CP WK009DE - Delaware DMPA



DELAWARE 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 AND PROGRAM DETAILSEnrollment Fee (Set-up 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}Maintenance Fee: The budget will include a {USR_DMPAMAINTENANCEMINMAX}. Based on this information, CLIENT’s current maintenance fee is {MONTHLYCONTRIBUTION} per month.State Disclosure: Per the State of Delaware, a summary of the CLIENT fees in the required language is as follows:Set up fee: {INITIALCONTRIBUTION}Monthly service fee: {MONTHLYCONTRIBUTION}Payment Schedule: For the term of the Agreement, the proposed monthly payment amount is due each month according to the schedule below. This payment includes the amount to be disbursed to each creditor and the monthly maintenance fee. The “Estimated Date of Final Payment” is an estimate. Any unpaid balances reflected on the CLIENT’s individual creditor statements remain the responsibility of the CLIENT. Payoff time will vary based on CLIENT’s payment history, creditor concessions granted, and the accurateness of information provided by CLIENT at the time of enrollment.Amount of Each Payment:Payment Due Date Each Month: First PaymentDue Date:Estimated Date of Final Payment:{DMPMONTHLYPAYMENTAMOUNT}{PAYMENTDUEDAY}{USR_ClientStartDateFormatted}{USR_ESTIMATEDCOMPLETIONDATE}Creditors Participating in the Program: The following creditors are expected to participate in the program. For details on specific concessions, please see the provided “DMP Summary and Disclosure Form.” Any unpaid balances on the CLIENT’s creditor accounts remain the CLIENT’s responsibility. Payoff time will vary based on CLIENT’s payment history, creditor concessions granted, and the accurateness of information provided by CLIENT at the time of enrollment.CreditorEstimated Total BalanceAmount of Each PaymentPayment to Creditors{repeat:select * from dbo.USR_DMPContractAccountList({DebtorID},'{DebtorType}',1)}{row:creditorname}{row:balance:c}{row:defmonthlypayment:c}5 business days after Payment Due Date{endrepeat}Payment Increases: 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. Payment Reallocation: As each account in the program is paid in full, the individual creditor payment is automatically reallocated to another existing account in the program until all accounts are paid in full. Unless otherwise directed by the CLIENT, ACCC will reallocate the funds to an account that most benefits the CLIENT.Breakdown of all Creditors Discussed During the Counseling Session:Creditors Participating in the Program and are Expected to Grant Concessions{repeat: exec CUSTOM_ACCC_DebtorAccountListByType {DebtorID}, '{DebtorType}',1}{row:Name}{endrepeat}Creditors Participating in the Program and are Not Expected to Grant Concessions{repeat: exec CUSTOM_ACCC_DebtorAccountListByType {DebtorID}, '{DebtorType}',2}{row:Name}{endrepeat}Unsecured Creditors Not Participating in the Program{repeat: exec CUSTOM_ACCC_DebtorAccountListByType {DebtorID}, '{DebtorType}',3}{row:Name}{endrepeat}Other Debt Not Included in the Program{repeat: exec CUSTOM_ACCC_DebtorAccountListByType {DebtorID}, '{DebtorType}',4}{row:Name}{endrepeat}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 express purpose of arranging a voluntary change in monthly payment amounts and/or interest rates.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. The records of such funds are available to the CLIENT online.ACCC shall disburse payments to CLIENT’s creditors as scheduled in CLIENT’s Debt Management Program.ACCC will provide a statement of accounts in the Debt Management Program at least once each month while in the program, upon cancellation or termination of the Debt Management Program, and/or within five (5) business days upon request by CLIENT. 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. NOTICE TO ALL DELAWARE RESIDENTS: THE DELAWARE OFFICE OF THE ATTORNEY GENERAL WILL ACCEPT QUESTIONS AND COMPLAINTS FROM DELAWARE RESIDENTS REGARDING AMERICAN CONSUMER CREDIT COUNSELING, INC. VIA U.S. MAIL: CONSUMER PROTECTION UNIT, 820 N. FRENCH STREET, 5TH FLOOR, WILMINGTON, DE 19801 OR BY CALLING TOLL FREE, (800) 220-5424 OR VIA THE WEB AT: . DO NOT SIGN THIS AGREEMENT BEFORE YOU READ IT. YOU MUST BE GIVEN A COPY OF THE AGREEMENT. . 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. If CLIENT misses two consecutive payments, ACCC reserves the right to terminate the CLIENT from the DMP automatically, without any further expense. ACCC will refund all unexpended money that we may have received from or on behalf of the CLIENT, upon termination. Unexpended money is defined as any money that ACCC may have in trust that was not disbursed to creditors on behalf of the CLIENT.All powers of attorney granted by the CLIENT to ACCC will also be ineffective and revoked upon termination.CLIENT authorizes any bank, in which the provider or its agent has established a trust account, to disclose to the Attorney General, if required, any financial records relating to the trust account.MISCELLANEOUS PROVISIONSACCC is a Massachusetts non-profit organization. CLIENT and ACCC agree should any dispute arise between the parties, the terms of this Agreement shall be governed by the laws, rules, and decisions of the State of Delaware 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. CLIENT acknowledges that any debt between the CLIENT and the creditor remains the CLIENT’s responsibility at all times.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 per creditor, 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 a negative trust balance due to insufficient funds fees or cancelled or revoked ACH transactions, CLIENT remains fully responsible for reimbursing ACCC to clear the negative trust balance. If CLIENT fails to reimburse ACCC after notice of such negative trust balance, 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 balance incurred by CLIENT, with any funds remaining being paid to CLIENT's creditors. If, for whatever reason, a creditor rejects a proposal on the CLIENT’s behalf, in its entirety, or terminates their participation, ACCC will notify the CLIENT within 5 business days with the identity of the creditor and the reason for the rejection or termination. ACCC will modify the agreement based on the CLIENT’s instructions or allow the CLIENT to terminate, if so desired.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, except as provided in the Delaware Uniform Debt-Management Services Act, 6 Del.C.§ 2401A, et seq., 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 electronically drafted or received otherwise 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: [ClientSignHereDE] Date: [ClientDateDE]Client Name:{CLIENTFULLNAME}Co-client Signature: (if applicable):[CoClientSignHereDE]Date: [CoClientDateDE]Co-Client Name:{SPOUSEFULLNAME}ACCC:American Consumer Credit Counseling, Inc. Date: TIME \@ "MMMM d, yyyy" July 7, 2022NOTICE OF RIGHT TO CANCELYou may cancel this agreement with American Consumer Credit Counseling, Inc., without any penalty or obligation, at any time before midnight of the third business day that begins the day after you agree to it by electronic communication or by signing it.To cancel this agreement during this period, send an email to: clientservices@ or mail or deliver a signed, dated copy of this notice, or any other written notice to American Consumer Credit Counseling, Inc. at 130 Rumford Avenue, Suite 202, Auburndale, MA 02466 before midnight on {USR_3daysfromtodaylong}.If you cancel this agreement within the 3-day period, we will refund all money you already have paid us.You also may terminate this agreement at any later time, but we are not required to refund fees you have paid us.I/we cancel this agreement,Print your name(s)Client SignatureCo-Client SignatureDate ................
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