Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
I am thinking about taking the initiative when it comes to my DCAs. I believe 1 cca to definately be unenforceable, 1 is probably unenforceable and 1 I think might be enforceable in court.
Given that at the present moment none are enforceable I have written a letter to each saying that beacuse they are unenforceable that
" I suggest that you accept all monies already paid to you as Full and final settlement of the alleged debt"
It's certainly worth a try. At the very least it's a stepping stone to negotiating with them. And being unenforcable, they should consider themselves lucky to have anything at all. See how it goes. Perhaps they'll be realistic? You never know.
I'd say though that, "as a goodwill gesture only, I am prepared to consider all monies paid in respect of the alleged debt to be final. This should not be construed in any way as an acknowledgement of said debt."
The worst that can happen is that they say no. Alternatively they may offer you a vastly reduced settlement of some kind because they don't want the hassle of dealing with a "difficult" debtor e.g. one who understands their legal position.
The worst that can happen is that they say no. Alternatively they may offer you a vastly reduced settlement of some kind because they don't want the hassle of dealing with a "difficult" debtor e.g. one who understands their legal position.
The problem with this is that such an agreement can't be binding. If you were to state an offer, even with a greatly reduced amount (i.e. you believe the debt is unenforceable, but offer £10 in Full and final settlement of all liabilities) then such an agreement MAY be enforceable.
I believe they then cannot use that letter in court
... and neither can you... any settlement agreement should be written carefully, and should be showable in court
Originally Posted by HeatherMc
I am thinking about taking the initiative when it comes to my DCAs. I believe 1 cca to definately be unenforceable, 1 is probably unenforceable and 1 I think might be enforceable in court.
Given that at the present moment none are enforceable I have written a letter to each saying that beacuse they are unenforceable that
" I suggest that you accept all monies already paid to you as full and final settlement of the alleged debt"
Good idea or not?
personally... I would simply send them an offer letter for 10%-20% of the debt, and see what happens. Worst they can do is reject it.
i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.
Good idea or not?
settlement of the alleged debt"
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Originally Posted by rory32
