Why You Shouldn’t Make a Deal With Your Credit Card Issuer

By Stacey Bradford | Jun 20, 2009 |

Earlier this week, The New York Times ran a surprising credit card story. Apparently, some banks are now willing to work with customers and settle delinquent accounts for substantially less than the balance owed on the cards. In some cases, folks who are behind on their payments are seeing thousands of dollars forgiven.

At first glance, this development sounds like a godsend for all those consumers who have either lost their jobs or watched their interest rates jump to astronomical levels and now find they can’t afford to pay off their debt. But making a deal with your credit card company isn’t for everyone. In fact, I think it’s something most of us should avoid. Here’s why:

  • First, understand that your credit score will take a severe hit if you enter into debt settlement. (This is industry jargon for when a credit card company agrees to let you pay off less than you owe on your account.) Your credit report will show a “charge-off” for the amount not paid and your score could drop 20 to 50 points or more, say Gerri Detweiler, co-author of Reduce Debt, Reduce Stress.
  • Once creditors see the “charge-off” on your credit report, warning bells will ring and they will likely raise the interest rates on any additional credit cards you hold. So now your other balances will be tougher to pay off.
  • As if that’s not bad enough, the banks issuing your other cards may go a step further and either lower your credit limit or opt to close your other accounts entirely, warns Adam Levin, chairman of Credit.com. This is really bad news since your credit score will take another hit if the amount you are allowed to charge decreases or the average age for your existing cards (or number of years your accounts are open) shrinks, he says.
  • Finally, there are the tax ramifications. The IRS considers forgiven debt taxable income. That means you’ll receive a 1099 if you settle a balance worth more than $600, says Detweiler. You could possibly avoid this if you can prove you’re insolvent (or owe more than you own) at the time you make your deal with the credit card company. But you’ll have to fill out some forms and illustrate your hardship. Needless to say, avoiding paying Uncle Sam isn’t easy to do.

What should you do if you feel you can’t afford to pay off your debt? Do call your bank. But rather than asking if you can settle the account, see if you can get a customer service supervisor to lower your interest rate to make your minimum payments smaller and more manageable until you get back on your feet.

Would you be willing to settle your credit card account for less than you owe?  Or are you concerned about what it would do to your credit score? Please share your thoughts with me.

Credit Cards image by Andres Rueda, CC 2.0.

 
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  •  
    1

    NJ_born

    06/22/09 | Report as spam

    RE: Why You Shouldn't Make a Deal With Your Credit Card Issuer

    Thank you for writing this Stacey! I think if there's one thing we've learned in this whole mess is THERE ARE NO FREE rides from credit card companies and lenders. There are always catches.

    In this case it actually doesn't seem to be a predatory practice by the credit card issuers. Rather, because they have to take it as a charge-off the consumer's credit score gets hit. But either way, if it sounds too good to be true ... it usually is.

  •  
    2

    Stacey Bradford

    06/22/09 | Report as spam

    RE: Why You Shouldn't Make a Deal With Your Credit Card Issuer

    @NJ_Born -- Thanks for commenting. While it's true this isn't a scam, debt settlement does fall into the category of being too good to be true for most of us. In fact, I just got an email from an attorney who mentioned many of his clients are tempted to enter into such agreements with he credit card issuers until he mentions the tax ramifications.

  •  
    3

    MrRosemary

    06/22/09 | Report as spam

    RE: Why You Shouldn't Make a Deal With Your Credit Card Issuer

    So you get into trouble with debt. The credit card company sees you as a bad investment, which you are, and offers a settlement. Great.

    But the card holder is supposed to worry about credit ratings now? Perhaps it was credit that got them into trouble to begin with? Maybe having the spigot of easy credit cut off is exactly the best thing for this person?

    Your advice, on keeping people in debt at any cost, is stupid. Get out of debt and, having been burned by it once, don't do it again. Staying out of debt would have prevented the issue of a charge off to begin with.

    If you can't pay your bills, you can't pay your bills -- credit score be damned. Accepting or offering a settlement of x percent on the dollar is one of the few ethical and moral ways, short of paying what you promised and owe, that the borrower has.

  •  
    4

    Stacey Bradford

    06/24/09 | Report as spam

    RE: Why You Shouldn't Make a Deal With Your Credit Card Issuer

    @MrRosemary -- You say "If you can't pay your bills -- credit score be damned". That philosophy may work for you, but it's very costly advice. The lower your credit score, the more you'll pay for everything from insurance to an auto loan. A low score could even keep you from getting hired by a potential employer. While debt settlement may make sense for folks facing bankruptcy, it isn't something that should be entered into lightly.

  •  
    5

    MrDecangu

    06/25/09 | Report as spam

    RE: Why You Shouldn't Make a Deal With Your Credit Card Issuer

    @Mr.decangu
    All the points raised above are very good and enlightening. Yes, debt is bad and I am a strong believer in paying off my debts, it is moral and ethical, as one of the above replies indicates. Kudos to all and your comments. But, here are some thoughts that are bugging the "begesus out of me" in recent days and at this late hour. It may just be because I have taken on some debt within the recent year that I shouldn't have, but will nonetheless pay off, here goes: 1) Yes, people in debt should repay their debt, but at what cost to them; if your only alternative is settlement; then, have at it, pay at least something and then stay out of debt or try to from that point forward. But, consider alternatives and the consequences of your actions (otherwise it will merely be an act of quick self gratification and you'll be back in debt and in trouble not before long). This is like a child who puts his or her hand on a warm iron and then he or she learns a lesson. 2) It seems, at least to me, that credit card companies and the credit reporting agencies should not simply pounce on consumers who are in debt and find no other solution, then to settle their debts. Yes, settlement should ding one's credit report, but why so harshly, especially in this economic climate? Remember, a charge off of debt on the credit card company's / bank's financial statements in these times, when millions are being charged off, translates into operating losses for these large companies. This ultimately translates into deductions that reduce the taxable base of these same companies (which means they pay less corporate taxes at the end). Yes, profits are thus reduced, but ultimately the company is gaining some tax benefit which may at some point be manipulated and utilized for the company's benefit (thank goodness for our complicated tax laws!). So, if the company may get a benefit from engaging in debt settlement with its debtors (customers) and the debtor is put into a better position, so that he or she then save his or her money, and then resume spending and consuming, albeit in a wiser fashion (we hope) (which is at the heart of our economic system); then, we should ask ourselves why should the consumer (or debtor) be punished by taking a deep ding on his or her credit score if debt settlement is pursued -- in light of the benefits discussed from such a strategy, if no other light is seen at the end of the tunnel -- a ding on the credit report, when the triggering of an unavoidable taxable event is caused for he or she, because of the deemed enrichment from the discharge of indebtness from the debt settlement seems all too harsh, unequitable, and stacking of the cards, yet again, against the consumer. This goes counter to basic game theory principles and is simply yet a showing of the excessive power of credit card companies and banks over us, even after their practices have been some of the major elements of abuse and corporate corruption leading to the demise of our financial markets and our global economy. 3) Without opining on the tax situation of anyone or any scenarios, consumers who are up to their necks in debt and have little savings, as is the case with most average Americans, are likely insolvent, i.e., their liabilities exceed their assets; hence, it may be that the tax effects of settlement of bad credit card debt may not be so harsh, but require study and analysis or working through with the IRS, if you can't afford a good tax advisor.

    I think the best recommendations are: stay out of debt; save your money; and if you are in debt, work on getting out of debt quickly -- do what you need to to clean your balance sheet, because we as individual Americans are left really to our own devices and creatively in this regard, as there will be no BAIL OUT for us like TARP was for the banks and special fast track restructurings, like what is being seen for the automotive industry. So, let's be wise, think before acting, and be prudent. Learn from our mistakes and rise to the moment. Think of how our grandparents acted during the Great Depression and thereafter -- this was a Great Generation, and this is now our moment after years wreckless spending on everyone's part -- government, big business, and individuals.

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Stacey Bradford

Stacey L. Bradford covers personal finance with a focus on issues that affect families. Her first book, The Wall Street Journal. Financial Guidebook for New Parents, hits shelves June 2009. She was previously an associate editor at SmartMoney.com for more than 10 years.

Stacey Bradford

Jolie Solomon

Jolie Solomon is sitting in for Stacey Bradford, who is on maternity leave. She has been a reporter, writer, or editor at many publications, including The Wall Street Journal, Newsweek, Fortune Small Business, More and the the late lamented Cincinnati Post.

Jolie Solomon

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