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Terence123

Full & Final Payment advise please

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Could anyone give me an idea what to offer Mercers (Barclaycard) in settlement of a £1,431 I just don't know what to suggest can anyone advise I know I keep asking questions but I feel I am taking control now and don't feel such a victim.My daughter has just sold a house and has a bit of cash and has offered to help if she can.

Thanks in advance

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£0.00 as they have no legal authority to money to off you ;)

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£0.00 as they have no legal authority to money to off you ;)

 

cmon mr ton they want some practical advice

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Could anyone give me an idea what to offer Mercers (Barclaycard) in settlement of a £1,431 I just don't know what to suggest can anyone advise I know I keep asking questions but I feel I am taking control now and don't feel such a victim.My daughter has just sold a house and has a bit of cash and has offered to help if she can.

Thanks in advance

 

ok how old is the debt, are you making payments now?

 

If you have not made any payments for 6 years then you wont have to pay anything however i assume its being paid in some way

 

the first thing you need to do is find out the strength of the agreement as this will determine what you will offer

 

so look in the templates and send the s78 cca request off with a one pound postal order, letter not signed and then post up the response (without your personal details)

 

look forward to seeing what you get back and then we can advise you more

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cmon mr ton they want some practical advice

 

That is practical advice...far better than saying "just pay up" or "just pay what you can" :rolleyes:

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c'moin lets not start again- the guy is brand new on the site and wants advice

 

what is he supposed to do with "quips"?

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Ok - firstly, have you sent a CCA request to see if this is enforceable? If she took the card before April 2007, I doubt that Barclaycard will have a valid agreement. This may be your first step - if there is no agreement forthcoming, then the ball is well and truly in your daughters court. She would then be able to start low (about 20% of the debt) and work her way up to what she wants to pay. The reason you start low is so that THEY think they have one over on you.......i.e - they want 50% not 20%, your daughter agrees, they are are happy because they think they have won ;)

 

There are other steps you can take if this is unenforceable, but if she wants to clear this debt, this may well be the best way.

 

If the agreement comes back enforceable, we can cross that bridge when we get to it.

 

CCA request letter can be found here http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html - use letter template N.


:)I am not an expert, but I can give good advice about Brighthouse:)

 

Am learning more and more about DCA's too :)

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

 

<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!

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HI there I have written to Barclays & received a reply today with a blank photocopy of their current terms & conditions.

 

'The letter says under Section 78 we must supply you with a copy of your executed agreement & a statement of account which is practable to refer.'

 

'Please find enclosed a copy of your latest executed agreement. This Statment of the terms of your agreement with us and incorporates any variations to the terms made since you entered into this agreement. However, interest rates have been omitted and the fees and charges have been suspended due to the status of your account.

 

As your account is now in the recovery programme, further information relating to the current state of your account can be obtained from the recovery team.

 

This concludes our obligations under Section 78 of the consumer credit act 1974.'

 

I dont know what to do now any help?

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HI there I have written to Barclays & received a reply today with a blank photocopy of their current terms & conditions.

 

'The letter says under Section 78 we must supply you with a copy of your executed agreement & a statement of account which is practable to refer.'

 

'Please find enclosed a copy of your latest executed agreement. This Statment of the terms of your agreement with us and incorporates any variations to the terms made since you entered into this agreement. However, interest rates have been omitted and the fees and charges have been suspended due to the status of your account.

 

As your account is now in the recovery programme, further information relating to the current state of your account can be obtained from the recovery team.

 

This concludes our obligations under Section 78 of the consumer credit act 1974.'

 

I dont know what to do now any help?

 

 

No point in posting it up, it's the same generic crap that Barclays send out.

 

They have complied with your request, but have not proved you owe the debt.

 

You are now legally allowed to suspend all payments to them.

 

Until they can prove your agreement you an stop paying.

 

Jogs

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They will go as low as 25% so offer them 20% as a starter and then negotiate to 25%, tell them you have managed to borrow this from family and friends.

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it's really it to you if you want to get rid of it then try a full and final. I started off offering 10 % of the exact balance:

 

Account Number:

Dear Eejits

Barclays have confirmed by letter dated xx/xx/xx, that there is no executed credit agreement relating to the above referenced account. This account will be placed into a dipsute with Barclays and no other monies will be offered until such times thay can provide a valid consumer credit agreement under my current CCA 1974 request.

However, while admitting no liability for the account and the sum claimed as owing, I am willing to offer the sum of £xx as an ex-gratia payment in full and final settlement of the account.

This offer is made on the clear understanding that neither you nor any associate company will take any further action to attempt to enforce or pursue this debt in any way whatsoever and that any and all liability on our behalf will be fully discharged on receipt of the above stated monies.

This offer is made on the condition that of all adverse entries regarding this account are removed from our credit files with the credit reference agencies.

Payment can be made within 2 weeks of receiving your written confirmation of your agreement of this offer and the subsequent terms of the offer. Please also identify your prefered method of payment and the details of making said payment.

Please note this offer will expire on (date - give them a couple of weeks) if no letter of unconditional acceptance is forthcoming and may not be repeated. This offer is not open to negotiation.

We look forward to receiving your reply.

 

 

Ida x


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