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Credit Cards and the Law – New Law Gets Rid Of Universal Default

There was a credit company practice that has been around for a while called ‘Universal Default’.  Basically, what this means is that a creditor, usually a credit card company, could raise your credit rates if you were late on a credit account that THEY DID NOT OWN!

Let’s look at an example:

You have 2 credit cards, one for Bob’s Bif Burgers restaurant, and one for Jake’s Jiant Jambalaya (yes, I am hungry).

You have been making regular payments on both cards, but one month your Bob’s payment gets lost in the mail.

Jake checks your credit report, and sees that you made a payment late.  So, Jake decides that your interest rate should be 29% instead of the 14% he had been charging you.

Universal default also covers making a late payment to a credit card company and having that company raise the rate.

For many cards that are considered ‘sub-prime’ (in other words they were easy to get), a single late payment would result in a rate increase after a very short grace period of a few days.  They did this to protect themselves by taking in larger profits in case you were going to default on the card.  However, what this really did was take someone who was in trouble and make matters worse for them.  The net result was a much longer life on credit card debt.

The new bill stops that.  Now, a debt has to be at least 60 days late before a company can raise your rates.  This is a big boon to the consumer, and will cover simple mistakes.  However, I would expect those rate increases to be bigger now, as the credit companies will be protecting against default more agressively.

Score on for the consumer, but this this is a big blow to reputable credit companies.


How Can I Stop Collection Calls?

It is a really helpless feeling.  When the collector calls, you feel angry, frustrated, and scared.  The calls seem to come in constantly!  All day, from 8:00 in the morning until 9:00 at night, the phone will ring.

I felt nervous every time I heard that ring tone.  Looking at the caller ID, it was an 800 number or an ‘Unknown ID’.  I knew who it was.  And I chose not to answer.

Finally, I got smart.  There is a law, Called the Fair Debt Collection Practices Act, or FDCPA, that regulates how debt collectors are allowed to contact you, including how often, where they can call, and what they can say.

If you are getting calls and want them to stop, you can do that easily.  Answer the phone.  I know, you don’t want to, but answer it.  Get the following information from the person you talk to:

  • The collection company name.
  • The mailing address of the collection agency.
  • A supervisors name.
  • The name of the person calling you.

Also, write down the time and date of the call, and anything you can recall being said.  You don’t need the peoples names, or the time and date, unless they don;t stop calling you.  In that case, if you pursue legal action for a violation of your rights, that information will be critical.

Write a letter to the collection agency.  In your letter, be nice but firm.  Have it say something like this:

To whom it may concern,

You are causing me undue stress by continuing to call me regarding a supposed debt.

Do not contact me by phone any longer at the following number:  (713) 555-2167.

If you wish to contact me, you may write me at the address you have on file.

If you continue to try to contact me by phone, I will be forced to take legal action under the FDCPA.

You have 5 business days to comply with this letter.

Sincerely,

Me

Now, a couple of key points.  It is a ‘supposed’ debt.  Never admit it is your debt.  They can use that to sue you.

If you aren’t allowed to be called at work, say so.

They can’t cause you to feel nervous, so tell them your calls are causing stress.

Send your letter certified mail, return receipt requested, and make sure it is there in at most 3 days.  That way they can set up their auto dialers to stop calling you.

Keep a copy of the letter, and your receipt from the mailing.  If they continue to call, contact your state’s attorney generals office.

I’d like to know, have you had problems with a collector continuing to call?  What do you think of collections in general?  Leave me a comment and let me know.


Credit Cards and the Law – Senate OKs Consumer Friendly Bill

A senate bill that is expected to be signed into law soon is going to change the way credit card companies do business.

In addition to putting limits on interest rate change policies and the fees that can be imposed for credit mistakes, the bill also seeks to place limits on who can get a card based on age.

Like any change to an existing business practice, this will have big implications for both the credit industry and the consumers of credit.  I will be analyzing the impact of this bill over the next several days.

In the mean time, take a look at this:

Senate OKs bill to reign in credit industry


Do Debt Collectors Have Souls?

They are easy to hate, aren’t they?

They call you and demand money for something you couldn’t pay for in the first place.  They try to help you ‘find’ money by taking out additional loans, or by borrowing from family.  They want you to make payments.  They are even willing to waive the interest they charged you.

They are the few, the mean, the Debt Collectors!

But how could someone do this?  How could they spend their days trying to take your money?  Don’t they have a SOUL?

Well, I’ll tell you, I have worked with collectors.  I was working for a company that managed the debt that collectors go after.  I worked on the computer systems, and they hire only the best and brightest.

To the people working in the background, it is just another job.  They don’t talk to people with debt problems.  They only work on the computer system.

Collectors, though, have a pretty tough work life.  They spend all day on the phone, and 9 out of 10 calls aren’t answered.  Very few people call back.  And about half of the calls that connect have an irate person on the other end of the line who is sick of being harassed.

A really good collector will make a little over $20,000.00 per year.  They are mostly young: college students, people looking for a bit of extra income, or people who are having a tough time finding other work.

They don’t particularly like their jobs.  They hate being yelled at, and they hate trying to trick people into paying money they don;t have.  They have heard every hard case story in the book, they are lied to, and they are often ignored.

Are they mean?  Not really.  They just have a mean job.

Are the natural liars?  No, they are trained to manipulate.

Are they ethical?  Most are, but the ones that aren’t give the entire industry a bad…I mean worse name.

For the most part they are people struggling to get by just as we all are.  They really don’t deserve our hate.  They aren’t malicious, they are just trying to make a buck.  By stealing ours.

But I hate their calls anyway.

If you want to learn what NOT to say to a debt collector, download this article:

The Top 10 Questions a Debt Collector Might Ask You


What Is The Most Important Thing I Can Do When Fixing My Credit?

So you have credit problems.  Sorry to hear that.

One thing I can tell you is this:  It isn’t going to last.  Either you will cure the problem, or you will eventually just run out of credit problems.  Either way, the problem will get solved.

Personally, I go for curing things.  I don’t like to have someone else make decisions for me, so I am going to make the decisions myself.  In the case of credit, I choose to fix it.

If you want to know how to protect your credit scores, get ‘The Top 10 Ways You Can Wreck Your Credit’.

Mike Shanahan, the former coach of the Denver Broncos, said this when he was fired from his coaching position:

“Tough times don’t last.  Tough people do.”

Think about that.  Your situation will change.  You WILL be able to move forward again.  No matter what caused your credit problems, you will get out of it somehow.

So, what is the most important thing you can do when fixing your credit?  That is simple.

Start.

Do something.  Get a credit report.  Look at the problems on it.  And then decide what you want to do to fix the problems.

I’ll even help you out.  You can learn how to read a credit report for free by reading this paper:

How To Read A Credit Report

If you don’t want to work on your credit, but you are late on payments, call your creditors and get some help.  They may be able to reduce payments for a while, or cut back on some interest.

Whatever you do, though, make sure you start.  Right now.  Today.  Don’t wait any more.  The longer you put it off, the tougher it will get for you.

Good luck with your credit!


New Video: Conclusion – The Top 10 Ways To Protect Your Credit During Divorce

That’s it.  The Top 10 Ways to Protect Your Credit During Divorce.

Your life is already tough.  Going through a divorce is one of the hardest things you will ever do.  It touches every part of your life, and you need to protect yourself while going through it.

Remember, it is you taking care of yourself now.  You HAVE to stop thinking about things as a member of a couple, and start thinking about things as a single person again.

I have posted a video series to the MyCredEd YouTube channel discussing how you can protect your credit during divorce.  Remember, your divorce will be over soon, but the effects of a credit problem can last years longer!

You can view the Conclusion video here: 

Remember to ask your questions about credit and debt in the form to the right.  I will answer via blog or video as soon as I can!

When you fill out the form, your question goes straight to my email inbox.  I am an email addict, so I will see it quickly.  If I put your question into a video, or answer it in a blog, I will send you and email back to let you know the answer is ready.


New Video: Tip 01 – The Top 10 Ways To Protect Your Credit During Divorce

In Tip 1, I am asking you to start managing your money.  This is critical!  You are starting fresh, and it is very easy right now to damage your credit.

I have posted a video series to the MyCredEd YouTube channel discussing how you can protect your credit during divorce.  Remember, your divorce will be over soon, but the effects of a credit problem can last years longer!

You can view the Tip 1 video here: 

Remember to ask your questions about credit and debt in the form to the right.  I will answer via blog or video as soon as I can!

When you fill out the form, your question goes straight to my email inbox.  I am an email addict, so I will see it quickly.  If I put your question into a video, or answer it in a blog, I will send you and email back to let you know the answer is ready.


New Video: Tip 02 – The Top 10 Ways To Protect Your Credit During Divorce

In Tip 2, I discuss the danger in assigning your legal rights to someone else with a power of attorney.

I have posted a video series to the MyCredEd YouTube channel discussing how you can protect your credit during divorce.  Remember, your divorce will be over soon, but the effects of a credit problem can last years longer!

You can view the Tip 2 video here: 

Remember to ask your questions about credit and debt in the form to the right.  I will answer via blog or video as soon as I can!

When you fill out the form, your question goes straight to my email inbox.  I am an email addict, so I will see it quickly.  If I put your question into a video, or answer it in a blog, I will send you and email back to let you know the answer is ready.


New Video: Tip 03 – The Top 10 Ways To Protect Your Credit During Divorce

In Tip 3, I discuss your financial picture during the divorce process.  If you aren’t awarded enough money to live on, you need to say something.

I have posted a video series to the MyCredEd YouTube channel discussing how you can protect your credit during divorce.  Remember, your divorce will be over soon, but the effects of a credit problem can last years longer!

You can view the Tip 3 video here: 

Remember to ask your questions about credit and debt in the form to the right.  I will answer via blog or video as soon as I can!

When you fill out the form, your question goes straight to my email inbox.  I am an email addict, so I will see it quickly.  If I put your question into a video, or answer it in a blog, I will send you and email back to let you know the answer is ready.


New Video: Tip 04 – The Top 10 Ways To Protect Your Credit During Divorce

In Tip 4, I discuss how taking care of your financial obligations will help you to move ahead after your divorce. .

I have posted a video series to the MyCredEd YouTube channel discussing how you can protect your credit during divorce.  Remember, your divorce will be over soon, but the effects of a credit problem can last years longer!

You can view the Tip 4 video here: 

Remember to ask your questions about credit and debt in the form to the right.  I will answer via blog or video as soon as I can!

When you fill out the form, your question goes straight to my email inbox.  I am an email addict, so I will see it quickly.  If I put your question into a video, or answer it in a blog, I will send you and email back to let you know the answer is ready.


February 2012
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