L.C.C.I.

Our experience with debt negotiating companies is that they attract customers with large credit card debt by claiming to be able to settle those debts for a fraction of their face value. They often claim that their services are more effective than those provided by credit counseling services and that they are a superior alternative to bankruptcy.

Complaints on these type of companies allege that creditors continue to harass clients, fees and interest continue to accumulate, and the creditors are not contacted. Usually, creditors turn the claims over to collection agencies, file suit and pursue collection of the money owed to them. Debts are seldom settled, customer's credit is ruined, and many people are sued forcing them to seek bankruptcy protection. Typically, it is difficult to obtain refunds.

These companies usually instruct their clients to stop paying their creditors. Some companies direct clients to make their payments to the debt negotiation company instead. They promise that when sufficient cash has been accumulated to offer a settlement to a creditor, they will do so. They go on to say that their program may take two or three years to complete. Most companies collect their fees upfront and generally the fees are based on some percentage of the promised savings.

Other companies simply collect their fee and advise debtors to save their money to pay their creditors themselves. California law limits the amount of fees debt negotiators can charge, but by not collecting the money and distributing it to your creditors, companies can remove themselves from the limiting statutes and charge whatever they wish. What they are supposed to do for you while you’re saving up your money is to contact your creditors and inform them that they’re working with you, negotiate the amount to settle your debt, and ask them stop contacting you. Debtors may not realize that if their creditors do accept a negotiated settlement, the amount forgiven constitutes taxable income.

For businesses outside of California, please check with the agency that regulates this industry.

Our experience with similar offers is that they advertise various credit services which they claim are designed to provide assistance to consumers with poor credit histories to improve their rating by removing negative items or creating a new credit file.

However, clients of these types of offers generally complain that their credit histories do not improve, that they are unable to contact the company making the offer, and ultimately that refunds for failing to provide the promised services are not provided.

By law, information stays on your credit report for seven to 10 years. Accurate negative information can only be removed by with cooperation of your creditors, and this usually involves paying all or some of the debt. If you believe your credit report contains erroneous information, you may dispute the entry by calling or writing the the credit reporting agency. While in dispute, the negative item may be removed temporarily from your report, however it will be added on again if determined to be valid.

According to California Law, it is unlawful for any entity offering to improve or repair your credit to charge fees in advance of performing those services, even if properly registered and bonded with the California Attorney General's Office.