

Q:

What if my accounts are in collection? Could I still bring them current? If that is possible how would that work? -Adil

A:
There are a number of strategies you could use to handle a collection. Which one you choose will depend on some variables like how much, how old, who was the original lender, who is the collection agency, do they own the debt or are they a third party collector, etc.

In some situations it is possible to get a lender to reverse a collection. The best scenario would be a debt that was just charged off and sent to a third party collector within the past 30 days.

In some cases the lender can buy back the debt or have a 30 day out clause which allows them to cancel the account transfer. Then you just have to work out how they will report to the credit bureaus in exchange for your payment.

I know it sounds complicated, but that's why I created a step by step system to show you how to handle any credit repair situation. You can try it for 14 days for only $7.

Get it here: www.TheCreditAudit.com

Posted in Credit repair, collections | 1 Comment

What to do if you receive a summons.

Q:

Hi Brian,

Once a Creditor enters a Summons to take you to court for amount owed on a credit card, what is the best way to handle that? I'm currently enrolled with your program and am not sure what I need to do at this point. I look forward to your response. – Johanna

A:

The lender is sending you a message that they mean business. This is a good sign though because this usually also means they are open to communication and negotiation.

You have 2 choices. What you do depends on your goal and finances.

Choice 1Contact them and negotiate a settlement. Court and attorneys are expensive. the legal system moves like molasses flowing up hill. No one wants a long drawn out legal battle. They just want their money.

You can call or write them and offer a settlement. I have successfully negotiated settlements for just 30% of the outstanding balance in these situations. Start low and let them drag you up to a more reasonable number slowly. Make sure they are well aware of your financial hardships and they will be more likely to come down to a lower number for you.

Just make sure you don't pay anything until you get it all in writing.

Choice 2 – Stall. If you don't have the money, then you need to stall until you do. If you don't answer the summons, then they'll win by default.

You can retain an attorney for this, or respond Pro Se (meaning – "on your own behalf"). I would suggest going to www.justanswers.com and asking an attorney to provide you with a Pro Se response template and instructions on how to respond.

Once you do respond, it may take over a year to get to court. By then, you should have worked out a settlement and gathered the cash to seal the deal.

Definitely consult your attorney before you follow any of my advice. I'm not an attorney. I'm just sharing what I have done with success in the past.

Posted in Credit repair, Law Suits, collections | 4 Comments

Can A Minor Have A Collection?

Q:

I'm having a really hard time with my credit. You see, I'm twenty and already having problems. The collection I received was for may of 2005. I would have only been 15 years old. What can I do? – Taylor

A:

First, dispute the item with the CRA’s. Tell them the debt isn’t yours.

If the item doesn’t come off, write the collection agency and request proof the debt is yours. Send all correspondence by certified mail. Never speak with them by phone.

Regardless of how they respond, write the CRA’s again and dispute the item. Include a copy of the certified letter you sent the collection agency and inform them you were a minor at the time and were incapable of entering into any contractual agreements, so it couldn't have been you. Send a similar letter to the collection agency, again certified mail.

This may take some persistence on your part. The collection agencies don’t care that you were a minor or whether or not the debt is even yours. They just want to collect. They’ll do whatever they can to get their money, unless it looks like you’re going to fight back and cost them money. They hope you’re under pressure and need your credit so you’ll pay them to go away. But don’t come out threatening law suits either. Build your case and gather proof.

NOTE: I'm not an attorney and I'm not offering legal advice. You should consult with an attorney regarding legal issues, such as a minor's ability to enter into a contract without the express written permission of their legal guardian.

Posted in Credit repair, collections | Leave a comment

Lenders Penalize Borrowers Who Dispute

I got this great email the other day:

Howdy Brian,   FYI – While a potential borrower applying for a mortgage loan has the right to dispute inaccuracies on his/her credit report, Lenders are now declining loans with disputes on their credit report.  The borrower is required to remove the dispute in  order to have an underwriter approve their mortgage loan application.  -Mike Lindeman, Mortgage Loan Officer, Pilgrim Mortgage LLC

Great point, Mike. Lenders are now penalizing borrowers for trying to dispute inaccuracies off their credit while trying to apply for financing. The reason? While the CRA's are investigating a dispute the negative tradeline doesn't get factored into your FICO credit score. That means it is temporarily higher than it would be normally.

You can get around this problem by requesting the original creditor provide proof of their remarks directly, without first involving the CRA's.

Just more proof that sometimes fixing your own credit may not be the best idea.

Posted in Credit Repair Results, Credit repair | 2 Comments

Is It Against The Law To Delete A Collection?

Q:

When trying to negotiate the removal of a collection, most creditors say that its against the credit reporting laws and they can't delete the collection, all they could do is show it as paid.  Any suggestions or magic pills? – Brian

A:

That is inaccurate. The law has nothing to do with it. Creditors and collection agencies have a contractual obligation to the CRA’s that if they report, they must report accurately. There’s nothing in their contract that says they have to report anything at all. 

Posted in Credit repair, Debt Settlement, collections | 1 Comment

Do Settled Collections Hurt Your Credit Score?

Q:

Hey Brian, I have quiet a few collection accounts on my report and some of them are settled. I was wondering if a settled account on the report counts against your score instead of helping it?

- Joel

A:

The old school of thought is that settling a collection can hurt your score because your payment will update your date of last activity (DLA) for that particular trade line. to recap, a recent collection causes more damage than an older one. After a year or two the affect on your score diminishes.

While that may be true, a settled collection will normally hurt your credit score less than an open collection, even if the settled collection is more recent.

Of course, your best bet is to negotiate the removal of the collection remark from your credit in exchange for its payment. Then you get the best of both worlds.

Posted in Credit repair, Debt Settlement, collections | 2 Comments