Frequently Asked Questions
Who is qualified for our program?
Debt Giant’s validation program is for anyone who has at least a minimum of $10,000 or more in private debt such as Private Student Loans, Credit Cards, Unsecured Loans, and even Medical bills. You MUST be able to afford a bare minimum of at least $250 per month towards your debt validation program to be able to cut the debt in half with no interest ever!
Who is not qualified for our program?
If you happen to live in either South Carolina, Mississippi, Minnesota, or Kansas, we are so sorry but we will not be able to help you from a legal standpoint for your state. . Also if you are currently in any Bankruptcy we can not help you. Any debt that you have already negotiated and signed a settlement agreement on we can’t help you with that debt either. Also we are unable to help with any type of secured loan, tax debt, utility bills, or payday loan debt.
When does Debt Giant begin working on my file?
At such time that Debt Giant has received the first payment, Debt Giant will commence the service.
Debt Giant will begin an audit of all your consumer credit accounts and seek to validate those accounts.
What correspondence from my creditors do I need to fax to Debt Giant?
All correspondence, other than statements you receive in the future, needs to be faxed in immediately to 888-405-6717. This includes notices from third-party agencies, settlement offers and information about charge-offs. If you have not already done so, please provide us with a copy of one statement for each account you have included in the program.
I think I might have trouble making my next payment to Debt Giant. Will you still be able to assist me if I miss a payment?
In order for you to successfully complete the program, our clients must be dedicated to the program’s financial commitments. If you are unable to make a service fee payment to Debt Giant, please contact us as soon as possible. We understand that problems can arise from time to time and are always willing to work with you. Any payment changes need to be communicated to us at least five (5) business days prior to the scheduled draft. This will help to ensure that we have time to coordinate an agreeable solution to your concern. If a client wants to stop a payment it will also require a minimum of five (5) business days.
I received a notice that my account is being handled by a Third-Party agency. Should I be worried?
Absolutely not! Creditors are required to charge-off underperforming accounts. The timeline for the charge-off is normally 90-180 days. Once the debt has been charged-off, the third-party agencies will buy, for pennies on the dollar, debt accounts in massive portfolios with a face value of millions of dollars. At this point they will attempt to collect from you 100% of what you owe when they only spent 3%-5% in buying what you owe.
While the letter or phone calls you may receive from such companies can often be confrontational and threatening, you should understand that such activity is “business-as-usual” in the world of debt collections. Written notices that you may receive from any collection agency or collection attorney should be faxed to us at 888-405-6717. The timely response to the letters from collection agencies and collection attorneys are the MOST important factor in the success of this program. Therefore, it is crucial that you fax us these correspondences upon receipt.
How should I respond to arbitration or possible litigation?
Although this is not typical during the program, accounts may be transferred to arbitration or litigation. There are several methods to respond to this kind of paperwork. If you receive this information immediately, contact Panamerican Consulting’s customer service department at 800-745-8360. You should also be prepared to fax that information to us immediately, FAX: 888-405-671
Will this program have a negative effect on my credit?
Yes. However, the negative effect is not from being enrolled in the validation program, but because you were unable to continue your monthly payments to the original creditor. The process used in the validation program is actually designed to minimize long-term derogatory effects to your credit profile. Most of the damage to your credit report and score comes from the continual negative reporting by collection agencies and collection attorneys. Our program stops these third-party creditors from being able to collect and report on your debts using the rules and regulations of the Fair Debt Collection Practices Act (FDCPA) and Fair Credit Reporting Act (F.C.R.A), thereby minimizing the overall negative effects on your credit profile.
Can I negotiate my debts on my own?
Yes, you can negotiate your debts on your own. However, you should note that the debt settlement process can be a long and complex process for the average consumer. Our validation program puts the burden of proof on the collection agencies before they are able to enforce the debt. There’s a very high likelihood that by just stopping payments and communications on your debts that the collection agencies will open litigation against you and file a lawsuit to collect on the debt. What we are doing is ensuring that they cannot enforce the debts by requesting verification on so many different aspects of your debt that they are unable to verify it’s a collectible loan by the time your statute of limitations runs out in your state.
My creditors keep calling. How long should I expect these calls to continue?
Have you noticed that it is the same one or two people calling on an account? This is more of a call center issue. Your creditors hire call centers and the people on the other line have no power over your account.
Every time you pick up the phone, they know it is a number where they can get a hold of you and they will mark that number as responsive and they will continue to call. The best way to stop the calls is to not pick up the phone if you do not recognize the number. Once your account moves to a third party agency or a different department, they will send you notice and you should fax that to us immediately.
Although your original creditor has the right to call you, they do not have the right to harass you. Our customer service department has more information regarding the steps you can take in dealing with the calls if they are becoming stressful.
Will creditors call me at work?
Once you have informed the creditor that they are not allowed to call you at work they should not continue to do so. In fact, jeopardizing your employment with harassing calls is against the law.
Some creditors actually try to “trick” clients into calling them by mailing a settlement offer.
When the client calls the creditor to take the deal, they are informed that the offer is no longer valid. Intense collection pressure is applied to force a payment from the client, which might jeopardize the entire validation process. Second, the offer extended by the creditor may not be the best available option. Third, if you attempt to work a settlement with a creditor, you will lose the protection from the Fair Debt Collections Practices Act, under which collection agencies and collection attorneys must validate debts before pursuing collection activities.
I received a notice from a law firm. Am I being sued?
Many of the major creditors hire law firms that are collection agencies to handle the accounts. The paperwork probably says something to the effect of “This is an attempt to collect a debt” and “you have 30 days to dispute the validity of this debt.” This is very typical, but you should fax that as soon as possible. This is a good thing, once a notice is sent to the agency they will not be allowed to call you anymore.
I received a notice from the IRS regarding one of my accounts
Financial institutions are generally required to provide a Form 1099-C in the event that a forgiven debt amount exceeds $600. Please note that just because you receive a Form 1099-C showing income in the form of a cancelled debt, this does not necessarily mean that you owe taxes on the forgiven portion of the debt. In fact, most Debt Giant clients can legally and ethically exclude forgiveness debts from income through the “insolvency exclusion” provided by the IRS code. Briefly, this exclusion means that your liabilities exceed the fair market value of your assets, or in other words, you ‘owe’ more than you ‘own’. Please refer to IRS publication 982 for more detailed information. We also strongly recommend that you consult your tax advisor regarding your particular circumstances. Should you or your tax advisor have questions regarding your account, please feel free to call the Customer Service Department for further information. Debt Giant does not provide tax advice.
Can I still use my credit cards that are enrolled in the program?
No. All credit cards in the program will not be active and you will not have credit privileges. Any cards you DO NOT put into the program can be used. This program is intended for you to resolve your debt.
Fair Debt Collection Practices Act
he FDCPA is a law designed to protect consumers. It clearly spells out the rights you have. It prohibits debt collectors from using dishonorable methods of collecting money owed. If you communicate to a debt collector in writing that you wish to cease and desist from further collection tactics, they are required, by law, to honor that request. Collectors are required by law to stop any communication with you. You also have the right to dispute a debt. A request for debt verification must be answered by the debt collector.
The following actions are illegal practices for attempting to collect a debt:
§ A debt collector calls you at work and the call interferes with your job or is forbidden by the employer.
§ A debt collector calls before 8am or after 9pm in your time zone.
§ A debt collector makes an excessive number of harassing calls.
§ A debt collector claims to be an attorney or sends letters that look like they are from a law office. (Unless that debt collector is actually an attorney.)
§ A debt collector continues to contact you even after they have been made aware that you are represented by an attorney whose contact information has been made known to them.
§ A debt collector tells someone other than you, your spouse, or your attorney that you owe money.
§ A debt collector misrepresents the amount of money owed or the legal status of a debt.
§ A debt collector fails to honor your cease communication rights.
§ A debt collector gives false information regarding your credit.
§ A debt collector threatens to garnish your wages or take your personal property.
§ A debt collector uses obscene language.
§ A debt collector threatens you or your family.
§ A debt collector does not give 3-10 days notice before cashing a check post-dated by five or more days.
§ A debt collector threatens you with criminal prosecution or tries to imply that you are committing a crime.
How to Handle Communication with Debt Collectors?
§ Communication with debt collectors should always be done in writing and that’s why you hired us. Use your best efforts to keep your communication with the debt collectors to a minimum. Collectors prefer verbal communication because it works to their advantage. However, communication in writing works to your advantage, which is why all our communication with debt collectors on your behalf is done in writing, via Certified Mail.
§ Written communication works to your advantage because you have a record of everything that company says to you. The collector is also less likely to use deceptive tactics if they are forced to put their words in writing.
§ If a debt collector calls you, simply ask them to send whatever they have to say to you, in writing. There is no law requiring you to communicate with a debt collector on the telephone.
§ You can keep a log of every date and time the debt collector calls you. Excessive harassment is a violation of the Fair Debt Collection Practices Act. Keep in mind that this is optional and that we don’t need you to do this for you to succeed in this program.
§ If you receive mail regarding a debt that requests you to call in to their office immediately, DO NOT DO IT. You are only required to communicate with debt in writing, which we will do on your behalf.
§ You are not required to give your telephone number to a debt collector.
Please get in touch with our expert support team will answer all your questions.