Archive for the ‘Debt Negotiation’ Category

You Can Live Debt Free

Sunday, August 29th, 2010

Our economy is in deep trouble and it just keeps getting worse. The recent downturn—unprecedented in our lifetime—is causing many people to fall deeper and deeper into debt. Many are declaring bankruptcy; others are losing their homes and much of what they own. Some are falling victim to both of these unnecessary misfortunes.

Amidst all the turmoil, our elected officials are running around claiming the good times are coming back. They want us to believe that they have turned the economy around with their stimulus programs—that all we have to do is WAIT and things will improve.

But these smiling government bureaucrats have burned us too many times in the past…We know this simply isn’t true. The economy is very bad and it may be a very long time before it ever gets better.

How did it get this way?

In the past, we took advantage of what seemed like an endless supply of credit. We maxed out our credit cards and bought the biggest home the bank would approve a loan for. We lived under a tremendous burden of debt…and now it is all about to come crashing down…

Now, like never before, things must change…We must live within our means. If we fail to do so, we stand to lose everything we’ve worked so hard to acquire. Learn how to do this; order my book on personal debt management by clicking HERE.

Many people carry a large amount of debt but never really understand how it all works. They receive their monthly statements and pay the minimum amount required to make it to the next month’s payment without a penalty. But the real penalty is hidden and lurking dangerously below the surface. These people don’t understand the connection between interest rate and credit card balance. By making only the minimum payments while living beyond their means, many unsuspecting borrowers sink further and further into a bottomless ocean of debt. If they understood the simple relationship between balance and interest rate, they might be able to manage their situation better.

This is not surprising because this is how the banks and credit companies want it: They want you to trust them. They want you to stay dumb…They want you to focus only on the minimum payment each month.

Why?

Simple. Because THEY MAKE MORE MONEY!

Well don’t feel alone. Many people are hurting just like you. I know this because I’ve been working on the front lines of debt resolution and credit repair for many years, in both good economies and bad. And I can tell you that most people are just waiting for things to improve. They are waiting for the government to make their life better. I can also tell you that you don’t have to just sit there and suffer. You don’t have to wait for something that will probably never arrive…You Can Take Action Now! You can turn your life around. You can reduce your personal debt, repair your credit, and start living debt-free.

In my book, How To Reduce Your Personal Debt And Start Living Debt Free, I show you exactly how to do this, and much much more…

During my years working in the field of debt reduction, I have encountered just about every situation imaginable, and no matter what the economic climate, no matter how bad your particular credit situation, YOU CAN ALWAYS TAKE ACTION TO TURN YOUR LIFE AROUND. You can always live debt free. So don’t give up hope.

Don’t just sit there…

In my book, How To Reduce Your Personal Debt And Start Living Debt Free, I reveal all of my personal debt management secrets. I hold nothing back. Here it is…my many years of experience working on the front lines in the war against debt, all of it available in one easy-to-follow manual—methods you can use to reduce your personal debt and start living debt free!

In essence…
This is your own private guidebook to living debt free

Topics Covered

  • Debt Management
  • Credit Management
  • Money Management
  • Loans
  • Credit Repair
  • And much more…

For your convenience, I am offering all of my debt reduction experience in this book, and you can order it now by clicking HERE.

André Larabie

www.andrelarabie.com

The Value of Selling Your Story When Negotiating Commercial Debt

Tuesday, July 27th, 2010

When you are negotiating your commercial debt burden, it helps if you can “sell your story.” What I mean is that the other person you are negotiating with will likely only know you as a voice on the other end of the phone line. If you can inject story elements into the process, you will get the other person on your side to some degree. If you ever watch reality-TV shows, you will notice that those contestants with a grandparent in the hospital with a terminal disease always seem to garner more votes. It is because the viewers are rooting for them. They have successfully introduced story elements into their struggle. This is similar to the effect I am talking about.

After you set the stage, it is preferable to proceed with the process entirely in writing. You have planted the story seed and now you want to control the presentation with written communications.

By submitting a proposal in writing that appears to be a standard settlement letter, this reflects a financially desperate debtor who may not be able to keep his doors open, yet wants to try to “do the right thing” towards the creditor by paying as much as possible (as a matter of character).

These entities are not as motivated to put a lot of time into this particular collection account. Obviously, if the collection attorney or agency cannot realize a large fee, they will take a small fee and dispose of the case. It is clearly an issue of time management relative to the fee they earn.

In order to “sell the story” your position must present the personal side of your dilemma. This may seem contradictory to the preconceived notion that collection attorneys and agencies have no feelings and do not care about your problems. They are only interested in collecting the highest possible amount owed since their fee is going to be larger and that is how they make their money.

However, we know the power of story, so it should be used whenever possible.

André Larabie

www.andrelarabie.com

The Commercial Debt Reduction Process – Negotiating by Mail Versus Fax

Tuesday, July 27th, 2010

For many years, businesses have negotiated contracts and proposals using the telephone or mail or some combination. This is fine if there is no sense of urgency to reach a quick decision.

And while telephone negotiations are typically memorialized in writing for all parties concerned, it takes time to write up agreements, contracts, etc. It also takes time to make copies available to all of the parties by using US Mail.

That is why courier delivery services such as Fed-Ex, DHL and others have proliferated. They are a viable alternative to US Mail. Delivering documents through a courier service can be timelier, and the delivery times are often guaranteed.

However, faxing your offers is a better method for negotiating with your creditors and it allows for presenting the needed documents to the parties in a timely fashion. You might still want to call your creditors as mentioned in a previous chapter, but you now have an alternative method of communicating.

I have found the facsimile (fax) machine to be a very successful method of initiating the negotiation process. Fax machines have changed the landscape and the time required to effectively communicate information between people and businesses.

Some readers may ask, “What about email?”

My answer to you is that email is also a good method, but you might not have the email address of the business owner, and unless you have a scanner, you may find it difficult to send a signed settlement letter to your creditor or their representative. The logistics of digitizing documents, uploading them to the computer, accessing them with the email program and attaching them to the communications add another level of complexity that you should try to avoid. The negotiation process is difficult enough without introducing these additional procedures.

André Larabie

www.andrelarabie.com

Negotiating Tactics – The Settlement Letter

Monday, June 28th, 2010

The Settlement Letter, often called the Settlement Proposal, can be a highly effective tool in the negotiation process. As with many things, this proposal should be a form of sales pitch and not completely about facts. Add in elements that will endear the reader to your plight. Include hardships and any story elements you can think of.

When you are negotiate on the telephone with attorneys, collection agencies, or collection attorneys, one may encounter an impersonal, or even rude attitude on the part of the person you are negotiating with. Do not take this personally. The reasons for this behavior are varied but can be reduced or even eliminated by negotiating in written form.

When one negotiates with a general practice attorney representing a creditor, this attorney is typically motivated to get the file “off their desk.” If a relatively minor amount of money is owed to the creditor, the attorney may not wish to invest a lot of time on the case since the fees will be nominal or non-existent. Many general practice attorneys have indicated that they are handling this case for their client because they represent the client’s other business interests and the attorney may be doing this task as “a favor” to their client, but would otherwise not be doing it.

In this scenario the attorney may indicate that if a reasonable settlement can be achieved, they would be willing to present it to their client. They may even advise the creditor to seriously consider the Settlement Proposal. This is especially true if the consultant representing the debtor, or the actual debtor, has properly set the stage to reflect the debtor’s deteriorating position. In effect, if you can “sell the settlement” to the attorney, the attorney will probably “sell it” to their client.

www.andrelarabie.com

andre@andrelarabie.com

Debt Settlement Tactics – Personalizing the Problem

Monday, June 28th, 2010

When you negotiate to reduce your overall commercial debt, it is a good idea to use a Settlement Letter to communicate your offers.

This form of presentation allows you to take full control over the presentation.
One element of the Settlement Letter should personalize the problems you are facing. This element of the settlement letter allows you to “humanize” your plight and gain sympathy. This is where the “storytelling” aspect of the settlement negotiations comes into play. This section will be the “setup” to provide a solution to the problem(s) you are facing, as well as a justification for considering accepting the settlement offer. Therefore, the importance of this aspect of the settlement letter cannot be overstated and should be addressed with keen interest.

It is important to realize that negotiating directly with a creditor can be very different than negotiating with attorneys or collection agencies. When one business owner (the debtor) negotiates directly with another business owner (the creditor), the creditor may have a more personal understanding or sympathy to the situation. In fact, the creditor may indicate that they have experienced similar accounts payable problems at some point in the past. As such, the negotiations may be more congenial and personal. This makes personalizing the problem all the more effective.

Business owners usually have a personal awareness and understanding of the intrinsic value associated with “sweat equity,” “goodwill,” and other aspects of their business that make it personal to them and their customers. In other words, business owners have a more personal feeling about their business and may be more compassionate when it comes time to negotiate a settlement. Obviously, these negotiations may proceed more smoothly.

www.andrelarabie.com

andre@andrelarabie.com

Debt Negotiation Tactics – A Sense of Urgency Promotes Your Position

Monday, June 28th, 2010

If your company is distressed and facing bankruptcy, I have found that when your position becomes public to your vendors, suppliers, bankers and competitors, every creditor will want to get what they can from this “fire sale” before funds are no longer available. This sets the stage for settlement.

Everyone is in fear of ending up with nothing when all the vultures swoop in to tear apart your business. This makes anyone and everyone more likely to take your settlement offer and not be too picky when it comes to the final agreement.

When appropriate to do so, I would like to suggest some of the following solutions to be inserted in the settlement letter:
• A straight, one-time payment with reduction of amount owed, plus any accrued costs, fees or interest.
• Survival payments provided to allow you to remain active, as an ongoing, viable concern, perhaps while bridge financing or accounts receivable factoring is arranged.
• Graduated workout payments to continue the business relationship between you and the creditor. This option may allow the creditor to recover some, or all, of their costs over a period of time, if the creditor agrees to continue the relationship, even if on a cash only basis.
• Schedule monthly payments, perhaps with a balloon payment at the beginning or end of the settlement terms.

Properly and professionally worded settlement offers typically receive the most expeditious responses. One may even combine elements to continue providing to the creditor reasons to accept the offer. Suppose the letter has outlined the desperate financial situation facing you. This will increase the overall sense of urgency.

www.andrelarabie.com

andre@andrelarabie.com

Understanding The Underpinnings of Your Debt Burden

Sunday, May 30th, 2010

If the financial debt world were viewed as a competitive sport, getting out of debt would likely be one of the most difficult events of all, the one requiring the most effort and concentration. Debt reduction can be likened to a monetary marathon that takes skill, dedication, and a lot of endurance. But just like getting in shape physically, the rewards—more money, less stress, and better financial habits—are tremendous.

If your debt burden is relatively small, you could always try to take the 100-yard dash approach, and get rid of each debt as fast as you can. But if you are the average debtor that owes so much that this approach will not easily apply, you will have to take it slower, via the long-distance route. The quick dash will not work and you will burn up all of your resources too fast and you will not be able to finish properly.

Whether you can take the quick-dash approach or the slower marathon route, there is one reality that you cannot avoid: removing your debt burden will require that you come up with resources from somewhere, and if these resources are not currently cash, then you will need to be able to convert them into cash.

How Did You Get Into This Debt Scenario?

The very first thing you will want to do is determine exactly how you fell into debt in the first place. Until you thoroughly understand this, everything else will be difficult. It is sort of like a dam with leaks in it. Until you fix the leaks, you cannot add more water to the lake because it will just keep leaking out. You will discover that it is either something out of the ordinary and totally unexpected—a medical emergency, a job loss, a bankruptcy, or other unforeseen catastrophe—or it is just something that has built up over time. Possibly you spend far too much money on general expenses, living beyond your means, and your credit cards have spiraled out of control over many weeks, months, or years.

Understanding the origins and causes of your debt will help you correct the problem since you will have a better idea on how to avoid it in the future.

www.andrelarabie.com

andre@andrelarabie.com

Playing One Creditor Against Another When Negotiating Commercial Debt

Sunday, May 16th, 2010

If you are negotiating your overall commercial debt burden, and you have multiple creditors, you will be able to create a sense of urgency by playing them one against the other. If you only have one creditor, this approach might not be applicable.

Suppose you are dealing with numerous creditors, and you have given them all an initial offer of 15% of the outstanding debt amount (make sure to use exact dollar amounts in the actual offers because real numbers, with decimal points and odd cent values, makes your offer more credible). After you have waited a sufficient amount of time and they finally contact you, you may say something like, “I will be happy to revisit this matter again, after I have addressed the other members in the claimant group.”

Pause a moment here…and then continue:

“This assumes there are funds remaining to address the remaining claims.”

In saying this, you are, in effect, placing this creditor at the very end of the line of creditors. These creditors are also being advised that you may be able to speak again, but only after making payments to accepting creditors.

It should occur to this creditor that if they missed out on the 15% offer, and are now rejecting an offer of 12%, what chance do they have to collect more? Not much, probably. But at least you are leaving the door open for traditional negotiations in the future. And those cases still should be settled for 25% to 50% of the total debt.

My records indicate that about 50% of the non-responsive creditors will accept the second offer of 12% of the amount owed. This leaves approximately 27.5% of the original creditors remaining. These remaining creditors will usually require a little more negotiating in the traditional manner by increasing the offer until agreement is reached.
André Larabie

www.andrelarabie.com

Negotiating Commercial Debt – When the Attorney’s Motivations Come Into Play

Sunday, May 16th, 2010

Oftentimes, you will be negotiating a debt that may seem too small for the opposing attorney to be dealing with it. In essence, the attorney may wish to dispose of this matter in order to concentrate on one of the larger cases currently on their desk.

Remember, it is not uncommon for an established attorney to be working dozens of cases at any given time. As such, common sense dictates that the attorney may be motivated to resolve this particular case so as to be able to concentrate on the larger cases, wherein the attorney can derive larger fees. If an attorney were to invest two hours on a small case to earn a fee of say $500.00, or could invest the same amount of time on a much larger case where the fee may be $5,000.00, on which case would the attorney prefer to invest their time? I think it is obvious.

However, if one finds that they are negotiating with a collection agency or collection attorney, the negotiating environment can be quite different. One may experience an impersonal or less-than-flexible attitude. This type of attorney is often located inside the office of the collection agency.

One of the reasons that this climate exists is that the collection agency or collection attorney has a vested interest in collecting as much as they possibly can for their client since the agency or attorney is contingency-based. In other words, the attorney or agency will be collecting a fee based on the amount of the recovery. And it is not uncommon for these entities to earn fees of 35% to 50% of the amount collected. So, do not take it personally if one experiences a less-than cooperative environment if one is negotiating on the telephone.

For these reasons, each attorney should be approached differently.
André Larabie

www.andrelarabie.com

Prioritizing Your Overall Commercial Debt Burden – Your Third Priority Creditors

Sunday, May 16th, 2010

To gain a better understanding of your overall commercial debt load, you first need to understand the makeup of this debt. What I mean is this: do you own a large percentage to one creditor, or is your debt burden spread evenly across a large number of creditors.

Clearly, if you owe everything to one creditor, you are not in as good a position as if the debt were spread across many. This is simply because you must keep the relationship healthy with a single creditor and you have little or no room to negotiate. If you are familiar with commercial debt negotiation, you will already know that one of the key negotiating tactics is to play the creditors against each other. If you have one big creditor, you are going to have a very difficult time doing that.

In my 20 years of debt negotiation experience, I have discovered that it is a good idea to divide all of your creditors into 3 main groups:
(1) The Top priority creditors
(2) The second-priority creditors
(3) The third-priority creditors

The top priority creditors are those that you absolutely MUST have a positive relationship with or your company will shut down. The second-priority creditors are all those that are critical to your business such that if you end your relationship, it will be a disruption to your daily operations, but it will not cause your company to shut down.

The Third-Priority Creditors
These priority 3 creditors are all the creditors that remain on the list after you have identified the number 1 creditors and the number 2 creditors. These can be described as follows:

If you never do business with a number 3 creditor, it should not affect your ability to operate your business.

Once you have done the work to prioritize your creditors, you can then make more informed judgments about how to address the overall obligations.
André Larabie

www.andrelarabie.com