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Using a Debt Management Company to Negotiate on Your
Behalf - Very often, trying to negotiate with your creditors can be
a daunting prospect especially if you are not 100% certain of your
rights. Using a debt management company
to negotiate on your behalf will help you avoid this. The company may
also offer to share out your payments to multiple creditors on your
behalf meaning that you only have to worry about a single affordable
payment each month. If you feel using a debt management company
may suit you better than trying to tackle the creditors yourself, then
look at the following advantages and disadvantages first before making
the call.
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Advantages |
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Disadvantages |
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The company is more likely to be
able to reach agreement with all creditors due to their experience and
credibility |
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You may have to pay a fee for a
company to work on your behalf – always ensure you know what this will
be. |
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The company has better
understanding of the law and what is acceptable and unacceptable on
your behalf – therefore giving you the best representation |
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You will have to trust someone
else to manage the situation on your behalf |
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The company are dealing with the
creditors therefore reducing your stress – the more stress you can get
rid of the better! |
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Managing the Negotiations Yourself
- negotiating with your creditors yourself will cost you nothing and gives you
ultimate control. However, using this approach means that you will have to
face your creditors yourself which is not always easy particularly if there
are a lot of them. In addition, you need to consider if you have the time and
ability to follow this through. If you have, then consider the following
advantages and disadvantages first:-
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Advantages |
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Disadvantages |
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You won’t have to pay any fees
to an external company |
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You might find it difficult to
reach agreement with all of your creditors – particularly if you
have more than 3 |
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You have control what you say to
who and when |
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You most probably won’t have as
much experience and understanding of the law and what is and isn’t
acceptable, therefore leaving you more open to intimidation |
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This will add more stress to an
already stressful situation – will you be able to cope? |
Top Ten Tips in Dealing with Debt/Creditors Yourself
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Communication
- Communication is the key to successful negotiations with creditors. Do not
ignore their letters. Answer them promptly by letter or by telephone. If you
promise to contact someone by a certain date, make sure you keep your
promise and contact them even if only to tell them when you are going to
make a payment to them or advise why there is a delay.
-
Mind Your Manners
- It never pays to get angry with anyone, even when you feel justified in
doing so. Always be polite and courteous even in the face of being treated
rudely. It takes the wind out of their sails. If someone is acting
negatively with you and you react negatively, it always makes the situation
worse. As a debtor your objective is to persuade someone to be sympathetic
to your circumstances.
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Don't Take Any Nonsense
- Don't take any nonsense from anyone. Make sure that you have calculated
what you can afford to pay each creditor and stick to the plan. Offer to
send them an income and Expenditure statement if necessary. Do not allow
yourself to be intimidated. 100 years ago we used to have debtors prisons in
the UK. This is not the case now! If it was, we would not have enough
prisons to house even a small proportion of debtors! The worst that can
happen is that a creditor will obtain a court judgement against you and take
money from you on an involuntary basis, which you can avoid through several
ways explained in this website.
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Get It In Writing
- Get it in writing. Always create a paper trail. This starts with your
records such as invoices, credit card statements etc. Every telephone call,
letter written/received and offers made. Always make a note of the date and
time and to whom you have spoken and if necessary confirm all conversations
or offers in writing.
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If You Get into Trouble
- If you get into trouble after you have negotiated an offer and you can't
adhere to the arrangement, contact the creditor in advance. Attempt to send
a portion of the funds you promised with a proposal to make up the balance,
or renegotiate the entire proposal. Do not wait to contact the creditor
until after you have missed a deadline for payment.
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Protect Yourself
- If you receive Court or official papers, DO NOT IGNORE
THEM. Make sure you know how much time you have until a legal response is
required to be filed with the Court. This is usually set out on the Court or
official papers. Then make sure your complete the documents and return them
on time. If you need help with this, then get advice.
-
Be Realistic and Fair
- Always be realistic with your offer. Only offer what you can actually
afford. Ensure you complete your statement of means as accurately as
possible, not forgetting expenses such as school expenses, child minding,
cigarettes, TV licence etc. Do not however insult your creditor by over
estimating your expenses, such as entertainment, dining out etc. The
majority of creditors are fair and they will expect realistic payments
within your budget.
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