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Debt Settlement Solutions: Slow Torture vs. Fast Relief!

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Consumers researching debt settlement solutions need to be aware that there are two very different approaches to the strategy: the Long-Term Method or Fast-Track Debt Settlement™ (pioneered by ZipDebt). We might also call these “Slow Torture” or “Fast Relief.”

The Long-Term Method is where you start the project with nothing to work with – no nest egg, no stocks or savings, no IRA, no family assistance, no assets to liquidate, and so on. You have hope and that’s about it. When your only financial resource is your paycheck, the source of settlement funds is limited to the stream of cash previously associated with the minimum monthly credit card payments, now diverted to a set-aside account for settlements.

Since the pace at which funds build is slow, it’s usually only possible to settle ONE ACCOUNT AT A TIME. This will go fine for a while, but eventually the ones you haven’t settled will escalate out of control. Once multiple lawsuits kick in, the project gets derailed and you’re right back to the bankruptcy conversation all over again.

Fast-Track Debt Settlement™ means starting the project with some financial resources, such as a 401k loan or a private loan from a family member. Supplementing lump-sum funds with additional monthly savings from the household budget allows you to take advantage of multiple settlement opportunities as the accounts reach their respective charge-off deadlines. The whole point of this approach is to SETTLE QUICKLY and AVOID LAWSUITS.

If you’ve shopped debt settlement solutions, you know that most of these companies still talk in terms of 36-48-month programs – “Slow Torture,” in other words! This is pretty crazy from my perspective, since I’m the person who invented the 36-month settlement program in the first place! I abandoned it long ago as no longer effective.

Things change. Debt settlement companies, apparently, do not, so they still quote 3-year programs knowing full well that most of their clients will see multiple lawsuits if they take that long to settle. The odds of litigation climb sharply in the second year of collections. There is also risk during the initial 12-months, but it’s typically a risk that can be MANAGED, compared to risk that is OUT OF CONTROL.

Fast-Track Debt Settlement™, or “How to Get Out of Dodge Before the Shooting Starts!”

Here are the key reasons why you want to settle inside the 180-day charge-off deadline (or shortly thereafter) whenever possible:

1. Mechanical settlements – Most of the major credit card banks have automated processes in place that are designed to present settlement offers to customers. These processes are in operation through the charge-off deadline and beyond.

2. Improving offers – The settlement offers presented by bank collection reps tend to improve (i.e., decrease in required settlement percentage) as the account winds its way toward charge-off.

3. Fewer collection agencies – The fewer collection agencies involved, the easier the project becomes for the average consumer. While there may be third-party collection agencies involved in this early phase, most creditors work their accounts using internal reps up to the charge-off deadline.

4. Limited lawsuit risk – Risk of getting sued before charge-off is limited to certain specific creditors on larger balances. The risk of lawsuits is therefore much more manageable during the initial 6-month period.

5. Better predictability – Most of the major credit card bank settlement practices are pretty well established, and therefore predictable within certain limits. After charge-off, things get much less predictable, and virtually ANY account is at potential risk of litigation if enough time lapses without settlement.

6. Better settlements – Settlements negotiated directly with the creditors before charge-off are nearly always at or below 50%, with this being an upper boundary. In 2012-2013, we saw most of the major creditors settling in the 30-40% range, and one or two down in the 25% bracket. These are simply better deals (negotiated with less hassle) than are usually available via many collection agencies – especially when aggressive attorney collections are taken into account.

When you settle your debts on a Fast-Track™ basis, all the negotiations are conducted in parallel and as many of the settlements as possible concluded before the charge-off deadline. (Bear in mind that settlements often involve installment payments that extend 1-2 months beyond the deadline.)

There can be one or two very stubborn creditors who choose not to offer a reasonable settlement figure before charge-off, so the above guidelines do not apply 100% of the time. However, any accounts not resolved before the deadline can usually be settled within 3-6 months after charge-off, putting the whole project within a 6-12 month timeframe depending on the specific creditors involved.

OK, let’s review:

* You can file Chapter 13 bankruptcy and restructure the debt under a 5-year court-supervised plan where you pay monthly on a fixed pace.

* You can take the Long-Term Method and stretch out your settlements over 3-4 years, and get sued into Chapter 13 bankruptcy anyway.

* You can adopt the Fast-Track Debt Settlement™ strategy and be debt-free in 12 months or less.

Rather a “no-brainer,” isn’t it?

DIY Debt Settlement Myth #9: I Just Make One Monthly Payment And They Will Take Care Of Everything For Me

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This is the ninth in a series of posts discussing the most common myths about do-it-yourself debt settlement. In this post, I’ll discuss the myth that a traditional debt settlement approach provides peace-of-mind for consumers who enroll in such programs. What many consumers want is to be able to make a single monthly payment into their debt program, with the expectation that the debt company will handle everything smoothly from there, with little to no involvement required by the client. Consequently, the sales pitch for traditional debt settlement is built around this important need.

In theory, you make a single monthly payment into an “escrow” account to build up funds for settlement, and the company is supposed to handle all contact with your creditors. However, out here in the real world there is a big problem with this approach. I’m referring to the initial 6-month period that leads to charge-off status for your accounts. With most major creditors, the account is worked by an in-house team of collectors up to the point of charge-off, although there are exceptions where pre-charge-off accounts are outsourced to a third-party collection agency. Either way, your creditors do NOT want to hear from a debt settlement negotiator. They want to talk to YOU instead.

How does your debt relief firm handle this problem? The short answer is: They do nothing for the first six months! Needless to say, making payments into the program for six months when literally nothing beneficial is happening is hardly conducive to peace-of-mind! For many people, it represents some of the most intense stress they have ever experienced.

This is a real dilemma for the traditional debt settlement company. If they send out a Power-of-Attorney or a cease communication notice during this initial 6-month phase, it could prompt the creditor to escalate early and place the account with a law firm in the client’s home state. This almost automatically creates a pressure-cooker situation and results in high percentage settlements at 70-85%, or payment programs for the full balance all over again. So a savvy negotiation company won’t send out such triggering documents, and instead they will coach you to lay low and just let the accounts go past charge-off, after which they will intercede with the assigned third-party agencies and try to negotiate settlements on your behalf.

Meanwhile, you will continue to receive a barrage of collection phone calls and scary-sounding notices. As anyone who has ever been on the receiving end will tell you, peace-of-mind goes out the window when the collection bombardment kicks into gear.

To make matters worse, by going the route of traditional debt settlement, you cost yourself six precious months of inactivity, a period in which some of the best settlements become available (at less risk to you legally). So virtually nothing gets “taken care of” during that very important initial period. After that, creditor contact on the part of a debt settlement company is still minimal – they generally wait until you have enough money built up in your account for them to start making offers.

Myth busted. The “just make one payment per month and we’ll handle everything” approach sounds great in theory, but it only adds to your stress rather than reducing it. Little or no creditor contact takes place for the first six months, and after that, usually only when you have money to settle with. Meanwhile, it’s open season on you, with all the usual collection actions taking place, including potential legal action. Instead of waiting six months to start, it’s far more effective to tackle the project on your own, so you can take advantage of the settlement opportunities offered directly to consumers on accounts approaching charge-off.

DIY Debt Settlement Myth #7: A Debt Settlement Program Will Stop the Collection Bombardment

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This is the seventh in a series of posts discussing the most common myths about do-it-yourself debt settlement. It’s common knowledge that your phone is going to start ringing off the hook the moment you begin missing payments on your credit card accounts. Virtually all major creditors have automated dialing systems that are triggered off the lack of a payment being recorded by the due-date, and the bombardment can be truly unbelievable. Some creditors program their systems to call you dozens of times per day, in an attempt to get you on the phone and wear you down until you make a payment (whether or not you actually have the funds to do so).

One of the chief reasons people hire debt settlement companies is because they don’t want to deal with this bombardment of collection phone calls and they believe enrollment in a company program will put a stop to it. However, as I’ve written in other posts in this series, the banks do not recognize any need for debt settlement companies to exist in the first place. So there is no formal program that provides any sort of protection against the normal collection process utilized by creditors. Any debt settlement organization that promises you will not receive any collection calls while in their program is actually in violation of FTC rules for key disclosures required by such firms, one of which is to make it clear they can’t stop the calls.

There is only one way that a debt company can get your phone to stop ringing. They can send a “cease & desist” notice to your creditors, along with the Power-of-Attorney you granted them to handle your case. Yes, this will usually get your phone to stop ringing off the hook, since most banks will respect a firm request to cease communication via telephone. However, nowadays this is equivalent to waving a red flag in front of a charging bull. I’ve seen numerous situations where an account that could have been settled for 25-30% instead went quickly to lawsuit status (hello 80%!) after receipt of a cease communication notice. Once a creditor gets the idea you will not communicate with them, why should they go easy on you? What choice have you left them but to pursue a legal remedy against you instead?

Don’t make a tough situation worse by using obsolete and dangerous tactics that will only backfire on you. It’s a very simple matter to manage the collection barrage using call screening techniques that you can easily learn from a good coach. There is no magic to it, just one or two tricks of the trade. You establish a dedicated number for this purpose, and then proactively manage the frequency of contact you have with your various creditors. It’s not difficult at all to get the phone to quiet down so you can go on living your life and working through this process with a minimum of stress and worry. It is totally unnecessary to pay someone else to stop the phone from ringing, especially when the only tactic they can use will greatly increase your risk of litigation.

Myth busted. Under FTC rules, debt settlement companies must disclose that they cannot stop collection calls, and there is no viable method of stopping the collection process that doesn’t increase risk of litigation. Consumers can easily manage the collection process on their own by using simple call screening techniques, combined with proactive communication with their creditors.

DIY Debt Settlement Myth #6: It’s Safe To Take 36-48 Months To Settle My Debts

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This is the sixth in a series of posts discussing the most common myths about do-it-yourself debt settlement. Most traditional debt settlement firms are still quoting program durations of 36-48 months, sometimes longer, and clients are led to believe that it’s safe to take that long. By “safe,” I mean a low risk of lawsuit activity. After all, multiple lawsuits will tend to push a client into bankruptcy and therefore defeat the original purpose of using the debt settlement approach.

To begin with, let’s make the obvious point that it makes little sense to avoid a 3-5 year Chapter 13 bankruptcy when you’ll be fully exposed to collection activity (including potential litigation) for 3-4 years in a debt settlement program. In bankruptcy, your creditors cannot sue you to recover. That is not the case with debt settlement. The longer a debt settlement program lasts, the greater the likelihood the client will see one or more lawsuits before the program is completed.

Sales reps still quote 36-48 month durations (or longer!) because it provides the illusion of relief to the client. “You mean I can pay $600/month for 36 months and everything will be handled?” That’s the pitch anyway. The reality is that enrollment into such a program does NOTHING to stop the in-progress collection efforts by the creditors. Once an account rolls past charge-off after 6 months of delinquency, the risk of litigation becomes higher and higher as time goes by. In my experience, lawsuit risk climbs to an unacceptable level when you push too far past the initial 12-month period after default. Prior to that, there is still risk, but it’s usually lower risk and much more manageable.

Here at ZipDebt, our clients settle most of their debts before charge-off, and the remaining accounts are usually resolved within a total program duration of 12 months. Why are we so much more successful at expediting this process vs. the folks quoting 36 month programs? Simple. We are not focused on “making the sale” by presenting an option that is simply not effective on the long run. We prefer to push our clients to “go find the money” to settle quickly, and that is precisely what most of them do once they understand how the math works! We get our clients to start thinking in terms of the ASSETS they still have left to work with, and converting those assets to cash, instead of relying exclusively on the client’s monthly budget the way most companies do. We aim for fast relief instead of slow torture!

Our results speak for themselves. It’s very difficult to find published data on litigation rates by any of the prominent debt settlement firms. The incidence of lawsuit activity is something they really don’t want to be common knowledge among consumers. When you can find such data, however, you’ll see that clients enrolled in traditional 3-4-year debt settlement programs routinely experience legal action. It’s almost impossible to take 3-4 years to settle your debts without seeing one or more lawsuits. By comparison, for the 2.5 year period of 2010-2011-2012 (to date), ZipDebt clients have reported 2,251 credit card account settlements. Out of those 2,251 settlements, only 41 were reported as having reached the status of a lawsuit, less than a 2% incidence rate. A rather glaring difference!

Myth busted. 36-month debt settlement programs are long obsolete, and lawsuit risk climbs to near certainty on one or more accounts during the second & third year of default. Fast-track debt settlement, where the debts are all settled inside of 12 months, is a far superior approach, with a lawsuit risk of approximately 2% per account.