Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

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.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



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  1. #1
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    GeorgeUK Novitiate

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    Default old Full and Final - query

    Not sure if this is the correct place to post this query, so forgive me if it's not.

    Just a technical point i came across in a post recently and wondered what the correct procedure was.

    A bank sells a debt to a DCAicon
    The debt is eventually settled with F&F settlement
    Bank and CC charges are reclaimed by the individual from the bank.
    As this account was sold on, can those reclaimed charges be put towards the shortfalll in the amount the debt was sold on for?

    Also

    A bank does a F&F settlement with account holder
    Bank and CC charges are reclaimed at a later date
    As the account is settled (and may have been for some years) will the bank keep the money or should it be given to the customer as the account has been closed?

    Just curious about how these situations would be dealt with and if anyone can point me towards the legislation that may cover this.

    I saw a post on another board where the bank had done a F&F settlement, charges were reclaimed and the bank then put the reclaimed amount towards the "outstanding" debt that was not paid off when the F&F figure was agreed. The account was then shown on their credit report as having an amount outstanding (as the settlement figure and reclaimed charges did not quite cover the full amount that had been owed). I had always thought that once the F&F settlement was agreed and paid, that that was it??

    thanks
    George

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  2. #2
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    mnrbig Novitiate

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    Default Re: old Full and Final - query

    Logic would state that Full and finalicon settlement is just that final. Do you have the agreement to the F&F in writing? But then again, the law is not always logical.

    Just some guy. I try to help, but all advice is my opinion.

  3. #3
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    GeorgeUK Novitiate

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    Default Re: old Full and Final - query

    This was not my account, but the person in question did have the agreement "Full and finalicon settlement" in writing from the bank.

    Just wondered if this was commonplace or if the bank was trying a new tactic. I haven't been able to read up too much on F&F's so thought i'd ask the experts.



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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE