Hi Brooce Good advice here , as everyones says you must get a letter from Crap1 saying full and final settlement and a commitment that the debt will not be persued in the future. If they won't give you this then they are just messing with you. If they dont intend to persue the debt then why can't they put down on paper. so IF IT DOESNT SAY FULL AND FINAL, THEN IT ISNT. You could pay them the settlement figure then get another DCA chasing you in the future. Cheers Ron Well done with the 15% by the way , if you can get them to confirm it properly then you have done well.

Thanks Syd I thought I would post here as it is relevant to the whole thread. Between them MBNA / Experto & Varde seem to have made a pigs ear out of things. I have all the paperwork and letters and do not talk on the phone ( well not much ). Is there any way of finding out if Varde have bought the absolute interest or not ? Cheers Ron

Hi I had an Abbey card ( MBNA ) and experto wrote to me on 23/10/2010 saying Varde had bought the interest from MBNA. No default notice in sight. 29 Jan 2010 I recieve a default notice from MBNA ( bit late , hopefully fatal ) dated 25 Jan 2010 giving me until 12/02/2010. I rang MBNA within this time and they told me it had gone to Varde/ Experto and gave me the phone number. So should I send the acceptance of unlawful recision? I have recently sent off the SAR with the £10 cheque by special delivery. Is there anything else I need to do? Many Thanks Ron

Thanks Caro I have re read the whole thread , What a mess Drydens made of this. Sunshine you have done very well and I take my hat off to you for being strong enough to fight them. Good luck with the next one . I am up against Experto now and dodgy DN's from MBN@. I should be sorted out by 2015!

Thanks King , That was the end of Egg. Only 12 more to go!!! Its not so bad as most of them have messed up with their paper work !

Hi Sunshine I assume you were dealing with Drydens. Why do you think they rolled over ? Was it the PPI ? If you can't give us any info I understand , but any general info would be useful to others. Cheers Ron

Just an update on this. They did settle in the end for around 8k on a 19k account. It got rid of the worry for me. Maybe If I had continued I could have won on the approved limit argument , maybe I would have lost , I will never know. But they will settle. I found out that I was only dealing with a trainee solicitor , who was dealing with the case for Egg. I think I could have settled for as low as 3-4k in the end , so try 20-25% first and see if they bite. Cheers Ron

Hi all, I had a missed call from Fairfax ( Solicitors ) on Friday. They are chasing me for Experto. They said they would settle for 20% off , I said i would settle for 20%. Not at all worried about these people as I have the dodgy DN ( unlawful termination of a contract ). Just waiting to see if they take me to court! Anyone know when you have to show your hand , ie when will I have to declare that the first point of my defence is that they did not allow enough time twixt default notice and selling the debt. Would you have to declare this in your defence ? The CCA's they have provided are not very good either , one is rubbish , the other is a cut and shut , but it may be hard to prove. So you all may get calls from Fairfax. Incidentally I got a letter from Experto saying after taking legal advice they have changed the account number back to the original MBNA number. It seems they think they can get some money out of me, lol.......... Experto seem to be just the same as all the other DCA's.

Well done Sunshine. I am very pleased you won. Ron 2015

Hi Its less than 6 yrs old , the cca they have was from around 2004 , its an upgrade card CCA. The original from 1999 has never been suplied. I would expect a judge to rule the 2004 one is ok and enforce on that. I dont think they know they have the 2004 one. I only got when I did a SAR. So I will try and get the right commitment from the DCA , but if they won't comply then I will not pay. And it will be their problem. Cest la vie..... Cheers Patrick

Forgot to say there is no mention of the specific acc number , the outsatnding balance is right. I think it should have the right account number.

Hi all I have this very short letter from DCA offering a F&F that I want to pay at around 30%. Allied International Credit Februarv Dear AIC REFERENCE NO: RE: CLIENT NAME: CLIENT REFERENCE NO: BALANCE OUTSTANDING:Further to our recent telephone conversation we can confirm that subject to your full remittance of ~~~~ on or before ++++++, neither we nor our client will pursue you any further in regards to the above account. Upon receipt of payment, the credit reference bureau(s) will be notified to render outstanding defaults as satisfied on any and all such files relating to the above account. Please note, we recommend payment is made by bankers draft I guaranteed cheque / debit card or bank giro credit. If you are paying by bank giro credit the details are as follows: IISBC Bank plc. Account Name: Account Number: Sort Code: Allied International Credit (UK) Limited Payment sent by post should be forwarded for the attention of the undersigned with a stamped self-addressed envelope if a receipt is required. Yours faithfully AL CREDIT ruI() LIMITED. Allied International Credit (UK) Limited Anderston House, 389 Argyle Street, Glasgow, G2 8LR Registered in England & Wales RegistrationNo 984439 Registered Office: Office No 5, The Clock Tower, Chineham, Basingstoke, RG24 8BQ To help improve our service we may monitor or record telephone calls. COLLBCTION ___________________________________________________ It seems a bit brief , I have asked for the following 1. Full and final to be mentioned on the letter. 2.A commitment from the DCA and OC not persue the debt in the future. 3. Account marked as satisfied and nil balance with CRA's. They say they will not extend the repayment date ( just being bullies ). I think it would be unsafe to send off the third party cheque until I have the above in writting. Have I missed anything ? Anyone know where there is a template for F&F. Many Thanks in advance Ron

Hi Ben As Dotty says there are no rules in the game of how much they will accept. Its a negotiation , they get less than they want , you pay more than you want. Neither party is happy. To make it clear what happens to the debts , most of the time the original creditor passes your details to a debt collection agency and they just try and get money out of you. They hassle you on the phone and write silly letters threatening all sorts of things. I have had loads and so far out of 13 credit cards only 1 has taken me to court after 1 year of not paying. Two of my aleged debts have been sold to another company and they have to send you a default notice which says they are going sell the debt on and give 14 days to settle the account. Amazingly, most of the time they seemto mess up the default notices , which is very usefull if it gets as far as court. Maybe if you offer them say 25% by post ( not on the phone ) saying the offer is open for two weeks and that this is the final offer ect , never to be repeated , they might take it. Let a few weeks go by with no communication with them. I put in my letters ' with respect 30% of something is better than 100% of nothing '. And have a good look around this site its a mine of useful info. Its helped me a lot. A year ago I thought I was finished , now a year later life is fine. My life has changed beyond recognition , I spend a fraction of what I used to , but I have food and shelter a computer and a good woman. What else do you need ?

Hi I have an oustanding balance of 15K with Lloyds credit cards and have just had a 5K offer accepted , about 30%. I just told the DCA its 5k or nothing. Which is the truth. I was told by the DCA two weeks ago that Lloyds would not settle for less than 50% in any circumstances ( load of rubish ) I sent in a copy of a Lloyds F&F offer I found on a thread on here which was offering a 26% F&F. Saying an offer was made to this lloyds customer so why not me. Remember the DCA is on a commission so they will try and get as much as they can. I am in negative equity , low income ect , so if they refused this the chance of getting any money from me in the future is slim. Strange thing is my good lady wife had a Lloyds card too , this is being handled by a different DCA. We offered them 30% which they say has been refused. They called and said they had returned the debt to Lloyds! I think we will wait until my offer has been accepted and paid ( just waiting for the letter ) then some letters of to Lloyds saying you took 30% from me, why not the good lady wife. One piece of advice needed , the DCA says they want a bankers draft as payment. I'm thinking they can have a regular cheque from my relative who is paying and like it. Do they think we are all stupid ? I wonder if they will return the cheque when we send it in , I don't think so. The lady on the phone ( term lady used losely ) has been really aggresive ( I know I shouldn't talk to them , but I can handdle it ) the last few calls. Then on the last call she was all ' I have some great news for you , and such. I think of them as opponents in a game , it helps me. So F&F can be the way forward for some , I am scared of going to court , it seems to be a lottery which Judge you get.

Hi M&M Just printed off a SAR and will send off first thing tomorrow , I got one off MBNA in August last year so it did not have any info about when it was sold. It did have lots of lines blacked out , trying to hide something ! So VIL own the debt , so why are Experto on my credit file ? They are just a dca.

Just checked my credit file and ir says VIL/experto Ltd as the agency registering the debt. So as of when can a dca get their name on your credit file. I am going to complain to the credit refence agencies. Also the default date is different from MBNA default notice . they just can't get anything right.

I have been trying to settle with Experto and for the record they are not very nice at all. I have written to them twice with no reply. Maybe they find it difficult to write. Their paper work is very poor and I find it hard to believe that they have had any training at all. Still all the better for us that they dont seem to know about unlawful recision of contract. Gives us all some breathing space when they file a claim. Mr In The Know are you sure you don't work for Expusto ? If you do tell them they should sort their paper work out as its a joke.

Thanks Sunshine and Baz I sent all the paperwork back special delivery so they can't say they didn't get it as I can prove it. I wrote lots of words on the back of the cheque about full and final and being unable to persue the alleged debt if the cheque is cashed , Belt and braces. So I should be OK. Some of the pressure is off now ,but I still have Lloyds and MBNA after me. MBNA have sold to DCA but messed up the paperwork so I can beat them off until they realise their mistake. I think I may try and settle with Lloyds , I will have to go begging again..... But there are several other CCC's who have not provided any copy CCA to me , around £60K. They can threaten all they like but with no CCA I will not pay and unless I get a dodgy judge enforcement is currently not an option from them. So the festive season will be a bit less stressful , but I think it will be 1-2 years before it all goes away. Thanks to all again. Keep on fighting! Ron

Hi All Hopefully the final update . I have negotiated the full and final down to 8K as I said truthfully I could only get 8K and not the 9K they wanted. I have signed the Tomlin order and sent off the cheque. Hopefully this will be the end of this one. Knowing my luck one of the test cases will say the approved limit is unenforcable , but I can't wait. Thanks for all the help on this site. ron 2015

Well done Blue. I have read many threads on here where the judge seems to favour the banks and takes little or no interest in the actual case laid out before him. I am far from being an expert but I think if you present the case in small logical steps , proving each one as you go with case law. I have been a juror several times and seen guitly people walk away free from horrendous crimes because the evidence was presented incorrectly by the CPS. The defendants Barristers get hold of a point and will labour on about it , like a dog with a bone or until the judge tells him to move on. Then the jury gets kicked out and then returns and the judge tells us to find not guilty , no choice , all on one small technical point! So I would labour on and on about the approved limit / credit limit error until the judge tells you to move on , just to make sure he knows the agreement must have the words credit limit in it and not approved limit. Unless they challenge one of the points then they have to rule in your favour. All I could find on the Egg 1999 agreement was the Approved Limit error. Did they issue the default notice correctly? This is always worth checking. It is really weird that they wanted to move it to small claims , I cant see why apart from the costs issue. Maybe they are scared! Good luck Ron

Hi Jon I did it via a Tomlin order which goes via the court. So I should be safe. I am not sure what you mean by conditional.

Thanks Silver and Cerburus. So if I sit back and wait to see if they file a claim then it will be easy to get it thrown out due to the unlawful rescission and unlawful DN. And maybe they will then be easier to settle with , once they realise they are in for a fight. Ron

Hi Images reduced . So unlawful rescision , sounds good to me and very easy to show in court. So am I dealing with Experto or MBNA ? I dont want to get a CCJ and wish to settle. So should I start writing to Experto/MBNA with an offer or just wait until someone registers a claim against me and then try settling once they discover the unlawful recision? Thanks Ron

Hi Cerberus Thanks for looking at my thread. The santised copies of default notice and letter from Experto are posted up below. It looks to me that MBNA sold the debt to Experto at least 3 days to early. Is this correct ? I have seen in other threads where MBNA have settled for between 20-30 % in full and final. Do you know what is the best way to achieve this ? Should I write to Experto or MBNA ? Thanks