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New York - Credit Card Firms Settling Delinquent Accounts for Substantially Less Than Owed

Published on:   Jun 16, 2009 at 02:43 PM
News Source:  NY Times
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New York - The banks were bailed out last fall, the automobile companies last winter. For Edward McClelland, a writer in Chicago, deliverance finally arrived a few days ago.

Mr. McClelland’s credit card company was calling yet again, wondering when it could expect the next installment on his delinquent account. He proposed paying half of his $5,486 balance and calling the matter even.

It’s a deal, the account representative immediately said, not even bothering to check with a supervisor.

As they confront unprecedented numbers of troubled customers, credit card companies are increasingly doing something they have historically scorned: settling delinquent accounts for substantially less than the amount owed.

The practice started last fall as the economy worsened. But in recent months, with unemployment topping 9 percent and more people having trouble paying their bills, experts say this approach has risen drastically.

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They say many credit card issuers have revised internal guidelines to give front-line employees the power to cut deals with consumers. The workers do not even have to wait for customers to call and ask for a break.

“Now it’s the card company calling you and saying, ‘Let’s talk turkey,’ ” said David Robertson, publisher of the credit industry journal The Nilson Report.

Only a few creditors are willing to confirm the practice. Bank of America and American Express say they decide on a case-by-case basis whether to accept less than the full balance. Other card companies refuse to discuss the subject, but their trade group, the American Bankers Association, acknowledges that settlements are becoming more common.

The shift comes as the financial services industry finds itself losing some of its legendary power. A credit card reform bill that makes it harder to raise rates on existing balances and prevents certain automatic fees flew through Congress and was signed by President Obama in late May.

Borrowers still have a crushing amount of debt to deal with, however.

Revolving credit, a close approximation of credit card debt, totaled $939.6 billion in March. The Federal Reserve reported that 6.5 percent of credit card debt was at least 30 days past due in the first quarter, the highest percentage since it began tracking the number in 1991. The amount being written off was also at peak levels.

After a balance has been delinquent for six months, regulations require the card company to reduce the value of the debt on its books to zero. If a borrower has not paid by this point, chances are he never will.

“The creditors would rather have a piece of something now instead of absolutely nothing down the road,” said Adam K. Levin, the founder of the consumer education Web site Credit.com.

Banks and credit card companies are discussing new programs that would, for the first time, allow credit counselors to invoke reductions of principal as a routine part of their strategy, said Jeffrey S. Tenenbaum, a lawyer for many counseling agencies. In the past, counselors could persuade card issuers to adjust interest rates and modify late fees, but the balance was untouchable.

An example of how quickly the card companies are shifting their approach is in the behavior of HSBC, a major issuer, toward Mr. McClelland.

He was paying fitfully on his card, which was canceled for delinquency. In April, HSBC offered him full settlement at 20 percent off. He declined. A few weeks later, it agreed to let him pay half.

Traditionally, the creditors could play tough with any accounts that became delinquent because the cardholders had assets. The creditors could sue or place a lien on a cardholder’s house.

As the recession grinds on, though, many cardholders have less to lose. Mr. McClelland, 42, is a renter. Since he is self-employed, he has no wages to garnish. But he did not want to feel like a deadbeat.

“Having this over and done with was appealing,” he said. He raised the agreed-upon $2,743 and sent it off electronically last week. He has spared himself the prospect of years of collection calls.

HSBC said it did not comment on individual cardholders and would not discuss its policy toward settlements. “Every customer situation is unique,” said a spokeswoman, Cindy Savio.

The card companies, perhaps understandably, do not want to promote the idea that settlements have become merely a matter of asking nicely. The creditors also point out that a delinquency, like a foreclosure, destroys a credit record.

And there can be a Catch-22: those with the fewest assets are the likeliest to receive a settlement offer, but they are also the least able to come up with the cash for that final negotiated payment. Some creditors, though, are helpfully letting people stretch this out over months.

Still, a line has been crossed, credit experts say.

“Even in the early stages of delinquency, settlements can be dramatic,” said Carmine Dorio, a longtime industry executive who ran collection departments for Citibank, Bank of America and Washington Mutual.

During the boom, nonpayers were treated more harshly because, paradoxically, their debt was more valuable. Collection agencies were eager to buy bundles of old debt from the card companies for as much as 15 cents on the dollar. In a healthy economy, even the hopelessly indebted can pay something.

In this recession, where collection agencies have little hope of collecting from the unemployed, that business model is suffering. Experts say 5 cents on the dollar is now the most a card company can hope to get for its past-due accounts.

Another factor undermining the card companies is the rise of debt settlement firms. These are profit-making companies that charge fees, nearly always in advance, to bargain with creditors on a consumer’s behalf.

Settlement companies are under fire from regulators, who say they promise much and deliver little. But their ubiquitous ads, which make a settlement seem not only easy but also a moral victory over shamelessly gouging card companies, have done much to spread the idea.

Although there are few independent statistics on the settlement industry, there is no doubt that some generous deals are being done.

Consider Bedros Alikcioglu, a gas station owner in Newport Beach, Calif. He owed $112,000 on four cards and was paying $3,000 a month in interest and late fees. “It was so hard to earn that money, and paying it to nowhere didn’t make sense anymore,” said Mr. Alikcioglu, 75.

He signed up with a debt settlement company named Hope Financial, which negotiated deals with his creditors to settle for about 35 percent of his balance. Hope Financial is charging Mr. Alikcioglu about 12 percent of his original debt.

“I did not want to leave the legacy of bankruptcy,” Mr. Alikcioglu said. “I am now at peace.”


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Read Comments (15)  —  Post Yours »

1

 Jun 16, 2009 at 03:54 PM Anonymous Says:

what do i do if i started with my bankruptcy?

2

 Jun 16, 2009 at 04:36 PM Anonymous Says:

all of us who pay the cc. are upset for the fact that we pay in full, and get nothing more than the guy with the settlement

3

 Jun 16, 2009 at 05:08 PM Millhouse Says:

Reply to #2  
Anonymous Says:

all of us who pay the cc. are upset for the fact that we pay in full, and get nothing more than the guy with the settlement

The guy with the settlement has a credit report that reflects his negative behavior.

4

 Jun 16, 2009 at 04:54 PM Anonymous Says:

dont be surprised when you have to pay income tax on the debt you are forgiven

5

 Jun 16, 2009 at 07:53 PM Milhouse Says:

Reply to #3  
Millhouse Says:

The guy with the settlement has a credit report that reflects his negative behavior.

Hey, that's my name. Get one of your own.

6

 Jun 16, 2009 at 07:05 PM victim Says:

Be carefull with scams some companies/people claim they settle your acoount and take the money and never pay it to the CC even if they claim to settle or received an offer from the CC make sure to get a copy from the CC and pay them directly never pay for this person even if he Is a heimishe person... Be cauties

7

 Jun 16, 2009 at 07:01 PM Anonymous Says:

Reply to #3  
Millhouse Says:

The guy with the settlement has a credit report that reflects his negative behavior.

Not reallly it will show "account settled" or agreed paid" what is not to bad

8

 Jun 16, 2009 at 06:59 PM Anonymous Says:

Reply to #1  
Anonymous Says:

what do i do if i started with my bankruptcy?

Well you don't have to pay them and they can't ask you for the money but you are alloed to pay especially when you show them that you filled they will be more than happy to settle for less

9

 Jun 16, 2009 at 09:04 PM yehudala Says:

The only good business today is Bank/credit card companies you have the states government backing you up you have insurance companies you just need to convince people that they need the 2010 car (that can't afford) or that 800k 4bedroom 2.5 bath attached on both sides with a sheared driveway (fight with mr l every day) house. I can go on on on ps what are you doing ?!

10

 Jun 17, 2009 at 08:09 AM PMO Says:

Great... a bunch of deadbeats who live beyond their means and can't pay their bills are forcing the CC companies to jack up the interest rates on the rest of us! I rarely carry balances, but sometimes do for business. I have fantastic credit but I will still have to pay the price for those irresponsible people. The card I used most often jacked up twice on me from 11% to 19% and then to 28%. I had to stop using it and switch to a 14% fixed rate card.

Thank you to every low-life who put their whole life on credit and then just decided one day not to pay. It is MY pocket you are stealing that money from.

11

 Jun 17, 2009 at 06:21 PM Anonymous Says:

Reply to #10  
PMO Says:

Great... a bunch of deadbeats who live beyond their means and can't pay their bills are forcing the CC companies to jack up the interest rates on the rest of us! I rarely carry balances, but sometimes do for business. I have fantastic credit but I will still have to pay the price for those irresponsible people. The card I used most often jacked up twice on me from 11% to 19% and then to 28%. I had to stop using it and switch to a 14% fixed rate card.

Thank you to every low-life who put their whole life on credit and then just decided one day not to pay. It is MY pocket you are stealing that money from.

YOUR POCKET HAH??? Really!!! How about if there are people who DID in fact pay their balances on time and had a 700+ Score but for no reason the banks decided to jack up the interest rate to 29% which makes minimum payments unaffordable and even after calling the bank asking them several times to reduce the rate back where it was, the answer was no! i am not asking to reduce to 0% and the bank said NO way unless you stop paying for a while. what am i supposed to do other then tell the bank to go fly a kite?? HUH???

12

 Jun 18, 2009 at 01:12 AM PMO Says:

Reply to #11  
Anonymous Says:

YOUR POCKET HAH??? Really!!! How about if there are people who DID in fact pay their balances on time and had a 700+ Score but for no reason the banks decided to jack up the interest rate to 29% which makes minimum payments unaffordable and even after calling the bank asking them several times to reduce the rate back where it was, the answer was no! i am not asking to reduce to 0% and the bank said NO way unless you stop paying for a while. what am i supposed to do other then tell the bank to go fly a kite?? HUH???

If you have THAT much credit card debt, then you live beyond your means. That is YOUR fault... not the bank's fault.

13

 Jun 18, 2009 at 12:58 AM Anonymous Says:

Let me tell you about these settlements.
The big credit card companies will carry a debt for just so long.
Then they sell it (I am in his business) to buy the debt for 10cents on the dollar. The credit card company writes it off as bad debt and they get their loss at tax time.
The company that buys the loans then start hounding you. If you answer the phone, it is a winner. If you agree to start payments, they HIT THE JACKPOT. They see how weak you are. If men beit zich, then they will not give in, if you have assets, they will threaten to put a lien on them. But if you tell them that you have no job and have no money then they will agree to take off a chunk of the past due balance (after adding their fees). Your credit is shot anyway because even if you pay, the notes on your credit report will just say "account settled" (not paid). That will affect your credit rating and future credit requests for ortgages or car loans etc..
. and then, that is only one loan. usually people have a number of credit cards so that will still not go away.
The besta zach az men macht zich nisht visendig from them and DO NOT GIVE IN.

14

 Jun 18, 2009 at 08:42 AM PMO Basher Says:

Reply to #10  
PMO Says:

Great... a bunch of deadbeats who live beyond their means and can't pay their bills are forcing the CC companies to jack up the interest rates on the rest of us! I rarely carry balances, but sometimes do for business. I have fantastic credit but I will still have to pay the price for those irresponsible people. The card I used most often jacked up twice on me from 11% to 19% and then to 28%. I had to stop using it and switch to a 14% fixed rate card.

Thank you to every low-life who put their whole life on credit and then just decided one day not to pay. It is MY pocket you are stealing that money from.

You are sorry that the CC companies are forced to jack up the interest rate. You have a fantastic credit rating. You are upset that the banks jacked up your APR from 11% to 28% and you put the blame on the deadbeats. You are a big idiot. You deserve to be slapped with an APR of 28%. I would've put you on the street and foreclosed you, for brainless! Just remember (if you can) that banks were THROWING with money after people like you, they were offering 0% and consolidation of transfers for 3 times your actual yearly income! Don't put the blame on the public. Banks are supposed to know better, don't they?

15

 Jun 18, 2009 at 07:38 PM PMO Says:

Reply to #14  
PMO Basher Says:

You are sorry that the CC companies are forced to jack up the interest rate. You have a fantastic credit rating. You are upset that the banks jacked up your APR from 11% to 28% and you put the blame on the deadbeats. You are a big idiot. You deserve to be slapped with an APR of 28%. I would've put you on the street and foreclosed you, for brainless! Just remember (if you can) that banks were THROWING with money after people like you, they were offering 0% and consolidation of transfers for 3 times your actual yearly income! Don't put the blame on the public. Banks are supposed to know better, don't they?

Spoken like a true communist New Yorker. Where does personal responsibility come in to play here? Just because there is a woman on the corner willing to have relations with you does not mean that you have to take her up on it. The same holds true here. Just because you CAN get credit, does not mean that you HAVE TO TAKE IT.

Yes, the banks were just as irresponsible, but I am tired of hearing about all the "victims". The "victims" are mainly "victims" of their own selfishness and greed.

While I am disgusted with the practices of these banks, I am equally disgusted by the gluttonous behavior of those who racked up debt like there was no tomorrow in order to build some phony "lifestyle" that they could not afford. Many people lied about their income in order to get more credit. I know plenty of "frum" yidden that worked the system very well by lying about their actual income.

16

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