consolidated debt and secured credit

Credit Counseling Tougher 
After IRS Crackdown

Debt Consolidation and Credit Card Counseling

Contents

Credit counseling harder to find now

Finding good credit counselor requires more work

The recent crackdown by the Internal Revenue Service on nonprofit credit counseling agencies means that it will be harder for people with debt problems to find good, reputable sources of credit counseling.


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credit counseling

Credit counseling agencies were taking advantage of customers

The Bankruptcy Abuse and Consumer Protection Act was enacted last year at the urging of the credit card companies, who claimed that most people who filed for debt relief through the courts simply didn’t want to pay their bills. It isn’t true, but Congress never fails to listen when big business talks, and the result was the most sweeping reform of debt law in more than 25 years. One of the requirements of the new law is that anyone who is going to file for debt relief must first enroll in a credit counseling program. The law requires that the agencies be nonprofit, and that the fees be “reasonable.” The result of these requirements has been tough on both consumers, who now have to pay fees to agencies and jump through one more hoop, and counseling agencies, who find themselves swamped with customers who cannot afford to pay them for their services. It’s been a mess.

Recently a bad problem has become worse as the Internal Revenue Service has revoked the tax exempt status of 41 nonprofit agencies. The charges are that the agencies were merely paying lip service to helping their clients. While only pretending to help, the agencies were trying to steer their clients into enrolling in expensive debt repayment plans that ultimately put money in the hands of the agencies while doing little to help their customers get out of debt. The plans weren’t really tailored to the needs of specific customers; they were just generic plans that were heavy on fees and light on repayment. And the employees of the agencies were given cash incentives to steer their clients towards repayment when they really needed to be steered towards bankruptcy court.

Getting the “bad blood” out of the business is fine, but the IRS muddied the waters considerably by refusing to name the offending agencies. The IRS is also investigating other agencies and may even file some criminal charges. This makes it hard for consumers, who are expected to choose their counselors but without knowing whether or not they are dealing with crooks. What to do? 

Here are several suggestions that might help:

  • Check with the National Foundation for Credit Counseling. While most agencies now are not members, they can probably recommend a reputable agency in your area.
  • Ask friends, relatives, neighbors, coworkers - You aren’t the only one with a debt problem. Talk to others you know and see if they have any recommendations.
  • The Internal Revenue Service has a help page. They may list the names of some agencies that have recently lost their nonprofit status.
  • In addition, pay attention to the usual warnings about how to choose a credit counselor.

It may take quite some time for the IRS to finish their investigation. In the meantime, consumers are at a definite disadvantage when it comes to looking for help with their financial problems. Be patient, in a few months the problem may sort itself out. In the meantime, be careful.

 

 

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