Dear Dollar Stretcher,
I recently put a new furnace in my house and unfortunately I
had to finance it. My payments have been $60 a month at 11.75%
interest. I have never been late on a payment and usually I pay
more than the minimum. Today I got a bill and my minimum payment
went up to $80. I called the company to ask them why. They said
that it was a tiered contract and since my balance went below a
certain amount they raised my payment. They also said that since
the government raised the prime rate they raised their rate.
This makes me extremely irate.
Have you ever heard of a tiered contract? I feel that this
should be illegal. I will never get it paid off. I called the
company and they told me there was nothing they could do. Any
suggestions?
Dan K.
Like many others, Dan has found danger in the small print of
a contract. And, based on the mail I get, he's not alone. More
and more borrowers are finding surprises in their monthly bills.
What's happening here? Two things. The first is that loan
agreements are more complicated now. Lenders realize that they
can bury favorable terms into a contract. Most potential
borrowers will never even bother to read the fine print. If
they're surprised later, it's just too bad.
In Dan's case the loan agreement is written so that the
minimum payment goes up as Dan's balance goes down. A tiered
contract is perfectly legal.
But the lender knew that most consumers think of the minimum
monthly payment first. So it's very convenient to skip over the
fact that a lower balance will eventually trigger a higher
minimum payment.
The lender also knew that the interest rate was tied to the
prime rate. Technically, the government does not increase the
'prime rate'. The government controls the discount rate. That's
the rate that they charge banks to borrow.
The banks pass along any increases by raising the prime rate.
That's the rate that they charge to their 'prime' customers.
It's also used as the trigger for most variable rate loans. And
that's where Dan comes in.
He has discovered that rising interest rates can be tough on
borrowers. And the trend in interest rates has been up. That
means that the rate on any loan that's tied to the prime rate
will go up. Simply put, it will take more money to pay off your
loan.
A lot of people will join Dan and face higher bills. About
one third of all home mortgages are adjustable. Most credit card
debt floats with the prime rate. The interest rate on variable
home equity loans and lines of credit will also increase.
So what can Dan do? Well, he can curse the furnace company,
but it won't do him much good. The lawyers who wrote the
contract almost certainly made sure that it met all necessary
standards. And, if Dan signed it, the assumption is that he
understood it.
The cold, hard facts are that the company can raise the
interest rate and the minimum payment. Dan is obligated to honor
the contract. Unless he can prove fraud or misrepresentation
he's pretty much stuck.
But, there are some things that Dan, and anyone else who has
variable rate debt, can do to help minimize the pain. He's
already taking the first step. That's prepaying variable rate
debts. Any available money above the minimum due should go to
the highest-rate variable debt that you owe.
The second step is more dramatic. It might be a good time for
Dan to consider combining his variable rate loans into one home
equity loan. There are a number of possible advantages.
First, even though the interest rate is still variable, it
will probably be lower than he's paying now. Next, the interest
could be deductible from his federal income taxes. That would
also lower the cost.
If Dan does consolidate his loans he should talk to his
mortgage holder and to the bank where he does his other
business. Banks want to capture all of your business, so many
will offer a rate that's a quarter of a percent lower to
borrowers who already have checking accounts with them. The same
is true for mortgage companies.
Before refinancing Dan needs to consider his personality
type. He'll have fewer checks to write each month. It's easy to
feel wealthier at this point. And that could cause Dan to run up
new debts. If he does he'll be making a critical mistake.
It's also a good time to take a look at all of his expenses.
He should try to reduce spending and use the extra savings to pay off
debt. Obviously if he owes less, any increase in rates will be
less painful.
If he's consolidating under a homeowner's line of credit,
there's another reason to try to reduce the total indebtedness.
Many lenders charge a higher rate of interest as your combined
loans approach 100 percent of the value of your home. Less debt means a
lower rate. Each lender is different so Dan will need to ask the
lender where the rates change and what value they've put on his
home.
Finally, we can all learn something from Dan's situation.
First, much as we hate to do it, we need to read and understand
any loan application that we sign. It's better to ask "dumb
questions" now than to be irate later.
We also need to look at any proposed borrowing and decide how
high the payments could go. Would we be able to handle it if
that occurred? Clearly Dan's options were limited if his furnace
died. But it's possible that a more expensive model might have
offered better financing arrangements if the contract were fully
understood.
The one bright light in Dan's situation is that his new
furnace is probably more fuel efficient than the old one. Given
the increase in fuel prices, that's something to be thankful for
this winter.
Gary Foreman is a former Certified Financial Planner and
purchasing manager. He currently edits The Dollar Stretcher
website www.stretcher.com
and newsletters. You'll find hundreds of free articles to help
you save time and money. Visit Today!