10/15/2010 12:46 PM (PST)

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This company offers a debt relief service. Customers enrolled in the program must agree to have a monthly deduction taken from their bank account as a means to save money to pay creditors. The company claims to work with a processing service in Oklahoma called Global Client Solutions who maintains client funds in easily accessible accounts for the purpose of paying the creditors. Our experience with debt negotiating companies who use separate processing companies had been that if problems occur, neither party will assume responsibility for refunding the complainants money. The processing service generally maintains that the contract is with the debt relief company. The debt relief company contends that the processing company has control of the funds. Complaints on these companies allege that creditors continue to harass clients, fees and interest continue to accumulate, and that the companies do not contact the creditors. 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 from the companies.

Debt relief companies typically advertise to attract customers with large credit card debts 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. 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 may constitute a tax libility.