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robgreen

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  1. OK... now I'm really confused. I just hovered over the phrase 'without prejudice' in my last post, and the CAG definition popped up advising against the use of 'without prejudice' and said "What you should do is to make sure that offers are made without admission of liability. This is far more useful to you." So, it seems like I'm back to square one, which is trying to figure out how to word a settlement offer without acknowledgement / admitting liability. I really don't want to come across as some pompous tw@t by putting 'Without Prejudice' (if that's how it'd come across), I simply want
  2. Squaddie, thanks again for your advice. Should I always start offer letters with 'WITHOUT PREJUDICE SAVE AS TO COSTS'? Or should I only put 'SAVE AS TO COSTS' in special circumstances? As for downsides - are you saying that the only time it's bad to put 'WITHOUT PREJUDICE SAVE AS TO COSTS' is if it's after a court has ruled judgement? i.e. if a DCA filed a CCJ against someone, it went to court and the the court instructed, for example, the debtor to pay £2,000. The debtor then can't write to the DCA with a letter saving 'WITHOUT PREJUDICE SAVE AS TO COSTS'. Is that what you mean? Che
  3. DX, the plan in making offers is to settle the debt. I'm aware that at the point of payment I'd be acknowledging the debt, but that'd be a moot point, because by nature the debt would then be cleared. So no, it isn't a pointless exercise at all. The only drawback I'm foreseeing is that if they return the favour and reply "Without prejudice, we'll accept your offer of 20% and agree that this settles the debt in full...etc". Then I could pay them the 20% and they still legally pursue the debt. In that case, upon making payment I could write that it's for settling the debt. Or my relative (w
  4. Ahh I see, thanks for that clarification. So, if I understand it correctly, would the following laymen's hypothetical be true: I haven't made any payments or had any communication with a DCA for a year. I write to the DCA today saying "without prejudice...(whatever)". 5.5 years go by with no further communication or payment from myself. They then try to take me to court before the 6 year timer is up (based on my written communication on 6th April 2013). The DCA then realizes that they aren't able to sue because the letter said 'without prejudice' and therefore can't be used against me in
  5. Squaddie, I don't quite understand what you're saying sorry. Are you saying that if I started a letter out saying "Without prejudice", then I wouldn't be acknowledging the debt but that very same letter could somehow later make me liable for costs? How do you mean? ims21, when I mentioned people settling out of court without official acknowledgement of what they are being sued for, I was specifically referring to non-DCA issues such as e.g. being sued for copyright infringement and just wanting to settle to make the person go away. If I knew about how it went regarding DCA issues, I would
  6. Thanks for your reply. I know that it's possible to avoid acknowledgement by not writing/paying, or to write something in the vein of "It's not my debt, go away." I just wanted to know how to negotiate with creditors without acknowledging debt. I've seen sample letters in USA forums, so it's not as if I'm losing the plot and asking how to turn a cabbage into an egg. I just don't know how/if it works in UK law, that's all. Surely, someone out there has either tried it (with success or failure) or at least knows the legalities around it?
  7. Hey everyone, I was wondering whether anyone has any experience in negotiating with DCAs without acknowledging debt? I know that on the surface it might appear contradictory, but it'd be helpful to be able to liase with them about settling the debt without restarting the 6 year timer every time. I know that payments reset it, so I'm only talking about arrangements that completely settle the debt. Is this possible? Has anyone done this? I've seen threads on writing to DCAs with non-acknowledgement telling them to go away, but no threads on negotiating with non-acknowledgement. I
  8. I'm going to start a new thread asking people's experience on negotiating with DCAs without acknowledging debt. I won't even mention F&F offers or being overseas, so please don't merge it with this one. Thank you. Rob
  9. Actually, yes, it is. Sure, not all cases involving out-of-court settlements are without acknowledgement, but there are plenty that are. Someone for instance could be sued for e.g. copyright infringement. Although they know their idea was truly theirs, they can simply pay the person off out of court in a settlement, for that person to simply go away. Now, in no point of those proceedings will the person being sued have officially said "I acknowledge that I did in fact do this". Rather, to the contrary, it's explicitly stating the opposite. But they still have the option to settle. I assur
  10. DX, I don't know what you mean? Yes, I briefly touched on the 'acknowledgement' issue in my previous thread, but that certainly wasn't the main focus. I even mentioned the previous thread for full disclosure. I started this thread to specifically ask people on their experience with communicating to DCAs without debt acknowledgement. Yes, on the surface, it appears contradictory; but, so are a lot of things that DCAs do. I mean, let's hypothetically say that a person had a debt on their credit file that they genuinely had no idea about. And for reasons unknown, they didn't want to bother
  11. Hey everyone, I'm going to write to the 5 DCAs that I owe money to making F&F offers. They are all in default. I haven't had contact / made payment with them for 6-12months (depending on the DCA). I want to do this without acknowledging the debt, just so I don't reset the 6 year timer. My tactic isn't to simply stall them for 5ish years, because I want to get myself out of this mess as soon as possible. It's rather just as a negotiating tactic, so they at least know that the clock is ticking; a bluff, if you will. I'm actually living overseas in US, bu
  12. Fantastic, I'm going to go ahead and do that. I mean, even if I can settle on 2 or 3 of the debts before I get back to UK (assuming I do), then I'll at least be part way there. Everyone's been an amazing help - I really appreciate it! Cheers Rob
  13. Cheers DX for your help again. I have thought about that, and if I knew without certainty that I would be away for 6 years, then it could be a viable option. However, I think it's more likely than not that I'll be returning to the UK to live (at least for a bit). So, for arguments sake, let's say that in 1 year's time I will return to UK for good - would you still do what you said? Like I said in a previous post, I don't want to play hardball too much because then when I return to the UK I will be awaking a dormant monster. And, in 5-6 years time, they could file CCJs or whatever, which will r
  14. Thanks again for the continued advice. On the topic of communicating with them via my US address, it's not that I'm reluctant, I just simply want to make that move after the first two rounds of communication. That way, over the next few weeks (instead of months) I'll have at least 'laid a foundation', so if something gets elevated (e.g. legal proceedings) I can write back straight away saying "Hey hey hey, I told you x, y and z - do you need any proof of what I've said... If so what?). I'm not expecting them necessarily to comply with my requests, but maybe
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