When a debt management acts as an appointed agent for a client, it undertakes to calculate and disperse any disposable income to a client’s creditors, and as soon as the debt management company is informed by the client of the receipt of collection letters, the debt management company will contact the collectors and ensure they are sent the relevant documentation and payment is made correctly.
A debt management company’s staff should be directly available by phone, post and email to all clients and creditors in order to provide an effective service for all parties.
The first thing a creditor needs to understand is whether a debtor is in the ‘Can't pay’, or ‘won't pay’ category.
By receiving good information from a debt management company, this allows the creditor to make an informed decision and can reduce collection costs.
Since legislation came into force in April 1999 and following reviews by the Lord Chancellor Lord Justice Woolfe, the County Courts processes discourage dishonest actions which overload a debt companies systems and it’s up to creditors to justify their actions if they refuse reasonable offers of repayment.
Therefore, if a debt management company acts as an appointed agent for a client; it is unusual and unnecessary for creditors to proceed with legal action.
Many, if not most creditors will reduce or freeze interest and charges when a debtor is trying to repay their debt at the best rate they can afford. This demonstrates the client’s commitment to clearing the debt as effectively as possible by making regular payments. This isn’t a speedy process and many creditors will refuse the initial repayment amount offered ask for higher repayments.
This happens because the creditors have policies to only accept a specific percentage and they think the debtor has a higher disposable income than stated in the income and expenditure report.
There is most certainly a place for free debt help services, just as there is also a need for state benefits where appropriate. However there is also an important role for fee charging debt management companies, for the people who hold up their hands and are prepared to be accountable for resolving their debt problems.
Debt problems are experienced by people with reasonable to good incomes, who admit to careless overspending.
Insolvency is a nightmare no business owner would ever want to have. Every businessman wants the venture to grow, to expand, to succeed and ultimately to earn bigger profits. But not all business hopefuls are blessed with the good fortune to have stable, income generating business ventures. Many businesses are added to the insolvent and bankrupt statistics everyday.
Insolvency is an eventuality every entrepreneur would like to avoid at all cost. Of course there are factors that are beyond the capacity of any individual to avoid. The slump in the economy is a very hard adversary to contend with, and so are difficulties brought about by natural calamities.
A business in difficulty is akin to a patient. To cure a patient, proper diagnosis is needed so that the right medication will be prescribed. The same thing is true with business. To cure an ailing business, you need to have a careful analysis of the causes of the problems. Could it be due to mismanagement? A less than favorable cash flow? Or could it be due to unavailability of capital and funds to sustain operating costs?
All these factors that can cause insolvency of a business can be righted or cured. There are many options available to the businessman to choose from. Bankruptcy, debt consolidation, liquidation are only some of the solutions to insolvency.
Another way to circumvent insolvency is by obtaining debt relief. This is possible through a debt settlement arrangement. Debt settlement is a way by which a debtor can reduce the amount of debt by reducing the balance of the debt itself. Debt settlement negotiation or arrangement is done with the assistance of debt settlement or debt management companies. Through the negotiations and by showing proofs that the business or the company is experiencing economic difficulties, the balance of the debt may be substantially reduced. Debt settlement arrangement is much faster and cheaper than filing for bankruptcy.
Needless to say, choosing the right debt settlement or Debt Management Company is important. A debt settlement company should be able to help you ease the burden of difficulties due to huge unpaid debts. Through the negotiations that they will make, creditors can be stopped from hounding and harassing you. A debt management counselor will be able to stop court litigation that may arise from debt related disputes.
Another salient factor to be considered in choosing the right debt management company is the fee they are charging for the service rendered. Beware of debt management companies who charge their entire fees even before any settlement is made. We do understand the fact that service fees will be charged so that the company can continue to render service, but charging the entire fee will be detrimental to the finances of the debtor.
A client-friendly company will ask a portion of the fee to be paid and will stipulate that the balance will be paid after the settlement. Or a better agreement is to have a contingent fee where the fee for the debt management company will be based on the money saved by the debtor as a result of the settlement. This is both favorable to the debtor and the debt management company since the more money the settlement can negotiate the more money the debtor will save and the bigger the service fee for the debt consultant.
Both Simon Duffy & Benedict Smythe are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.