This is an open letter to the factoring industry AND the structured settlement industry to air the dirty laundry. We all know that structured settlement servicing exists.
What is Payment Servicing?
Servicing arises where an annuitant sells a portion of the payments rights and through a contractual arrangement ("servicing agreement") the factoring company receives the entire structured settlement payment (not just the sold portion) and passes the difference onto the annuitant. Under such circumstances the annuity issuer may refuse to speak with the annuitant because of the servicing agreement and directs calls to the factoring company. Moreover there may be a delay in the receipt of such payments by the annuitant because the payments must first pass through the factoring company.
Why are there structured settlement servicing agreements?
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One of the allegations is that life insurance companies WILL NOT split structured settlement payments. If this is true then it may be an incredibly poor PR move in need of correction.
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Who has experienced this and from which life insurance companies? Which current writers of structured settlement annuities are involved, if any?
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The contrary allegation is that factoring companies do this to control the pipeline for the next factoring deal, cutting down on marketing expense and further to wall off competition.
What are the consequences to the structured settlement payee who has sold just part of their payments, if the payment servicing company is later bankrupt when it controls receipt of all of the annuitant's structured settlement payments?
This question must be answered before its too late.
This author welcomes statements from both the structured settlement industry and the factoring industry.
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