Credit Archives - Page 20 of 82

Bankruptcy Law, Credit, Debt Relief, Timothy Kingcade Posts

Lawyer’s Response to His Client’s Facebook Inquiries Result in Suspension

Posted on May 8, 2017by Admin

A Nebraska lawyer’s lackadaisical responses to his client’s inquiries on the social networking site, Facebook have resulted in him being suspended for 90 days. The Nebraska Supreme Court approved the suspension in an April 27 opinion, which includes a one-year probationary period of monitoring in a conditional admission to the allegations.

The lawyer, Dustin Garrison, was accused of failing to adequately answer his client’s questions and explain the status of his client’s personal injury case against a driver who was in a car registered to a Texas corporation.

According to the ethics charges against Garrison, he responded to his client’s Facebook inquiries with statements such as:

Relax.
I will take care of it.
I will explain later.
We are fine.
Be happy. We are in the driver’s seat.
I’m busy right now.
U realize we sued the wrong company right? We got the money from a company that had it. The correct company would never have had this type of money to pay our judgment.
This is complicated.
We’ve been busting our asses getting ready for this hearing.
I can’t explain the whole process.

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If you are in financial crisis and considering filing for bankruptcy, contact an experienced Miami bankruptcy attorney who can advise you of all your options. As an experienced CPA as well as a proven bankruptcy lawyer, Timothy Kingcade knows how to help clients take full advantage of the bankruptcy laws to protect their assets and get successful results. Since 1996 Kingcade & Garcia, P.A. has been helping people from all walks of life build a better tomorrow. Our attorneys’ help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. The day you hire our firm, we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade & Garcia website at www.miamibankruptcy.com.

Bankruptcy Law, Credit, Debt Relief, Student Loans, Timothy Kingcade Posts

Millennials owe a Record Amount of Debt

Posted on May 5, 2017by Admin

Millennials (also known as Generation Y), those 21 to 34-year-old hold an estimated $1.1 trillion of the country’s $3.6 trillion in consumer debt. Rising student and auto loans are outweighing a decline in mortgages.

With all of the rising debt comes the risk of default. There is evidence that millennials are curbing their spending habits when it comes to smaller purchases, whether searching for the lowest price or waiting for the best time to buy.

But concerns over student loans and auto loans remain. A growing amount of auto loan debt comes from leasing, with 32% of millennials choosing to lease in 2016, up from 21% in 2011, according to a report from Edmunds. Households making $50,000 or less, millenials made up 21% of lessees.

If millennials pay their student loans over their auto loans, lower-credit-score applicants could have a hard time financing vehicle purchases. If that happens, automakers could be in trouble.

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Bankruptcy Law, Credit, Debt Relief, Timothy Kingcade Posts

The High-Tech Methods Debt Collectors are using to Find you- and Your Money

Posted on May 3, 2017by Admin

Debt collectors are using some new high-tech tactics to collect and track down consumers. New software is allowing debt collectors to insert voicemails into phones by the thousands without a single ring, bypassing regulations that restrict how often they can call consumers.

Ringless Voicemails

Companies such as Stratics Networks maintain that because no phone calls are made, regulations prohibiting auto-dialed collection calls do not apply. But consumer protection attorneys disagree, arguing that just because the phone does not ring, does not mean it’s not a call. The Telephone Consumer Protection Act forbids debt collectors from harassing consumers.

Avatars

Animated cartoon characters show up in borrowers’ inboxes and smooth-talk borrowers into paying up. Collections managers design personalities of avatars, who speak multiple languages and weigh debtors’ credit scores when negotiating payment.

Speech Analytics

Advanced language-recognition programs not only track keywords during a conversation but identify the emotion of the borrower. Cursing out a debt collector? Prompts generated by CallMiner Inc. software help steer conversations back on track.

Supervisors using the speech-analytics company’s system see color-coded boxes on call-center computer monitors. Small green boxes represent routine conversations. During those calls, agents are reminded to recite mandatory “mini-Miranda” statements that inform consumers of their rights. But a box turns red and expands when a call contains expletives or long silences.

Skip Tracing, Spoofing and Scrubbing

In a practice called skip tracing, collection agencies search databases to find borrowers who have skipped out on paying their debts. Some collectors track debtors on Facebook and other social media sites. A Texas agency is linking Social Security numbers to social media accounts, raising privacy concerns. Another tactic known as spoofing, debt collectors insert local area codes in caller-ID displays, enticing the person being called to answer the phone. The Consumer Financial Protection Bureau is proposing to ban the practice.

Click here to read more on this story.

If you have any questions on this topic or are in financial crisis and considering filing for bankruptcy, contact an experienced Miami bankruptcy attorney who can advise you of all your options. As an experienced CPA as well as a proven bankruptcy lawyer, Timothy Kingcade knows how to help clients take full advantage of the bankruptcy laws to protect their assets and get successful results. Since 1996 Kingcade & Garcia, P.A. has been helping people from all walks of life build a better tomorrow. Our attorneys’ help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. The day you hire our firm, we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade & Garcia website at www.miamibankruptcy.com.

Bankruptcy Law, Credit, Debt Relief, Timothy Kingcade Posts

Tips for Seniors Struggling with Credit Card Debt

Posted on May 2, 2017by Admin

If you are a senior struggling with credit card debt, you are not alone. For the first time, middle-class households headed by someone 50-plus years of age carried more credit card debt on average than households of people younger than 50, according to a recent study by Demos National Survey on Credit Card Debt. Half of the respondents said they carried medical debt on their credit cards and a third said they used credit cards to pay for daily expenses.

Seniors carry credit card debt for a variety of reasons. Some are still paying off educational loans or their children’s educational loans. Many seniors are carrying credit card debt into retirement. The debt may have been management when they were working, but has become a burden when their income level drops. Oftentimes, medical debt compounds the problem, as health insurance only covers a portion of healthcare costs.

Here are some tips for seniors to help take control and manage their credit card debt:

Find a nonprofit credit counselor. The sooner you seek help, the better.
Contact your credit card company to see if you can work out a payment plan.
Adjust your lifestyle. Cut your expenses (i.e. – expensive cell phone plans, cable and Internet packages);
Get help with budgeting. Paying off your debts only works if your spending is under control. Know where your money is going every month. Making a few small changes to your monthly expenses can add up and give you more money to pay down debt.
For medical debt, talk with your doctor’s office to see what your options are. Avoid medical credit cards they may offer you; these come with very high interest rates, regardless of your credit score.
Consider a reverse mortgage. There are many ways you can use your home to get through difficult financial times, but there are risks associated with taking this route. Make sure this will solve your financial problem without adding to it.
Consider bankruptcy. If you are struggling with insurmountable credit card or medical debt, bankruptcy may be right for you. This option will allow you to reorganize your financial situation and discharge your debts if you cannot pay them. There are several different types of bankruptcy, so you want to carefully weigh your options. Many bankruptcy attorneys offer free consultations and will advise you on the best course of action.

Bankruptcy Law, Credit, Timothy Kingcade Posts

Collection Call Scam Takes New Twist

Posted on May 1, 2017by Admin

The Better Business Bureau is warning consumers of a new debt collection scam. It involves a supposed debt collector informing you that a civil complaint has been filed against you- and scammers are doing an excellent job of making it seem real. They may rattle off specific details, such as the amount of the debt, a complaint case number and a phone number where you can follow up. If you end up calling that number, another phony representative will inform you of the same. To avoid a pending lawsuit you must pay up immediately via wire transfer or prepaid debt card, the scammer says.

Consumers can protect themselves from scams like this by knowing their rights.

Hang up: If you know that you do not have any outstanding loans, hang up. Do not press any numbers or speak to an “agent.”
Ask to be provided with an official “validation notice” of the debt: Debt collectors are required by law to provide this information in writing. The notice must include the amount of the debt, the name of the creditor and a statement of your rights. If the person calling you will not provide that information, hang up immediately.
Ask for the details: Get the caller’s name, company, street address, and telephone number. Confirm the collection agency is real.
Do not provide any personal information: Until you have verified the call, do not provide or confirm bank account, credit card or other personal information over the phone.
Check your credit report: Check with one of the three national credit reporting agencies (i.e. – Equifax, TransUnion, Experian) to determine if you have any outstanding debts or there has been any suspicious activity on your accounts.
Place a fraud alert on your credit report: If the scammer has personal information, place a fraud alert with the three national credit reporting companies. And to report a scam you can always go to the BBB Scam Tracker.

Related Resources:

http://www.bbb.org/council/news-events/bbb-scam-alerts/2017/04/scam-alert-collection-call-con-takes-new-twist/

Credit, Debt Relief, Foreclosures, Timothy Kingcade Posts

New Lawsuit Accuses Ocwen Financial Corp. of filing bad foreclosures… Again

Posted on April 27, 2017by Admin

A lawsuit filed by the State of Florida alleges Ocwen Financial Corp.’s errors have resulted in “significant harm to borrowers, including but not limited to improper late fees, inaccurate negative credit reporting and borrower frustration.”

Twenty states have filed similar actions, along with the federal Consumer Financial Protection Bureau. The Florida lawsuit, filed by the state Attorney General and the Florida Office of Financial Regulation, says the West Palm Beach-based company filed illegal foreclosures, mishandled loan modifications, misapplied mortgage payments, failed to pay insurance premiums from escrow and collected excessive fees.

“When Ocwen has sent escrow statements, in many instances the escrow statements have contained inaccurate information pertaining to the borrowers’ account histories, escrow balances, and escrow payments,” the lawsuit said.

The complaint filed in federal court in West Palm Beach alleges violations of the Real Estate Settlement Procedures Act, the Florida Deceptive and Unfair Trade Practices Act and Chapter 494, Florida Statutes.

This is not the first time Ocwen has been accused of foreclosure misconduct. In 2014, a court approved a $2.1 billion settlement between Ocwen and 49 states, as well as the District of Columbia and the Consumer Financial Protection Bureau, to address allegations of Ocwen’s mortgage servicing misconduct.

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Choosing the right attorney can make the difference between whether or not you can keep your home. A well-qualified Miami foreclosure defense attorney will not only help you keep your home, but they will be able to negotiate a loan that has payments you can afford. Miami foreclosure defense attorney Timothy Kingcade has helped many facing foreclosure alleviate their stress by letting them stay in their homes for at least another year, allowing them to re-organize their lives. If you have any questions on the topic of foreclosure please feel free to contact me at (305) 285-9100. You can also find useful consumer information on the Kingcade & Garcia website at www.miamibankruptcy.com.

Bankruptcy Law, Credit, Debt Relief, Timothy Kingcade Posts

What happens when credit card companies sell your debt?

Posted on April 25, 2017by Admin

Barclaycard sold $1.6 billion of credit card balances in the first quarter of 2017 to the personal-loan company, Credit Shop Inc. Oftentimes, the accounts that are sold are ones that the card issuer has determined to be too risky for its business or are already in delinquency. In these type instances, a card issuer can sell the account balances for pennies on the dollars.

Here is what you need to know if your credit card company sells your debt.

The reasons card issuers buy and sell debt. Some debts are more “reliable” than others. For this reason, cardholders pay widely different interest rates, depending on how risky the lender judges them to be. “Subprime” borrowers tend to pay substantially higher interest rates to make up for the possibility that they might not be able to pay back the debt.

How will you know if your debt has been sold? In many you will only find out if your debt has been sold when you hear it from the new owner or a debt collector calls you and demands payment.

What if a debt collector calls? If you receive a call from a debt collector, the Fair Debt Collection Practices Act protects you from abuse and harassment. A debt collector is not allowed to call you excessively or make any threats. They are also prohibited from calling you before 8 a.m. or after 9 p.m. and cannot misrepresent the amount you owe. By law, you have the right to demand documented proof of the existence of the debt and the amount you reportedly owe. This request must be made in writing within 30 days of the first contact from a debt collector. During the time it takes to investigate and reply to your request, all calls from the debt collector must stop.

You also have the right to request that all future contact be made in writing. This can prevent disruptive and embarrassing calls at home or at work. You have the right to sue if a debt collector violates any of these rules.

What responsibilities do credit card companies have? Under the federal CARD Act, which went into effect in 2010, credit card companies are required by law to give cardholders 21 days from the date the statement mails to make a payment. Credit card companies are also required to provide a 45-day written notice before any rate increases. If you receive this notification, consider paying off the account if you are able to or transferring your balance to a low-interest credit card or zero-percent interest card, which overtime will be less costly to repay.

Related Resources:

http://www.nasdaq.com/article/what-happens-when-credit-card-companies-sell-your-debt-cm776572

Bankruptcy Law, Credit, Debt Relief, Timothy Kingcade Posts

The IRS is Using Private Debt Collectors- Here’s what Consumers Need to Know

Posted on April 21, 2017by Admin

The IRS has entered into contracts with four private debt collection agencies- Conserve, Pioneer, Performant and CBE Group. These agencies will only take over accounts if several criteria are met:

The tax debt has been removed from the IRS’s active inventory due to a lack of resources or an inability to find the taxpayer;
More than one-third of the applicable limitation period has passed and no IRS employee has been assigned to collect the debt;
The debt has been assigned for collection, but more than 365 days have passed without interaction with the taxpayer for purposes of furthering collection of the debt.

These collection agencies are required to abide by the consumer protection provisions of the Fair Debt Collection Practices Act. This means they cannot call you before 8 a.m. or after 9 p.m.; they cannot contact you at work if you have told them not to; they cannot falsely claim you have committed a crime; they cannot misrepresent the amount you owe or threaten you with harm or arrest for lack of payment.

Consumers need to be aware of tax scammers looking to capitalize on this new IRS protocol. Tax scammers oftentimes ask their victims pay their alleged debts by purchasing prepaid cards and then call back with the cards’ codes. Another common scam involves having large amounts of money sent via wire transfer.

This will never be the case with the listed contracted debt collectors, according to the IRS. In fact, taxpayers will not be asked to pay the private debt collectors anything. Instead, these collectors will provide information about electronic payment options for taxpayers on IRS.gov/Pay. Even written checks will need to be made payable to the U.S. Treasury and sent directly to the IRS, not the private collection companies.

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Bankruptcy Law, Credit, Debt Relief, Foreclosures, Timothy Kingcade Posts

Why are mortgages getting cheaper?

Posted on April 19, 2017by Admin

The average rate of a 30-year fixed mortgage fell to 4.08% this week, the fourth consecutive week of declines and the lowest level this year, according to Freddie Mac.

A higher Federal Funds rate makes it more expensive for banks to borrow money, which can translate into higher borrowing rates for consumers. But recent global uncertainty and signs that the White House might not be as productive with its agenda as many thought has caused yields to recently fall. The 10-year Treasury yield is around 2.23%, down from around 2.62% nearly a month ago. Mortgage rates have moved lower as well.

Freddie Mac predicts that we will see rates increase to around 4.5% by the end of the year. Potential home buyers should welcome the drop in rates with open arms as the busy buying season heats up.

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Bankruptcy Law, Credit, Debt Relief, Timothy Kingcade Posts

400 Percent Increase in Scams this Tax Season

Posted on April 17, 2017by Admin

According to the IRS, there has been a 400 percent increase in tax scams during this year’s filing season, compared to last year. The IRS has issued warnings about the growing threat of scams as the end of tax season nears. Scammers use tax season to trick taxpayers into disclosing confidential information so they can access bank accounts, make fraudulent purchases, apply for loans and steal tax refunds.

The most common way scammers steal W-2s is through phishing emails. Hackers create a fake email address, posing as a CEO or CFO of a company and send a request to an employee in payroll asking for a PDF of all employees’ W-2s.

According to the Department of Justice, stolen identity tax refund fraud has affected hundreds of thousands of taxpayers and has cost the United States Treasury billions of dollars.

Other common scams claim there is an urgent situation requiring taxpayers’ immediate attention, such as an issue with processing refunds, additional forms or an audit warning.

The best way to protect yourself from tax scams is to know the signs:

Emails that appear to be from the IRS with suspicious links and attachments
Text messages that instruct you to call a toll-free number
Phone calls with pre-recorded messages that ask for confidential information

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