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Disadvantages of Debt Settlement -Creditor Calls
Another commonly referenced disadvantage of debt settlement is
the potential for increased debt collection activity. For consumers
who are current on their payments or ones that lack the stomach for
collection calls, this is another downside that should be carefully
considered prior to enrollment in a debt settlement program. For
those of us who have already fallen behind or where defaulting on
payments is imminent, this fact might be of minimal concern since
collection activity has already increased or is inevitable.
Moreover, although no debt settlement company can cause collection
calls to stop, particularly those made by the original creditor,
there are steps that can be taken to reduce them. One popular method
is changing your phone number and address to your settlement
company’s phone number and address, so all collection calls are
automatically routed to them instead of you. Furthermore, there are
state and federal laws that specifically target overly aggressive
collection activity. Through the help of your debt negotiation
company, you can educate yourself about the Fair Debt Collection
Practices Act (FDCPA), which prohibits excessive harassment by debt
collectors (not the original creditor, however).
Many settlement companies promote the use of Cease and Desist
letters as a way to stop creditor harassment. In accordance with the
provisions of the FDCPA, collectors are legally obligated to stop
contacting a consumer when they receive a Cease and Desist letter.
Although this tactic is typically successful at stopping collection
calls (we say “typically” because many collectors ignore Cease and
Desist letters or claim they never received them), it is a dangerous
technique because it can trigger escalated collector efforts by
sending the debt to a law firm.
In the end, consumers must understand that although debt settlement
companies can take steps to reduce creditor harassment, collection
calls are still inevitable throughout the program. Ultimately, it is
the duty of the consumer to weigh the financial gains of debt
settlement against the nuisance of dealing with creditor calls. For
many overextended consumers, using caller ID is a small sacrifice to
be debt free without bankruptcy.