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.
Sorry, that's not very helpful, then again neither are shAMEX. Best I had was an offer from them of 75p in the pound. I assume your going to make them an offer?
It was Full and final. It was at the time when there were rumours that Amex was struggling. I didn’t have the money to accept the offer so I missed out. What’s your angle for F&F, unenforceable CCA? Who's the DCA ?
If they cannot send a copy of the executable form of the agreement - they will not be able to enforce it if it ever gets to court - think I will play the long game just now....playing them at their own game!
IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.
How can you tell if the debt has been sold or assigned?
Sometimes its difficult, the DCA's tend not to want you to know for some reason.... basically if you have a notice of assignment that states they have purchased the rights and obligations of the debt then on face value they have purchased the debt... anything from a DCA stating we are acting as agents and they obviously havent purchased.
IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.
I think my debt with newmans is under the "acting as agents" premise. Damn.
Furthermore, looking at my credit file, I can only see Amex on there, and not Newman.
If you look around the amex forum section you'll see that they very rarely give away control, they get involved at all stages in chasing the debt.
It still doesnt hurt to start low and increase the offer later on, just be sure to head the offer "without prejudice save as to costs" so they cant use it in court against you.
IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.
I havent put "without prejudice save as to costs" on my letter, but I have made them an offer, without acknowledging the debt, eg said this account is in dispute etc, but to stop you hassling me, i will give u £x. I hope this is ok.
Judging by what you have said, it will be difficult to get a lower offer away with these. I was thinking I would get away. 50%.
I havent put "without prejudice save as to costs" on my letter, but I have made them an offer, without acknowledging the debt, eg said this account is in dispute etc, but to stop you hassling me, i will give u £x. I hope this is ok.
Judging by what you have said, it will be difficult to get a lower offer away with these. I was thinking I would get away. 50%.
You just never know.... so many variables...
What the month is looking like for the bank, near quarters end for reporting and final push for any cash possible etc etc.
IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.
If you increase the offer until they bite you may find that they bite at 100%. I think you have to play harder. Remind them that the CCA if unenforceable, state that under the circumstances the f&f offer was generous, withdraw the offer and cease with the monthly payments if you haven’t yet done so. Actually, on that last part, bear in mind that they can default you for non payment. Default is not a nice place to be. On the upside if they’ve defaulted you already then it’s game on.
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Originally Posted by billyray
