Credit repair
shysters extort the life savings of the middleclass credit-strapped
and leave vulnerable debtors deeper in the hole.
- John Dickerson
Cookie Gill knew she was in trouble. A single mother
adjusting to a new job in the Valley, her credit card payments were
out of control. She felt trapped and afraid. "I was living on credit
cards. I didn't like it. I wasn't using credit cards to buy diamonds.
I was buying food," she says. "Still, I knew it was getting bad."
So when a kind gentleman from Miracle Management called, Gill thought
it really was a miracle, a true answer to her prayers.
"I said, 'miracle.' I thought, 'It's a Godsend,'" she says. Miracle
Management seemed like help sent straight from above and its salespeople
acted like angels on the other end of the phone.
A few days after Gill paid the $699 fee to join the credit counseling
service, she noticed the angels were harder to get a hold of and
a lot less talkative. The rest of the story, she says, reads more
like a nightmare than a miracle.
Credit Crooks
Stories like Gill's are becoming more and more familiar around the
Valley. As credit card debt has mounted nationwide, so have the
number of debt consolidation scams, and they don't just affect the
poor.
"You would be surprised. We have people in our program in debt from
$9,000 up to $175,000 in credit card debt," says Adam Brauer, president
of Scottsdale-based Debt Settlement USA. "Credit card debt covers
everyone. We have everyone from police officers to doctors to lawyers."
Brauer is one of many in the credit industry concerned about the
growing number of fraudulent debt services. Masquerading as debt
consolidators, fraudulent credit services prey on credit-strangled
consumers by making big promises, demanding the last few bucks they
have and then vanishing, leaving them deeper in debt.
In 2004 the Federal Trade Commission warned that "advance-fee" loans
and credit offers were the most popular scams in the nation, having
already lured more than 4 million credit-troubled Americans.
Scams In Our Backyard
Scottsdale-based Miracle Management Group (MMG) still owes Gill
about $1,000, that despite a consent order issued by the Arizona
State Banking Department. But Gill's $1,000 is only a fraction of
the money MMG has been ordered to repay its victims.
Brauer says Gill's situation is not unusual in the industry. "We
had somebody who had been with a different company and had scraped
together $4,500 as an upfront retainer and called them two days
later. Their phone number was disconnected," he said.
Many will never see justice. "That $5,000 might as well have never
existed. I know we'll never get it back," says 31-year-old Melissa
Coggins. Coggins, a wife and mother of two, thought MMG's program
sounded like the best of the debt counselors she had researched
on the Web.
"They were supposed to help us, but they put us further in debt,"
Coggins says. Raised by a family with a strong work ethic, Coggins
and her husband believed they should do everything in their power
to repay their debts before considering bankruptcy.
"We trusted them to help get us out," she says. But months after
MMG had been taking $750 a month from the Coggins' bank account,
their creditors still hadn't received a single cent.
"Altogether, they took $6,000. They never paid any bills to any
creditors," Coggins explains. Meanwhile Coggins says her husband,
Andy, was working two jobs to make the hefty monthly payments for
MMG.
"We felt like we were drowning," she recalls. "Eventually our credit
cards got so far behind we had to file for bankruptcy, at which
point we were supposed to get $5,200 back from MMG. We've been calling
them ever since."
Dancing With Wolves
Like many burned customers, Coggins thought she had done her homework.
"We had gone to the Better Business Bureau, but we didn't know MMG
had changed names several times," she says. "When we signed up with
them, the name they were giving us was a different name than what
they were doing business under."
Brauer says a recent name change is one of many red flags that should
raise suspicion about a company. He recommends that anyone looking
for credit counsel check out how long a business has been operating
under its current name. MMG for example, had been Jubilee Financial
shortly before enticing Gill and Melissa Coggins into their program.
Brauer's Debt Settlement USA is one of a handful of Valley debt
counselors that has not changed its name, location or phone number
after several years of operation. He says about one-third of his
customers have been burned by other debt or credit offers.
In a 2003 report, "Credit Counseling in Crisis," Travis Plunkett
of the Consumer Federation of America says, "It is virtually impossible
to distinguish between the honest, caring agencies and the rip-off
artists by just looking at a TV ad or making a quick phone call."
Brauer suggests some of the indicators that can often expose fraud.
In addition to frequent name changes, he cautions that an upfront
retainer fee is the easiest fraud-alert to spot.
"Unfortunately, there are quite a few unscrupulous companies out
there. You just go back to Ameridebt," Brauer says. Ameridebt, one
of the largest consolidators in the nation, was shut down nearly
two years ago after defrauding thousands of debt counseling customers
and charging consumers more than $170 million in hidden fees.
Consumer Advice
"Consumers really need to know that if somebody's telling them they're
pre-approved it's baloney," says Ed Madgeson, founder of Ripoffreport.com.
"If you're actually pre-approved they would already have your information,
so they wouldn't need your credit info."
Madgeson's consumer Web site provides a forum for scammed consumers
to voice their complaints. Of more than 200 scam categories, Ripoffreport.com
visitors have lodged more than 14,550 "credit" related complaints.
Compare that with only 3,300 "auto dealer" complaints and just over
1,000 "false TV advertisement" complaints.
"One of these debt-consolidation companies out of Florida has been
threatening me," Madgeson says in a phone interview. "I've talked
with some of their victims from years ago. Some debt consolidators
even threaten that they'll destroy your credit."
Coggins for one wishes she had visited Ripoffreport.com before signing
up for MMG, which checked out fine with the Better Business Bureau,
but has numerous Ripoffreport.com complaints.
Speaking of credit and debt frauds specifically, Madgeson says,
"Some of these companies are in Scottsdale."
In addition to MMG, a separate Scottsdale company is accused of
offering credit cards for an upfront fee of $269. But consumers
don't receive a credit card in the mail. Instead they receive a
pamphlet suggesting nine credit card offers for which they may or
may not be qualified.
Madgeson also cautions against free credit reports, which he says
often retrieve personal information for resale.
Frauds on the Run
Despite Federal Trade Commission warnings that scams like MMG's
are multiplying across the country, little is being done to ensure
fraudulent companies don't reopen shop in different states, under
different names.
When asked what will prevent MMG from taking its operation to another
state, the Arizona State Banking Department had little to say. "To
the extent that they're properly licensed, there's nothing to prevent
that," says Kevin McCullough, Assistant Superintendent of the Arizona
State Banking Department.
"Normally, other states inquire if there are regulatory actions.
That state has to evaluate that situation. Other than being available
for inspection by other states, that's it," he adds.
But companies like MMG rarely apply for the appropriate licensing
when they move to a new state. In fact, MMG was never even licensed
to practice debt consolidation in Arizona.
McCullough says his department's jurisdiction ends with the fines
and restitution payments required of MMG.
Visiting MMG at Home
Homework for Credit
Counseling Services
1. No upfront fee. If somebody's looking for an
upfront fee, it should be a red flag.
2. Check out the organization with the Better
Business Bureau.
3. If an offer sounds too good to be true, it
is.
4. Credit cleaners can only negotiate about legitimate
mistakes on credit reports. They cannot change
records of actual missed payments.
5. If a program gives an absolute guarantee that
they will save 50 cents on the dollar or some
other exact figure, that's a red flag.
6. Find a local company that has been in business
for years.
7. Visit the office in person.
8. Brauer says "If people have equity in their
houses, and they're thinking about refinancing
or taking a home equity loan to pay off their
credit card debt, it's a mistake," he adds.
Defaulting on a credit card can only mean garnering
employment wages, Brauer says. Defaulting on a
refinance, on the other hand, could cost your
home.
"Another piece of advice, when you're looking
to buy an item. If you can't pay your credit card
bill in full, think about if you still want to
be paying for that 15 years down the road. Because
that's what you'll be doing." |
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These days, when Gill finds a credit card offer in the mail, she
cuts it up. She says she's learned the hard way that it's easier
to call creditors herself, and getting another credit card is never
the answer.
"You're your own best salesperson. Credit negotiators can't do anything
you can't," she says. "Creditors just want to get some of their
money back."
MMG recently wrote Gill a check for half of her funds. She said
that after the check bounced three times, she was finally able to
cash in on some of her lost money.
But MMG still owes her about $1,000. Melissa Coggins and others
outside of Arizona have yet to see a cent.
In the upscale neighborhood of Triple G Ranch in Tempe, a "For Sale"
sign is planted in front of MMG owner Hyla Stanton's two-story home.
A Mercedes SUV and a classic 1960's Lincoln low-rider sit in the
driveway. Former employees suggest MMG will not have enough assets
to repay all the money it owes customers. When asked if the Arizona
State Banking Department knew where MMG would come out, Kevin McCullough
answered, "I guess we'd have to wait and see."
On a lunch break from work at a state office, Gill says, "The thing
that sucks is that you know you've screwed up, and you're trying
to do the right thing. So I raise both hands and admit I've made
a mess. The suck part is you are trusting someone to do what they
say."
Coggins and her husband are still trying to get a hold of MMG. "They
wouldn't answer the phone or reply to email. We're doing everything
under the moon to contact them," Coggins says.
A Times reporter paid a recent visit to MMG owner Hyla Stanton's
house. After knocking on the door, it finally opens.
"Hi, is Hyla here?"
"Sure, can I ask who's calling, asking?"
"Sure, I'm with the Times."
"Oh, oh, really."
Door closes. Deadbolt locks.
www.debtsettlementusa.com
www.ripoffreport.com
www.azbanking.gov
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