Hi can anyone answer the following? How is "Partial Settlement" written on credit file, viewed by creditors? Would they treat it as a normal settled account, or is it actually detrimental to your credit score/file?

Hi, I am in the process of trying to agree short settlements on my credit card and loans. I was wondering if anyone can help with the following? How will they appear on my credit files? Settled? Short Settled? Partially Settled? Settled after Default? Does anyone know all the codes they use on settled accounts?, as in are there anymore that i have not listed above. I wrote to all of my creditors with their offers, of about 25% of the balances on each. In the letter I asked for written confirmation of the following. Can anyone look at these and see if they would be acceptable by the creditors? On receipt of £XXXX, *Creditor Name*and all associated companies will accept this payment as full and final settlement of Account Number *********, and I will be released of any liability. *Creditor Name* and associated companies dealing with this account will take no further action regarding the Account Number *********. No further money will be owed to *Creditor Name* in respect of Account Number ********* and you will not pursue any longer for any amount. An entry will be made with all relevant credit reference agencies as account "satisfied" and “settled” in full for Account Number **********. The payment history on all credit reference agencies will show up as up to date and no missed payment. Many thanks for any help. JD2002 Credit Report Click link to open in new window.

Hi, I am in the process of trying to agree short settlements on my credit card and loans. I was wondering if anyone can help with the following? How will they appear on my credit files? Settled? Short Settled? Partially Settled? Settled after Default? Does anyone know all the codes they use on settled accounts?, as in are there anymore that i have not listed above. I wrote to all of my creditors with their offers, of about 25% of the balances on each. In the letter I asked for written confirmation of the following. Can anyone look at these and see if they would be acceptable by the creditors? On receipt of £XXXX, *Creditor Name*and all associated companies will accept this payment as full and final settlement of Account Number *********, and I will be released of any liability. *Creditor Name* and associated companies dealing with this account will take no further action regarding the Account Number *********. No further money will be owed to *Creditor Name* in respect of Account Number ********* and you will not pursue any longer for any amount. An entry will be made with all relevant credit reference agencies as account "satisfied" and “settled” in full for Account Number **********. The payment history on all credit reference agencies will show up as up to date and no missed payment. Many thanks for any help. JD2002

Hi, i was wondering if anyone could help me. I am in cosiderable debt with 8 creditors and my financial situation is very poor. I have been out of work for 6 months. I have been able to borrow some funds from my father to repay all my debts as short settlements. Halifax are saying they do not short settle accounts. Could someone clarify this and advise me on what I can do next?

What about payment history, does that stay on file as currently some are showing as red and 4 months payments late.

Clemma, I have already sent them account in dispute letter and had reponses from them. One says the debt is owed and not in dispute, one is asking for a copy of my signature and one is sending me a big document of terms and conditions on, with my details at the top of the page, with no signature!

If they do accept my short settlements, how will they then update my credit file?

Sam, I started my CCa request in Nov last year, so the ones that not replied have well expired. Proven ones are both loans, one credit card and the other credit card was online application so i assume that is proven. Leaves me with 4 cards still not complied. But i have been in contact regarding these for so long and my situation with them is getting worse. So i was hoping to just pay them all off and not have to worry about them anymore.

would you say 20% is a good starting offer? Or will that be completely silly offer?

Hi, thanks for your replies. I have CCA all of them previously, and had different responses from them all. Some not replied, some sent signed copies of my agreement, some still stalling, and one sent unsighed agreement. The situation I am in, is that I would like to just pay them all off, as I can not really offer much at all on a monthly payment agreement. Hence thats why I have asked my father to help. What percentage would you say to offer to start with? Also I am not paying anyone anything at the moment. Thanks for any help in advance.

Hi, I was wondering if anyone could give me any advice as I am really struggling with my debts. I was working full time up until Feb 2009 when I was made redundant. I was able to pay all my payments for my debts until then. I have about 6 crdeit card and 2 loans with various different companies. I have not been able to pay anything to anyone since about February. I am getting constant calls and letter threatening legal action and am really stressed about this. I am only claiming job seekers allowance and this is barely enough for my essential spending. My creditors are at different stages and some have started passing debts to different collection companies. In total I owe about £45,000 to all creditors which incle all charges. I have approached family members to see if they can help me. My father has said he will look to pay everyone off, but not at that amount. So we would be looking at short setting all the accounts. Does anyone have any sugesstions as to how much I can realistically offer everyone and what amounts they are likely to accept? Does anyone have any template letters so I can send to them with my income and expenditure details and an offer of short settlement? Also how will this affect my credit file, would they show as defaulted or settled? Would I be able to ask them that if they accept my offers, they have to agree not to put any detrimental entries on my credit file? i.e. all accounts settled in full, no adverse or missed payments, account upto date? If anyone has any suggestions, please could you help. I am really worried about this and any help would be gratefully accepted. Many thanks in advance.

Hi, I received a reply from Halifax regarding my account. The reply is pretty much the same as their original reply. What should i do next?

Sorry, i may be sounding stupid but how do i contact OFT, FSO, ICO? How should I respond to Natwest?

Hi, please can anyone help. I sent Natwest an Account in Dispute Letter and they have sent me back the following. Natwest pictures by JD2002 - Photobucket (it is the letter dater 22/04/09) Please can anyone help me on how to respond to them. I am really worried about this and don't know where to turn. Many thanks for any help.

Please help, I have again received another letter from HSBC saying the same thing. They want my SIGNATURE! I have written to them again today, with the following response: Reference your (latest letter ref ) As a courtesy to you , I have to advise you that any further prevarication on your part will be reported immediately to the Information Commissioner’s Office and the OFT. You have failed on (insert no . ) occasions to comply with my CCA request. Any further refusal to comply with my request will not be tolerated . You have (insert no.) working days to produce the documents which I require , before this agreement is considered unenforceable . Furthermore , I consider that this account is now firmly ‘In Dispute’ until this matter is resolved . You should also be aware that I will pursue compliance through the Courts using CPR if necessary. Is this enough or should I send them something else? Thanks for any help.

Hi Briddles, The reason why I am going down this route is because of the endless problems I have been having. When things were good and I was in work I paid everyone on time, now they are threatening me with defaults and ccj's. I have had endless rude calls from companies and I don't know what else to do. I am not trying to avoid my debts, I am trying to sort them out, but they just don't seem interested. I have fallen into a lot of arrears and the charges keep going up. In light of the current climate, they still don't seem to be helping debtors.

Hi Lee, thanks, I have sent them that first letter today. Will post any replies here. Many thanks for any help. JD

Hi, update on this. I received a letter from HSBC today regarding my CCA request. It basically states they will not provide me any details until they receive a signed letter from me! Says they are not obliged to send anything. I have scanned it on Photobucket. Please could someone have a look at this and tell me what to do. http://photobucket.com/HSBC_2009 Do i indeed send them a letter with my actual signature? How should I respond to them? Many thanks for any help. JD

Hi, does anyone know the latest on the bank charges case?

Any help on this please?

Brindles, The second document that i added has been sent by then as part of the back of the first document. What does this mean?

Hi Slick, thanks for the info. I have today sent them a letter down the CPR route, any response I will post on this thread. Many thanks for any help JD

Hi, an update on this one, as I have had no no reply or acknowledgement of my CCA request, I have today sent this letter to Sainsbury's Bank. Any response I will post on here. I write in reference to my letter dated XXXXXX. I am disappointed that you have failed to respond to my request for a copy of my Credit Card agreement to which I am entitled under the Consumer Credit Act 1974 (Sections 77−79). A copy of this letter is attached for your convenience. I have previously enclosed a payment of £1.00 which represents the fee payable under the Consumer Credit Act. I understand a copy of our credit agreement should be supplied within 12 working days. I am sure you also understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act. Failure to respond positively will be reported to the Financial Ombudsman Service and the Office of Fair Trading. On the XXXXXXX I wrote to you requesting a copy of the credit agreement under the Consumer Credit Act 1974 (Sections 77-79). On XXXXXXXXX a member of your staff signed for delivery of my written request and I have an electronic proof of delivery showing their signature and the date. To date you have failed to comply with my requests These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974. In my letter of the XXXXXXXX I made a formal request for a copy of the signed, executed credit agreement for the above account under section 77(1) of the Consumer Credit Act 1974. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account. Furthermore you are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation. These limits have expired. As you are no doubt aware section 77(6) states: If the creditor fails to comply with Subsection (1) (a) He is not entitled , while the default continues, to enforce the agreement. Therefore this account has become unenforceable at law. As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. Furthermore I shall counterclaim that any such action constitutes unlawful harassment. Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies. Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends. Should you not respond within 14 days I expect that this means you agree to remove all such data. Furthermore you should be aware that a creditor is not permitted to take ANY Action against an account whilst it remains in dispute. The lack of a credit agreement is a very clear dispute and as such the following applies. * You may not demand any payment on the account, nor am I obliged to offer any payment to you. * You may not add further interest or any charges to the account. * You may not pass the account to a third party. * You may not register any information in respect of the account with any credit reference agency. * You may not issue a default notice related to the account. I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I would appreciate your due diligence in this matter. I look forward to hearing from you in writing. Yours faithfully

Hi, am I right in assuming this is just an application form. If it is should I send them a letter like this: I DO NOT ACKNOWLEDGE ANY DEBT Dear Sir/Madam RE: Agreement/Account number Thank you for your response to my letter dated xxxxxx 2009, making a formal request for a true copy of the original credit agreement for the above account under the Consumer Credit Act 1974 (Sections 77-79). The documents you supplied me appear to be no more than an application form, and as such are not a satisfactory response to my request. Nowhere on the front of the document is there any reference to the prescribed terms and conditions that such an agreement must contain. I must assume that these are unconnected documents and once again inadequate to satisfy your obligations. As you are aware you are obliged to provide me with a true copy of my agreement as defined under Section 189 of the CCA 1974. and I consider that you have failed to comply with my request for these documents Under the terms of the above Act, a creditor has 12 working days to provide the requested documents. This deadline has now passed and I have not received the requested documents from you. As I am sure you are aware, an agreement that does not contain all of the prescribed terms, and/or is not signed by the debtor, is completely unenforceable & I therefore consider that this account is in dispute with immediate effect & it follows that all payments to this account are suspended forthwith. I draw your attention to the legal requirement that a creditor is not permitted to take any action against an account whilst it remains in dispute. The lack of a credit agreement is a very clear dispute and therefore the following applies: You must not demand any payment on this account, nor am I obliged to offer any payment to you. You must not add any further interest or charges to this account. You must not pass this account to any third party. You must not register any information in respect of this account with any of the credit reference agencies. You must not issue a default notice on this account I hereby give you notice that if you proceed with any of the above actions, I will file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service. Yours faithfully

Any help on this please.