Fair Debt Collection Practices (Training February 2010)

February 2010 training on fair debt collection law and practice for volunteers of the Volunteer Lawyers Project/Senior Partners for Justice Fair Debt Collection Lawyer for the Day Project at the Boston Municipal Court. See www.vlpnet.org for more information.

Globlization And Its Impact Of Insurance Industry In India

INTRODUCTION

The word "Fear" has only four alphabets like love but both of them have very different e meaning. Whatever man (malor female) does for the love of their families always starts with the background of fear. Generally so many times we have been asking our selves that, what will happen if we were not there, but we keep on asking rather then doing something for it. Time is precious, it never stops for any one and we are living in the world of uncertainty; the uncertainty of job, the uncertainty of money, the uncertainty of property and like this the story goes continuous for the whole life of a man.

A thriving insurance sector is of vital importance to every modern economy. Firstly because it encourages the habit of saving, secondly because it provides a safety net to rural and urban enterprises and productive individuals. And perhaps most importantly it generates long- term invisible funds for infrastructure building. The nature of the insurance business is such that the cash inflow of insurance companies is constant while the payout is deferred and contingency related.

This characteristic feature of their business makes insurance companies the biggest investors in long-gestation infrastructure development projects in all developed and aspiring nations. This is the most compelling reason why private sector (and foreign) companies, which will spread the insurance habit in the societal and consumer interest are urgently required in this vital sector of the economy. Opening up of insurance to private sector including foreign participation has resulted into various opportunities and challenges in India.

LIFE INSURANCE MARKET

The Life Insurance market in India is an underdeveloped market that was only tapped by the state owned LIC till the entry of private insurers. The penetration of life insurance products was 19 percent of the total 400 million of the insurable population. The state owned LIC sold insurance as a tax instrument, not as a product giving protection. Most customers were under- insured with no flexibility or transparency in the products. With the entry of the private insurers the rules of the game have changed.

The 12 private insurers in the life insurance market have already grabbed nearly 9 percent of the market in terms of premium income. The new business premium of the 12 private players has tripled to Rs 1000 crore in 2002- 03 over last year. Meanwhile, with regard to state owned LIC's new premium business has fallen.

Innovative products, smart marketing and aggressive distribution. That's the triple whammy combination that has enabled fledgling private insurance companies to sign up Indian customers faster than anyone ever expected. Indians, who have always seen life insurance as a tax saving device, are now suddenly turning to the private sector and snapping up the new innovative products on offer.

The growing popularity of the private insurers is evidenced in other ways. They are coining money in new niches that they have introduced. The state owned companies still dominate segments like endowments and money back policies. But in the annuity or pension products business, the private insurers have already wrested over 33 percent of the market. And in the popular unit-linked insurance schemes they have a virtual monopoly, with over 90 percent of the customers.
The private insurers also seem to be scoring big in other ways- they are persuading people to take out bigger policies. For instance, the average size of a life insurance policy before privatization was around Rs 50,000. That has risen to about Rs 80,000. But the private insurers are ahead in this game and the average size of their policies is around Rs 1.1 lakh to Rs 1.2 lakh- way bigger than the industry average.

Buoyed by their quicker than expected success, nearly all private insurers are fast- forwarding the second phase of their expansion plans. No doubt the aggressive stance of private insurers is already paying rich dividends. But a rejuvenated LIC is also trying to fight back to woo new customers.

INSURANCE TODAY

In 1993, Malhotra Committee, headed by former Finance Secretary and RBI Governor R. N. Malhotra, was formed to evaluate the Indian insurance industry and recommend its future direction. The Malhotra committee was set up with the objective of complementing the reforms initiated in the financial sector.

With the setup of Insurance Regulatory Development Authority (IRDA) the reforms started in the Insurance sector. It has became necessary as if we compare our Insurance penetration and per capita premium we are much behind then the rest of the world. The table above gives the statistics for the year 2000.

With the expected increase in per capita income to 6% for the next 10 year and with the improvement in the awareness levels the demand for insurance is expected to grow.
As per an independent consultancy company, Monitor Group has estimated a growth form Rs. 218 Billion to Rs. 1003 Billion by 2008. The estimations seems achievable as the performance of 13 life Insurance players in India for the year 2002-2003 (up to October, based on the first year premium) is Rs. 66.683 million being LIC the biggest contributor with Rs. 59,187 million. As of now LIC has 2050 branches in 7 zones with strong team of 5,60,000 agents.

IMPACT OF GLOBALISATION

While nationalized insurance companies have done a commendable job in extending the volume of the business, opening up insurance sector to private players was a necessity in the context of globalization of financial sector. If traditional infrastructural and semipublic goods industries such as banking, airlines, telecom, power etc., have significant private sector presence, continuing a state of monopoly in provision of insurance was indefensible and therefore, the globalization of insurance has been done as discussed earlier. Its impact has to be seen in the form of creating various opportunities and challenges.

The introduction of private players in the industry has added colours to the dull industry. The initiatives taken by the private players are very competitive and have given immense competition to the on time monopoly of the market LIC. Since the advent of the private players in the market the industry has seen new and innovative steps taken by the players in the sector. The new players have improved the service quality of the insurance. As a result LIC down the years have seen the declining in its career. The market share was distributed among the private players. Though LIC still holds 75% of the insurance sector the upcoming nature of these private players are enough to give more competition to LIC in the near future. LIC market share has decreased from 95%(2002-03) to 81% (2004-05). The following company holds the rest of the market share of the insurance industry.

TABLE - 1

IMPACT OF GLOBALISATION

NAME OF THE PLAYER MARKET SHARE (%)

LIC 82.3

ICICI PRUDENTIAL 5.63

BIRLA SUN LIFE 2.56

BAJA ALLIANZ 2.03

SBI LIFE 1.80

HDFC STANDARD 1.36

TATA AIG 1.29

MAX NEW YORK 0.90

AVIVA 0.79

OM KOTAK MAHINDRA 0.51

ING VYASA 0.37

AMP SANMAR 0.26

METLIFE 0.21

PRESENT SCENARIO OF GLOBALISATION

In a tough battle to expand market shares the private sector life insurance industry consisting of 14 life insurance companies at 26% have lost 3% of market share to the state owned Life Insurance Corporation(LIC) in the domestic life insurance industry in 2006-07. According to the figures released by Insurance Regulatory & Development Authority, the total premium of these 14 companies have shot up by 90% to Rs 19,471.83 crore in 2006-07 from Rs 10, 252 crore.

LIC with a total premium mobilisation of Rs 55,934 crore has been able to retain a market share of 74.26 % during the reporting period. In total the life insurance industry in first year premium has grown by 110% to Rs 75, 406 crore during 2006-07. The 2006-07 performance has thrown a few surprises in the ranking among the private sector life insurance companies. New entrants like Reliance Life and SBI Life had shown a huge growth of over 381% and 210% respectively during the year. Reliance Life which has become one of the top five companies ended the year with a premium of Rs 930 crore during the year.

Though ICICI Prudential Life Insurance remained as the No 1 private sector life insurance company during the year. Bajaj Allianz overtook ICICI Prudential in terms of monthly market share in March, for the first time ever. Bajaj's market share among private players in non-single premium for March stood at 29.1% vs. ICICI Prudential's 23.8%. Bajaj gained 4.6 percentage point market share among private sector players for FY07.

Among other private players, SBI Life and Reliance Life continued to do well, each gaining 4% market share in FY07. SBI Life's growth was driven by increasing contribution from ULIP premiums. Another notable developments of the 2006-07 performance has been the expansion of retail markets by the life insurance comapnies. Bajaj Alliannz Life insurance has added 20 lakh policies while ICICI Prudential has expanded over 19 lakh policies during the year.

With the largest number of life insurance policies in force in the world, Insurance happens to be a mega opportunity in India. It's a business growing at the rate of 15-20 per cent annually and presently is of the order of Rs 450 billion. Together with banking services, it adds about 7 per cent to the country's GDP. Gross premium collection is nearly 2 per cent of GDP and funds available with LIC for investments are 8 per cent of GDP.

Yet, nearly 80 per cent of Indian population is without life insurance cover while health insurance and non-life insurance continues to be below international standards. And this part of the population is also subject to weak social security and pension systems with hardly any old age income security. This itself is an indicator that growth potential for the insurance sector is immense.

A well-developed and evolved insurance sector is needed for economic development as it provides long term funds for infrastructure development and at the same time strengthens the risk taking ability. It is estimated that over the next ten years India would require investments of the order of one trillion US dollar. The Insurance sector, to some extent, can enable investments in infrastructure development to sustain economic growth of the country.

Insurance is a federal subject in India. There are two legislations that govern the sector- The Insurance Act- 1938 and the IRDA Act- 1999. The insurance sector in India has become a full circle from being an open competitive market to nationalisation and back to a liberalised market again. Tracing the developments in the Indian insurance sector reveals the 360 degree turn witnessed over a period of almost two centuries.

Important milestones in the life insurance business in India

1912: The Indian Life Assurance Companies Act enacted as the first statute to regulate the life insurance business.

1928: The Indian Insurance Companies Act enacted to enable the government to collect statistical information about both life and non-life insurance businesses.

1938: Earlier legislation consolidated and amended to by the Insurance Act with the objective of protecting the interests of the insuring public.

1956: 245 Indian and foreign insurers and provident societies taken over by the central government and nationalised. LIC formed by an Act of Parliament- LIC Act 1956- with a capital contribution of Rs. 5 crore from the Government of India.

In a tough battle to expand market shares the private sector life insurance industry consisting 14 life insurance companies at 26% have lost 3% of market share to the state owned Life Insurance Corporation(LIC) in the domestic life insurance industry in 2006-07. According to the figures released by Insurance Regulatory & Development Authority the total premium these 14 companies have shot up by 90% to Rs 19,471.83 crore in 2006-07 from Rs 10, 252 crore.

LIC with a total premium mobilisation of Rs 55,934 crore has been able retain a market share of 74.26 % during the reporting period. In total the life insurance industry in first year premium has grown by 110% to Rs 75, 406 crore during 2006-07. The 2006-07 performance has thrown a few surprises in the ranking among the private sector life insurance companies. New entrants like Reliance Life and SBI Life had shown a huge growth of over 381% and 210% respectively during the year. Reliance Life which has become one of the top five companies ended the year with a premium of Rs 930 crore during the year.

Though ICICI Prudential Life Insurance remained as the No 1 private sector life insurance company during the year Bajaj Allianz overtook ICICI Prudential in terms of monthly market share in March, for the first time ever. Bajaj's market share among private players in non-single premium for March stood at 29.1% vs. ICICI Prudential's 23.8%. Bajaj gained 4.6 percentage point market share among private sector players for FY07.

Among other private players, SBI Life and Reliance Life continued to do well, each gaining 4% market share in FY07. SBI Life's growth was driven by increasing contribution from ULIP premiums. Another notable development of the 2006-07 performance has been the expansion of retail markets by the life insurance companies. Bajaj Alliannz Life insurance has added 20 lakh policies while ICICI Prudential has expanded over 19 lakh policies during the year.

OPPORTUNITES

- A state monopoly has little incentive to innovative or offers a wide range of products. It can be seen by a lack of certain products from LIC's portfolio and lack of extensive risk categorization in several GIC products such as health insurance. More competition in this business will spur firms to offer several new products and more complex and extensive risk categorization.

- It would also result in better customer services and help improve the variety and price of insurance products.

- The entry of new players would speed up the spread of both life and general insurance. Spread of insurance will be measured in terms of insurance penetration and measure of density.

- With the entry of private players, it is expected that insurance business roughly 400 billion rupees per year now, more than 20 per cent per year even leaving aside the relatively under developed sectors of health insurance, pen More importantly, it will also ensure a great mobalisation of funds that can be utilized for purpose of infrastructure development that was a factor considered for globalisation of insurance.

- More importantly, it will also ensure a great moblisation of funds that can be utilized for purpose of infrastructure development that was a factor considered for globalisation of insurance.

- With allowing of holding of equity shares by foreign company either itself or through its subsidiary company or nominee not exceeding 26% of paid up capital of Indian partners will be operated resulting into supplementing domestic savings and increasing economic progress of nation. Agreements of various ventures have already been made to be discussed later on in this paper.

- It has been estimated that insurance sector growth more than 3 times the growth of economy in India. So business or domestic firms will attempt to invest in insurance sector. Moreover, growth of insurance business in India is 13 times the growth insurance in developed countries. So it is natural, that foreign companies would be fostering a very strong desire to invest something in Indian insurance business.

- Most important not the least tremendous employment opportunities will be created in the field of insurance which is burning problem of the present day today issues.

CHALLENGES BEFORE THE INDUSTRY

New age companies have started their business as discussed earlier. Some of these companies have been able to float 3 or 4 products only and some have targeted to achieve the level of 8 or 10 products. At present, these companies are not in a position to pose any challenge to LIC and all other four companies operating in general insurance sector, but if we see the quality and standards of the products which they issued, they can certainly be a challenge in future. Because the challenge in the entire environment caused by globalisation and liberalization the industry is facing the following challenges.

- The existing insurer, LIC and GIC, have created a large group of dissatisfied customers due to the poor quality of service. Hence there will be shift of large number of customers from LIC and GIC to the private insurers.

- LIC may face problem of surrender of a large number of policies, as new insurers will woo them by offer of innovative products at lower prices.

- The corporate clients under group schemes and salary savings schemes may shift their loyalty from LIC to the private insurers.

- There is a likelihood of exit of young dynamic managers from LIC to the private insurer, as they will get higher package of remuneration.

- LIC has overstaffing and with the introduction of full computerization, a large number of the employees will be surplus. However they cannot be retrenched. Hence the operating costs of LIC will not be reduced. This will be a disadvantage in the competitive market, as the new insurers will operate with lean office and high technology to reduce the operating costs.

- GIC and its four subsidiary companies are going to face more challenges, because their management expenses are very high due to surplus staff. They can't reduce their number due to service rules.

- Management of claims will put strain on the financial resources, GIC and its subsidiaries since it is not up the mark.

- LIC has more than to 60 products and GLC has more than 180 products in their kitty, which are outdated in the present context as they are not suitable to the changing needs of the customers. Not only that they are not competent enough to complete with the new products offered by foreign companies in the market.

- Reaching the consumer expectations on par with foreign companies such as better yield and much improved quality of service particularly in the area of settlement of claims, issue of new policies, transfer of the policies and revival of policies in the liberalized market is very difficult to LIC and GIC.

- Intense competition from new insurers in winning the consumers by multi-distribution channels, which will include agents, brokers, corporate intermediaries, bank branches, affinity groups and direct marketing through telesales and interest.

- The market very soon will be flooded by a large number of products by fairly large number of insurers operating in the Indian market. Even with limited range of products offered by LIC and GIC, the consumers are confused in the market. Their confusion will further increase in the face for large number of products in the market. The existing level of awareness of the consumers for insurance products is very low. It is so because only 62% of the Indian population is literate and less than 10% educated. Even the educated consumers are ignorant about the various products of the insurance.

- The insurers will have to face an acute problem of the redressal of the consumers, grievances for deficiency in products and services.

- Increasing awareness will bring number of legal cases filled by the consumers against insurers is likely to increase substantially in future.

- Major challenges in canalizing the growth of insurance sector are product innovation, distribution network, investment management, customer service and education.

ESSENTIALS TO MEET THE CHALLENGES

- Indian insurance industry needs the following to meet the global challenges

- Understanding the customer better will enable insurance companies to design appropriate products, determine price correctly and increase profitability.

- Selection of right type of distribution channel mix along with prudent and efficient FOS [Fleet On Street] management.

- An efficient CRM system, which would eventually create sustainable competitive advantages and build a long-lasting relationship

- Insurers must follow best investment practices and must have a strong asset management company to maximize returns.

- Insurers should increase the customer base in semi urban and rural areas, which offer a huge potential.

- Promoting health insurance and using e-broking to increase the business.

CONCLUSION

Thus, in the last on basis of above the discussion we can conclude that need for private sector entry is justifiable on the basis of enhancing the efficiency of operation, achieving greater density and insurance coverage in the country and for greater mobilization of long-term savings for long gestation infrastructure projects. In the wake of such competition it is essential for the government monopolies (LIC and GIC) that they quickly up grade their technology, restructure themselves on more efficient lines and operate as broad run enterprise. New players should not be treated as rivalries to government companies, but they can supplement in achieving the objective of growth of insurance business in India.

* Lecturer, Department of Commerce, Bharathiar University, Coimbatore-46
Email - buarticlecommerce@yahoo.com

** Ph.D Scholar, Department of Commerce, Bharathiar University, Coimbatore. Email - parentbala@sify.com

How do you aggregate debt

Collecting your debt in the 21st century. AARGON Collection has been doing it since 1996 and they can show you how.

A Homeowner's Defense Against the Foreclosure Lawsuit

This is the second article in a series examining various general issues of relating to foreclosures and the legal environment. Homeowners often avoid going to the initial foreclosure default hearing, which makes it very easy on the bank to win a case and proceed from foreclosure to eviction. Being aware of some of these legal issues, though, can encourage foreclosure victims to make it to the hearing and present their side of the story, which may result in a better resolution to the problem than a sheriff sale. Although these issues may not be come up at all, or the homeowners will find some solution outside of the courts, being aware of these aspects of the foreclosure process can allow them to put together more backup plans if the bank does pursue the default through the county court system.

The previous article discussed what elements of a case that the lender would need to prove in order to win a judgment against the homeowners. These included proving there was a legally binding contract, the lender performed as agreed under the terms of the contract, the homeowners breached some part of the agreement, and the breach caused the mortgage company to suffer actual damages. The lender must prove all of these elements in order to win; if they can not prove one of them, there is no case. For example, if the bank shows everything else but can not prove that they own the paperwork for the loan, due to it being passed around from lender to lender, sold to hedge funds, investment firms, and then sold to the foreclosing bank, but the loan papers are not clear, there may be no judgment awarded.

Of course, if the homeowners do not show up to the foreclosure hearing, the bank will often be awarded a default judgment, with the judge simply assuming that the bank's case is sound. If the homeowners are made aware of their right to defend against the lawsuit, and simply waive that right by not answering the complaint or showing up to court, the judge will assume that silence equals consent and the lender will win.

But, for homeowners making their own defense or hiring an attorney of their own to defend them, it is important to be aware of certain techniques that can be used to answer the foreclosure. The first step should be for the homeowners to identify in the lender's complaint the specific legal claims being made. Obviously, the most common one in a foreclosure lawsuit will be breach of contract, specifically in regards to the mortgage loan. But without reading the complaint, homeowners can not be sure if any other claims are made, or if the bank has failed to make any claim at all. Identifying the claim will help the foreclosure victims begin to understand exactly what they are defending against.

Then, the homeowners may want to figure out the exact elements of each claim made against them. My first article on this subject explains the specific elements that would generally need to be proved in a breach of contract case, although every case will be somewhat unique. But, as stated earlier, the bank will need to show that a legally binding contract existed between it and the homeowners, that the lender did everything as agreed, the homeowners failed to perform as agreed and breached the contract, and the lender suffered actual damages as a result. Although this may seem quite simple in theory, mortgage companies (and all creditors) are notoriously bad at record keeping and attorneys are not always known for competence when their shaky legal claims are challenged. Homeowners who can identify exactly what needs to be proven can often easily poke holes in the case and create a sense of doubt over one or more element, depending on how thorough the bank has been.

The next step may be for the foreclosure victims to identify each fact that the bank may use to prove their case. Some of these items may be the original mortgage paperwork, any assignments of mortgage showing who owns the loan at the present time, mortgage payment records showing the missed payments, and so on. Because the lender is qualified as a debt collector under the Fair Debt Collection Practices Act, it is quite reasonable for homeowners to request specific validation of the debt. If the bank has not kept very clear transfer records, or there is doubt of who exactly owns the loan, there may be no case against the homeowners. For example, suppose the bank can not clearly show the loan was transferred to it. The homeowners may be in danger of being sued by a different lender who actually does own the paperwork, or possibly they have been making on time payments to a different lender who has the right to collect. The bank that can not show it owns the loan can not prove it has the legal right to try and collect payment for the loan.

This is one reason why homeowners may want to put together documents that they have received that can disprove the lender's claims, as well as evidence that proves the claims the homeowners will make. As long as any one element of the mortgage company's lawsuit is defeated, there can be no judgment against the homeowners for foreclosure. If the bank's transfer documents are far different from the foreclosure victims' own information, there may be doubt that a legally binding contract exists between the bank and owners. Although this may just require more documents to be produced by the bank, rather than the whole case being thrown out, it will show the lender and their attorneys that not every homeowner is willing to be pushed around and intimidated by an unfamiliar court system.

Admittedly, it will be very difficult for homeowners to get the foreclosure lawsuit completely thrown out of court, leaving the bank with no other alternative than to write off the loan or start over and try to prove their case some other way. This happens in only a very small number of cases. But, homeowners with some knowledge of the foreclosure process in the court system, and the general theories of what the bank must do and how it can be defeated, will be in a much stronger position to come to a resolution that does not involve losing the home. Judges can order the parties to consider settlement ideas through mediation or arbitration, but homeowners too fearful even to show up at court will lose their opportunities for such alternatives to foreclosure. Even when homeowners are represented by an attorney, having a background understanding of the legal process will make the experience easier to comprehend.

TYT - Extended Clip June 9, 2011

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Is Debt Consolidation Good or Bad?

Many people suffering from deep debt obligations often look towards debt consolidation as the answer to their problems. Sometimes the debt is so painful, they don't always look at both the pros and cons of this debt solution though, so we'll take a brief look here.

First though, what is debt consolidation? Simply put, it's the process of combining all your debts into one. If you have ten debts of $10,000 each, then you have a total debt of $100,000. Some of those debts however, might be generating an additional 10% interest, while others are generating 15%-20% interest. In other words: Some of your debt is more expensive than others.

This is where debt consolidation comes into play. In theory, you'd take out a loan for $100,000 at a reasonable - or hopefully low - interest rate. Then you'd use those funds to pay off all ten of the smaller debts. This leaves you with just one payment to make each month, and one interest rate to manage.

Consolidating debt can be done with debt consolidation loans, by transferring your debt to zero or low interest credit cards, and by taking out a home equity loan.

Using the equity of your home to pay off debts can be risky, because if you default on the new loan, you could lose your home.

Likewise, using zero interest credit cards could also be problematic in the future, because these offers are usually designed to lure you in. The zero interest doesn't last.

Debt consolidation loans might be helpful, but be aware that when you have debt problems to begin with, you might not qualify for low enough interest rates. So if you choose to go this route, be sure to do all the math: Figure out whether the consolidation loan actually will reduce your overall payments - including the total interest you'll be paying for the life of your loan.

Some credit and debt counselors feel debt consolidation of any kind is a bad move to make though. In fact, it's estimated that 70% of Americans who take out some sort of loan to consolidate their debt end up with the same or worse debt problems within two years.

A better, more long-term solution might be to consider using a debt counselor. Professional counselors negotiate with your creditors to lower your payments or interest rates, while at the same time coaching you to manage debt more effectively. The unfortunate side effect of using counselors though? Your credit report will take a hit because you're not technically paying your bills as originally agreed.

So there you have a general overview of debt consolidation, the common solutions and options, along with pros and cons of each. Be sure to research all your options completely before making a decision of course, because you don't want to make your debt problems worse in the long run.

Easy Way to Beat the Trap of Debt Collection

Nowadays, debt collection can be quite a scary thing. The calls you receive can be rather harassing or threatening, but no matters what you have to pay the debt. Some debt collectors will be trying to help you with your payment plans so it is necessary that you pay your debts in advance to avoid getting harassed by debt collectors. Frequently, people normally find themselves not having the money to pay their minimum debt payments and this can cause a lot of frustrations to you because of the harassing phone calls. These calls will generally remind you to make payment at first, but later if you don't make the payment they will become more aggressive. Nevertheless, you have to pay the debt so as to avoid legal action.

The more you don't pay your debts, the more nagging you'll receive from the credit company. Therefore, you have to pay the loans to avoid trouble with the credit companies. Fortunately, there are thing that you can do to enable you make the process of paying your debt easier even if you don't have the money at that time. First you have to get in touch with the credit company and explain to them what is going on. It's obvious that the company will be looking for the reasons as to why you are not making the payments. It is not necessary to give them everything but just give the general details that are making you to be late.

If you plan to have a repayment, and you want them to know, then the best thing to do is to avoid giving them detailed information such as your place of employment or your income. If you do so they might call your company and enquire which will be embarrassing to you. Also never give out your bank account information as they might try to withdraw the money but the best option is to be aware of debt collection time, this will help you avoid crossing heads with the credit companies.

The worst thing you can do is to ignore them. This will them to call you often until you settle their debts. Be sure to be communicating to them ever 14 to 21 days this is very important because it will keep them informed on what is going on and in case you delay paying their debts they will be in a good position to understand you. Another important thing that you can do is to hire a credit counseling party; they will often help you when it comes to debt collection. These companies always negotiate with the credit companies and try to lower your monthly payments. They will basically act as representatives and they will be more effective in negotiating than you as a person.

In conclusion, the government is helpful when it comes to collecting of dept. there is a fair debt collection act that contain regulations that are to be followed by debt collection companies. So should the agencies don't follow the rules stated you are allowed to file a civil suit against them for damages.

How Does a Debt Settlement Law Firm Work?

I have been working in the debt settlement industry for almost ten years now and have very extensive knowledge as to how it works. Before we begin I want to say this will be a rather long article and if you are not serious about finding a solution to your debt problem then stop reading now. The purpose of this article is to explain to you first how debt settlement works and what the process entails; both the good and the bad. Next I will explain the differences between how a debt settlement law firm works and how it compares to a standard debt settlement company. There are many differences between how this process is handled by the two. Because of this debtors should learn these differences before enrolling into any program. Many people may already know how a debt settlement company works but have no clue as to how a law firm works and this article will explain just that.

First of all, I would like to state that debt settlement as a means of credit card debt relief is not for everyone; some people simply do not have the right state of mind, while others may benefit more from bankruptcy.

To begin with I would like to go over the purpose of credit card debt settlement and how the process works. The purpose of debt settlement is for the debtor to get out of debt quickly without having to file bankruptcy and save a lot of money in the process. The goal of the debt negotiator is to negotiate a one time lump sum payment on the debtors' behalf at a far reduced amount than what the debtor currently owes.

These benefits are tremendous. The debtor could save themselves close to half of what they currently owe and be out of debt in a few years. However as with most things in life there are drawbacks to this process and there is no way to avoid them.

In order for any creditor to be willing to negotiate a debt settlement on a debt the account must fall into default first. There are no creditors in the world willing to negotiate when you are current and up to date on your monthly minimum payments. If they feel you can maintain your monthly minimums than this is precisely where the creditors want to keep you. This is where their profit is made, by just paying the minimum each month you will be in debt for over thirty years, even if the interest rate is not all that high. If your rate is above 20%, you will be stuck in debt for well beyond thirty years and payback the creditors well over ten times the original balance alone in interest. That is exactly where they want you!

So understandably they will not negotiate with you when you are current and they feel they can still bank on your minimum payments for years to come. So the only way to ever negotiate is to fall behind on the monthly payments. Naturally once you do this you will be negatively affecting your credit score and will also be receiving calls from collectors; this is what may put some people off from doing debt settlement, thus why I stated above this process may not be for everyone.

For those people already behind this will not make a difference and their credit will not be damaged any more than it already is, however for those who are current this will adversely affect their credit. It is quite a shame that this point alone may stop some people from using debt settlement; thus dooming them to being financial servants to the creditors for decades to come.

You must also be made aware that this process in the end will begin to help rebuild your credit. Thirty percent of your MyFICO credit score is made up of your debt to credit ratio, which will look a lot better after you get out of debt. Additionally the negative remarks from falling behind will not hold much bearing on your credit score after two years. Your credit score is only a snapshot in time and only uses the last two years of payment history to determine the score.

Now during the process of falling behind your goal is to save up as much money as possible in the quickest possible time. This money is then used later on to pay off the settlement that is negotiated by the debt negotiator. The faster someone looks to save money and complete this process the better for many reasons. For one the faster you are out of debt the more money you stand to save and the less risk you take from the negative aspects of settlement such as lawsuit and further damage to the credit report.

This brings us to the title of the article "How Does a Debt Settlement Law Firm Work?" As I explained above there are great benefits to debt settlement such as saving lots of money and time; and there are also some downsides such as collection calls and the possibility of a lawsuit.

The main differences between how debt settlement is handled by a debt settlement law firm and standard debt settlement company is how they deal with the negative drawbacks. A law firm has much more legal power and is set up correctly to comply with their states' laws.

Collection Calls

One of the first major differences in how debt settlement is handled has to deal with collections calls. When you first fall behind and your debt is still in the hands of the original creditor there is nothing legally that can be done to stop them from calling. However once the creditor passes the account off to a third party collection agency which will happen anywhere between 3-6 months after falling behind things change. Legally once in the hands of the collectors a law firm will have the power to have all calls to their client stopped, and if the collector continues to call and harass the client legal action can be taken against that creditor seeing as they will be in violation of the FDCPA (Fair Debt Collections Practices Act).

So the client's first advantage by using a law firm will be a much decreased activity in collection calls, and this is very important for some people. Any regular debt settlement companies that claim they can stop the calls are simply not telling you the truth and you should be very weary of them because of this.

Lawsuits

The next major advantage a law firm has concerning debt settlement is how a lawsuit can be handled. In case you are not aware once you fall behind on your credit card debts the creditors/collectors do hold the legal right to pursue you through the courts to collect the debt. However I will mention, that suing is not the mainstay of the collectors and is not exercised very often; reason being it simply costs too much money and time on the creditor's behalf with no guarantee of getting any money even if they were able to obtain a judgment anyway.

The advantage the law firm has is they can still legally contact and negotiate a settlement with your collector after they have issued a summons to court. A debt settlement company does not have this legal power. The collectors are very willing to negotiate a settlement even after the summons has been issued; they realize they may get very little if anything regardless, so being contacted by a reputable law firm who is willing to offer them money and settle the debt without wasting any time or money with going to court is very beneficial to the collector.

If you get sued and you only have a standard company representing you, you can expect to go to court and try to figure it out yourself. This often results in a judgment for the debtor!

Correct Legal Set Up

Perhaps the biggest advantage the law firm has over a company is how they are set up. The vast majority of debt settlement companies are not legally allowed to work in all the states; many are not even set up correctly to operate in their own state.

The states' attorneys and the FTC (Federal Trade Commission) are cracking down severely on these companies and shutting them down as fast as possible. When this happens often times the company does not have the money to payback its clients for the fees they paid to a company that will no longer be in business and can no longer help to settle their debts. Now the debtor will be left holding the bag having paid thousands in fees but still be stuck in debt, and this nightmare scenario happens more than you may think. Thus making law firms a much, much safer option!

Another issue that many people have with debt settlement companies is they will not disclose how this process works and will simply sugar coats things and preach about the great benefits but never mention one downside. A law firm legally must disclose everything about how this works before being able to enroll anyone into any structured payment plan. A lot of companies do not have your interest at heart and will say whatever it takes to get you signed up even if they are fully aware that they are setting you up to fail.

Which brings me to my last point; a lot of unscrupulous companies will allow their clients to sign into a program and pay whatever they want and put them into programs that are set up for much longer than they should be. By stretching a debt settlement program out the savings will decrease and the potential for a lawsuit will increase. These companies cannot legally give the client advice or assistance if they get sued; it is considered unlicensed practice of law and this is what I mean by them knowing they will be setting you up to fail. If you can't get this process done within three years, four max in special situations, then you should seriously consider bankruptcy. A law firm will be strait up and tell this to you, where many shady companies will keep trying to sign you up.

I really hope after reading this article you feel enlightened and now have a much better understanding of how debt settlement works and how a law firm can advantage you the most. I know for the most part I have been focusing on the negative aspects of debt settlement, but I feel it is important for people to understand both the good and the bad, allowing them to make an educated wise financial decision on how to get out of debt. But you must realize just how powerful the benefits of this process are! Saving close to half of what is currently owed and becoming debt free in a few years will be so beneficial to your current and future financial well being. Credit card debt has a way of destroying people's finances and their lives and debt settlement is the perfect alternative for those who want to escape debt quickly and avoid the embarrassment of filing for bankruptcy.

If you are curious as to whether using a debt settlement law firm can benefit your financial situation then I invite you to follow the link below in the signature box and fill out an application. I welcome the opportunity to review your personal and unique situation to see if debt settlement will be the right fit for you.

Health Plan Changes in 2012 Under the Obamacare

A lot of things are taking place in the Massachusetts healthcare over the next couple of years. Okay, here are just some of the things that would take place in the year 2012 - that is, if the world does not come to an end. If you are fully insured, a lot of this will take place automatically: translation, you will be the one paying for the compliance, while your carrier will do the work for you. From January 1st 2013, you will be the one who will be responsible for reporting the cost of your health plan. But, if you are self funded, you may be required to do some of this by yourself. The chief provisions that require attention in 2012 actually relate to the following:

Summary of Benefits & Coverage (SBC)

Sponsors of self insured health plans and insurers will be required to provide a Summary of Benefits & Coverage to all applicants and participants, this will be based on a format that was set by Health and Human Services (HHS), utilizing standardized definitions.

Advance Notice of Mid-Year Modifications

Insurance and health plans will be required to offer 60 day advance notice of modifications that will affect SBC's content.

Quality of Care Report

Insurers and health plan providers will have to submit reports to HHS annually - this way, the quality of care will be measured. By March 23rd, 2012, regulations will be required.

Comparative effectiveness Research Charges

Insurers are expected to donate 1 dollar multiplied by the figure of lives that were covered under every health plan (this include self insured health insurance plans) for policy years or plan years which ends after September 30th, 2012. In 2013, this amount will rise to 2 dollars per participant and is indexed afterward. By 2019, the fee will be phased out.

Administrative Simplification

Starting from 2012 and extending all through the year 2016, the Health and Human Services will adopt uniform standards and operating laws for the e-transactions that take place between health plans and providers that are presided over by the 1996 Act of Health Insurance and Portability and Accountability. Plans will need to confirm compliance or simply face financial consequences.

W-2 Reporting

Employers will need to include the comprehensive cost of employer-sponsored health plan, starting with the 2012 Form W-2. This may sound like a lot to take in, but you will definitely get the hang of it when the time comes.

Roulette Tips - 10 Roulette Tips for Instant Roulette Profits

I know exactly what you're thinking! "Can I beat the casino and win at Roulette." Well here's my answer: yes you can. A myriad of Roulette Tips circulate around the web and in literature, but here's 10 quick Roulette Tips that are guaranteed to increase your profits and jeopardise casino earnings:

Roulette Tip 1# Use a Roulette System that is free, easy to operate and uses outside table positions to bet on. Never pay for a Roulette System. The collection of free "Roulette Tips" that circulate the web are adequate enough to guide you in a winning direction. Often, a merchant that requires payment is attempting to defraud you, beware!

Roulette Tip 2# Only ever bet on the outside chances: Red/Black, Odd/Even, High/Low, Columns or Dozens. This Roulette Tip is crucial in understanding and operating a successful system. It's easy to implement and although the rewards are marginal you will walk away a winner (keep reading for details on a free Roulette System).

Roulette Tip 3# Monitor the Roulette Table. Positioned within any Roulette Tip or Tips should be an instruction of "observe the previous few numbers". Whether online or in a physical casino venue, a marquee of previous numbers from prior spins are displayed. These can assist the gambler in making his next prediction. For instance, if a sequence of 10 black numbers were to be spun in, maybe the player should think about betting on red. This Roulette Tip is the essence of many Roulette Systems and is often employed by successful players who frequently record profits.

Roulette Tip 4# Try your Roulette System on a free table before operating it for financial gain. Preferably practice your system on a table that enables you to spin the wheel without laying a bet. OK, this stipulation isn't necessary during free play, but its necessity will transpire when you transfer to the cash tables. This Roulette Tip merely puts you into good practice before you start betting for money.

Roulette Tip 5# Reserve your winnings. Example: You begin with a pot of $50. After 1 hour of play you possess a total of $100 equating to an obvious profit of $50. Withdraw the winnings into your bank account. Clearly the session of Roulette cannot be lost, you can only draw even. This is a fundamental Roulette Tip for any casino player. Always pocket the money you win and play with your original stake. If you lose your stake within a short period, do not be tempted to make further deposits. Perhaps the most crucial Roulette Tip for any player...never bet more than you can afford to lose.

Roulette Tip 6# Assess not only the Roulette Table, but also what you are doing. Roulette Tip No. 5 relates to concentration. To systematically cash-in on Roulette you must remember you are not engaged in competition with the casino. Focus your resolve on generating profit, NOT beating the casino into submission.

Roulette Tip 7# The Roulette Tip in this section is simple but imperative. Only ever play the European Roulette Table and never the American Roulette Table. The double 00 on the American Table increases the casino's advantage. The European Roulette Table only has a 2.63% advantage over you the player.

Roulette Tip 8# The most indispensable Roulette Tip in this short examination relates to casino software (providing you play online). ONLY ever sign-up to an established casino brand that publishes its payout percentages. Any amount of unscrupulous casinos exist online, and they operate without a Random Number Generator (RNG) meaning whichever betting patterns and procedures you adopt the software will not be beaten. The Casino player will not be able to participate in a fair game Roulette as a Random number is exchanged for a known number by the casino. Many of these schemes have been uncovered recently; operated by fraudulent characters seeking to cash-in on the Casino player.

Roulette Tip 9# Roulette Tip No. 9 is for the physical casino only. Scrutinize the wheel for approximately 1000 spins to detect any bias. Such a Roulette Tip appears unwarranted, but Roulette Tables are notorious for having a bias. For example, the table may produce more Odd numbers than Even, or more Middle Dozen numbers than Low or high. The drawback to this Roulette Tip is the prolonged monitoring of the table before betting can commence, and, of course, the tenacity of the Casino manager who will regularly change the wheel. It does however often work effectively.

Roulette Tip 10# Finally, print, review and absorb this Roulette Tip guide. It encompasses all of the required details to walk away a winner (without one ingredient of course, a Roulette System, see below). These roulette Tips should act as a Bible, and a manual for ensuring a lucrative profit from a fair game of Roulette.

Implement these 10 quick Roulette Tips and you are guaranteed to increase your profits and jeopardise casino earnings.

Overview of Zimbabwean Banking Sector (Part One)

Entrepreneurs build their business within the context of an environment which they sometimes may not be able to control. The robustness of an entrepreneurial venture is tried and tested by the vicissitudes of the environment. Within the environment are forces that may serve as great opportunities or menacing threats to the survival of the entrepreneurial venture. Entrepreneurs need to understand the environment within which they operate so as to exploit emerging opportunities and mitigate against potential threats.

This article serves to create an understanding of the forces at play and their effect on banking entrepreneurs in Zimbabwe. A brief historical overview of banking in Zimbabwe is carried out. The impact of the regulatory and economic environment on the sector is assessed. An analysis of the structure of the banking sector facilitates an appreciation of the underlying forces in the industry.
Historical Background

At independence (1980) Zimbabwe had a sophisticated banking and financial market, with commercial banks mostly foreign owned. The country had a central bank inherited from the Central Bank of Rhodesia and Nyasaland at the winding up of the Federation.

For the first few years of independence, the government of Zimbabwe did not interfere with the banking industry. There was neither nationalisation of foreign banks nor restrictive legislative interference on which sectors to fund or the interest rates to charge, despite the socialistic national ideology. However, the government purchased some shareholding in two banks. It acquired Nedbank's 62% of Rhobank at a fair price when the bank withdrew from the country. The decision may have been motivated by the desire to stabilise the banking system. The bank was re-branded as Zimbank. The state did not interfere much in the operations of the bank. The State in 1981 also partnered with Bank of Credit and Commerce International (BCCI) as a 49% shareholder in a new commercial bank, Bank of Credit and Commerce Zimbabwe (BCCZ). This was taken over and converted to Commercial Bank of Zimbabwe (CBZ) when BCCI collapsed in 1991 over allegations of unethical business practices.

This should not be viewed as nationalisation but in line with state policy to prevent company closures. The shareholdings in both Zimbank and CBZ were later diluted to below 25% each.
In the first decade, no indigenous bank was licensed and there is no evidence that the government had any financial reform plan. Harvey (n.d., page 6) cites the following as evidence of lack of a coherent financial reform plan in those years:

- In 1981 the government stated that it would encourage rural banking services, but the plan was not implemented.
- In 1982 and 1983 a Money and Finance Commission was proposed but never constituted.
- By 1986 there was no mention of any financial reform agenda in the Five Year National Development Plan.

Harvey argues that the reticence of government to intervene in the financial sector could be explained by the fact that it did not want to jeopardise the interests of the white population, of which banking was an integral part. The country was vulnerable to this sector of the population as it controlled agriculture and manufacturing, which were the mainstay of the economy. The State adopted a conservative approach to indigenisation as it had learnt a lesson from other African countries, whose economies nearly collapsed due to forceful eviction of the white community without first developing a mechanism of skills transfer and capacity building into the black community. The economic cost of inappropriate intervention was deemed to be too high. Another plausible reason for the non- intervention policy was that the State, at independence, inherited a highly controlled economic policy, with tight exchange control mechanisms, from its predecessor. Since control of foreign currency affected control of credit, the government by default, had a strong control of the sector for both economic and political purposes; hence it did not need to interfere.

Financial Reforms

However, after 1987 the government, at the behest of multilateral lenders, embarked on an Economic and Structural Adjustment Programme (ESAP). As part of this programme the Reserve Bank of Zimbabwe (RBZ) started advocating financial reforms through liberalisation and deregulation. It contended that the oligopoly in banking and lack of competition, deprived the sector of choice and quality in service, innovation and efficiency. Consequently, as early as 1994 the RBZ Annual Report indicates the desire for greater competition and efficiency in the banking sector, leading to banking reforms and new legislation that would:

- allow for the conduct of prudential supervision of banks along international best practice
- allow for both off-and on-site bank inspections to increase RBZ's Banking Supervision function and
- enhance competition, innovation and improve service to the public from banks.

Subsequently the Registrar of Banks in the Ministry of Finance, in liaison with the RBZ, started issuing licences to new players as the financial sector opened up. From the mid-1990s up to December 2003, there was a flurry of entrepreneurial activity in the financial sector as indigenous owned banks were set up. The graph below depicts the trend in the numbers of financial institutions by category, operating since 1994. The trend shows an initial increase in merchant banks and discount houses, followed by decline. The increase in commercial banks was initially slow, gathering momentum around 1999. The decline in merchant banks and discount houses was due to their conversion, mostly into commercial banks.

Source: RBZ Reports

Different entrepreneurs used varied methods to penetrate the financial services sector. Some started advisory services and then upgraded into merchant banks, while others started stockbroking firms, which were elevated into discount houses.

From the beginning of the liberalisation of the financial services up to about 1997 there was a notable absence of locally owned commercial banks. Some of the reasons for this were:

- Conservative licensing policy by the Registrar of Financial Institutions since it was risky to licence indigenous owned commercial banks without an enabling legislature and banking supervision experience.
- Banking entrepreneurs opted for non-banking financial institutions as these were less costly in terms of both initial capital requirements and working capital. For example a merchant bank would require less staff, would not need banking halls, and would have no need to deal in costly small retail deposits, which would reduce overheads and reduce the time to register profits. There was thus a rapid increase in non-banking financial institutions at this time, e.g. by 1995 five of the ten merchant banks had commenced within the previous two years. This became an entry route of choice into commercial banking for some, e.g. Kingdom Bank, NMB Bank and Trust Bank.

It was expected that some foreign banks would also enter the market after the financial reforms but this did not occur, probably due to the restriction of having a minimum 30% local shareholding. The stringent foreign currency controls could also have played a part, as well as the cautious approach adopted by the licensing authorities. Existing foreign banks were not required to shed part of their shareholding although Barclay's Bank did, through listing on the local stock exchange.

Harvey argues that financial liberalisation assumes that removing direction on lending presupposes that banks would automatically be able to lend on commercial grounds. But he contends that banks may not have this capacity as they are affected by the borrowers' inability to service loans due to foreign exchange or price control restrictions. Similarly, having positive real interest rates would normally increase bank deposits and increase financial intermediation but this logic falsely assumes that banks will always lend more efficiently. He further argues that licensing new banks does not imply increased competition as it assumes that the new banks will be able to attract competent management and that legislation and bank supervision will be adequate to prevent fraud and thus prevent bank collapse and the resultant financial crisis. Sadly his concerns do not seem to have been addressed within the Zimbabwean financial sector reform, to the detriment of the national economy.

The Operating Environment

Any entrepreneurial activity is constrained or aided by its operating environment. This section analyses the prevailing environment in Zimbabwe that could have an effect on the banking sector.

Politico-legislative

The political environment in the 1990s was stable but turned volatile after 1998, mainly due to the following factors:

- an unbudgeted pay out to war veterans after they mounted an assault on the State in November 1997. This exerted a heavy strain on the economy, resulting in a run on the dollar. Resultantly the Zimbabwean dollar depreciated by 75% as the market foresaw the consequences of the government's decision. That day has been recognised as the beginning of severe decline of the country's economy and has been dubbed "Black Friday". This depreciation became a catalyst for further inflation. It was followed a month later by violent food riots.
- a poorly planned Agrarian Land Reform launched in 1998, where white commercial farmers were ostensibly evicted and replaced by blacks without due regard to land rights or compensation systems. This resulted in a significant reduction in the productivity of the country, which is mostly dependent on agriculture. The way the land redistribution was handled angered the international community, that alleges it is racially and politically motivated. International donors withdrew support for the programme.
- an ill- advised military incursion, named Operation Sovereign Legitimacy, to defend the Democratic Republic of Congo in 1998, saw the country incur massive costs with no apparent benefit to itself and
- elections which the international community alleged were rigged in 2000,2003 and 2008.

These factors led to international isolation, significantly reducing foreign currency and foreign direct investment flow into the country. Investor confidence was severely eroded. Agriculture and tourism, which traditionally, are huge foreign currency earners crumbled.

For the first post independence decade the Banking Act (1965) was the main legislative framework. Since this was enacted when most commercial banks where foreign owned, there were no directions on prudential lending, insider loans, proportion of shareholder funds that could be lent to one borrower, definition of risk assets, and no provision for bank inspection.

The Banking Act (24:01), which came into effect in September 1999, was the culmination of the RBZ's desire to liberalise and deregulate the financial services. This Act regulates commercial banks, merchant banks, and discount houses. Entry barriers were removed leading to increased competition. The deregulation also allowed banks some latitude to operate in non-core services. It appears that this latitude was not well delimited and hence presented opportunities for risk taking entrepreneurs. The RBZ advocated this deregulation as a way to de-segment the financial sector as well as improve efficiencies. (RBZ, 2000:4.) These two factors presented opportunities to enterprising indigenous bankers to establish their own businesses in the industry. The Act was further revised and reissued as Chapter 24:20 in August 2000. The increased competition resulted in the introduction of new products and services e.g. e-banking and in-store banking. This entrepreneurial activity resulted in the "deepening and sophistication of the financial sector" (RBZ, 2000:5).

As part of the financial reforms drive, the Reserve Bank Act (22:15) was enacted in September 1999.

Its main purpose was to strengthen the supervisory role of the Bank through:
- setting prudential standards within which banks operate
- conducting both on and off-site surveillance of banks
- enforcing sanctions and where necessary placement under curatorship and
- investigating banking institutions wherever necessary.

This Act still had deficiencies as Dr Tsumba, the then RBZ governor, argued that there was need for the RBZ to be responsible for both licensing and supervision as "the ultimate sanction available to a banking supervisor is the knowledge by the banking sector that the license issued will be cancelled for flagrant violation of operating rules". However the government seemed to have resisted this until January 2004. It can be argued that this deficiency could have given some bankers the impression that nothing would happen to their licences. Dr Tsumba, in observing the role of the RBZ in holding bank management, directors and shareholders responsible for banks viability, stated that it was neither the role nor intention of the RBZ to "micromanage banks and direct their day to day operations. "

It appears though as if the view of his successor differed significantly from this orthodox view, hence the evidence of micromanaging that has been observed in the sector since December 2003.
In November 2001 the Troubled and Insolvent Banks Policy, which had been drafted over the previous few years, became operational. One of its intended goals was that, "the policy enhances regulatory transparency, accountability and ensures that regulatory responses will be applied in a fair and consistent manner" The prevailing view on the market is that this policy when it was implemented post 2003 is definitely deficient as measured against these ideals. It is contestable how transparent the inclusion and exclusion of vulnerable banks into ZABG was.

A new governor of the RBZ was appointed in December 2003 when the economy was on a free-fall. He made significant changes to the monetary policy, which caused tremors in the banking sector. The RBZ was finally authorised to act as both the licensing and regulatory authority for financial institutions in January 2004. The regulatory environment was reviewed and significant amendments were made to the laws governing the financial sector.

The Troubled Financial Institutions Resolution Act, (2004) was enacted. As a result of the new regulatory environment, a number of financial institutions were distressed. The RBZ placed seven institutions under curatorship while one was closed and another was placed under liquidation.

In January 2005 three of the distressed banks were amalgamated on the authority of the Troubled Financial Institutions Act to form a new institution, Zimbabwe Allied Banking Group (ZABG). These banks allegedly failed to repay funds advanced to them by the RBZ. The affected institutions were Trust Bank, Royal Bank and Barbican Bank. The shareholders appealed and won the appeal against the seizure of their assets with the Supreme Court ruling that ZABG was trading in illegally acquired assets. These bankers appealed to the Minister of Finance and lost their appeal. Subsequently in late 2006 they appealed to the Courts as provided by the law. Finally as at April 2010 the RBZ finally agreed to return the "stolen assets".

Another measure taken by the new governor was to force management changes in the financial sector, which resulted in most entrepreneurial bank founders being forced out of their own companies under varying pretexts. Some eventually fled the country under threat of arrest. Boards of Directors of banks were restructured.

Economic Environment

Economically, the country was stable up to the mid 1990s, but a downturn started around 1997-1998, mostly due to political decisions taken at that time, as already discussed. Economic policy was driven by political considerations. Consequently, there was a withdrawal of multi- national donors and the country was isolated. At the same time, a drought hit the country in the season 2001-2002, exacerbating the injurious effect of farm evictions on crop production. This reduced production had an adverse impact on banks that funded agriculture. The interruptions in commercial farming and the concomitant reduction in food production resulted in a precarious food security position. In the last twelve years the country has been forced to import maize, further straining the tenuous foreign currency resources of the country.

Another impact of the agrarian reform programme was that most farmers who had borrowed money from banks could not service the loans yet the government, which took over their businesses, refused to assume responsibility for the loans. By concurrently failing to recompense the farmers promptly and fairly, it became impractical for the farmers to service the loans. Banks were thus exposed to these bad loans.

The net result was spiralling inflation, company closures resulting in high unemployment, foreign currency shortages as international sources of funds dried up, and food shortages. The foreign currency shortages led to fuel shortages, which in turn reduced industrial production. Consequently, the Gross Domestic Product (GDP) has been on the decline since 1997. This negative economic environment meant reduced banking activity as industrial activity declined and banking services were driven onto the parallel rather than the formal market.

As depicted in the graph below, inflation spiralled and reached a peak of 630% in January 2003. After a brief reprieve the upward trend continued rising to 1729% by February 2007. Thereafter the country entered a period of hyperinflation unheard of in a peace time period. Inflation stresses banks. Some argue that the rate of inflation rose because the devaluation of the currency had not been accompanied by a reduction in the budget deficit. Hyperinflation causes interest rates to soar while the value of collateral security falls, resulting in asset-liability mismatches. It also increases non-performing loans as more people fail to service their loans.

Effectively, by 2001 most banks had adopted a conservative lending strategy e.g. with total advances for the banking sector being only 21.7% of total industry assets compared to 31.1% in the previous year. Banks resorted to volatile non- interest income. Some began to trade in the parallel foreign currency market, at times colluding with the RBZ.

In the last half of 2003 there was a severe cash shortage. People stopped using banks as intermediaries as they were not sure they would be able to access their cash whenever they needed it. This reduced the deposit base for banks. Due to the short term maturity profile of the deposit base, banks are normally not able to invest significant portions of their funds in longer term assets and thus were highly liquid up to mid-2003. However in 2003, because of the demand by clients to have returns matching inflation, most indigenous banks resorted to speculative investments, which yielded higher returns.

These speculative activities, mostly on non-core banking activities, drove an exponential growth within the financial sector. For example one bank had its asset base grow from Z$200 billion (USD50 million) to Z$800 billion (USD200 million) within one year.

However bankers have argued that what the governor calls speculative non-core business is considered best practice in most advanced banking systems worldwide. They argue that it is not unusual for banks to take equity positions in non-banking institutions they have loaned money to safeguard their investments. Examples were given of banks like Nedbank (RSA) and J P Morgan (USA) which control vast real estate investments in their portfolios. Bankers argue convincingly that these investments are sometimes used to hedge against inflation.

The instruction by the new governor of the RBZ for banks to unwind their positions overnight, and the immediate withdrawal of an overnight accommodation support for banks by the RBZ, stimulated a crisis which led to significant asset-liability mismatches and a liquidity crunch for most banks. The prices of properties and the Zimbabwe Stock Exchange collapsed simultaneously, due to the massive selling by banks that were trying to cover their positions. The loss of value on the equities market meant loss of value of the collateral, which most banks held in lieu of the loans they had advanced.

During this period Zimbabwe remained in a debt crunch as most of its foreign debts were either un-serviced or under-serviced. The consequent worsening of the balance of payments (BOP) put pressure on the foreign exchange reserves and the overvalued currency. Total government domestic debt rose from Z$7.2 billion (1990) to Z$2.8 trillion (2004). This growth in domestic debt emanates from high budgetary deficits and decline in international funding.

Socio-cultural

Due to the volatile economy after the 1990s, the population became fairly mobile with a significant number of professionals emigrating for economic reasons. The Internet and Satellite television made the world truly a global village. Customers demanded the same level of service excellence they were exposed to globally. This made service quality a differential advantage. There was also a demand for banks to invest heavily in technological systems.

The increasing cost of doing business in a hyperinflationary environment led to high unemployment and a concomitant collapse of real income. As the Zimbabwe Independent (2005:B14) so keenly observed, a direct outcome of hyperinflationary environment is, "that currency substitution is rife, implying that the Zimbabwe dollar is relinquishing its function as a store of value, unit of account and medium of exchange" to more stable foreign currencies.

During this period an affluent indigenous segment of society emerged, which was cash rich but avoided patronising banks. The emerging parallel market for foreign currency and for cash during the cash crisis reinforced this. Effectively, this reduced the customer base for banks while more banks were coming onto the market. There was thus aggressive competition within a dwindling market.

Socio-economic costs associated with hyperinflation include: erosion of purchasing power parity, increased uncertainty in business planning and budgeting, reduced disposable income, speculative activities that divert resources from productive activities, pressure on the domestic exchange rate due to increased import demand and poor returns on savings. During this period, to augment income there was increased cross border trading as well as commodity broking by people who imported from China, Malaysia and Dubai. This effectively meant that imported substitutes for local products intensified competition, adversely affecting local industries.

As more banks entered the market, which had suffered a major brain drain for economic reasons, it stood to reason that many inexperienced bankers were thrown into the deep end. For example the founding directors of ENG Asset Management had less than five years experience in financial services and yet ENG was the fastest growing financial institution by 2003. It has been suggested that its failure in December 2003 was due to youthful zeal, greed and lack of experience. The collapse of ENG affected some financial institutions that were financially exposed to it, as well as eliciting depositor flight leading to the collapse of some indigenous banks.

F***IN' TEENAGERS

It was a debt collection agency which one of the members of the household is never around to listen to. So no harm done. Also, we've both worked for one of these agencies. lawl.

How to Handle a Collection Agency on the telephone

Debt collectors can be rude and obnoxious, but that is a good thing. The Fair Debt Collection Practices Act makes them pay. Learn how

Different Types of Corporations

In the balance of economics, the incorporation can not only be a beneficial decision, it can also be the demise. Certain aspects should be taken into consideration before even starting the process, including which direction to go. As the owner of a company you need to be willing to take sensible risks to continue your movement forward.

Let's explore the five main types of corporations. On each, we will discuss their pros and cons. What liability risks each type offer, and where you fall in regards to taxes on each.

S Corporation

In the very basic of terms, an S Corporation is a company that has decided to use Sub-chapter S of the IRS Code as proposed in Chapter 1. This means the corporation does not pay income taxes. They in turn divide all profit and losses among their shareholders who in turn must report it on their income taxes.

From the stand point of taxes, you immediately limit the amount of taxation your company will receive. Unless you also classify yourself as a C Corporation, mixing both of these puts you into a double taxation bracket that will become costly for all parties involved. This is largely due to your profits being taxed and then your shareholders profits being taxed as well.

If an S Corporation has employees, as opposed to independent contractors, they are required to still pay FICA taxes on the employee's payroll. The employee must still pay all required State, County and Federal taxes as required by law.

Since the S Corporation does not have to pay taxes on its profits, the burden remains on the shareholders of the company. The largest portion of which is the owner or co-owners of the company. So if you own 50% of the available shares, you will be required to pay 50% of the profit or loss tax on your company for the year.

Here are some key factors you must keep in mind if you are choosing to become an S Corporation:

You must be eligible to claim S Corporation Status. Which means you must be a domestic corporation or be a registered LLC. Only one stock class is allowed. The maximum number of shareholders your company can have is 100. (Spouses can be claimed as a single shareholder, as can direct family members that are descended from a common ancestor. They in turn have to agree to this classification however.) All shareholders must be U.S. Residents and must be natural people. You cannot have shares to corporations or other companies, with a few minor exceptions. Such as a 501(c) (3) corporation. Every profit or loss should be applied proportionately to each shareholder. For example, if you make a $500 profit, a person with 25% interest in the company would receive $125.00.

Outside of the tax benefits you should also remain aware of the liability that an S Corporation carries. Although it is classified as a company where Shareholders have limited legal liability, it doesn't mean it is completely free from legal liability.

They are still responsible for the company based on their share percentage in the following circumstances, and have the potential to have their loss exceed if the following are found:

A Court determines the company is fraudulent. Corporate formalities have been neglected. Starting capital must have been enough for initial success. Personal assets have been added to cover expenses.

All officers, employees, agents and directors of the company are help personally responsible in the events that any liability arises as a result of their services. However, certain individuals in those categorizes can get indemnified for a cost. It will however only cover costs and expenses that arise from certain tasks. It does not remove legal responsibility.

Additionally, the company as whole can be protected from one person's mistakes through insurance several companies offer in regards to liability. Any company dealing with potential bodily injury should register for insurance.

C Corporation

Next, we will look at C Corporations. In very basic terms, A C Corporation is a company that is designated to be taxed under Sub-chapter C of the IRS Code. A majority of companies act as C Corporations. If you miss the minimum requirements of an S Corporation by one qualification, it is typically where your company fits best.

The main difference between the C Corporation and the S Corporation is the number of individuals allowed to "own" the company. Meaning you can have more than 100 shareholders.

Additionally, other corporations can own shares in the C Corporation, as well as foreign and domestic shareholders. This is considered a universal shareholder account. But unlike an S Corporation, the C Corporation is taxed on its profits. In turn the Shareholders are taxed on their earnings after that.

However, before a C Corporation can be formed, the following steps must be done: A Corporation Name must be established based on State Rules. All Director Positions must be filled in advance. The Articles of Corporation must be completed with the fees posted. An approved corporate bylaw must be completed with a plan to follow. One initial meeting must have occurred with the board of directors. Stock Certificates must have been issued for the initial owners. License and Permits must be obtained and approved. You must keep records of annual reports and meetings on file at all times.

Liabilities for a C Corporation are similar to the S Corporation.

Limited Liability Company (LLC)

In the most basic of concepts, this is a company is a partnership company with corporate elements blended in. This type gives little liability to the actual owners of the company. In reality it is also not an actual Corporation, rather it is an unincorporated association. While you are protected from most liabilities that arise, any fraudulent or misrepresentations are not protected as determined by a court of law. This also means any individual hiding behind an alter ego.

Most LLC can operate with the tax rules of either an S Corporation or a C Corporation depending on how the owner(s) prefer to have their income handled. Ideally handling it as an S Corporation provides the best solution for most individuals considering a LLC when it to taxes. So a benefit is the pass-through taxation available.

The liability on a LLC is a little stricter than those of the corporations as well. While personal property cannot be seized for failure of the business to pay, the limited liability is only from a financial stand point. The following items are your biggest concerns of liability. The company results in bodily harm of any individual. You personally guarantee a loan for the company. Taxes for employees are not paid that you have withheld. Any illegal or fraudulent activity. Using the LLC as an extension of your personal affairs.

Sole Proprietor

This is the most simple of business structures. A sole proprietorship is an individual that is the business entity. This means there is no legal distinction between the individual and the company. Any profit or loss of the company is the tax responsibility of that individual, and they are responsible for all legal instances that arise as a result of their business.

A benefit to these types of business is they are very easy to start up. There are minimal regulations, and the owner has more of a say in how the company is run. However, it can be a financial burden for anyone attempting to run the company.

Most banks tend to shy away from loaning to sole proprietors, as they don't tend to be as successful as major corporations. Since the owner has the financial backing for the company they are legally responsible for all financial loans associated with the business.

Limited Liability Partnership (LLP)

Simply put this is a partnership where each of the partners has a limited responsibility in the company. Depending on what State you are opening one of these companies will determine the maximum number of partners you may have.

None of the partners in a LLP are responsible for the actions of the other partners, thus liability remains on a single partner for their business. However, as a whole they must elect one individual who maintains unlimited liability for the Corporation as a whole. At the same time, each of the partners runs the business together as a whole.

All profits in a LLP are divided among the partners evenly, and they are responsible for income tax depending on the amount of income.

As a result of Limited Liability Partnerships in the United States, the Uniform Partnership Act was created to help govern the LLP as it moved across States.

Nevada Corporation

Nevada is different from other States in several ways when it comes to a corporation. The legal system here offers you the ability to allow the board of directors to run your company while protecting you without piercing the corporate veil. There are numerous laws protecting businesses in Nevada that aren't seen in other States.

No matter where in the country you operate, if you are incorporated in Nevada you are protected by Nevada laws if anyone attempts to pursue legal action against your company. Nevada's law is very directly beneficial to the corporation, which has many safeguards in place to prevent costly unwarranted lawsuits to occur.

Outside of the $200 Business License Fee in Nevada you will not be charged franchise tax, corporate income tax or personal income tax by the State. This means outside of federal tax obligations you will have no additional tax liability.

However, crime especially theft is higher statistically in Nevada. As a result cases of employee theft and fraud are among the highest of anywhere else in the United States.

Delaware Corporation

Forming a Corporation in Delaware is a wise decision. As over 60% of the major Fortune 500 were incorporated here, you can imagine the stable economic situation available. This is a place to thrive and build your company.

With that in mind the legal system is also setup to understand the Corporation laws more than any other state. This will provide fair and quick trials if anything goes before a judge in regards to your corporation. In fact, Delaware has created a Delaware Court of Chancery to handle all of these issues. They handle all the proceedings that occur as a result of business practices.

Another benefit, Delaware has many of the major credit card banks that relax on the interest rates provided here for corporations. You will of course have to use banks that are created under Delaware Law and not Federal Law to receive these benefits.

You also receive the internal affairs doctrine protection. If your business is created in Delaware you are protected by the laws of Delaware even as you expand across the country. Thus making any company especially a credit repair company even more protected in this State.

Best of all there is no income tax in Delaware. While you still have Federal Taxes, Delaware does not tax on income. So you end up with more profit from your income.

On the flip side of all this, Delaware does tax heavily on bank items. Interest on bank accounts and banking items are taxed higher here than anywhere else in the country. Another negative item is you are taxed heavily on any unclaimed services or property in regard to your business. This includes unused gift cards and other items.

If your company becomes a franchise, you are taxed a heavy franchise tax. This is to discourage existing corporations from trying to pull into the economy to catch a break.

With the information provided, you should be able to make a reasonable and sound decision on the best area to start your new business. Backed with information, both in the realms of pros and cons, you should be able to decide which business is right for you to begin. An attorney that specializes in business law will also be able to offer you fine tuned details on what route would be best for you as well. As all factors of a business have different items to consider.

Illegal Calls And Voicemails To Cell Phone By Collectors

Alabama consumer attorney John Watts discusses whether it is legal for a debt collector to call your cell phone or to leave a voice mail message on your cell phone. Other than threats, lies, etc. which are always prohibited by the Fair Debt Collection Practices Act (FDCPA), there are two main violations which we see frequently when collectors call cell phones. First, the failure to leave the Mini - Miranda. This is the requirement to tell you the collector is a "debt collector" and that the call "is an attempt to collect a debt". This is a frequent violation. Second, the federal law Telephone Consumer Protection Act (TCPA) prohibits many of the auto dialer (computer calls - "robo" calls) that collectors like to use. Collectors can't use a predictive or auto dialer unless you have given permission to do so. You can visit our website which has an article specifically on calls to cell phones - www.alabamaconsumer.com You can also contact us through our website to get a free report on "How To Make Collectors Pay For Illegal Voicemails" or you can call us at 205-879-2447.

Cincinnati FDCPA Debt Collectors Lawyer Springboro Creditor Harassment Attorney Ohio

www.mjbankruptcy.com 513-752-6560 The Fair Debt Collection Practices Act (FCDPA) is a law that governs what debt collectors can and can't do. If you feel that you've been abused, harassed, or coerced by a collector call Minnillo & Jenkins

How Often Do Creditors Report to the Credit Bureaus?

Credit reports provide great details about a person including name, birth date, Social security number, home address, how payments are made, income, employment history, home ownership, previous address, court cases, judgments, and bankruptcy and foreclosure records.

Above all it gives details about a person's credit history. These include all the creditors with balances and accounts that are closed or in collections. It will also indicate if there are any late payments, and any other irregularity. In addition it will also list the requests for that credit report by creditors during the past year and requests for credit reports including those by employers for the past two years.

These reports are maintained by three nationwide credit bureaus which use slightly different sources to compile the information. Based on the information they have credit bureaus calculate a figure called the credit score. The three credit bureaus Equifax, Transunion, Experian use different formulas to arrive at their score. The credit score can be considered a mathematical way of determining the likelihood of the borrower paying back a loan.

This information can be accessed by creditors, insurers, employers, and others who have been legitimately allowed access subject to conditions through The Fair Credit Reporting Act (FCRA). It is clear that accurate information in the credit report is important to everyone concerned not only for the person about whom it is concerned but to anyone else who may want to rely on it for decision making. As such it is important to understand how the credit report is compiled and the accuracy of the information and sources on which that compilation is made.

It is important to know how and at what frequency credit information reaches the credit bureau. On examination of their procedure, it is clear that frequency of reporting varies depending on the creditor. While some creditors will report any changes in the customers' balances every day, others will report once a month or at longer periods. This is mainly due to efficacy reasons, since with most people there will not be much of a change in credit balances. Because of that creditors will only report if there are any changes in the credit balances. This therefore means that for some people their credit report will get updated about once a month while others may not see any change in their credit reports for 3 or 6 months. On the other hand creditors will report late payments and other negative activities quite promptly.

Remove and Store Your Evicted Tenant Belongings

You have won your case in court and have the eviction notice in your hand. Finally, you think, you have finished spending time, money, and emotions on the eviction process. At this point, you probably don't care what happens to the tenant's belongings. You just want it out of your place. Unfortunately, this is the beginning of the next phase of your eviction - removing the tenant's belongings from your property.

Before you start the eviction process, you should research and plan the process from the beginning to the end. Each phase of a residential eviction carries with it an action, a time period, obligations of law, and money. If you have won your case, the court will mail the eviction of judgment to you. By that time, you should already know the laws in your state regarding the removal and storage of an evicted tenant's belongings. This is your responsibility and obligation as the property owner.

This article contains some guidelines and actions a property owner with tenants should take as due diligence for his property. These guidelines should not over rule required legal action in your state regarding the removal of tenant belongings. Most states, such as Massachusetts, do not allow you to rent a U-Haul truck and remove your tenant's belongings on your own. This is the job of the constable or sheriff you must hire and pay to do the moving of furniture. Do not even change the locks to the apartment, until the constable has completed the eviction, and posted the legal notice on the apartment door.

There are states that require you to remove as well as store your tenant's belongings at the property owner's expense. Each state dictates how long the homeowner must pay for warehousing. The rate for storage of an evicted tenant's belongings should not be more than what that warehouse normally charges.

The tenant is usually notified in advance by the constable of the date and time the physical eviction will take place. Coordinate this information between you and the constable, so that the constable is given the keys to the unit for that day and time. Do not be in a hurry to 'convince' the tenant to leave on his or her own, by cutting off the utilities. This is illegal almost everywhere. Take the time to do it right the first time.

If you have reason to believe the tenant has moved out permanently on his or her own, you need to write a letter to that effect to the tenant's last known address, with a copy under their unit door. Give 48 hours notice for them to let you know whether or not they are still in the apartment, or you will enter and reclaim the unit by changing the locks. Be reasonable - if it appears that some items have been left for a last pickup (bed, cabinets, etc.), give it another day. It's cheaper than fighting about the value of what you threw out in small claims court. Take pictures before you throw items away, preferably before you bag it up.

The following suggestions just make good business practice. All it takes is one calamity with a tenant, and your eviction no longer has an ending; it will have a new legal beginning. Here are some reasonable guidelines for you and your constable:

1. Make sure your constable or sheriff is fully bonded and insured. Get it in writing.

If something bad happens to the tenant's belongings during the move-out or after warehoused, you want the constable's insurance company to be sued, not your home owners insurance.

2. Have a written contract with your constable that absolves you from liability once the constable or sheriff enters your house. The physical eviction move-out is the constable's responsibility. Give him the key to the building and apartment, or let him into the unit yourself, and let him do his job.

3. Have a plan for what will be done with items the constable will not take, such as food, plants, pets, illegal drugs, etc. Review your Emergency Contact Information Form for the name, address and telephone number of the tenant's next of kin if the totally unforeseen occurs, such as a child under the age of 18 years is left in the apartment on the day of the eviction.

4. The tenant should be informed in writing where their belongings have been taken and

stored. A copy of the eviction notice should be attached to the apartment door for the tenant

to know why the locks have been changed. The business name, address, and business

telephone of the constable or sheriff should be provided.

5. All the property is to be removed at the same time, on the same day.

6. The tenant has the right to be able to get to where their belongings are stored. The constable should be instructed to store the tenant's belongings within a reasonable distance of their former housing.

7. The warehouse must be public, fully bonded, licensed, and insured.

8. The tenant should be given the business name, address, and telephone number of the warehouse where their belongings have been stored.

9. The tenant should be informed in writing how long their belongings will be stored at the warehouse, and can be sold at auction after that date. The warehouse may keep any proceeds of the auction to cover any unpaid storage fees.

10. The tenant notice should include information that it is his or her obligation to tell the warehouse of their new address.

11. In most states that require warehousing, the constable must file a list of what was removed from the apartment to the housing court after the eviction. You and the tenant should also get a copy.