Full & Final Settlement offer advice on how to clear asap

[totiesquoties]

??? This is my thread that you wrote on???

 

sorry horsmad1 one, please forgive me, new to this website, only joined 23.6.10.

must have gone in wrong box. apologies.

[zingy]

sorry horsmad1 one, please forgive me, new to this website, only joined 23.6.10.

must have gone in wrong box. apologies.

lol.

 

Looks like you're a little confused totiesquoties. The thread is what you are writing on and when you submit a reply you place a 'post' on the 'thread'.

 

You'll need to unsubscribe from the thread in order to stop receiving updates via email - they're not PMs (private messages).

[horsemad1]

sorry horsmad1 one, please forgive me, new to this website, only joined 23.6.10.

must have gone in wrong box. apologies.

 

Aww bless you, dont be daft, was just a bit confused by what you meant, anyway no worries. Good luck with Lloyds, keeping evertything crossed for you.

[horsemad1]

hi horsemad1, yes I have written to them but they are being obstructive to say the least. To the extent that they keep writing back in such a way as to look like they have addressed my complaint but never addressing the specific legal points including case law that have been quoted to them and which I have asked them to comment on if they feel that the account is not fully and finally settled.

 

Next step is to write specifically to their legal department and their chairman/CEO and then complain to the FOS and possibly department of fair trading. I also intend to write separately tot he CRA's and then if needs be proceed to legal action.

 

If I get any further feedback or developments I will keep all on CAG apprised. Will get there one way or the other, but hopefully sooner rather than later!

 

Yes, I think it's a little hard for them to fully comprehend that they have legally accepted your F&F without actually saying I accept. The advice I got from the Solicitors was to ignore any further correspondence from them to try to get them to take me to Court, can then go for strike out making it a condition that any erroneous data is removed from CRA's.

 

Mould has previously advised me to write to CEO of companies, but even he felt ignoring them was the best option, as I've managed to get rid of a lot of debt, relatively easily and for me that was what this was all about. I can at last sleep at night!! However, thats up to you and I would be interested to hear how you get on. Good Luck!

[horsemad1]

Hi horsemad1. 1st thank you to post nice thread in CAG. I have a bank overdraft 5K. I asked for cca. But they didn't send me anything yet. It is over an year since I disputed this debt. So far they sent 3 DCA. All are failed to provide me valid CCA. I got some cash now to pay off for F&F settlement. What the best way to negotiate with them for F&F settlement. Please advice. Thank you

 

It depends what you are hoping to achieve, if you just want rid of the debt asap but are not too fussed about your credit rating at the mo then this is a good way, but you may still have a fight on your hands to get your credit files cleaned up the way you want them and possibly for them to write off the balance. Legally, once they cash the cheque, the debt no longer remains, however getting them to accept this can be a whole diffrent ball game, but as with alot of things on here, you have to stand your ground and dont give in to them.

 

If you would prefer to get everything agreed in writing first before you send the cheque, then write to them with your F&F offer and wait to see if they agree, make it a clause in your offer that the money will only be sent providing defaults are removed once cheque cashed and ask them to confirm this in writing if they do agree. However, most of the banks/DCA's will only ever agree to marking your file as settled/partially settled. Good Luck with whichever way you decide to go.

[davidoneman]

do they have to provide a signed agreement for overdrafts ? im sure i read on here somewhere that if it goes over the limit they have to write to you within 3 months with apr or something like that and if they dont , they are not covered with the exemption for banks ? cheers dave

[horsemad1]

do they have to provide a signed agreement for overdrafts ? im sure i read on here somewhere that if it goes over the limit they have to write to you within 3 months with apr or something like that and if they dont , they are not covered with the exemption for banks ? cheers dave

 

They should but they will always say they don't have too. Have a read of 'Are overdrafts covered by CCA's' by gaznkaz08, you will get alot of useful info from there.

[davidoneman]

if i send an f & f offer to the ones who have not supplied an agreement yet is there anything i need to put so im not making myself liable ? cheers

[johnnymitch]

Why would you send an offer to someone who can't provide proof that you owe them anything dom............?

 

Unless they have an agreement , they can't do anything..... it's like me coming to you and saying .. "you owe me £5000.... I can't prove it , but if you give me £3000 we'll call it quits"

[davidoneman]

just to see if they accept a low offer and to remove all negative info

[totiesquoties]

lol.

 

Looks like you're a little confused totiesquoties. The thread is what you are writing on and when you submit a reply you place a 'post' on the 'thread'.

 

You'll need to unsubscribe from the thread in order to stop receiving updates via email - they're not PMs (private messages).

 

 

hi zingy, yes i did get somewhat mixed up there i can see that, thank you for explaining, everyone has all been so great and because of the legalities going on at present cannot post anything now, so that is why closed my post. thanks and good luck to you all on this great thread.8)8)

i will still keep reading this thread though, with great interest.

Edited July 14, 2010 by totiesquoties

[johnnymitch]

Your call DOM , but how do you know they've got the right to collect anything without an agreement ........

[horsemad1]

just to see if they accept a low offer and to remove all negative info

 

Oh they'll accept it alright, but you may still have a fight on your hands to get them to remove the negative info.

[johno23]

Alright Horsemad1

 

How you getting on with removing the default and nay adverse history off your credit file.

 

Johno

[davidoneman]

Oh they'll accept it alright, but you may still have a fight on your hands to get them to remove the negative info.

 

did u get them to sign anything to say they would remove it ?

so best thing just dont bother offering them money

[locutus]

davidoneman, if they cannot prove they have a contract, they also cannot prove that they have the right to record your information with the credit reference agencies... that route may be the quickest (aswell as cheapest!) way to get your default removed.

[davidoneman]

davidoneman, if they cannot prove they have a contract, they also cannot prove that they have the right to record your information with the credit reference agencies... that route may be the quickest (aswell as cheapest!) way to get your default removed.

 

 

so whats best write letter to them asking them to remove defaults as they dont have a signed credit agreement , do i send letter to barclaycard ( not the dca ) cheers

[locutus]

Write to Barclaycard, tell them as they have no agreement with yourself and are in default of the CCA you will report them to the information commisioner if they do not remove any information about yourself that they have registered with the CRA's. give them 14 days to comply.

[davidoneman]

Cheers will do , see how it goes

[locutus]

Here is a letter that you can just add bits to to explain why you want them to remove the adverse information.

 

http://consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/586-legal-notice-issued-under-section-10-of-the-data-protection-act-1980

[nodefaults2010]

thanks locutus, might take some of that and tailor it slightly for the letter I am going to fire off tomorrow to one of my ex-creditors.

 

What amuses me is the way they try to point blank denythe 3rd party payment was made in full and final settlement but choose instead to gloss over the legal detail and refuse to answer any specific points where it does not suit them. They must really think people are complete idiots. Well let's see their response when I mention taking legal action to remedy!

 

Does anyone else have any useful suggestions on laws/statutes they are contravening by not accepting the cashed 3rd party cheque (accompanied by clearly laid out 3rd party letter making the offer) I could quote in addition to that provided by locutus, in addition to the case laws on 3rd party cheques? i.e. any data or fair trading laws that might be broken by the ex-creditor because they are refusing to recognise a settled debt? thanks

[horsemad1]

thanks locutus, might take some of that and tailor it slightly for the letter I am going to fire off tomorrow to one of my ex-creditors.

 

What amuses me is the way they try to point blank denythe 3rd party payment was made in full and final settlement but choose instead to gloss over the legal detail and refuse to answer any specific points where it does not suit them. They must really think people are complete idiots. Well let's see their response when I mention taking legal action to remedy!

 

Does anyone else have any useful suggestions on laws/statutes they are contravening by not accepting the cashed 3rd party cheque (accompanied by clearly laid out 3rd party letter making the offer) I could quote in addition to that provided by locutus, in addition to the case laws on 3rd party cheques? i.e. any data or fair trading laws that might be broken by the ex-creditor because they are refusing to recognise a settled debt? thanks

 

Hi ND, Mould has always said that they believe that they actually have to have said I accept your offer to accept it, if you get what I mean and it takes a little time for them to actually realise, thats that, they will bluff and bluster - but what can they do? Legally, the debt no longer exists, added to that a dodgy or non existent CCA. I think its a case of wearing them down, once they realise, your not going to play postal ping pong and pay the balance no matter what they threaten, they will have no choice but to give up. Perhaps as you earlier suggested, write to the CEO of the Companies - it may at least make something happen, or if you want to take Legal action against them then go down that route, but then the onus is on you to prove everything rather than them....

 

If you were like me and thought once the debt was gone, the credit files would be cleaned up automatically and there would be no more chasing, then I was possibly a little niave to begin with. However, in reality I think the latter takes a little longer.

 

For all my debts, the only ones that are still hassling me are the ones that were still with the OC (only 2), all the ones that were with DCA's, I have heard nothing further, so as far as I am concerned thats it and I am going to write to the CRA's to enlighten them on this saga as they then dispute the info registered and have to take it up with DCA's on my behalf. For OC ones, I will try and shake it up with the CEO to see what they make of it all. Will post up any responses that I get.

[horsemad1]

Alright Horsemad1

 

How you getting on with removing the default and nay adverse history off your credit file.

 

Johno

 

Hi Johno, still working on it. I am under no illusion that this part at least isn't as easy as wiping the debt if they dont do it automatically... What about you?

[panther12]

I tried the F&F with egg (sent from a third party) but they returned it. The account is in the hands of a dca acting on behalf of egg. Can I try again with a F&F but this time send it to the DCA who’s acting on behalf of egg? They did state in their letter that if we make contact within 14 days they can offer a substantial discount for a mutually accepted one off payment.

[nodefaults2010]

thanks for the further advice, horsemad1, likewise I will keep you apprised of any developments with my creditors in relation to these 3rd party F+F's. best of luck with yours.