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Orderly Payment of Debts
This program is available in Alberta
and Saskatchewan.
There are income qualifications that
must be met before you are accepted into the program.
This program is not a government funded program.
It is run by Credit Counselling Services
of Alberta.
They are located at:
Suite 440, Sun Life Building
10123 - 99 Street
T5J 3H1
Phone (780) 423-5265
This program requires you to pay 100% of your unsecured debts together with
interest of 5% from the date of the order. These payments can be over an extended
period, not exceeding four years. If you also have debts for Student loans,
they are able to incorporate the Student loans if your cash flow will support
the repayment.
Basically in exchange for a debtor
agreeing to consent to a judgement in favor of the
creditors, the creditors agree to accept monthly payments
and limit interest to five percent. There is now a
small monthly administration fee payable by debtors
who choose to take advantage of this service.
Again your cash flow and your ability
to make the payments are important factors for you
to consider. If you get into an orderly payment of
debts payment scheme and then are unable to make your
payments, your creditors will be able to use the consent
judgement that you signed to garnishee your wages or
seize your non-exempt assets without further notice
or Court actions against you. You will not be able
to dispute the amount owed to the creditors.
We have seen several cases where
individuals have made payments under this program for
years and then have to seek bankruptcy protection because
they can no longer afford to make the payments under
the program.
Orderly Payments of Debts is the
only option that can be used to deal with Student Loans
that are less than 10 years old. All of the other options,
including bankruptcy cannot help you relieve the burden
of such loans.
Orderly Payment of Debts is preferable to other alternatives when there are
large amounts of student loans or the amount of unsecured debt is not significant.
Remember: all methods of dealing
with your creditors on a negotiated basis will affect
your credit rating significantly. If you have creditors
calling you about your debt, it is very likely that
your credit rating has already deteriorated.
If you decide to proceed with Orderly
Payment of Debts, it is quite likely that your credit
card suppliers will request that the cards be returned
or demand proof that they have been destroyed. If by
chance, you are left with credit cards, you should
put them aside and not use them until after you have
completed your payment program. Credit is not income
and should not be treated as such.
Debtors filing with Orderly Payment
of Debts should realize that their creditors pay Orderly
Payment of Debts for the collection of their debts.
It is interesting to consult the web site for Credit
Counselling Services of Alberta to determine just how
much this "not for profit" corporation gets
paid to collect your debts by your creditors.
On the audited statements for the year ending December 31, 2003, the company
administering the Orderly Payment of Debts Program received $1.8 million from
creditors on distributions of $9.2 million or almost 21 percent! The statements
show that this corporation has accumulated “earnings” of almost
$1.2 million.
Advantages and Disadvantages of Orderly Payment of Debts
Advantages:
- The interest rate of 5% may be less than the
interest that you are currently paying.
- Payments can be made over a period that can
be tailored to your own cash situation.
- It is a reasonable to deal with a small amount
of debt where creditors refuse to take payments
and are threatening to garnishee or already have
garnisheed.
- OPD may stop some creditors from taking further
action against you.
Disadvantages:
- Obligations for alimony, child maintenance or
payments to secured creditors are not altered.
- Real effort must be made to repay over 3-4 years.
- Even though the creditors will receive a greater
distribution form OPD than from a proposal or a
bankruptcy, some credit agencies consider OPD processing
no different from bankruptcy proceedings. There
is no different credit rating than for a proposal
under the Bankruptcy and Insolvency Act. The negative
report about filing a four- year OPD repayment
scheme will remain on your credit report longer
than a bankruptcy.
- Taxes or tax reassessments may make it impossible
for you to fund your proposal.
- Creditors still have the right to garnishee
wages or seize your assets if any payments are
missed without any further notice to you.
- It is considerably more expensive than bankruptcy
and usually more expensive than a proposal.
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