Consumer Proposal vs. Debt Settlement: What is the Difference?

Let’s face it—debt can be a real burden, and figuring out how to handle it can feel overwhelming. If you are looking into a consumer proposal vs. a debt settlement, you might wonder what sets them apart and which one is right for you. Both options are here to help you tackle your debt, but they do it in different ways.

When it comes to tackling debt, it is important to know your options. Let’s break down the differences between consumer proposals vs. debt settlements so you can make the right decision for you. But remember, we welcome you to speak to a debt expert to understand and explore the right options for your unique situation!

What Is a Consumer Proposal?

Consumer proposals are federally regulated, which means they give you legal protection from your creditors. It is a great debt-relief option that can reduce or eliminate your debt, often by up to 80%.

It can only be managed by a Licensed Insolvency Trustee (LIT), and they are there to help you every step of the way. They will handle everything from drafting the legally binding debt settlement proposal to negotiating with your creditors. Whatever concerns or questions you may have, they are there for you.

After a consumer proposal is accepted and your payments start, you can expect fixed, affordable monthly payments over a set period. This can be up to five years.

When speaking about consumer proposals and how they can affect your credit rating, you will see an initial hit — as you would with any debt settlement or debt relief plan. It will show up on your credit report for up to three years after completion, but the benefits outweigh this as there’s nothing better than finally feeling the weight of debt lifted off your shoulders!

Pros of a Consumer Proposal

Legal Protection

You will finally be able to breathe again. Once your proposal is approved, creditors must stop collection actions and creditor actions, such as lawsuits and wage garnishments. This means no more stress when you hear the phone ring or when you get the mail.

Reduced Debt Amount

You will only need to repay a portion of your debt —often much less than the full amount you originally owed. At Farber, we can reduce up to 80% and the rest of the debt is forgiven. Your interest charges will also be frozen.

Fixed Monthly Payments

It’s important that you can afford your payments to get rid of the debt once and for all. Your payments are structured into a manageable monthly amount, giving you predictability and control over your finances for a set period.

Avoid Bankruptcy

Consumer proposals are an alternative to bankruptcy, which we avoid recommending until all other options are considered. Bankruptcy can eliminate debt, but it also has significant impacts.

You Keep Your Assets

Unlike bankruptcy or consolidation loans, your secured assets are not impacted. This means you can keep most of your valuable assets, like your home and vehicle, even while you are repaying your debt.

Cons of a Consumer Proposal

Negative Credit Impact

Your credit score will take a significant hit, and the proposal will remain on your credit report for up to three years after you have completed the payments. However, as we mentioned before, the benefits outweigh the cons of this temporary hit. Our team will work with you to build a plan to build a better relationship with money in the long run.

The Duration

The repayment plan can last up to five years, which might feel like a long time to be under a payment plan, but we will work with you to ensure your payments are affordable and manageable.

What Is a Debt Settlement?

There are several different names for debt settlement, but they can all mean the same thing. Debt consolidation, debt negotiation, debt reduction, and the list go on. But what does it mean?

Debt settlements involve negotiating with your creditors to pay a lump sum or follow a short-term plan to settle your debt. Like consumer proposals, you will have to pay a portion of your debt while the rest is forgiven.

Debt settlement firms, as capable as they may be, are not licensed by the federal government to file proposals and bankruptcies as Trustees can; therefore, they are powerless to help you rid yourself of your debt problems.

Your Trustee will ensure you understand all the options available to you, and in fact, Trustees are required by law to do so. A debt settlement firm may be limited to one approach – and they will likely not have the educational or professional background to advise you of all the options available.

Pros of Debt Settlement

Potential for Significant Debt Reduction

Like with many debt-relief solutions, you may significantly reduce the total debt owed. This amount depends on the negotiation process between the debt settlement firm and your creditors (who you owe money to).

Flexible Payment Options

You can often settle with a lump sum or short-term payment plan. This is often discussed during the consultation process.

Avoid Bankruptcy

Debt settlement provides an alternative to declaring bankruptcy.

Cons of Debt Settlement

Credit Impact

Settlements negatively affect your credit and remain on your credit report for up to six years.

Risk of Creditor Lawsuits

Creditors may pursue legal action if negotiations fail as debt settlement firms have no power over your creditors.

Fees and Potential Scams

Debt settlement companies may charge substantial fees, and some may be fraudulent. When you’re under a lot of stress and pressure, it may be difficult trying to find a debt settlement firm that you can trust.

No Legal Protection

Unlike consumer proposals, debt settlements offer no legal protection from creditors. Since they’re not federally licensed, they have no legislative power over your creditors and this means collection calls and wage garnishments can continue.

No Long-Term Planning

Debt settlement firms focus on getting rid of your debt now, but they don’t think of your longer-term financial goals. Unlike Farber, they do not provide credit counselling or money management advice, which are important for ensuring you stay out of debt.

The Key Differences Between a Consumer Proposal vs. a Debt Settlement

Now you understand consumer proposal vs debt settlement, let’s look at the key differences to help you better understand which one might be a better choice.

A consumer proposal offers legal protection, is more structured, and involves fixed monthly payments managed by a Licensed Insolvency Trustee. It impacts your credit but allows you to keep your assets. On the other hand, debt settlements carry risks, a lack of legal protection, and may sometimes seem too good to be true.

The choices these days are seemingly endless but the best way to deal with your runaway debt load is to speak with a Licensed Insolvency Trustee to understand your options and get you the protection you deserve.

In addition to advising you and educating you as to your options, a Trustee can immediately stop your creditors from harassing you by using the full power of federal law to protect you. They can demand that your creditors cease all collection actions, garnishments, and harassment.

That debt settlement firm? They can make a few telephone calls but that is about it. They have no power over your creditors. That is because debt settlement firms are not federally licensed and have no legislative power over your creditors.

Here are a list of things to watch out for when considering a debt settlement firm:

• High-pressure sales and fees: They are usually for-profit businesses that make money from the fees they charge, which means they can be pressured to make sales through telemarketing calls, mail, or online advertising. It can be difficult to make clear decisions under their pressure.
• Unrealistic promises: Don’t fall for anything that seems too good to be true. Some debt settlement companies can make misleading statements, like stopping collection calls even if they don’t have the power to.

If you do contact or sign up with a debt settlement firm, you should do your research on the company’s reputation with Better Business Bureaus or your provincial or territorial consumer affairs office. They will be able to see if there have been any serious or unresolved complaints, including false advertising.

Explore Your Debt-Relief Solutions with a Debt Expert

Before jumping right into things, you should speak with a debt expert to understand the right path for your financial health. Our team is here to help you understand your options and figure out the best choice for your situation. They will work with you to evaluate your total debt, understand your financial goals, and find a solution catered to your unique needs.

Our team of Licensed Insolvency Trustees are authorized in Canada to help you tackle your debt and get the protection you deserve. Book a free consultation today and we will guide you through the process, helping you make a decision that feels right for you!