CP WK009 - DMPA



MONTANA DEBT MANAGEMENT PROGRAM AGREEMENTThis Agreement, entered on TIME \@ "MMMM d, yyyy" July 7, 2022, by and between AMERICAN CONSUMER CREDIT COUNSELING, INC. ("ACCC") a Massachusetts non-profit corporation and {USR_DMPANAMEADDRESSLINE}, hereinafter referred to as CLIENT, agree as follows:COST OF PROGRAMEnrollment Fee: CLIENT acknowledges that ACCC absorbs most of the expense in enrolling CLIENT into its Debt Management Program (“DMP”) and charges the CLIENT only a modest enrollment fee. {CUSTOM_INITIALCONTRIBUTION}Monthly Maintenance Fee: The budget will include a {USR_DMPAMAINTENANCEMINMAX}. Based on this information, your current maintenance fee is {MONTHLYCONTRIBUTION} per month.Payment Schedule:Number of PaymentsProposed Monthly Payment (including maintenance fee)Payment DueEstimated TotalPayments Paid in Program{ESTIMATEDNUMBEROFMONTHS}{DMPMONTHLYPAYMENTAMOUNT}{PAYMENTDUEDAY} of each month{ESTIMATEDTOTALCLIENTPROGRAMPAYMENTS}Estimated Completion Date of Debt Management Program: {USR_ESTIMATEDCOMPLETIONDATE}.Creditors Participating in the Program:Name of CreditorEstimated Total Balance**Amount of EachProposed Payment{repeat:select * from dbo.USR_DMPContractAccountList({DebtorID},'{DebtorType}',1)}{row:creditorname}{row:balance:c}{row:defmonthlypayment:c}{endrepeat}**These figures are based upon the CLIENT’s representation of total enrolled indebtedness and are subject to change based upon actual amounts verified by creditors, which may result in an increase in the required proposed payment.ACCC RESPONSIBILITIESACCC will provide ongoing financial education, budget and credit management counseling as appropriate, regardless of CLIENT’S participation in the DMP.ACCC will act as an intermediary between CLIENT and CLIENT’S creditors for the expressed purpose of arranging a voluntary change in monthly payment amounts and/or interest rates. ACCC will advocate the interests of the CLIENT and will not promote the interests of any third party that is in conflict with this obligation.ACCC will prepare a household budget and DMP for CLIENT based on information provided by CLIENT and concessions offered by CLIENT’S creditors.ACCC will collect one payment from CLIENT, in the agreed upon manner, schedule necessary monthly disbursements to CLIENT’S creditors, and shall maintain accurate accounting records of such funds.ACCC shall disburse payments to CLIENT’S creditors as scheduled in CLIENT’S Debt Management Program.CLIENT RESPONSIBILITIES AND RIGHTSUnless completed by electronic signature through the ACCC DocuSign email, CLIENT shall sign and return immediately to ACCC the following documents: (a) this DEBT MANAGEMENT PROGRAM AGREEMENT; (b) a LIMITED POWER OF ATTORNEY to permit ACCC to act on CLIENT’s behalf; (c) ACH AUTHORIZATION, if applicable; and d) any additional authorization forms pertinent to your creditors in the program, if applicable.CLIENT shall send a copy of current statements from all creditors on the Debt Management Program to ACCC so that creditor enrollment details can be verified.CLIENT shall provide complete and truthful information necessary to complete all forms required to initiate CLIENT’S participation in the DMP.CLIENT shall remit, in the agreed upon manner and schedule, the funds necessary for monthly disbursements to CLIENT’S creditors. A $10.00 fee per transaction will be due from CLIENT for all payments returned for insufficient funds.CLIENT MUST CONTINUE TO MONITOR STATEMENTS TO ENSURE ACCURACY. If CLIENT is NOT receiving monthly statements from creditors, it is the CLIENT’S RESPONSIBILITY to CONTACT CREDITORS and ensure that monthly statements are received continually. This ensures accurate record keeping on behalf of the CLIENT.QUESTIONS or COMPLAINTS: Please contact ACCC at (800) 769-3571 to speak with a representative to resolve your issue. If you are not satisfied, you may escalate the call to the department manager for resolution. To file a complaint, you may write to ACCC directly, ATTN: Complaints. All written complaints will be reviewed and responded to by the Quality Assurance Manager. If CLIENT discovers a discrepancy or error on a creditor’s statement, CLIENT must write to AMERICAN CONSUMER CREDIT COUNSELING, INC., ATTN. CLIENT SERVICES, 130 RUMFORD AVE., AUBURNDALE, MA 02466. CLIENT MUST NOTIFY ACCC NO LATER THAN 60 DAYS FROM THE DATE OF THE FIRST STATEMENT ON WHICH THE ERROR OR PROBLEM OCCURRED TO PRESERVE CLIENT'S RIGHTS. CLIENT may call ACCC but doing so will not preserve CLIENT’S rights. In the letter, CLIENT must supply their name, client ID number, creditor name, account number, and why CLIENT believes there is an error. While ACCC investigates the account(s) in question, CLIENT is still obligated to make monthly payments to be disbursed to their creditors.CLIENT has the right to voluntarily withdraw from and terminate ACCC’s DMP for any reason, at any time, without any further financial expense and without penalty. Client is entitled to a refund of all unexpended funds paid to ACCC as of the date of termination. If CLIENT misses two consecutive payments, ACCC reserves the right to terminate the CLIENT from the DMP automatically without any further expense or penalty.CLIENT shall pay, on demand, all costs of collection, legal expense, and attorney fees incurred or paid by ACCC in collecting delinquent payments and fees pertaining to CLIENT’S payments to ACCC.MISCELLANEOUS PROVISIONSACCC is a Massachusetts non-profit organization. It is therefore agreed by CLIENT and ACCC should any dispute arise between the parties, the terms of this Agreement shall be governed by the laws, rules and decisions of the Commonwealth of Massachusetts without regard to conflict of laws principals. CLIENT understands that ACCC is independent from CLIENT's creditors and is therefore unable to guarantee whether a proposed payment on behalf of CLIENT will be accepted by a particular creditor. CLIENT further understands that CLIENT's creditors may require an increase in the proposed payments before accepting the proposal. Accordingly, while ACCC can provide estimates as to CLIENT’s period of time in the DMP and proposed savings, such estimates are not guaranteed and CLIENT acknowledges and agrees not to hold ACCC liable for any discrepancy between any estimates and CLIENT's actual payments and/or savings.CLIENT acknowledges and agrees that in order to obtain the most accurate creditor balances and increase Debt Management Program proposal acceptance, CLIENT authorizes ACCC to submit balance verifications with participating creditors, prior to Debt Management proposal submission.In order to facilitate the creditors' acceptance of a proposed payment, CLIENT hereby authorizes ACCC to automatically increase CLIENT's payment to a creditor for any increase that is $10.00 or less. For any proposed increase that is greater than $10.00, ACCC will notify CLIENT and wait for approval from CLIENT prior to increasing any payment. CLIENT acknowledges and agrees that in the event that CLIENT incurs any fees or charges for insufficient funds or cancelled or revoked ACH transactions, CLIENT remains fully responsible for reimbursing ACCC for all Negative Trust Charges. If CLIENT fails to reimburse ACCC after notice of such Negative Trust Charges, ACCC reserves the right to suspend payments to CLIENT's creditors and apply any and all funds provided by CLIENT as is necessary to reimburse ACCC for the Negative Trust Charges incurred by CLIENT with any funds remaining being paid to CLIENT's creditors. ACCC complies with State and Federal regulations regarding the privacy of CLIENT’s information. Please see Privacy Policy enclosed in the Welcome Package for full disclosure. The Privacy Policy will be sent to CLIENT annually. The paragraphs of this Agreement are severable, and in the event any paragraph or portion of the Agreement is declared illegal or unenforceable, the remainder of the Agreement shall be binding on ACCC and CLIENT.Failure to comply with the terms of the Agreement shall constitute a breach of contract and will permit ACCC to terminate CLIENT from the Debt Management Program upon notice to CLIENT. CLIENT’S creditors may resume whatever collection activity they deem appropriate.Your signature below also indicates that you fully understand and agree with the following items:I received a copy of the budget completed during the counseling session and acknowledge that it accurately represents my current financial situation.I received a copy of the DMP Summary and Disclosure Form and acknowledge my understanding of the information provided.I understand it is my responsibility to review the Program Guide that will be included in my Welcome Package.I understand that proposals will go out on the same date that my first payment is due and that creditors will close all enrolled accounts and will not reopen accounts if the program is subsequently terminated.I understand that a missed payment to ACCC could have an adverse effect on the benefits I receive from the Debt Management Program and my credit rating.I understand that ACCC cannot have negative information removed from my credit report.I understand it is my responsibility to monitor my creditor statements monthly and to notify ACCC of any errors immediately; I acknowledge that ACCC does not receive creditor statements.I understand that ACCC will automatically increase my monthly payment due for creditor demands of $10.00 or less per creditor account; ACCC will obtain my approval prior to making the change for any creditor demands greater than $10.00 per creditor account.I acknowledge that ACCC is not a credit repair company and has not represented that it will advise or assist me in the modification, improvement or correction of credit entries on my credit reports. No one can legally remove accurate and timely negative information from a credit report. The law allows me to ask for an investigation of information in my file that I can dispute as inaccurate or incomplete. For more information about Consumer Credit File Rights under State and Federal Law, visit the Federal Trade Commission’s website at . Please Sign Below and Return ALL Pages:Client Signature: [ClientSignHereMT] Date: [ClientDateMT]Client Name:{CLIENTFULLNAME}Co-client Signature: (if applicable):[CoClientSignHereMT]Date: [CoClientDateMT]Co-Client Name:{SPOUSEFULLNAME}ACCC:American Consumer Credit Counseling, Inc. Date: TIME \@ "MMMM d, yyyy" July 7, 2022 ................
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