Full and Final settlement? How?????

[Sarsocks]

Hello

 

Hoping someone can help me - this is a truly amazing site and I feel so much more able to deal with all the nasties that come with DCA's etc after spending lots of time reading threads on this site.

 

I remember reading a thread about ffs but now can't find it - sorry but am a newbie and still a bit hopeless at navigating!!! Hope I have posted this in the right place.

 

I have an account with littlewoods which defaulted and I have been making pmts of £30.00 per month directly to littlewoods but having been dealing with a company called NDR I think re this - poss like an in house debt collection co? Anyway have fallen into arrears and have now missed two payments. am in a position to resume payments but wondered what my chances were of offering a ffs and them actually accepting as this has been going on for a while - the balance is currently just under £250.00.

 

I have no idea how to word any such offer to them and cannot seem to find a template on the site - but am probably looking in the wrong place!!! any help will be most gratefully recieved.

 

[rory32]

The first thing I would ask you is are there any charges on the account e.g. late payment fee, overlimit fee? I would expect there to be if you have fallen into arrears and are making reduced payments. You can reclaim these charges back to reduce the outstanding balance before making any full and final offer. Do you have your statements to see how much the charges are, or do you need to get these from Littlewoods?

[Sarsocks]

Hi rory and thank you for the quick reply.

 

Oh yes there are tons of charges but I'm afraid i do not know the exact amount as numpty that I am, have not kept all the statements. Was not sure how the land lay with regard to charges - do you think they would take these off? If they were to accept a ffs - I presume that wouldn't help the default tho, I guess that is with me for the next 6 yrs regardless?

[rory32]

The test case is to do with bank overdraft charges and not credit card charges, although some people have had their cases stayed as a result. I would at least start the process of reclaiming the charges. If the charges are a significant amount of the balance outstanding then I would also ask for the default to be removed as well. I would do some reading on reclaiming charges. Read the FAQ's first here. Also send a SAR to Littlewoods (template here). Send it recorded delivery with a cheque for ten pounds. They have 40 days from receipt to reply. Which part of Littlewoods is it that you have an account with? Is it the home shopping side?

[Sarsocks]

Yes it is the home shopping side - re the charges I would imagine they must be at least half of the amount owing - do you think they might just be prepared to take that amount off the balance? I'd be happy for them to do that rather than try to get the charges back by reclaiming them as maybe quicker? I just want to get the wretched thing sorted!!! I will defo send the SAR - sorry for being thick but will that detail all transactions and charges on the account? Would that then put me in a position to be able to offer a FFS?

 

They have sent me a default notice about two wks ago stating if full pmt not recieved by 25th feb then they will issue a default notice but I am sure that I have already recieved one of these and that this account has already defaulted - they couldn't do it to me twice could they??????!!!!!!!

 

Many thanks for your help at this early hour of the morning.

[rory32]

Yes it is the home shopping side

 

 

 

 

The the S.A.R - (Subject Access Request) should go to:

FIRST FLOOR

SKYWAYS HOUSE

SPEKE ROAD

SPEKE

LIVERPOOL

L70 1AB

Mark it FAO The Data Controller

re the charges I would imagine they must be at least half of the amount owing - do you think they might just be prepared to take that amount off the balance?

If you read through the FAQ's you'll find that the initial approach is just to ask for them to be refunded. They would normally be refunded to the account.

sorry for being thick but will that detail all transactions and charges on the account?

Yes, for the last 6 years anyway.

Would that then put me in a position to be able to offer a FFS?

Well by reclaiming the charges you'll already have probably halved the balance anyway. How much were you thinking of offering as full and final?

They have sent me a default notice about two wks ago stating if full pmt not recieved by 25th feb then they will issue a default notice but I am sure that I have already recieved one of these and that this account has already defaulted - they couldn't do it to me twice could they??????!!!!!!!

If they register a second default ask the Credit Reference Agency to remove it. You can't be defaulted twice for the same thing.

[Sarsocks]

I was probably going to offer about half anyway as a ffs so if they would remove the charges I would be happy to pay the rest. About a year ago we successfully claimed back bank charges of over £2500.00 and wondered if claiming these back with littlewoods would involve a similar fight - presumably they won't just give them back without a quibble? In your experience is it better to keep on paying intsalments whilst waiting for sar info?

 

Thanks again for all your help, it is invaluable to people like me who are totally at sea with all this and just want to get everything back on track.............................

[rory32]

In your experience is it better to keep on paying intsalments whilst waiting for S.A.R - (Subject Access Request) info?

 

I would try to keep up the repayments as you are not disputing the entire balance. If you are having trouble meeting the repayments then it would be idea to do a Statement of Affairs and, based on this, make a lower offer of repayments in line with your ability to pay.

[Sarsocks]

Will do - fingers crossed they refund the charges, if not I guess I will just have to bite the bullet and keep on paying in installments until its cleared. thanx again.

[rory32]

Well if they don't refund the charges you can file at court to get them refunded. You can actually withhold payment when the account is in dispute and as they have already defaulted you then that isn't really a worry because they can't lawfully do it again. I suggested that you try and keep up repayments due to the DCA really. If you want to withhold payments you can always send them the following.

ACCOUNT NUMBER: XXXXXXX

Dear Sirs

Re: Account in dispute

I am writing to clarify that I am currently in the process of requesting a refund of charges unlawfully made to my account.

I note from your latest correspondence that you are proposing to issue me with a Default Notice on this account. I need to make you fully aware that I am disputing the sum owed and, as such, you must refrain from any further action until this dispute is fully resolved.

The current Banking Code (Section 13.6) states: We may give information to Credit Reference Agencies about the personal debts you owe us if:

• You have fallen behind with your payments,
  
• The amount owed is not in dispute; and
  
• You have not made proposals we are satisfied with for repaying your debt, following our formal demand.

I would also like to make you aware of The Office of Fair Trading Code of Guidance in which it states: putting pressure on debtors or third parties is considered to be oppressive This includes ignoring disputes about whether money is owed and refusing to freeze action if the debt is in dispute.

 

If you do not stop this default action and proceed by making any adverse comments on my credit reference files, I shall be forced to take legal action against you under the Data Protection Act 1998.

I therefore hope to receive your full co-operation in this matter and would like to request a written response to that effect.

 

Yours sincerely,

[Sarsocks]

One last question - if they refuse to refund the charges, instead of taking things further in that respect, could I still make an offer to pay, say, £125.00 in FFS or do you think they would see that as them refunding them anyway as I'd be paying a smaller amount than they say is actually owed? If that makes sense!!

 

I know its pathetic but for an easy life I am tempted to just keep paying them in installments but this is just one debt in a long long line of debts for us and it would be nice to have this one all cleared up once and for all.

[rory32]

One last question - if they refuse to refund the charges, instead of taking things further in that respect, could I still make an offer to pay, say, £125.00 in FFS

You could but for the amounts involved they might just look at it from the point of view that the account will be settled reasonable soon through your monthly installments. If you do make a F&F offer and it's accepted make sure that you get it in writing. You may as well chance your arm and see if they will remove the default as part of the F&F settlement. A template for making F&F offers is here template J.

[Sarsocks]

Thank you rory you have been very helpful, I am on the case!!! Nothing to lose and all that!!!