With summer winding
down and consumer debt levels remaining at all-time highs, we thought it was a
good time for a back-to-basics ‘getting out of debt blog’ to help you ease into
fall with less worries on your plate. This first blog in the series will talk
about the consumer proposal, giving you the ins and outs to help you better
understand your options for getting out of debt. Other blogs in this series
will focus on debt consolidations, debt settlement and bankruptcy.
What is a consumer
proposal? In a nutshell, a consumer proposal is a proposal that is administered
by a trustee where you offer your creditor(s) a sum of money to be repaid over
a term of 5 years. This sum could be less than the total debt you owe. Also, a
consumer proposal will stop legal action being taken against you by unsecured
creditors who are included in the proposal, stop collection agency harassment
and freeze the interest accumulating on your debt.
A consumer proposal has to be conducted by a licensed
trustee in bankruptcy – you cannot negotiate one on your own. A financial
consultant can consult with you on your financial options and if a consumer
proposal is the solution you elect, he or she can co-ordinate a fair deal for
you with a trustee.
Unlike bankruptcy,
once a consumer proposal is in place you have no ongoing obligation to the
trustee whatsoever – you simply have to make your monthly payment. Consumer
proposals can be repaid in full at any time. This is a major plus for folks who
want to rebuild their credit quickly. A consumer proposal will be completely
removed from your credit report 3 years from the date it has been paid in full.
Beginning with a secured credit card or RRSP loan, those who make consumer
proposals have many options available to them for rebuilding credit.
With anything there
are caveats. A consumer proposal must be accepted by your majority creditor.
Because trustees represent you and your creditors it is important to understand
how consumer proposals work and to have your own representation through the
process. Negotiating a proposal that is accepted by your creditor(s) and that
is the best deal for you is key. Having representation ensures that you have
someone who has expertise in this area to ensure that you do get the best deal
and that all aspects of your financial situation have been considered.
Filing a consumer
proposal is, for many people, a smart solution for getting out of debt. That
being said, it needs to be approached correctly, and you will need the help of
a professional to carry it out.
For more information
about consumer proposals or other ways of getting out of debt, please contact
DebtCare Canada by calling 1-800-890-0888.
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