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**Disclaimer – Debtprison.net does not administer legal or financial advice. The contents of this website are my opinions on collection agencies and how to deal with them. Nothing on this website should be interpreted as legal advice or council. No opinions on this website should be used to replace the advice of your financial advisor or your legal council.

I was recently contacted by a full time college student with five credit card accounts. He doesn’t make enough money to pay all the minimum payments and was wanting to salvage his credit as much as possible. All of the credit card companies, with the exception of Bank of America, accepted him into hardship programs. The hardship program stops the fees and lowers the interest rate so that he can continue to afford payments.

First off, I have a great appreciation for your advice, I have scoured the net for info regarding my debt, and yours is definitely one of (if not the most) helpful compilation of articles I have found. So… THANK YOU! I have five credit cards with totaling balances upwards of $15,000 which are all in my name, but were compiled between my girlfriend and myself (I know, ridiculously stupid to do this). When I was 19 (I am now 22) I received a car loan for $14,000 with no cosigner at a 10% rate. I currently owe about $5,000, have paid almost all of the interest, and will be paid in full in June of 2010, which is also about the same time I will graduate with my bachelors.

In the last year I lost employment, and desperately took a job making significantly less than my monthly obligations. I have been living with my parents and working as much as possible, but I am also a full time student. My debt has ballooned because of use for necessity, late payments and skyrocketing interest rates. I have looked into settling but decided I would negotiate with the companies on my own and do my best to honor my agreements.

All of my creditors have accepted me into hardship programs which stopped all fees and lowered the interest to at or below 10%, except for Bank of America. I owe them the most money at 5k+, with interest currently around 23%. They told me that because my monthly income is less than my obligations they cannot enter me into one of their programs, and I literally cannot afford to pay them at what they are charging me right now.

Given my situation, and that in June of 2010 I should be in a position to make substantially more money because I will graduate and no longer be paying $300 for a monthly car payment, I was hoping to avoid settling or having my account charged off and settling with a collection agency and further damaging my credit. But to me this seems a better option than filing bankruptcy or selling my almost paid car (worth about 8-9k) as I need reliable transportation for a long commute to work and school. I would really appreciate your feedback on this.

All Best, Tyler

Debt Prison response…

Perhaps a two or three year struggle with debt, in your early twenties, can serve as a life long reminder of why using credit should be avoided. Keep your car and complete your bachelor on time if you can. Otherwise, work two jobs and pay most of this debt down.

If you are able to ‘get along’ with four of your credit card accounts for the next year and a half then do so. If you can afford to make payments to them then do so. Bank of America can hit the road. This is not legal advice; this is my opinion on how I would handle your circumstance. I would simply write BOA a letter, explaining that you can no longer make payments, and that later on you will satisfy this debt with them. That’s all I would tell them. Now here’s the bad part.

If they have your home phone number they will auto-dial it for probably six months, most likely, several times a day. Your parents won’t like this. They will also bump your interest to probably 32% and pile on the fees. Collection agencies will do the same, possibly for years.

Within a year they’ll most likely sell the debt to a collection company. 2009 is expected to be a record year for charge offs on credit card accounts – one in ten Americans. That’s a lot of people. When you graduate college you can pay off your debts, and work on settling with the collection agency. They’ll settle for a percentage of the debt they claim you owe.

Yes this will put a negative strike on your credit report, but under your circumstances I fail to see how you can avoid such negative strikes. Besides, you’ll be better off if you avoid using credit. I can’t stress that point enough.

Hope this helps.

Discuss this article and meet new people at Debt Prison Forums.

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**Disclaimer – DebtPrison.net does not administer legal or financial advice. The contents of this website are my opinions on collection agencies and how to deal with them. Nothing on this website should be interpreted as legal advice or council. No opinions on this website should be used to replace the advice of your financial advisor or your legal council.

A reader at The Fair Debt Collection Practices Act wants to use the debt snowball but the collection agency has placed an ultimatum on another debt… should she pay it? 

Hi, I would like to thank you for this website!!! I do not feel so alone anymore!!!! Here is my story…. My husband worked for MBNA for 5 yr. and when Bank of America took over they told him to look for a new job b/c he made too much money. They let him go w/i 2wks. This is when all hell broke loose for us.

He was out of work for 10 months. Slowly but surely our cc debt crept up. Our once perfect credit that we once used for convenience purposes and paid in full monthly had totally gone out of control. He did get another job and made $60,000.00 less a year. So we were fighting to just get by never mind paying off our $20,000.00 in cc debt. Well in Sept. he lost the only job our family has. So now we are really screwed. We get about 10-15 calls per day from collectors. And now Bank of America’s legal department contacted us on Friday saying that they will be pursuing legal action if we did not pay them $268.00 by the end of this month and $150.00 every month there after.

The kicker is that we are one month away from settling a $20,000.00 debt on our other Bank of America account. I am begging, borrowing and stealing to make sure that gets paid! I just cannot afford this extra $268.00 right now and they are so unwilling to wait until December when the $20,000.00 will be paid off.

We literally have nothing we are feeding the kids with food stamps at this point b/c we have no income. We have to let the legal department know if we are willing to do this by Monday. Do you have any advice? If they do pursue this legally will it make them look bad that we couldn’t pay on both but are trying to pay the one? I am at wits end and can’t even sleep anymore. The woman from the legal department was so mean and said “well I pay my bills” AAHHH!!!! I have read your threads and have found them all very helpful.

Thank you,
Sheila

Debt Prison response…

I would just stick to the program you are currently on. I would inform BOA that they can pursue legal action if they’d like.. but you cannot pay anything until December. I would settle the other debt first… and then begin repayment on the other account. And not one damn day sooner.

It’s because you can’t afford minimum payments that you have to default in the first place.  Continuing in the cycle of unreachable minimum payments will only postpone the settlement process for you.  Stick to the debt snowball, pay/settle off one debt at a time, and chances are you won’t go to court.  However, if you do find a summons request in the mail, go represent yourself and do your best to cooperate with the desires of the court.

If we all agreed to the terms of debt collectors we’d never get out of debt… Remember their job is to get a payment out of you right now.  You can’t blame them for this… after all you do owe them the money.  However, you have to pursue the actions which will do the most good for your financial health overall.  Keep that in mind as you deal with collection agencies.

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