Debt Info

There are literally millions of credit cards in the world today and even with the current credit crunch, the numbers of cards being issued is still on the increase, so the ramifications for the credit card industry are immense and for them at least, difficult to comprehend.

During the good times, credit card companies issued cards under the guidelines of the Consumer Credit Act 1974. However, in their greed to attract even greater numbers of customers each month, they forgot to ensure that their consumer credit agreements they issued to customers were legal and above reproach. This situation changed in April 2008 with the creation of new rules and regulations that fully covered every lending institution that issued a consumer credit agreement.

However (and this is the good part), there are literally millions of potentially flawed agreements in existence that mean you, the consumer, can wipe out your total credit card debt in an instant, legally and ethically/

The other thing to consider is that legal loophole applies to all unsecured debt such as personal loans, car finance, mortgages and PPI. They all have to abide by the Consumer Credit Act (CCA) 1974 and if they do not, then they could be left open to all of their customers making a claim against the vaibility of their credit agreement.

This is the hottest topic in the financial services industry at the moment as credit card companies frantically look to avoid claims and the potential for huge losses. They are full aware of this situation and are bracing themselves for the fall out as this dwarfs anything we have seen from the ‘reclaim your bank charges’ scneario that has been on the news for the last 12 months.

The process itself is simple to administer if you know how and if you have the right Barrister contacts. The Barrister in question must have an understanding of the legal process and the ensuing legal complexities of wiping out credit card debt. But remember, it is happening now and hundreds of thousands of people have started to wipe out their debts and ensure that they can start living a debt free life once again.

No one is free from becoming indebted, but people with impulsive behaviors and compulsive buyers are the most prone to fall into great amounts of debt. After this happens, specialized agencies start the collection process.
The most common collectors are attorneys who, on a regular basis, collect debts. According to the 1986 amendment of the Fair Debt collection Practices Act, said lawyers are considered debt collectors.
Now we know who the collector is. So who is the debtor? A person who:

– owes a personal loan

– uses a credit card (let us presume that is a excessive use)

– is actually paying a home loan (home mortgage)
By law, how does the debt collection procedure work?
The collection responsibility rests on the hands of the designated attorney. How he collects money from the debtor is also his responsibility. No forceful means will be allowed. The Fair Debt Collection Practices Act demands a fair treatment to any debtor. Lawyers cannot use any threatening method to collect the money involved.
Can a lawyer or collection agency harass me?
By law, no lawyer or collection agency can harass a debtor. According to the law, any debt collector is restricted from exercising any threat of violence or causing any damage to a debtor. Collection agencies are forbidden to publish any debtor’s name in public nor can they harass debtors by phone. People should know that the law is on their side.
Debt collectors are not supposed to:

– collect an amount greater than the original debt

– previously deposit a post-dated check

– introduce themselves as government workers

– take away your house or property or threaten to do so.

– make false statements on government policies

– force you to accept calls
Whenever a debt collector brakes the law by practicing any of the aforementioned activities, punishment can be severe. You could also sue these lawyers, and you have one year to start the process. After winning the lawsuit, you recover the money because of all the damage suffered. You also receive the court costs and attorney fees. The law may protect you from harassment from lawyers, but it will not prevent you from paying your debts.

Debt Settlement is the process where people who are in debt, work with their creditors to pay only a certain percentage of the total debt owed as the final settlement amount. In many circumstances, debt settlement is in fact a real option to assist people to relieve some of the debt burden. If you are also considering this financial solution, there are some important facts you need to know.

Fact 1:

During economy crisis, many people are drowned in deep debt. Many creditors have taken their effort to collect their debts by sending out settlement offers periodically to their debtors. Some creditors require their debtors to contact them to negotiate for settlement. It has proven that creditors are actually willing to reduce certain amount of debts for their debtors.

Fact 2:

The standard percentage to settle a debt for is about 40% to 60% of the original debt amount. The actual percentage that the creditors are willing to settle for depends on how long the debts have been due, how much the creditors are willing to be paid and how high the risk is for the debtors to file for bankruptcy.

Fact 3:

When a person has decided to go for debt settlement, he or she needs to keep in mind that once the creditor agrees to accept the proposed amount, the full settlement amount is usually due very soon. If the debtor does not have the cash available, the debt settlement can’t be executed and once again, the credit score will be much affected.

Fact 4:

Once the debts are paid off, it is the creditors’ responsibility to give their debtors written notice and update the latest status on the debtors’ credit report. Besides, the creditors have no more right to sue the debtors after the settlement process. However, there is a fact you need to accept where your credit report will show that your debts are not being paid in full.

Fact 5:

The duration needed to complete the whole settlement is about 2-4 years. As a result, don’t aim to settle your debts in 1-2 months. It is impossible! For more information about debt settlement program and debt settlement online, visit DebtSettlementEssentials.com.

The Fair Debt Collection Practices Act (FDCPA) has been around for over 30 years. The FDCPA is a federal law that applies to every state. In other words, everyone is protected by the FDCPA. Its purposes are to eliminate abusive practices in the collection of consumer debts, to promote fair debt collection, and to provide consumers with an avenue for disputing and obtaining validation of debt information in order to ensure the information’s accuracy. The FDCPA creates guidelines under which debt collectors may conduct business, defines rights of consumers involved with debt collectors, and prescribes penalties and remedies for violations of the FDCPA. The FDCPA is essentially a laundry list of what debt collects can and cannot do while collecting a debt, as well as things debt collectors must do while collecting a debt.

One important section of the FDCPA is section 1692g, which deals with validating debts. Section 1692g states, “[w]ithin five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall”send the consumer a written notice containing” the following information: (1) the amount of the debt, (2) the name of the creditor to whom the debt is owed, (3) a statement that the consumer has 30 days to dispute the debt, otherwise the debt will be assumed to be valid, (4) a statement about what the collector will produce if the consumer disputes the debt within 30 days, and (5) a statement that the debt collector will provide the consumer with the name and address of the original creditor, if it is different than the current creditor. In other words, the 1692g Notice Letter contains important information about the debt and about the consumer”s rights. Therefore, consumers should read this letter carefully.

If a consumer receives a 1692g Notice Letter from a debt collector, the consumer has 30 days to dispute the debt and to obtain additional information the debt from the collector. Therefore, consumers should always respond to 1692g Notice Letters in order to obtain complete and accurate information about the underlying debt. Furthermore, it is crucial to dispute the debt within the 30-day window, too, if the consumer does not owe the debt. Once a consumer requests validation of the debt or disputes the debt, the debtor collector must stop all collection activities until the debtor collector provides verification of the debt to the consumer. Therefore, the consumer will have some momentary relief from the telephone calls and the letters while the collector gathers and provides verification of the debt. More importantly, however, the debt collector will be forced to validate the debt before continuing with collection efforts.

In summary, consumers should carefully read the 1692g Notice Letter and exercise their the right to validation and right to dispute the debt. That way, consumers will be educated before determining how to attempt to resolve the debt at issue.

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