We at InCharge Canada have been answering a lot of questions recently in regard to Debt Settlement Organizations, so we thought we would put together some articles to provide our viewpoint on these organizations and their business. So here goes …
First, we’re sure that you’ve seen or heard some of their advertisements, and we’ll admit that their claims sound pretty good. Here are some of the claims you’ve probably heard:
- You’ll be able to pay only a small fraction of the debt, and forget about the rest.
- Doing so will have a minimal effect on your Credit Report.
- All creditors are willing to accept debt settlement offers. (This is implied, but not stated directly.)
- The programs offered by Debt Settlement Organizations are “Federal Government Programs”.
So let’s take a closer look at these claims. In this post, we’ll look at the first claim: You’ll pay off your debt “for pennies on the dollar”. First, you should understand that Debt Settlement is the process of paying off less than 100% of what is owed to a creditor or collection agency. Most creditors are totally unwilling to accept regular monthly payments to do this – They want a big chunk of money, ASAP, in return for forgetting about the rest. If you think that you’re going to be sending a regular monthly payment directly to each of your creditors, you are wrong!
There are some cases where Debt Settlement is a very good option, but these are generally cases where the debtor is able to come up with a reasonable portion of their debt on short notice. This is often done by selling an asset, but more often, it occurs when a third party (usually a relative, parents being the most common example) puts up a large chunk of money. So the first question you should ask yourself is this: Would I be able to come up with a substantial sum of money quickly, and if so, where would I get that money from?
But what about those people who are NOT able to come up with a sum of money quickly? How does the Debt Settlement Organization assist them? Well, in this case, the debtor is advised to stop making payments to all creditors immediately. The money saved by doing so is then paid into an account. When a sufficient amount of money is sitting in the account, then the DSO will begin negotiating with creditors, to see what amount of money they will find acceptable to settle the debt.
While the money is accumulating in the account, the DSO’s fees will be billed from this account. We call this “front-loading” of fees. Essentially, the DSO will be billing their client for services before any services are delivered. (In a future post, we will examine how this practice was banned in the USA – the home country for many of the DSOs – in the summer of 2010. So DSOs in Canada are engaging in a practice that is now illegal in their home country. And as for the level of fees, one article on MSN Money which is relatively sympathetic to Debt Settlements in some circumstances contains the following quote regarding DSO fees: “Their fee is exorbitant.” In Canada, the Credit Counselling Society of British Columbia has provided an Overview of Information about one DSO, Cambridge Life Solutions and sums up their fees with the following quote: “Cambridge charges astronomical fees which consume over 70% of many of their clients’ monthly payments for the first 10 months of their programs.”
In our next posting, we will look at the process of stopping making payments to creditors upon Debt Settlement program entry. We will look at how this affects the Credit Report, how long it stays affected (longer than you would think!), and the probable reaction from creditors to stopping payments.










