2. Deal with the problem. The best way to deal with a collection call is to speak to the agent straight up and professionally. Remember, they’re doing a job, and no matter how much you hate the job they’re doing, they’re just people like you. The sooner you pay the bill, the sooner you’ll make the collector go away. Can’t pay the bill off all at once? Explain why and offer some alternative method of repayment, like a series of monthly payments. Follow up in writing and make sure you send a good-faith payment.
If you can’t pay the full amount you owe but can make a significant payment toward eliminating the debt, try to negotiate with the collection agency to see whether they’ll take a lesser amount in order to have the account resolved.
Don’t bother with a lengthy explanation of why you can’t pay since bill collectors hear down-on-your-luck stories all day long. Instead, be straight up with your information: “The reality is I have three collection agencies after me right now. In all I owe $26,000. I don’t have the money. I owe you $4,200, but I can only afford to pay you $2,600. If you can settle for that, I’ll have the payment to you by Thursday. If that’s not enough, then I’m going to have to find a way to get out from under all this debt, but it won’t be by paying it all back. I have a family to feed, and that’s my first priority. So, will $2,600 be enough to close this account for good?”
3. Never send cash. Do I actually have to say that you should never, ever send cash in the mail? You need to have some proof of payment; a cancelled cheque or a receipt from the collection agency works fine.
4. Make only the commitments you intend to keep. Don’t let them bully you. Yes, some do try. You don’t have to make any commitment you don’t think you can keep. And you should only say yes to things you’re actually going to do. Saying yes to get them off the phone just means they’ll step up their calls. Ignoring a collection call won’t make the problem go away. If a collector gives up on trying to work out a plan with you, they’ll simply take the next step, which is legal action. Judgments against you show up on your credit history, and stay there for a long time.
5. Don’t try to pull an end-around. Once the account has been turned over to an agency, they are the only ones you can deal with. If you try to contact the original creditor, you’ll just create confusion. The exception: if there’s an error in the account, you need to deal with both the creditor and the collection agency, and you should do it in writing so you have a paper trail.
GAIL’S TIPS
Created and funded by Lenders, credit counselling is designed to get borrowers to commit to repaying their debt and is positioned as being more “noble” than declaring bankruptcy. Credit counselling turns off the interest clock but keeps borrowers on the hook for their debts for up to three years of repayment. The fact that you participated in credit counselling remains on your credit history for a further five years. Credit counselling doesn’t help you to see how you got into the mess and doesn’t do enough to help you change your financial behaviour.
Debt counselling is an opportunity to make money often disguised as a public service. Debt counsellors arrange for a consolidation of debt with their hefty fee built in. Or worse, they completely ruin your credit history by suggesting you make no payments for up to six months so they have some leverage with lenders to negotiate rates and balances down. if they don’t succeed, they won’t charge you. You, however, will be left with a credit history that is in tatters.
Bankruptcy trustees are the only route to discharging debt and, like other professionals can be valued advisers or financial hacks just in it to make the big bucks. Filing for bankruptcy tarnishes your financial record for seven years.
With debt settlement companies springing up like so many dandelions, this edition of Debt-Free Forever brings you the pros and cons of using a debt-settlement company. it also provides the steps to take if you decide to negotiate your own debt settlement. it’s all in the new Chapter 14 on page
WHAT TO DO IF YOU MUST FILE FOR BANKRUPTCY?
Bankruptcy isn’t the worst thing in the world. Living in the hell you’ve created is. And if you’ve been given a whack of credit that’s way above what you can manage, maybe it’s time to rub the slate clean and start again.
I’m not absolving people of their personal responsibility. Nope. I’m all about personal responsibility. But when I see couples earning $60,000 in family income being given $136,000 in credit, I scratch my head and wonder whatever happened to “responsible lending practices.” And I feel for the people who have debt they can’t manage because of significant changes in their lives like disability, divorce, widowhood, illness, unemployment, and the like. I even feel for the silly buggers who went out and charged up a storm, never understanding the implications and the impact the payments were going to have on their rest of their lives.
For many people, the decision to go bankrupt isn’t an easy one to make. It’s a thorny path. But if that’s what it’ll take to get you out of hell, then do it. It won’t be easy to live through. And the black mark will stay with you for a long time. But there is an end and you can have a life—a good life—after bankruptcy.
Bankruptcy is considered by many as a last resort, with a consumer proposal being the much-offered alternative. But what they don’t tell you is that your credit history will be crap for the same amount of time regardless of which method you choose. This is because as far as creditors are concerned, a proposal is as bad as a bankruptcy. (For that matter, as far as creditors are concerned, seeking credit counselling is as almost as bad as bankruptcy.)
Trying to decide between bankruptcy and a consumer proposal boils down to this: if you believe you can dig yourself out if you can negotiate with your creditors, a consumer proposal will work for you. However, if you’re at the point where you’re choosing between paying your debts and eating, bankruptcy will let you keep eating.
GAIL’S TIPS
if you have between $5,000 and $75,000 worth of debt, and have the money to repay at least a portion of your debt given enough time, you could file a consumer proposal, which is like a debt management plan carved in stone. A consumer proposal is a legally binding procedure administered by the courts and a bankruptcy trustee, which takes about five years to fulfill. The black mark (an R7) remains on your credit history for a further three years. The big benefits of using a consumer proposal is that the interest clock turns off on your debt, you can negotiate to repay a portion of what you owe, and no one can take legal action (garnishees are automatically stopped) against you. Now you have the breathing room to repay your debt. if you offer to do a consumer proposal, 50% plus one of your creditors must agree for it to work. if your creditors don’t agree, bankruptcy is the next step.
So what do you do if you find yourself considering bankruptcy?
STEP 1: VISIT A BANKRUPTCY TRUSTEE AND GET THE FACTS
Hiding won’t do you any good, and denial is a fool’s game. If you think that bankruptcy is the only way out of the mess you’re in, get thee to a trustee and find out just what’s entailed in the process. Not all trustees are good trustees, so choose someone with a sparkling reputation, not a big ad.
How will you know if you need to see a bankruptcy trustee? Easy. If you add up your debt repayments to your various creditors and you just can’t make them and keep food on the table, you’re overextended to the point where bankruptcy could be an option for you.
STEP 2: KNOW WHAT’S EXPECTED OF YOU AS YOU FILE FOR BANKRUPTCY
Your duties as a bankrupt are outlined in the Bankruptcy and Insolvency Act. Essentially, you must do the following:
Make an inventory of, and help to sell or hand over, all your assets (excluding the ones that are excepted, and they differ from region to region) over to offset what you owe.
Cancel all your credit.
Prepare a “statement of affairs,” which shows what you own and what you owe, and you’ll have to swear to the veracity of this document.
Go to a meeting with your creditors.
Exe
cute any documents required under the act, including a power of attorney, transfer, deeds, or whatever else is necessary.
Keep your trustee up to date with what’s going on financially in your life, and if you move, how to keep in touch with you.
STEP 3: LEARN WHAT CAN’T BE DISCHARGED BY BANKRUPTCY
Not every debt goes away if you file for bankruptcy. It would make sense to learn what will be discharged and what won’t before you take the big step. Your bankruptcy trustee should tell you all of this, but here’s a list:
Debts that are “secured” cannot be discharged, so your mortgage, which is secured by the property, or a car loan, which is secured by the car itself, won’t be eliminated as part of your bankruptcy.
Child support, maintenance, and alimony (both current and accrued) won’t be discharged, so if you haven’t paid your spousal or child support for a few years, filing for bankruptcy won’t make your obligation to pay go away; ditto court fines, penalties, and traffic offences, or civil claims arising from personal or sexual assault.
Debts accrued through fraud or misrepresentation won’t be discharged.
Student loans won’t be discharged unless it’s been seven years since you’ve been in school. In cases of undue hardship, an ex-student may apply to the court to obtain a discharge of student loans after five years. As long as the court is satisfied that the debtor has acted in good faith and is expected to continue to experience financial difficulties, this application could succeed.
STEP 4: UNDERSTAND THE RAMIFICATIONS FOR CO-BORROWERS/CO-SIGNERS
Keep in mind that if you try to discharge a debt on which someone else has co-signed with you, you’re sticking your co-signer with the problem. Your bankruptcy may prevent a creditor from trying to collect from you, but nothing will stop them from collecting from your co-signer (unless he/she also goes bankrupt). Kids often have their parents co-sign on their student loans or credit cards; partners often co-sign for each other or take out credit jointly. If anyone else’s name is on the debt, creditors will just go after the next name on the application.
I’ve heard from people who have co-signed with mates or friends because with their better credit rating, they can help their pals get a lower rate of interest. I’ve heard from parents who wanted to help their kids through school. I’ve heard from wives and husbands who took out credit jointly, got divorced, never had their names removed from the debt, and then got stuck with the payments because their exes went bankrupt.
People, wake up! Credit is a great tool if used wisely. But it’s equally as dangerous if you don’t understand your responsibilities. Signing a piece of paper without understanding the ramification is dumb, dumb, dumb.
I’ve always felt that a co-signature is a bad idea. If a person can’t qualify for credit on his or her own, why should he or she get credit? If you are determined to co-sign, make sure you’re prepared to assume the payments should that be necessary. If you can’t afford to take on those payments, don’t co-sign.
STEP 5: LEARN WHAT ASSETS YOU MAY KEEP
Some assets are protected from liquidation as part of the bankruptcy settlement. These vary from one region to another, so your trustee is the best person to ask about what won’t be touched. For example, RRSPs and RRIFs are exempt from seizure except for the contributions made in the year prior to bankruptcy.
STEP 6: FIGURE OUT HOW MUCH YOU’LL HAVE TO LIVE ON
While your trustee will take you through the steps to see how much you will have to live on and how much you must repay each month, it’s good to have an idea before you start down this road. If you find you’re better off on the bankruptcy budget, that’s a big clue that bankruptcy is actually a good idea for your situation.
Under the bankruptcy system, the more you earn, the more you have to pay toward your debts. Limits are set for what an individual or family is allowed to keep. The more people in your family, the more of your income you are allowed to keep.
In 2008, individuals could keep the first $1,836 that they earned net each month and then had to pay half of everything above that toward their debts.
Families of two could keep the first $2,286 and pay half of everything above that.
Families of three could keep the first $2,811.
Families of four could keep the first $3,413.
Families of five could keep the first $3,870.
Families of six could keep the first $4,365.
Families of seven or more could keep the first $4,860.
Let’s look at an example to see how this works. If you and your partner had two kids (so you’re a family of four) and earned $5,600 a month net of tax between you in 2008, you could keep the first $3,413 toward your living expenses. You’d have to pay half the difference (50% of $5,600 – $3,413), or $1,093.50 toward your debt. So you would have been left with a total of $4,506.50 a month to live on.
STEP 7: LIVE THROUGH THE BANKRUPTCY
This is the tough part. So much is going to have to change. You’re going to have to learn how to manage your money if you don’t want to be back in this mess. And you’re going to have to deal with the stigma of the bankruptcy, and the black mark on your credit history.
Here’s what you won’t have to deal with: creditors calling you and trying to get blood from a stone. Once you file for bankruptcy, all the calls stop. You deal only with your trustee, and as long as you follow the rules, you can look forward to far less stress in your life.
The number-one question I get when I talk about bankruptcy is, “Will I lose my home?” Well, that depends on whether you’ve kept up to date with your payments and your taxes, how much equity you’ve built up, and whether you can carry the property.
If you haven’t kept up to date with your payments, your lender will likely call your mortgage as soon as you declare bankruptcy. If you have, the lender may have faith in your ability to continue making your payments on time, and cut you some slack.
If you have equity built up in your home, that equity has to be used to repay creditors. The less equity you have, the less you’ll have to come up with to give your creditors. So being in a down housing market could have its upsides if you’re planning on going bankrupt and want to stay in your home.
Let’s say your home is currently worth $220,000 and you have a mortgage of $200,000, so you have equity of $20,000. That’s the first step. Now you have to take into account all the costs associated with selling the home to realize the assets for debt repayment. Here’s an example to illustrate my point:
Fair Market Value $220,000
Less: Selling Costs @ 6% – 13,200
Legal Fees – 1,000
Mortgage Penalty – 4,500
Mortgage – 200,000
Tax Arrears – 300
Utility Arrears – 150
Equity in the Home $850
So you’d have to come up with $850 to give to the trustee for creditors before your bankruptcy was completed to be able to stay in your home.
There are, of course, people who don’t want to keep their properties. People who can’t keep up with the maintenance, who are way behind on mortgage payments or taxes or utilities, or who can’t come up with the “equity” to give a trustee and decide to just walk away.
As part of living through the bankruptcy, you’ll also have to take some lessons on how to manage your money. This may be with your trustee, or it may be in a group setting, but since you got yourself into a mess once, this is a good idea to avoid doing the same thing again.
You must stay current with your payments to your trustee. If you miss a payment, you’ll delay your discharge date. And the faster you get to your discharge, the sooner you can start rebuilding your credit history and return to a “normal” life.
Most discharges for first-time bankruptcies happen at the nine-month mark. If your discharge is opposed by a creditor, by your trustee (because you haven’t followed the rules), or by the courts, you could receive a conditional or suspended discharge. Yuck! Just do what you’re suppo
sed to, and never make a mess again!
STEP 8: RECOVER FROM BANKRUPTCY
No doubt living through bankruptcy will have been tough. Once you get to the other side, you still have some work to do. You must now re-establish your credit rating while avoiding the mistakes that got you into trouble in the first place.
Start by rebuilding your credit history. It’s going to be pretty tough getting a lender to trust you if you’ve declared bankruptcy (or gone through a consumer proposal or even gone to credit counselling). The key tool you’ll use to re-establish your credit history is a secured credit card.
With a secured credit card, you put up cash to cover your balance. Lenders often want twice the credit card limit, so if you want a $500 credit limit, you’ll have to ante up $1,000. Once you’ve established your ability to manage the card—anywhere from six months to a year—you can ask for the security requirement to be dropped and your deposit returned.
Secured or unsecured, a credit card can be the cheapest way to build your credit file. In the old days you had to take a loan, which you then repaid to establish yourself. All the while the interest clock was ticking. So you were “buying” your credit history. With a credit card, you can build a credit record without it costing you a cent. That’s because credit cards let you use the issuer’s money for a specific period of time interest free. And as long as you repay the outstanding balance in full every month, you can continue to use that credit at no cost. What a deal!
Make a commitment to never carry balances on your credit cards again. Having been to hell and back, once you’re back on track credit-wise you may find the temptation to splurge—take that vacation, buy those shoes, eat out every night for a month—almost too much to resist. Resist! While it can be tough to get to the end of the month before you get to the end of the money, know that any money you charge and don’t immediately pay off is setting you back on the rocky road to Debt Hell. Now that you’re back on your feet, you must protect yourself from the crap that life brings, which can push you back over the edge. If you’re carrying a balance on your credit cards, should something terrible happen, you won’t have a financial cushion to help you deal.
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