KeeKeeDee -v- BC Visa a/c

[keekeedee]

Thanks both.

Thought these would just be idle threats again. I have already claimed back charges before I requested the CCA and all this kicked off. There have been charges added from when I put the account into dispute and stopped paying them. I don't believe they should be doing this though?

 

I have had an offer of settlement, which was 35% of the balance, which I was happy to sort out and pay. As I said, what they would not do is mark as Fully Satisfied, after around 4 weeks of tooing and froing, being told this would be the case, it went right back to the start again.

 

I am calling them to day and informing them of this and putting in writing as the persistent calls are coming again.

 

You mention the DCA, what's this and how do I go about working with them, to finally get this sorted?

Thanks again.

[keekeedee]

This is a statement from my F&F

If you are able to pay the above figure by the date required, it will be acceptable in Full and Final Settlement of the debt and our client will write off the balance.

A Full & Final Settlement for the above states as:

A “partial settlement” flag is added to the record. The original default will remain for the 6 years but the current outstanding balance will be cleared to zero.

I take it not sensible to pay this then?:-|

[letsdothis]

I would try and negotiate your CRA showing as fully settled and not as partially settled.

 

Tell them that if they write back to you with;

 

1) Confirmation that the amount is in F&F settlement and will show fully settled

2) The debt will never be sold on or enforced at a later date by them nor anyone else

3) They mark your CRA as Fully Settled and not Partially Settled

 

They have a deal. They should give in, as the temptation to get your money is too great.

[keekeedee]

That is exactly what I did, took around a month for one of them to eventually say, that will be done, then when I received the actual letter, it said as quoted above.

 

I will go back again and try and get it settled. They are a bunch of...... ;-)

[slick132]

I don't think the DCA will negotiate on this, nor do I see why they should. A partial settlement marker is factual and accurate.

 

If the amount they are offering to settle at is acceptable to you, go for it.

 

Once you agree a settlement figure, knock of any further penalty charges that have been added since you last reclaimed them.

 

[citizenB]

I agree with slick, on top of which.. when was the default marker placed ? It is likely that it isnt going to be a full 6 years before it drops off

[keekeedee]

I've had them on the phone again, extending the date by which I can pay the F&F settlement until the end of this month, they are obviously keen for me to make a payment. They say there is a default on my file for around 6 months now, so be 51/5 years!

 

I said about BC not providing me with a suitable CCA, they told me in January things had changed and they only needed to provide me with a reconstituted copy of the CCA - as seen on the CSL web site. What impact does this have? Getting me confused now LOL

[slick132]

Hi KKD,

 

Things HAVE been clarified in the last year about how banks have to respond to a CCA request. They can continue to chase an a/c without having to supply a proper credit agreement.

 

Also, since the Carey case, we feel it's no longer advisable to take a bank to court seeking a ruling of unenforceability about a dodgy credit agreement.

 

But does any of this affect you reaching a F&F settlement agreement re your a/c.

 

Have you checked on what penalty charges have been added to the a/c recently so you can reduce the a/c balance before the 60% F&F is calculated.

 

[keekeedee]

Hi Slick,

 

Thanks. They did not offer me a F&F of 60%, they offered me a figure, which calculates at a discount of 60%.

 

Thanks

Keith

[slick132]

Sorry, I see now that you mentioned a figure of 35% in post #51 above.

 

Let us know how this goes.

 

[keekeedee]

Hi everyone,

Some good news I would think. I decided to scapre the money together and pay the Partial Settlement to BC via Credit Solutions. By the time the funds were sorted, I called and they said the file had gone back to BC!!!

Another debt management company took over, letters and calls started again, then a letter for substantially reduced settlement was sent. I left it for a whie then called. The debt on the card was a shade over £3600. They offered me 10% off, I refused. They offered 50% off, I refused, told them I would only pay £500, which I think they took as a bit of an insult!

They eventually agreed, that they would settle for a F&F of £1205, a 3rd of the balance that was on the card. I have done this and paid. So no more hassles from them. They have said my file is marked with Partial Settlement and I have confirmation from them in writing.

Do you think I have got a fair result?

Thanks

[slick132]

Hi KKD,

 

A 66% discount sounds good to me.

 

As long as you are happy with this, that's they important factor. I'm sure this is a hefty weight lifted from your shoulders and well done for negotiating with them so successfully.

 

8)