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Trying for settlement during hardship plan

Date: Tue, 07/10/2012 - 14:15

Submitted by whynotry
on Tue, 07/10/2012 - 14:15

Posts: 12 Credits: [Donate]

Total Replies: 11


Hi, hoping for some advice/suggestions on how to do a credit card settlement/payoff. I currently owe 48k to 3 credit cards.

Citi ~11000 Account closed at credit grantors’s request
Chase ~14000 Account closed at credit grantor’s request
BofA ~23000 Account closed at customer request

Debt is mainly from a failed business venture. My debt was initially 70000 but after negotiating with credit card companies I was able to enter into 60 month 0% interest payment plan with all credit cards, I have paid ~1200 every month for the past year and half. I am current
on all payments

My current situation:
I have been underemployed for the past year making $1200 (before SS, etc.) a month working for a family member. My whole paycheck goes to make my CC payments and the difference plus my health insurance have been paid by my brother (former partner at failed business). He filed BK7 and got a new job.
I had to move back to parents home after failed business and do not have additional expenses but I would like to start paying them some amount for utilities, food, etc. and make some small purchases like clothes every once in a while. This is currently impossible since I have no money left over.
I “own” a 150k home and have a balance of 50k on that loan. I say “own” because the house is on my name but I purchased it 10 years ago, for a close relative who had no credit history with the intention of transfer it to him after he build up some credit. For all intents and purposes it is his house; he makes payments, repairs, etc. I have no involvement at all. But because of this house I could not do the BK7 when my debt was at 70k.
My brother was accepted to graduate school and will be unable to help me with health insurance payments (~300) starting in August.
I recently was able to get 4k from an accident settlement and parents will be able to loan me additional ~10k if I can settle at 30%.
What strategy would you recommend? I’ve read that its best to stop making payments for a few months before so they offer the payoff themselves. Would that still apply since I am already on a payment plan? Should I just call the credit card companies before I start defaulting informing them of the new situation and listen to their suggestions? I’ve read it’s best not to contact them but if I am already in their hardship plan would that still apply? What happens when you default on their hardship plans? If I decide to start defaulting should I do it for all the credit cards at the same time or choose the one with the highest/lowest payment first? I think if would still have chapter 13 to fall back on but I rather not add 5 more years of payments (under my current plan I still have 3 ½ years to go). What kind of hit do the 60 month 0% interest payment plans have on credit score? Is it the same as doing a bankruptcy or settlement?

Thanks in advance for your suggestions.


Citi is very aggressive when it comes to settlement negotiations. Case is somewhere in the middle but they can drive a hard bargain. BofA is the easiest of the lot.

If the house is a roadblock on your way to filing for bankruptcy, you can just as well reaffirm the debt and keep the house.

Other than that, you can have a talk with each of the creditors and see what they are willing to offer you. If you fall out on making payments while you are in their hardship plan, they might attempt to sue you.


lrhall41

Submitted by anonymous on Wed, 07/11/2012 - 01:03

( Posts: 202330 | Credits: )


I'm going through the same thing. Bank of America's FIA Card Services won't even speak to me about a settlement, until it has gone 6 months with no payment. So I'm continuing to lumber along, and hope I find work and can make the $170 a month minimum payment. I have paid off over 75% of the debt, have $2600 now remaining. Been out of work, no home, live in my car, work is hourly, catch as catch can.

It's a bitch.


lrhall41

Submitted by anonymous on Wed, 07/11/2012 - 17:08

( Posts: 202330 | Credits: )


We are currently going through this exact problem. We have 2 accounts, one with Chase and one with Amex Optima. We entered into hardship 6 months ago and I questioned both at the time whether this would affect my ability to settle in the future. They both said no. Now I'm ready to settle both, funds in hand, but Amex is wanting 66% and Chase is wanting 78%. I stopped making payments last month and will continue to wait for a better offer.

I've sent a counteroffer for both and am just waiting now. Wanting to get this completed and to move on!


lrhall41

Submitted by gettingoutofdebt on Mon, 07/16/2012 - 03:11

( Posts: 14 | Credits: )


I'm not sure exactly what Chase will do, though I can only assume they will remove me from the hardship plan and tack back on interest. But I honestly believe if I continue to make payments, they won't ever be willing to settle.

We're now onto 2 missed payments and Chase is unwilling to settle for anything less than 75%. Given them enough opportunities and even explained that husband received 60 day notice at job last week. Can't continue to pay plan because it will eat away at settlement fund. And no income really means no payments. Oh well...

Though they continue to call daily, the plan is to speak with them twice a month for the next 2 months and try again.


lrhall41

Submitted by gettingoutofdebt on Tue, 07/31/2012 - 05:12

( Posts: 14 | Credits: )


As far as the creditor suing you, this may be possible. I hope you can find a way around that, though. I don't know if you update us yet, but if not please tell us the latest news regarding this situation.


lrhall41

Submitted by mydebtrelease on Mon, 08/06/2012 - 09:36

( Posts: 24 | Credits: )


Finally, after close to 3 months of no payments on hardship, Chase was willing to settle. The calls were coming daily for 2 months and I would talk to them a couple times a week, telling them the same thing - husband received notice at work, no income means no payments, borrowed money from relative for settlement, but only have a certain amount. They didn't want to hear it and were always eager to get off the phone. But they continued to call back. They were wanting 75% debt was about $23,000.

At close to 3 months, I received a call from someone that "wanted to help". We were offered a settlement at 65% over 3 months. Explained that I would discuss with husband but not sure we could swing that. It was still more than we had and husband only had job 30 more days, so scared that we wouldn't be able to cough up the rest of the money. We countered at 53% and they took it - one lump sum payment. This was $1000.00 more than we originally offered them back in June. Received offer letter, made payment and we're done. Just waiting on settlement complete letter to come in a few weeks.

Just like our Amex, we may have been able to get a lower settlement, but we had the money to take this and it was more important to get it done and not have to worry any longer.

Thanks for all the advice - these forums have been tremendously helpful!


lrhall41

Submitted by gettingoutofdebt on Fri, 08/24/2012 - 04:16

( Posts: 14 | Credits: )


I finally decided to go ahead an start the process of obtaining settlements. I called BofA and Chase and informed them I would be unable to continuing making payments. I asked for a settlement option. BofA was not interested at this time, did not even ask for offer. Chase asked for an offer but told me they are normally only accepting 80%. I gave my offer (a bit below 30%) and was denied after they checked with their underwriter. Decided to hold off on citi as i may not have enough funds if i am unable to get a ~30% settlement and a bit worried about their apparent willingness to sue. Will wait a few weeks before contacting them again. Hopefully the calls during the holidays wont be too annoying.


lrhall41

Submitted by whynotry on Tue, 10/23/2012 - 08:36

( Posts: 12 | Credits: )


If you want to actually settle your debt, or do have that option. Relief1debt.com actually did this for me with my bank of america and amex cards. I was able to counter through my rep at relief1debt and they accepted. My card was $5717.44 and they accepted $3217.77...this was a tremendous help because once i went delinquent, i had no idea what i was going to do.
Contact relief1debt.com and see if they can do the same for you.

Peggy wright


lrhall41

Submitted by anonymous on Tue, 10/30/2012 - 12:27

( Posts: 202330 | Credits: )


I called Chase back and they are still not interested in settlement at this point.

I also received a letter from NCB managemente Services inc with respect to my bank of america credit card. They say:

Current Creditor : FIA card services, NA

Your delinquent account has been referred to this office for collection.
You are directed to address all future correspondence and payments concerning this account to NCB mgmt services, inc

There is also additional text indicating i should notify them within 30 days if i dispute the validity of the debt or any portion.

Should i send them letter disputing the debt/asking for more information (DV letter), call them back or just ignore them for now?

My last payment on the Bank of America hardship plan was done on September. Thanks for your suggestions


lrhall41

Submitted by whynotry on Tue, 12/11/2012 - 08:38

( Posts: 12 | Credits: )