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Debt agreement rip off

November 4th 2009 02:10
The number of people taking out debt agreements surged twenty nine per cent last financial year, while total bankruptcy activity as reported by the government’s insolvency trustee was up eleven per cent.
Even after the Rudd government’s generous economic stimulus payments to families were delivered earlier this year, the number of new debt agreements continued to grow by thirteen per cent.
Under a debt agreement, an indebted consumer typically repays about 76 cents in every dollar they owe, plus they have to pay thousands of dollars to a ‘debt agreement administrator’ who collects their repayments and distributes them to creditors.

Often a debt administrator’s fees can take about forty per cent of an insolvent consumer’s repayments.
Many people are sold debt agreements when they should really be declaring themselves bankrupt says Richard Foster, executive director of the Financial and Consumer Rights Council.
“Financial counselors see a lot of people who have entered into debt agreements on illogical and unviable terms to begin with,” says Foster “The repayments are set too high and are often unrealistic.”
“There are a lot of debt agreements that fail and the debtor ends up as bankrupt anyway.”
Now new laws proposed by the federal attorney general Robert McClelland seeks to encourage debt agreements over bankruptcy.
“Debtor agreements recover about 76 cents in the dollar whereas bankruptcy only recovers about 1.6 cents in the dollar,” said McClelland last week “So it can be a better outcome all round.”
Debt agreements are certainly a better outcome for creditors and for the companies that administer them like Fox Symes, the dominant player in the debt industry, with 54 per cent of the market.
Fox Symes profit jumped up 229 per cent in the year to June 09 on revenue growth of forty per cent.

The Victorian Consumer Action Law Centre has real concerns about Robert McClelland’s reforms.
“We don’t think they should be expanding access or funneling more people into debt agreements,” says Nicole Rich a solicitor at the consumer centre.
“We have a lot of concerns about this industry, including the fact that the single largest amount of money paid by a person on a debt agreement goes to the administrator.
“They are often marketed or sold to the debtor as a way to avoid the stigma of bankruptcy.
“But they are still an act of bankruptcy that stays on your credit file for seven years,” says Rich.
“At least with a bankruptcy you clean the slate and can start again.”
Richard Foster also expresses some doubt that debt agreements can be classified as good for everyone.
“I wonder how many people who entered into debt agreements profited by it as much as Fox Symes did?”
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Escape your debt - go bankrupt now!

November 4th 2009 02:07
Are you heavily in debt and struggling with repayments? Have you ever thought about declaring yourself bankrupt to escape from creditors?
Don’t think about it for a moment longer, do it now, escape your debts and start your life afresh.
That is the controversial advice from bankruptcy advisor Fred Appleton who says bankruptcy saves lives.
“If someone asks me ‘Do you think I should go bankrupt?’ I immediately say yes,” says Appleton.
“I recommend bankruptcy to everyone who says to me, ‘I can’t afford my repayments.
“If you think you are insolvent, you are. And I say ‘don’t wait’, go bankrupt and start your life, and your financial life too, all over again.”
“The best thing most bankrupts do in their life is go bankrupt.”
Appleton is a former chartered accountant and a former bankrupt himself who now actively encourages heavily indebted consumers to declare themselves bankrupt.
“Without going to court bankruptcy quickly enables ordinary people to get out of debt, so you won't owe anything more on your credit cards, tax, unsecured personal loans, and things like that.
“As far as you are concerned, these debts get cancelled. You’ll virtually be debt free, quite often completely, absolutely debt free, in about a week.”
A typical bankrupt repays less than two cents in the dollar to their creditors.
That sounds like an appealing strategy for people who can’t repay their debts, but more and more of those people are being redirected into the highly profitable and expensive debt agreement industry.
Debt agreements are marketed heavily on daytime television, the internet and in local newspapers as debt solutions by companies who rake in big profits administering them.
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Zero Rate Credit Card Balance Transfer offers are generally a rip off with most consumers paying more, not less interest when they take up a so called low rate card with zero interest on balance transfers from other cards. However used properly the best deals in the market can save consumer thousands of dollars.

Statistics from the Reserve Bank of Australia analysed by research company Infochoice, indicate that people with a card debt of $10,000 can save up to $4300 by using the balance transfer offers now in the marketplace.

However most people usually end up paying more because they are being caught out by myriad complex terms, conditions and loopholes which are often only disclosed in long legal contracts.

For example, what is not prominently revealed is the interest rate you will be charged once the promotional period runs out - which is often the cash advance rate, bot the headline purchase rate.

Also not highlighted is that there is often no interest-free period on new purchases, while any part of the transferred balance remains unpaid.

And interest on these new purchases can keep accruing for months or years because you can't pay them off until after the transferred balance is paid off in full.

Another trap is the deal is off if you miss a monthly repayment on some cards and the whole balance starts earning interest at a higher rate.

Ironically, experts say it is the lowest-rate credit cards that contain some of the biggest traps for the unwary.

That low-rate card with the zero per cent balance transfer rate could actually be costing you a lot more than a premium gold or platinum card with a big annual fee and lots of bells and whistles attached.

"I would say for every person who is getting a real financial benefit from the zero rate balance transfer offers, there are at least two who are not," says Mike

Jarocki, spokesman for credit card research website creditcardfinder.com.au.

"Most people are ending up paying a lot more," he says.
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Footy creates bankruptcy

November 6th 2008 04:34
There is a debt crisis amongst young people. The buy now, pay later culture promoted by retailers and lenders is impacting heavily on those consumers with the least experience of credit and debt.
Forty one per cent of all debt agreements are signed by people under the age of 30. A debt agreement is a low cost alternative to bankruptcy that more and more people are being forced to undertake.
The number of people declaring themselves insolvent and unable to repay their debts has surged and young people are the most likely to fail with credit and managing their finances. People aged 25 – 29 are the most likely to find themselves in trouble with consumer debts like credit cards, mobile phones and loans according to the Insolvency Trustee Service of Australia


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The thousands of dollars on offer from the federal government for families looks likely to be eaten up by the extreme debt loads now being carried by average Victorian households.
The number of consumers getting into trouble with unsecured debts is rising strongly with debt agreement administrators reporting that average debt loads are also rising.
The federal government bankruptcy agency, the Insolvency Trustee Service of Australia, reported last week that the number of part nine debt agreements entered into during the three months to the end of September rose 7.94 per cent compared to the June quarter to 2202 nationally


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Debt collectors going feral

October 28th 2008 00:41
Karen Madden is at the end of her tether. Debt collectors have her totally terrified of answering the telephone and she is currently fighting in court to save her home from being taken away from her.
Why? Because two years ago while she was dealing with a close family member who had been taken very ill, she fell behind with her repayments on a credit card debt of $4,000.
The bank then sold her debt to a collection agency that consumer groups describe as “notorious” for their intimadatory tactics


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Fox Symes Australia continues to work towards becoming a financial product and service provider and away from being dependent on debt agreement fees


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Debt industry shakeout

January 22nd 2008 23:40
Big Debt companies have their own problems.

Changes to the Bankruptcy Act have caused havoc in the debt administration industry with one major player forced to withdraw from Australia while the market leader has suffered a serious profit downgrade and the loss of 50 per cent of its’ market cap.

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