FnF to leeds losers re cap1

[minmac]

Got my cca back from leeds losers re my cap1 cc.

 

It definitely enforceable, it has everything it should have.

 

So basically I owe £1220 to them. I will be offering £5pm or a FnF, just wondering what is the very very lowest amount I can offer them with a realistic hope they will accept? I am hoping to add the Fnf is onthe condition my default is removed,

 

Thanks xx

[oneofakind]

No fixed amounts.... just don't offer more than you can actually afford. Maybe you should start low, and let them go for a higher amount (I'm sure they'll try...)

 

Have you checked for any unlawful charges on the account?

 

[mr.ton]

You are under no legal obligation to offer them anything at all.

Only a county court has legal powers to money off you

[sequenci]

You are under no legal obligation to offer them anything at all.

Only a county court has legal powers to money off you

 

Eh? You keep sprouting this, what do you mean?

[count orlok]

Are you sure you can afford £5 a month? If you are out of work and have other creditors £5 to each would be quite a lot. I only pay £1 to each of my creditors and even that is a drain when on pension credits.

 

As for the F&F, chances are they only paid about £150 for the debt so give me a fair profit and offer them a couple of ton, tell them it is a time limited offer and if they aren't interested you'll give the money to someon who is.

[oneofakind]

You are under no legal obligation to offer them anything at all

.

 

If the OP wishes to make a F&F payment, and get the creditor off his back forever, why shouldn't he?

 

The first post appears to imply a (reluctant) acceptance of the debt. I'm sure Minmac would rather not be dragged to court, if he can settle the issue!

 

[Huff&Puff]

They can pay as little as 6 pence in the pound, I believe. I would start negotiations at around the 10% mark, and I did agree a F & F with a DCA for 11% last year.

[angryandy]

You are under no legal obligation to offer them anything at all.

Only a county court has legal powers to money off you

 

I think what Mr T means is that a dca can ask for payment but you don't have to agree to it. If you insist on not paying then they can take you to court where a Judge will order you to pay what you can afford. If they are asking for silly amounts (which happens more than not) then a court is the best place to resolve it. A DCA has no rights to legally collect money from you unless they have a court order to do so!!

[mr.ton]

Eh? You keep sprouting this, what do you mean?

 

Exactly what i said

As mentioned afterwards - the most a DCA can do is ASK for payment, they have no legal basis to actually obtain that payment - only the courts have that power.

[sequenci]

I think the way you phrase it is pretty misleading. It is usually the case that a DCA can request payment, i.e. via the valid assignment of a debt. Not everyone wishes to get involved with a legal tangle - in fact most debtors I speak with are quite happy to try and make a 'reasonable' offer of payment.

[mr.ton]

.

If the OP wishes to make a F&F payment, and get the creditor off his back forever, why shouldn't he?

The first post appears to imply a (reluctant) acceptance of the debt. I'm sure Minmac would rather not be dragged to court, if he can settle the issue!

 

If Minmac wishes to make payment/sort the matter out - then thats fine & entirely upto them - i was merely pointing out that if they do not wish to, then they are under no obligation to do so.

Only if a court orders payment is when they have to comply - no other time.

DCA's lie,cheat,bully & move the goalposts as we all know - so rather than anyone making out that going to court is somehow a bad thing, it can be a good thing in that the whole thing gets sorted out once & for all and on the basis of whats best for the OP, not whats best for the DCA.

[sequenci]

If Minmac wishes to make payment/sort the matter out - then thats fine & entirely upto them - i was merely pointing out that if they do not wish to, then they are under no obligation to do so.

Only if a court orders payment is when they have to comply - no other time.

DCA's lie,cheat,bully & move the goalposts as we all know - so rather than anyone making out that going to court is somehow a bad thing, it can be a good thing in that the whole thing gets sorted out once & for all and on the basis of whats best for the OP, not whats best for the DCA.

 

You're welcome to your opinion, but it's hardly objective.

[mr.ton]

Why is it not objective exactly?

Contrary to popular myth, the county courts are actually there to help/assist people (most of the time)

DCA's lie,cheat,bully,move goalposts & change payment amounts when they feel like it, as we all know.

So in most cases (not all i accept), the intervension of a county court can be a good thing in that the matter is sorted out based on what is best for the OP & the DCA is powerless to do/say otherwise.

In this example, Lowells are notorious & hardly have a good reputation on here, so would you really trust them not to pull a fast one on the OP once F & F has been made?

I certainly wouldnt

[sequenci]

Are you certain a county court would be the best place to go for anyone who is a homeowner? Hello forthwith judgment!

 

incidentally, there are ways and means to make a F&F binding. It's an easy process.

[IdaInFife]

who actually wants to have a ccj tho?

[mr.ton]

Is the OP a homeowner..it doesnt say 1 way or the other?

A CCJ is only a problem is you intend on trying to get credit for 6 years - even then, im not certain they make much difference (but thats a seperate debate altogether )

Like i said, if they want to make F & F then great/go for it etc....if not, then they dont have to for all the reasons ive stated.

[count orlok]

who actually wants to have a ccj tho?

 

I don't think anyone wants one, but having one is not always as bad as people would have you believe. Some of us have already lost our houses and are unable to work or get credit, so how can a CCJ make things worse? For a lot of people in debt could even help by setting an affordable repayment for enforcible debts and getting the creditors of our backs. A lot of times the DCAs threaten you with court, when it is they who should be fearing the courts. Once you realise that they have lost, and you have won

 

I've written to all my creditors inviting them to take me to court or make me bankrupt, but none of them will bite. I can't afford to do it myself so their intervention would help me out quite a lot.

[mr.ton]

I have had a CCJ in the past & i can honestly say that it made no difference to my quality in life in terms of getting credit etc...

I was still approved for things afterwards.

Im not suggesting thats the situation for everyone (before anyone bites my head off again)....but i do think there is alot of myth surrounding CCJ's.

Remember, it wasnt that long ago that everyone thought that DCA's had powers over the individual

[minmac]

I am not a homeowner. The reason I want to try to get rid of this is because I know I will have to pay eventually and I would rather not go to court for it as I have many battle ahead of me with other creditors, so I dont want to start another one that I know I am going to eventually lose.

 

I am going to offer £120, the very most I will let them bump me up to is £230, (I feel this is an amount I will realistically be able to achieve ).

 

If they dont accept it , it will be a £3pm payment. (after reading what count orlock wrote I counted all my creditors and decided that £5pm was too much)

 

Thanks fot the advice everyone I really appreciate it. xx

 

ps- I am a 'she'

[mr.ton]

OK, fair enough, but dont expect to get shut of Lowells easily - they will now see you as nothing but a cashcow.

I will leave my contribution towards this thread now...best wishes whatever happens....

[diskmandave]

I don't think arguing on thread helps the OP any.

 

Good luck minmac, don't forget to let us know how

you get on with our friends from Leeds..

[sequenci]

Some good info on F&F settlments:

 

National Debtline England & Wales | Debt Advice | Factsheet 24 Full And Final Settlement Offers

 

specifically:

 

REMEMBER

Make sure you keep copies of any letters you send.

 

-It is very important to make sure the creditor accepts your full and final settlement offer in writing. Make sure you keep a copy in case there is a dispute which can happen years later.

-Never send a lump sum payment before the offer is accepted.

-It is a good idea to get a third party such as a friend or relative to send the money on your behalf. This helps your agreement to be more legally binding if the creditor accepts the money via a third party.

-If you are settling a debt that is large or particularly important, you could have a formal agreement drawn up by a solicitor and signed by you and the creditor. This is not normally necessary

[minmac]

Thanks, I didnt realise if it came from a 3rd party it makes it more binding. Now the biggest problem is finding someone who still has a cheque book. lol. (I live in a small industrial town and I dont think I know anyone who hasnt had to open a basic cashing account this year! lol).

 

Mr ton, these idiots definitely wont be seeing me as a cashcow, the absolute max they will be getting from me is £3pm if they dont want my FnF.. Like I said I have so many other creditors that I am starting battles with that I know have no ccas I just dont want yet another fight when I know it will be an uphill struggle that I will lose. Thanks for your input tho, I appreciate everyones comments and opinions.

 

So everyone I will let you all know the outcome - when it arrives. xx

[sequenci]

Thanks, I didnt realise if it came from a 3rd party it makes it more binding. Now the biggest problem is finding someone who still has a cheque book. lol. (I live in a small industrial town and I dont think I know anyone who hasnt had to open a basic cashing account this year! lol).

 

They could make a manual payment from a bank account or 'phone up with a debt card etc. You just need to ensure that all the negotiations are in writing prior to the payment being made.

 

On it's own accord, a F&F settlment isn't actually legally binding - the law covering these things goes back as far as 1602(!). A written agreement + payment via a third-party is the way to go for sure

[oneofakind]

Good luck. Hope they agree on something reasonable.