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A Debt Management Stakeholders’ Conference, organized by the World Bank and the Norwegian Ministry of Foreign Affairs, was held in Oslo on March 5-6, 2008. It was attended by over 100 delegates including country authorities, donors, and the main technical assistance service providers in low income countries (LICs). The Norwegian Minister of the Environment and International Development was the keynote speaker at the event.
The purpose of the conference was to bring together all relevant public and private sector stakeholders and: (i) present new tools to assist LICs in their efforts to develop their debt management capacity, including the joint Bank-Fund medium-term debt management strategy (MTDS) and the Bank’s debt management performance assessment (DeMPA); and (ii) more generally discuss the scaling up of technical assistance (TA) on debt management and the scope for improving coordination among the various providers. The rationale for the Joint World Bank/IMF initiatives can be examined by reading the Joint World Bank/IMF Board Paper on Strengthening Debt Management Practices and further details of the initiative can be found at the World Bank’s website on Capacity Building for Debt Management in Low-Income Countries. An upcoming posting is also planned to further explain the objectives of these initiatives in more detail:
At the conference, there was general agreement on the need for LICs to further develop debt management capacity and it was acknowledged that despite improvements in many countries several key challenges remain. In particular, many countries face a new environment characterized by greater access to new forms of market-based external financing. While this is welcome, it raises new risks to debt sustainability and requires a strengthening of debt management capacity. Both donors and LICs identified the key challenges as:
Developing medium-term debt strategies.
Addressing the fragmentation of institutional responsibilities and raising the importance of the debt management function.
Strengthening risk management.
Improving staff training and retention.
Developing domestic debt markets.
Views among participants diverged, however, about the extent of needs in some areas. Some TA providers argued that considerable progress had already been made and that future work should build on this rather than starting the process all over again. A couple of country authorities and bilateral donors indicated that there could also be some difficulty in convincing their decision makers of the importance of sound debt management and the need to prioritize resources towards capacity building in this area.
There was also agreement on a number of principles for future work, in particular the need for a demand-driven approach and for greater coordination in service delivery, although not necessarily on how to achieve it. Some LICs aired their frustration at the proliferation of initiatives, and donors stressed the need for activities in this area to be in line with the Paris Declaration on aid effectiveness.
The joint Fund-Bank MTDS TA initiative, which is currently being rolled-out was generally well-received. Participants agreed that this instrument would fill a gap and was a natural complement to the debt sustainability framework, which seems to have been mainstreamed. They welcomed the Fund and the Bank’s intention to involve other TA providers in the roll-out of the MTDS. Some commentators did voice concern however, that the DeMPA might overlap significantly with existing self-assessment tools. The DeMPA has been developed using a similar methodology to the existing Public Expenditure and Financial Accountability (PEFA) Framework Assessment.
The Bank stressed that it could contribute to coordination. In particular, through its proposed debt management facility for LICs (DeMFLIC) which could finance TA involving various providers. This proposal was well received by a number of donors, who may agree to finance it, but was also greeted with skepticism by some TA providers, who stressed the potential conflict of interest for the Bank (as a manager of the facility and provider of TA). A number of LICs and TA providers wondered if this facility would indeed raise additional financing or just divert existing funding. Other suggestions to facilitate coordination were made, such as institutionalizing stakeholders’ conferences or the sharing of activity plans by TA providers.
Participants—particularly donors—expect the Fund to play a prominent role in the area of debt management and debt sustainability in LICs. They supported the Fund’s representatives call for a comprehensive approach to debt issues, in which debt management should be closely articulated with fiscal, monetary, and exchange rate policies. They concurred that the Fund was uniquely placed to provide this perspective and help raise the profile of debt management with LIC decision makers.
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want you! Actually, I want you to help me, but I am willing to offer something in return. Since we all know that you don't get things for free, you help me and I will help you.
Here's what you'll get. You will get a free review of your auto insurance. This alone is a $400 value. Since I am a generous guy, I am going to give you more. I will enter your name into a drawing for a really cool $50 VISA gift card that you can use anywhere VISA is accepted. I have one of these to give away.
So now that you know the prize - here's what I am asking in return. For every person you get to sign up for my newsletter, you get one entry in the drawing. If you get 10 people to sign up, that is 10 entries. I am providing you with with this link for them to sign up:
Subscribe to the Law Offices of Jonathan G Stein mailing list.
After subscribing, make sure they email me at this new account with your name, your email address, their name and their email address so I can put you in the drawing. After all, if I do not know who referred them, then I cannot pick your name as my winner!
I want to be perfectly clear one on point: I am not looking for you to refer me new cases for this drawing. you refer me a new case, I appreciate it, but your name will not be entered into the drawing for that. The drawing will be held on June 13. I will announce the winners here and send you a private email. I want to have to increase my capacity for this service.
DISCLAIMER: One free entry per person by emailing me. (Its the law, you know!)
Posted at 11:06 AM in Current Affairs | Permalink | Comments (0) | TrackBack (0) ShareThis
June 29, 2008
Subprime Credit Cards Being Examined
The Sacramento Bee is reporting on the feds examination of the subprime credit card industry. These credit cards are issued to people who usually cannot get a credit card from one of the "regular" credit card companies similar to the subprime mortgage industry that gave loans to people who could not qualify for regular mortgages.
In this story, a woman who served our country received a credit card with a $350 credit limit. When she received it, $285 was used up in fees leaving her $65 in available credit. The bill is now over $1,200 with interest and is being handled by a collection agency, Midland Credit Management. She says it is keeping her from getting a mortgage.
A few thoughts on this topic. First, if you are getting credit card offers, please read them carefully. The fine print is small, which is why it is called fine print, but you MUST read it. Second, if you are on a limited income or think you are getting a subprime offer, DO NOT TAKE THE CREDIT CARD! There is nothing good that will come from a subprime credit card.
On the other hand, there needs to be regulation of this industry. We know how the subprime mortgage industry turned out, and the subprime credit card industry could be worse. The subprime mortgages were at least backed by security, ie people's homes. In the case of credit cards, there is no security attached to the credit and no basis to believe they will be paid back. Further, the people who are getting these offers are the people who are most vulnerable, similar to people who take out payday loans.
If you have one of these cards, cancel it now. Then pay it off ASAP. And cut it up. Then, do not take out any more subprime credit cards. Of course, if you have already been sent to a collection agency, contact an attorney to help you resolve this issue immediately.
Posted at 02:47 PM in Credit, Current Affairs, News | Permalink | Comments (0) | TrackBack (0) ShareThis
June 24, 2008
Credit Card Issuers Change Limits
The Wall Street Journal and Yahoo are reporting that credit card companies are cutting limits for some of their customers. Those hardest hit: construction and financial services workers. The credit card companies want to limit their exposure to these industries for a simple reason - they are concerned people will not be able to pay them back. Interestingly, this also applies to small business customers who have long histories with the companies, but are in the wrong lines of work.
How does this affect you? Read your credit card inserts. The credit card company may reduce your limit with proper notice. If they do, and you go over, you will be hit with an overlimit charge. That could send you down the spiral of never getting out of debt. Make sure you read your statement every month and check, not only your credit limit, but also your interest rate.
Posted at 07:41 AM in Credit, Current Affairs, News | Permalink | Comments (0) | TrackBack (0) ShareThis
June 20, 2008
Review your public records for FREE
ChoiceTrust allows you to review your public records for free once per year. ChoiceTrust is not a credit reporting agency and is not subject to the FCRA. However, once a year you can get employment records, real property records and your CLUE records. (CLUE is the system insurance companies use to report claims on homeowners insurance policies.)
You should add this to your list of items to review once per year. Pick one day every year and order your credit reports as well as your ChoiceTrust report. This will help you protect yourself.
Posted at 07:35 AM in Current Affairs | Permalink | Comments (0) | TrackBack (0) ShareThis
June 16, 2008
Something A Little Fun
Something a little fun for a mid June day with beautiful weather. I have started a new blog. This one, however, is not law related at all. This is my root beer blog. Give it a read and feel free to join the conversation about the soda that gets the least respect.
Oh, and if you are in the mood for legal writing, remember to check out my personal injury and insurance blog.
Posted at 09:15 PM in Current Affairs, Weblogs | Permalink | Comments (0) | TrackBack (0) ShareThis
June 10, 2008
Debt collectors clogging Chicago courts too
I have written in the past about debt collectors and their ever expanding role of using court resources. Just look at my past post on Unifund. Well, it is not unique to California.
Chicagoland courts are filled with 119,000 lawsuits from debt collectors according to the Chicago Tribune and the Consumerist. These include cases of paid off debts, mistaken identity and cases where consumers are trying to repay the debt.
Some of the reasons for this is the debtors lack of counsel, lack of understanding their rights and a lack of paperwork by the debt collector proving who the real party is. If you are contacted by a debt collector, immediately get a consultation from an attorney. If you can head this off before a lawsuit, everyone wins.
Posted at 08:03 AM in Current Affairs, Legal Process, News | Permalink | Comments (0) | TrackBack (0) ShareThis
June 09, 2008
Attention Oregon Residents: Great New Debt Resource
Joel Christiansen, an attorney in Oregon, has a new blog up to discuss the FDCPA and debt collection in Oregon. Joel has some great information up and you have to appreciate anyone who can reference Larry David in relation to debt collection!
Posted at 06:43 PM in Current Affairs, Weblogs | Permalink | Comments (0) | TrackBack (0) ShareThis
June 05, 2008
One Million Foreclosed Homes
News today from CNN that the number of foreclosed homes in the US has topped 1,000,000. Yes, that is over one million homes in foreclosure. This is approximately 2.5% of all mortgaged homes.
The bad news really hits home here. "California, Florida, Arizona, and Nevada have been hit by a hangover after a home building boom in the middle of the decade, which was fueled by rising home prices and investors snatching up real estate using risky mortgages. Those four states have nearly 400,000 homes in foreclosure, or a third of the nationwide total. Roughly 3.6% of all of the loans in these states are now in foreclosure."
If you start to get behind, or if you think you may get behind, call your mortgage company. If that does not work, talk to an attorney.
Posted at 08:50 PM in Current Affairs, News | Permalink | Comments (0) | TrackBack (0) ShareThis
May 27, 2008
Foreclosure scammers busted in San Diego
California Attorney General Jerry Brown and San Diego District Attorney Bonnie Dumanis announced the arrest of the owners of Federal Land Grant Co., a San Diego company that allegedly ripped off homeowners throughout California. According to accounts, the scam worked when the owners would go speak to groups of homeowners who were facing foreclosure. The sales pitch, translated into Spanish, told homeowners that, for $10,000, they could transfter their homes to the Federal Government and then avoid foreclosure. Needless to say, this does not work.
It is possible that homeowners throughout California are victims of this scam. The investigation continues while the Defendants are in jail.
If you are getting behind in your mortgage, or you think you may get behind, call your lender immediately. Lenders, for the most part, would rather work with you before you get behind. If that does not work, consult an attorney. Do NOT talk to anyone else until you know your legal rights. And definitely, do not sign any paperwork without talking to an attorney.
Posted at 05:10 AM in Current Affairs, Legal Process, News | Permalink | Comments (0) | TrackBack (0) ShareThis
May 26, 2008
Lending Tree Sued Over Data Breach
A Bronx, NY man has sued Lending Tree over a data breach. In the lawsuit, plaintiffs claim that the disclosure hurt their credit scores and exposed them to fraud. In a separate case, Lending Tree filed its own complaint against a former employee and an escrow company it says illegally accessed the information.
I am still researching some information on this case, but if you used Lending Tree in the last several years to get a loan, you should keep an eye on this. My guess is that the settlement will involve some type of fraud monitoring on your credit report. While you can always get that yourself, this settlement may give you some of that, when, and if, it comes.
Posted at 01:48 PM in Current Affairs, News | Permalink | Comments (0) | TrackBack (0) ShareThis
May 19, 2008
Debt Collection Attorney and Allstate Pay Up
I thought I would share a story with you about a case I handled. It is about a car accident, but involves debt collectors and their simple tactic of trying to bully people in to paying money that they do not owe.
I have a client who sold a car. (I am not naming her, but she has given me persmission to write about this.) A couple of days after the sale of the car, the new owner was in a car accident. He, of course, had no insurance and she had removed the car from her insurance, just as I recommend. Allstate insured the other party involved in the collision.
Allstate sent her a letter demanding payment after pulling up state DMV records. Because of the short time frame between the sale and the collision, DMV still showed her as the owner. She provided the insurance adjuster with a copy of the DMV Transfer of Title that showed she had sold the car. The adjuster did not care and sent her to collections. A collection agency then called her.
She provided the collection company with another copy of the DMV Transfer of Title. The debt collector did not care either. Allstate retained an attorney from Los Angeles and sued her. I then got involved and sent a letter to the attorney with ANOTHER copy of the Transfer of Title. He told me that it was not evidence that she did not own the car. Of course, by then, the owner as in prison. My client owned a house so Allstate tried to get a settlement out of her. The lawsuit was for about $3,500.
I filed an answer and a cross complaint against the original owner. I served discovery on Allstate's attorney. The responses were not sufficient so I had to file a motion to compel. My motion was granted with sanctions. Allstate dismissed the complaint, but ended up paying me $1,200 in sanctions.
I then helped the client file in small claims court against Allstate for malicious prosecution. Today was the hearing for my client. An Allstate adjuster showed up and offered $5,000 to my client. She accepted and dismissed her case.
So, in summary, Allstate tried to bully my client in to paying money she did not owe. Instead of collecting $3,500, they paid out $6,200. Amazing! This could have been all avoided if they would have just done the right thing and stopped pursuing her when they had proof she did not own the car.
Do not let the insurance company, or an attorney or a debt collector, bully you. If you do not owe the money, it is worth fighting it.
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