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    • Hi,  I guess the DCAs have come out of hibernation as my friend has had a Claim Form today.  Honestly I feel like I have addressed this one but she can't find the folder box I gave her to keep all this nonsense in, but then the claim form has no information you could realistically use to find out what its from anyway(JD has a few names under their umbrella and she has had accounts with most of them over the years, some repeatedly as they keep lending to someone with no income.  Its ok at the start when its only a little bit but they rapidly put it up and up until she owes in the high hundreds/low thousands instead of the £150 she is initially given, she always intends to keep it in good standing but there is a massive difference between paying £20 a month and over £100) and the usual poor grammar that should be an embarrassment to any normal legal firm, but I suppose these people have no shame.   Anyway, I assume its the same respond for more time and send off a CPR and CCA?   Name of the Claimant ?   Cabot Financial Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 22/02/2021   Particulars of Claim   What is the claim for – the reason they have issued the claim?  By an Agreement between JD Williams Ltd RE Jacamo & the defendant dated XX ('the agreement') JD Williams Ltd RE Jacamo agreed to issue the Defendant with a credit account.  The Defendant failed to make the minimum payments due.  The Agreement was terminated following the service of a default notice.  The agreement was assigned to the Claimant.  THE CLAIMANT THEREFOR CLAIMS 1.8XX.XX 2. costs   What is the total value of the claim? £8XX.XX    Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes   Did you inform the claimant of your change of address? No Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Catalogue   When did you enter into the original agreement before or after April 2007 ? After   Do you recall how you entered into the agreement...On line /In branch/By post ? Online   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt Purchaser   Were you aware the account had been assigned – did you receive a Notice of Assignment? Possibly, she was(and is) very poor at keeping and responding to correspondence.     Did you receive a Default Notice from the original creditor? Possibly, she was(and is) very poor at keeping and responding to correspondence.   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Possibly, she was(and is) very poor at keeping and responding to correspondence.   Why did you cease payments? More than she could afford.     What was the date of your last payment? No Idea as we do not not which account it is for.     Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Possibly but can't say for sure.    
    • Thank you Andy/Dx   UPDATED Defence, 3 days remaining.   Not sure where to mention invalid PAP. I put it under number 5. Please check if this is good to go.   Defence   The Defendant contends that the particulars of claims are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any allegation to which a specific response has not been made.   The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) – failed to serve a letter of claim pre-claim pursuant to PAPDC changes of the 1st October 2017. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   1. I have in the past had financial dealings with Lloyds Banking Group. I do not recall the precise details of the agreement and have sought clarity from the claimant.   2. However, I do not recall ever receiving a Default Notice pursuant to sec 87(1) CCA1974.   3. I do not recall ever receiving this notice pursuant to sec136 of the Law of Property Act 1925.   4. I do not recall ever receiving a letter of assignment from the Lloyds Banking group advising the debt was assigned to the claimant.   5. Claimant served the invalid PAP with no connection to their court claim,   6. On receipt of this claim I sent CPR 31.14 and section 77 request. The claimant failed to provide a valid copy of the agreement and therefore remains in default of said request.   7. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:-   a) show how the Defendant has entered into an agreement; and b) show how the Defendant has reached the amount claimed for; and c) Show or evidence service of a Default Notice/Notice of Sums in Arrears, d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.      
    • no.   i wonder if the OP is entitled to CTAX benefit, thats only available from the relevant council...most on UC can get it..   but your MP is by far the most successful route to sorting these issues we've seen here to work.
    • dx100uk  unclebulgaria67   OP is on UC.   Could the council apply for weekly amounts to be deducted from UC claim ?
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

Full & Final Settlement Offers - Advice please


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I have been offered a partial settlement with a well known M type bank of 37%! Have till tommorrow to decide what to do.

If I dont pay them tommorrow I will be defaulted tommorrow so i'm completely up in the air about what to do!

 

I do not have the time or ability (Due to bank rules) to get the money into a third party account to pay it from so I would be paying them without written confirmation that it is a settlement payment!

 

Does anyone think it would be a good idea to request email confirmation from the account manager prior to paying? Would that surfice as proof they accepted it as Partial? (Tried for ages to get F&F but they would not budge)

 

Hi HJ,

 

I personally would pay nothing to them without written confirmation, they will deny anything once they have got a payment from you and continue to pursue you for the rest. This is not from my experience but from reading many threads on here to do with MBNA, I guess that's who you are talking about.

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Hi HJ,

 

I agree with Dotty50. These people will stoop pretty low, and then surprise you by going lowere still. They really are the first rung on the food chain and you shouldn't believe anything that you're 'told'.

 

With regards to e-mail confirmation, can they not send the letter as an attachment? on their headed paper?

 

Out of interest, why are they that desperate to settle?

 

M

________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

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Hi Bob - sorry have been off for a while and only just saw your post.

 

I would write to your bank asking why they believe they do not have to close the account after they have accepted a full and final settlement from a third party on your behalf.

 

Ask them to explain this to you in clear and concise language I would also quote to them the case laws as explained in previous posts and ask why they believe they are exempt from this.

 

I would guess them to be BS'ing you in the hope of illicting more money out of you. Do you mind saying which bank it is?

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Hi Bob I would knock a letter together saying something along the lines of.......

 

Dear CRAPPY BANK

 

I note with interest your letter dated XX/XX/XX where you acknowledge you have cashed cheque number XXXXXXX from (FRIENDS NAME) which was sent to you in full and final settlement of account number XXXXXXXXXX.

 

This was made clear in the letter attached to the cheque and you were asked to return the cheque should you not agree to this. You did not return the cheque, you did indeed cash the cheque on (INSERT DATE) and funds cleared to your account.

 

In your letter you have made demands for further payments despite accepting a full and final offer with the cashing of the previously mentioned cheque.

 

I would like to know on what basis you make further demands. I ask that you explain this matter in clear and concise english quoting any laws on which you would seek to rely.

 

I would direct your attention at this point to Bracken & Trickett V Billinghurst.

This states that if your company has chosen to bank a cheque from a third party in full and final settlement of a sum owed by your debtor you will have signified acceptance of it as discharge of the debt.

 

I now expect a written response showing that the account is now closed and my credit file will be marked accordingly. I expect this to take no more than 14 days after which I will reserve the right to take the matter to the Financial Ombudsman service or file the matter in the County Court.

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Hi Hugh,

 

If I dont pay them tommorrow I will be defaulted tommorrow

 

I agree with MandM and Dotty. Never be rushed.

 

I have been offered a partial settlement with a well known M type bank of 37%!

 

 

A "partial" settlement leaves you wide open to court action for the balance. Unless the settlement document contains the phrase "this sum is accepted in full consideration of the disputed remaining balance". In which case the partial settlement is known to be F&F, in any event.

 

 

Hi Sgx.saint, no problem.

 

You are welcome to post your F&F doc, I think there may be a template somewhere:confused:

 

Hi Bobdauilda,

 

the case law in post 37 is a little old isn't it-1911?

 

It certainly is, (to the best of my knowledge) it is still relevant case law though.

 

Bill (HNY!)

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  • 4 weeks later...

I have had a copy of the original CCA and the current terms & conditions but nothing regarding the F&F settlement. Why haven't they enclosed the T&Cs from the date of signing the cca ie early 1990's? :mad:

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Yes I saw that post before, just wondered if you had done anything further.

cried a lot....contemplated suicide..... sent another letter which has gone unanswered....cried some more....:(

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  • 1 month later...
  • 2 weeks later...
andie 303 are you out there.........?????

 

Hello there bobdauilda,

 

 

Sorry Fred and all others for intruding here, Bob what is your situation now regarding Full and Final Settlement, if your creditor has played the conduct of deceit with you, I may be able to help you sort the problem out, once and for all.

 

 

If you see this Bob, Please up-date by posting on my thread regarding f+f.

 

Kind Regards

 

The Mould

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  • 3 months later...

Didn’t work with egg. I’m the 3rd party helping a friend and decided to try the andie 303 approach. There was no involvement with the friend – the cheque & letter came direct from me with the friends details included but although I asked them to return the cheque to me at my address should they not be able to fulfil this request, they returned it to the friend with a letter saying:

 

We are unable to accept your offer as a full & final settlement. As soon as you amend the details and return the cheque we will then be able to continue with processing the cheque. It would also assist if you can write your name, postcode and egg ref on the reverse.

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  • 2 weeks later...

HELLO anyone tried a full and final with provident , ive tried on behalf of my partner whos suffering financially , is a carer so not earning millions , and outstanding balance is £350 .

i sent of a f&f letter and cheque for £200 and twice they have pushed the cheque through the door without so much as a scribble .

i thought i was being very generous

i have explained she cannot afford it etc

i sent the f and f to the local office as opposed to the head office should i try that .

no doubt they ll threaten a dca namely their in house one , and i ve thought about just telling them to take us to court and pay the £200 into the court so it would help , and they would look a bit silly i think .any help would be appreciated thankyou

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Hello there bobdauilda,

 

 

Sorry Fred and all others for intruding here, Bob what is your situation now regarding Full and Final Settlement, if your creditor has played the conduct of deceit with you, I may be able to help you sort the problem out, once and for all.

 

 

If you see this Bob, Please up-date by posting on my thread regarding f+f.

 

Kind Regards

 

The Mould

 

Hi bobdauilda

Any update on your F&F settelment.

Thanks

Regards

MAC

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Hi All

 

I have followed the process of full & final settlement letter for a friend.

 

The third party cheque has been cashed even though it stated in the letter to remove the default and any adverse history.

 

Lowells are refusing to remove the default and will only mark the credit file as settled.

 

Anyone any advice

 

Johno

Edited by johno23
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Hi All

 

I have followed the process of full & final settlement letter for a friend.

 

The third party cheque has been cashed even though it stated in the letter to remove the default and any adverse history.

 

Lowells are refusing to remove the default and will only mark the credit file as settled.

 

Anyone any advice

 

Johno

Hi Johno

Would you mind to ask you. how big the loan amount was and which amount you paid by cheque. thank you

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Hi

 

Yes it was for a mobile phone contract two years ago.

 

It was only £40 so i sent a cheque for £30.

 

Hope that helps

 

Johno

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  • 2 weeks later...

Any news from anyone on these settlements? How have the banks responded?

 

I wanted to warn people to read through the following case before attempting this and to post their opinions here:

 

Inland Revenue Commissioners (IRC) v Fry

 

It seems very likely that this case will be used against the debtor if they are not careful. The only point we may have in our favour is that Mr Fry does not appear to have written anything on the back of the cheque making the agreement easier to rebut.

 

Also worth noting is that judges will almost never rule against the IRC due to the possible repercussions. It is one thing for the judges to make a decision negatively impacting a builder or merchant, but the IRC and banks may be a totally different kettle of fish...

 

Useful link on the subject:

 

http://www.bermans.co.uk/publications.php?5.articles.view.230

 

I just wanted to add that I in no way agree with the judgement in the case of IRC v Fry. I am sure that if the roles were reversed they would still rule in favour of the IRC, it is just another example of our corrupt legal system in action...

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