Preparing for Battle
It's easy to lose sight of of your goals when negotiating, tempers will flare and egos will collide. Drawing a line in the sand, i.e." I wont pay a dime over $xxxxx" calls each person's ego into the mix, ensuring that you will either have to pay the full amount or not pay the debt at all.
Remember your goals, it is very likely that you may have to "lose face" to accomplish your goals and get your best deal; but who cares, this is business!
When negotiating, ALWAYS use the "please help me" gambit instead of the "I'm a great negotiator" gambit. It's been proven un sales for years that MOST people are more willing to help someone during negotiations than they are to haggle with them.
The art of negotiating is letting the other side feel as if they have won the negotiation, when really, you have secretly have accomplished all of your goals. Negotiating is a game of chess, never reveal your goals or broadcast your moves.
Establish a Higher Authority
Like I said earlier, egos are almost always to blame when negotiations are unsuccessful. The way to protect the negotiation from egos is to establish a higher power.
The way that you set up a "higher power" is to invent a person who is calling the shots for you. This will allow you to place the blame during tough negotiations on an imaginary character.
For instance you can say something like this, "my uncle is a tax attorney and he told me to ask you for X, Y and Z. He told me he would help me pay-off all of my old debts if we could get a good deal.
Doing this allows the "uncle" to be the bad guy and gives you the power to naively ask for too much without offending the agent. When the Uncle asks for too much the agent can reply with "he's crazy" or something like that without directly offending you or drawing a line in the sand.
Now the agent is dealing with the uncle, not you. The Uncle can be as tough as he wants and the collector can be as mean as he wants and you are the poor messenger who's caught in the middle.
Initial Contact
On your initial phone call I suggest that you ask for these concessions right off of the bat:
- Ask the agent to take 40 cents on the dollar for the debt. (The average settlement is .60 cents)
- Ask the agent to remove any marks that they have reported about you on your credit bureau. (They really can rarely do this, but your uncle says they can and he is an expert, again the uncle is the bad guy, not you.)
- Give you a letter stating that they reported the collection in error. (This is the only way that you can remove collections off of your bureau. This is unlikely to happen, but this is a good bargaining chip to use later to help you accomplish your real goal, the lowest price to pay off the collection)
The Pitch
Let every offer and counter offer come from the uncle. For example, "my uncle Bob said that most collection agencies will take $XXX for this type of debt". At this point the collection agent is probably going to tell you that your uncle is an idiot and there is no way he could even come close to that figure.
At this time they will probably ask to speak with your uncle to continue the negotiations. Obviously, you want to keep the uncle elusive and alive. So, I usually say something like, " my uncle is a busy attorney, I gave him your number and he said that he will call you if he has time."
Keeping your eye on the ball, sheepishly ask the collector what they consider a good deal is so that you can tell you uncle what they said and maybe you can get him to change his mind.
This will usually get the agent to throw out the first offer, which is exactly what we wanted. Half of the battle of negotiations is letting the other party set the starting point. There is a 99% chance that they "high-balled" you.
This means that you can, I mean the uncle can, safely chip away at that offer. Now you are going to make a counter offer by way of your scrooge of an uncle. You want to turn your focus on the decoy concessions, the letters.
You should say something like, " I will tell my uncle what you offered, I don't think he will like it, but I am going to try. What about the letters he asked for"? Maybe I can get him to say yes if we can at least get that.
Now you are on the collectors side and trying to get the mean uncle to say yes. Does this sound familiar? It should, it's the good guy bad guy gambit. Car salesmen use it when they are trying to get the nasty ole manager take the deal.
Now all you need to do is to have your uncle make a little higher offer if he can get the credit letter. Do the same with the concession of having remove the debt completely. The key to this whole process is that you are never the bad guy.
In closing
You will probably reach an impasse at this moment, which is what we wanted. Now you can get off of the phone broken hearted that you cant pay the debt off. What you have really done is told the collector that I will not (can't) pay anymore for the debt than $xxx and left the negotiations open.
Wait a few days, the collector will call you with a better offer. You can take the offer or repeat the steps above. |