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sutherland

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About sutherland

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  1. I know it's an old thread, but for the encouragment of people still struggling with moutains of debt, I want to let you know the final outcome. When I started this thread my debts were as the title suggests closer to £100k than £10k, all with seven credit card companies. Business troubles etc meant there was no way I could dig myself out of this hole. I believe that all of the credit agreements were strictly unenforcable. Two had been purchased by DCAs and the others were passed from one DCA to another. After more than three years of argument and negotiation, I managed to agree settlements with all parties of between ten and twenty percent. The overall percentage was 13%. There were several important factors or steps in getting to this point: - Genuinely having no way of paying ... no cash, no property, just nothing. - A very helpful money adviser in a CAB who was willing to take on my case, although I was ready to write letters of complaint when the money adviser was abused by the companies. - Being willing to write coherent letters of complaint to the chairmen of banks. - Threatening bankruptcy, IVA, etc., but not actually doing it. - Having a third party who was willing to pay the settlements. - Not having personal contact with banks or DCAs by supplying several consecutive changes of telephone number (VOIP and mobile) and having the CAB as contact point. - Not paying any installments or token payments. - Helpful and encouraging people on CAG. - Hoping and praying for relief. So, thank you to everyone on here who responded to my questions and helped from time to time. And to others who are still on such a path: don't give up. Life is much more pleasant without credit cards and debt.
  2. Thanks. Yes, that's why I'd like it writing, but is their refusal to put it in writing grounds for complaint to the financial obmudsman? My money advisor has had it confirmed by two of their agents on the phone, so she would be an independent witness to their verbal offer.
  3. Any advice on this situation would be appreciated: 1. A DCA has accepted an offer in F&F of a credit card debt they purchased. 2. The offer was made by telephone to my independent money adviser/debt counsellor. 3. The settlement is being made by a third party. 4. So far the DCA are refusing to put this in writing, but both I and the third part who will be paying up want it in writing. What should I do? I'm reluctant to pay. I cannot find anything about such a situation in the OFT Guidelines, but I am wondering if this would be good cause for an official complaint? Thanks.
  4. That is a tricky question and I have no idea of the answer. It was this BBC article that got me interested in the subject today: http://www.bbc.co.uk/news/business-11185164
  5. Could a bank set off funds from a joint account against a debt or account for which only one of the joint account holders is liable? Does this happen? If so, does it not make someone who has no liability liable for a debt?
  6. Well, surprise, surprise, they are trying to pursue me for the balance. My instinct that their use of 'without prejudice' was intended to allow them to do this was correct. Nonetheless, I believe that they are mistaken if they think 'without prejudice' means their letter cannot be used in court now that the settlement has been reached. And of course I have recordings of their delightful operatives assuring me that I would not be pursued in any way and that my credit file would be marked satisfied. Barclays also added to their crimes by denying that they had any information (in response to my SAR) dating beyond December--now a rather obvious lie.
  7. I'd just ignore them and they will probably go away or send your debt back to whoever owns it. If memory serves me correctly they ring on a Kilmarnock number so you could subscribe to BT Choose to Refuse and bar their calls. Also consider using Anonymous Call Reject if they're withholding their numbers. MH are aggressive, unpleasant, abusive, and very rarely read correspondence. If they do you will probably get a call from a thug in 'Mackenzie Hall's Legal Department' berating you for cut and pasting a letter from the Internet. Don't let them wind you up.
  8. I did say that. That's what they wrote in a letter to me, but in a letter to the money advisor acting on my behalf, they made no statement about pursuing other parties.
  9. The agreement is almost certainly enforceable. The other party won't sue me, but I certainly don't want them to get sued. On another thing that they have sent to my agent they have simply written 'Your client's offer...in settlement of this account has been accepted.' Given that that wording just refers to 'this account' I wonder if that would restrict their ability to pursue a second party in the future? The settlement would of course be made by a third party with an accompanying letter saying it is made on the understanding that neither they nor anyone else would pursue me or any other party in any way whatsoever.
  10. The letter accepting my offer of settlement has just arrived and is valid for another fortnight or so. If it doesn't matter who pays in respect to statute barring, should the same not apply to settlement? Could they actually split liability in this way? Over the last year I've been negotiating and had someone negotiating on my behalf. They've been refusing everything until now.
  11. I have agreed a settlement on an account with a DCA for a joint bank/credit card account. Their letter, however, says that they may pursue other parties for the balance remaining after I have settled. The last time I made a payment to this account was probably about 1 year ago and the second party to the account has never made a payment and never been in touch with them. My question is, do we need a clearer assurance that they will not pursue the second party to the account, or could they do not so anyway as the account defaulted six years ago and they would be statute barred (5yrs here in Scotland) from pursuing the second party even although I have made payments within the last 5 years? Hope that makes sense.
  12. Thankfully I was able to settle with the help of a third party. I hope you have similar success.
  13. Vital Spark, thanks. I think the article I refer to on the Brodies website in another thread is more useful (http://www.consumeractiongroup.co.uk/forum/scotland/176388-without-prejudice-scotland.html).
  14. I've recently received another letter offering to accept the sum of £1111.11 in full and final settlement of an account which has the rather lengthy phrase found in Monty's post http://www.consumeractiongroup.co.uk/forum/dealing-debt-scotland/138263-threat-legal-action-brechin-2.html#post1877790. I cannot see how this phrasing would make any difference and if the amount is paid the letter could still be produced despite their insistence on "express written consent".
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