What Universal Default means to you as a credit consumer
Catch The Message: Episode #2 - Segment #1
Universal default is the term for a practice used in the financial industry when a bank or lending institution changes the terms of an existing loan from the standard terms to a set of terms or rates given to consumers who have missed payments on a loan or in some other way failed to follow the agreements for repayment.
The problem with this practice is not that it exists, the issue comes from lenders and credit card companies using it when they find out that you have defaulted with another lender, even though your payment record with them is spotless.
In the mid-1990s there was increasing deregulation of the credit card the industry and lenders didn’t hesitate to insert universal default language into the already hard to read and understand fine print of credit card agreements for new and existing credit consumers.
10 years later more than half of the banks that issue credit cards had universal default language as part of their terms and agreements, however most didn’t enforce it regularly or systematically.
But starting in 2003, Congress has considered several bills to curb abusive credit card practices, including universal default provisions, in fact the Office of the Comptroller of Currency issued a stern advisory letter to the credit card industry regarding several of the most egregious practices its involved in.
Not surprising, the credit card companies have not responded to the letter because it would mean a loss of billions of dollars in free money at the expense of the end user.
But, recently Democratic Senator Carl Levin called five of the major credit card issuers to the mat on the universal default practice and in no uncertain terms posed an ultimatum - you change your behavior on your own or we will force you to.
Citigroup, America’s second-largest banking group by market worth - took the challenge seriously and became the first bank to voluntarily eliminate its universal default provision which went into effect immediately.
continued...
JPMorgan Chase followed suit however they estimated that it would take at least 6 months to properly configure their computer systems which up to now have automatically implemented the practice.
Bank of America, Discover Card and Capital One took a very different posture. Instead of acknowledging the practice which has caused hundreds of thousands of credit consumers to see high spikes in there minimum payments and deep dips in their credit scores because of this largely misunderstood practice - they instead attempted to defend the practice with flimsy explanations like,
“These policies are necessary so we as card issuers can adjust prices to offset the risk of card holders that might default on their debt”
This is hardly a sound argument especially coupled with the statement issued by the American Bankers Association that said since the credit card industry has become more competitive, many banks no longer charge annual fees on their cards.
If you’re scratching your head and wondering how that statement even remotely addressed the practice of universal default you’re not alone.
There are a lot of smoke and mirrors surrounding this practice because of the enormous amount of money that companies and those who support this practice stand to gain if they continue using it and lose if they are forced to stop.
A few weeks ago I had the opportunity to appear on The Morning Show with Mike &Juliet that airs on FOX nationwide - and speak out against this practice. You can watch a replay at http://www.Sanyika.tv
The bottom line is, if the idea of paying these legal loan sharking fees makes you mad, then you’ve got to put the pressure on your local and state officials to continuing pressing forward with legislation.
Your voice matters so much so that Senator and Presidential hopeful Barak Obama, is proposing a Bill of Rights that in his words would,
“Crack down on predatory credit card companies using deceptive practices to make big profits while driving families deeper into debt.”
The bill, which he pledged to implement if he becomes president, would prohibit banks from hiking interest rates without giving consumers the option to opt out of an existing contract.
Again the American Bankers Association chimed in, this time with a warning to Congress that new legislation could have -quote- “unintended negative consequences,” - end quote- and said it was a myth that Americans were drowning in credit card debts.
I have no idea where they get their information from, because according to Federal Reserve. US credit card debt soared to eight-hundred and seventy-seven billion dollars in 2006, that’s an increase of over one-hundred billion dollars from the 2003 consumer debt report.
What all of this means to you is an even deeper need to give yourself regular financial check-ups which include:
UNDERSTANDING HOW A CREDIT SCORE CALCULATED
The break down to make up one hundred percent of your credit score is:
Your payment history accounts for approximately 35%
Current debt level equals 30%
How long you’ve had any type of credit accounts for 15%
How often you apply for credit accounts for 10% of your credit score, and
the type of “credit mix,” you have , such as credit cards which are considered unsecured loans versus a mortgage which is considered a secured loan, makes up the remaining 10% of your credit score
Understanding this information will help you know how your credit habits could be negatively impacting your relationship with creditors overall
BEING AWARE OF WHAT YOU SHOULD DO WHEN YOU GET YOUR CREDIT CARD STATEMENT IN THE MAIL
I’ll be the first to admit that the amount of junk mail the average person gets is enough to wallpaper an entire house, but no matter how frustrated you are with that reality, it is necessary to thoroughly examine your credit card statement and fight the urge to throw it in the junk mail pile.
You have to open it and look for 3 things:
1. What is the current interest rate you’re being charged and is it the same as when you were first issued the card
2. Check to see if your last payment was properly applied - how much went to the principle when vs. fees
3. Pay attention to the due date because it could change and the statement will serve as your official due date for
TRIMMING THE CREDIT CARD FAT
Ideally, you don’t really need more than two credit cards and you most certainly don’t need all of the quote - “insurances - end quote that charge you a monthly fee in exchange for bill pay assistance and other services.
As a credit card consumer you have the ability and the right to be the David that brings this Goliath practice to its demise, but you must let your government representative know that you’re tired of being bullied and force them to go to bat for you and reverse this trend.
Discuss Catch The Message: Episode #2 - Segment #1
On December 28, 2007
Jacki said: |
I tuned into your TV segment on “My ex ruined my credit”. It was informative and I agree, women must be smart.
But what really interested me was this topic: Universal Default. My credit card company sent me a postcard that they were raising my interest rate from 14% APR and it would be variable and you won’t believe that they told me it can vary up to 100% APR. One month, it was 99.99% .
This is ridiculous…I did feel like I was dealing with a loan shark.
I was never late or over-the-limit and my other cards are in good shape too…
Is this legal?
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On December 31, 2007
Sanyika, The Financial Fitness Coach said: |
Jacki,
Unfortunately universal default is legal and within the credit card companies rights - although it is clearly not good practice or judgment on their behalf.
The average default rate is 24.99% which is pure usury as well, and can go up to as much as 39.99%.
However 99.99% is outright loan sharking!
You can and need to take action in the following ways:
1. Call the credit card company (speak only to a Supervisor or someone in a position to make a decision and take
action on it) and let them know that if they value you as a customer you are requesting that they honor their
original interest rate agreement and reduce your rate immediately.
2. Be prepared to close the card. Even if you think you “can’t afford” to be without this credit card, you actually
can’t afford to pay for a card with such unpredictable rates.
Look for a zero interest balance transfer card (check out this great resource to find one http://www.choosecreditwisely.com) or choose to go with a secured card (you can also find deals at the site I listed) which will allow you to have access to credit without the headache of yo-yo interest rates.
3. More than 67% of all credit reports have an error or some misinformation that could trigger an alarm for universal default. Know what your credit report says about you by getting your no-strings attached report at:
http://www.annualcreditreport.com and commit to disputing any information that doesn’t belong there.
4. Systematically eliminate your debt by the highest interest rates. The best way to do this is to first know the rates you’re currently being charged and then ask for a rate reduction from your credit card company.
You will never know if it’s possible unless you ask. Here’s a quick “script\” to help make the request easier:
“I just received an offer from another credit card company with a lower interest rate than I’m currently paying, I would like to keep my account with you however I will only be able to do that if you agree to lowering my interest rate.”
Then be silent and allow the representative to figure out how they are going to handle the situation.
I have had a success rate of 1 out of 5 requests in lowering my credit card interest. You may not get a yes on the first time, and you’ll have to be pleasantly persistent but it’s possible to get the result you want and it’s worth the time.
Next you want to apply an additional $25 to $30 more than the minimum payment required on the card that charges you
the most interest, this will ensure that you’re not only paying the interest but that the balance is going down as well and that will allow you to stay ahead of your credit card bills.
5. Put your tax dollars to work for you. Contact your state’s Attorney General’s office and let them know about the credit card company that charged you 99.99% interest rate. Most of the lawsuits that have been filed against credit card companies have come from attorney generals, in fact the group of individuals that recently went before Congress to urge for legislation to be put in place to end the practice of universal default started at the attorney general level.
You can find your state Attorney General’s office online at: http://www.naag.org
Don’t stop there, your elected representatives need to be notified as well. Senator Carl Levin of Michigan (Democrat) has played a key role in challenging the credit card companies to self-regulate or be regulated.
You can get contact details for your state’s representative’s at: http://www.house.gov and http://www.senate.gov
Follow these steps to fight back and win!
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On January 08, 2008
Jacki said: |
Hi Sanyika,
I just want to thank you for your reply to my post about Universal Default. I am definitely going to follow your suggestions.
I knew it seemed wrong, but had no idea what this practice was called or what to do about it besides cancelling the card. I appreciate and am grateful for your help.
Thanks again,
Jacki
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