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The Honolulu Advertiser
Posted on: Saturday, January 3, 2009

Don't waste money on often-suspect debt settlement companies

By Michelle Singletary

As some brought in the new year with cheer, others just see another year of cowering under what appears to be insurmountable debt.

And when you cower, you can become desperate and lose whatever common sense you may have. Otherwise, I can't explain why someone would pay a company nearly $900 or more for the mere promise of helping reduce debt.

One desperate reader from Rochester, N.Y., e-mailed me asking for help in persuading her husband not to pay a Florida debt settlement company an upfront $895 fee. The company promised to help cut the $21,000 they owed in credit card debt. The wife said they began relying on credit cards after her husband lost his job after 24 years.

"My husband was recently contacted on the phone by a company alleging it was a 'debt reduction' organization," she wrote. "They are willing to guarantee a $3,000 reduction or our money back. They have power-of-attorney forms to be notarized. My husband wants to get moving on it. Is this a good idea?"

Debt settlement companies promise to act on your behalf to negotiate with your creditors to reduce your debts. But this is something you can do yourself.

Before I even began to look into the possibility, I suspected working with this particular company wasn't a good idea. There were just too many red flags. I'm not naming the company because I don't want my warnings to be just about this firm, but about the growing practice of debt settlement.

Let's see if you picked up the cautionary signs in my reader's note. To confirm what I spotted, I contacted Gail Cunningham, senior director of public relations for the National Foundation for Credit Counseling. Here's what alarmed me:

  • The company initiated contact. "They possibly purchased a list of consumers who were delinquent," Cunningham said. "Companies target vulnerable people who are desperate to get out of debt and make the collection efforts stop."

  • The company required a large upfront payment. Why doesn't it occur to people that they could use that substantial sum of money to pay down their debt? Equally troubling is that the company gets the money before delivering the service.

  • The firm provided a guarantee for something it can't possibly control. How can it promise a $3,000 debt reduction?

  • A company they know little about wanted them to sign power-of-attorney forms. Cunningham says often in these types of deals the customers are told to stop paying their bills and instead send money to the debt-settlement outfit to save up for a lump-sum offer. However, customers are often not informed of the risk of stopping payment and that creditors might still take legal action.

    OK, those were the red flags just from my reader's brief e-mail. But I didn't stop at my gut suspicions. I also searched the Better Business Bureau database at www.search.bbb.org and did a "Reliability Report" on this company. The BBB has given the firm a D rating, because of the short time it has been operating and the number of consumer complaints. BBB assigns grades from A to F.

    I sent all this information to the woman in Rochester. She and her husband are going to take my advice and contact a nonprofit credit counselor at www.debtadvice.org.

    "I have a feeling there could be others in the same financial boat looking for that golden life preserver," she wrote back.

    If one of your New Year's resolutions is to get out of debt, don't let desperation lead you to sign an insanely expensive, or worse, fraudulent debt-settlement contract.

    Contact Michelle Singletary at singletarym@washpost.com.