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    • as they target commercial vehicles it isnt usually necessary to get the keeper details, they just demand money from the company that has their logo plastered on the side of the lorry. There is also different law surrounding their demands as the POFA doesnt apply and it isnt a consumer contract. You will unfortunately need to do a lot of reading up about these people as they ahve had mixed success in the courts so a bit of a lottery as to what bits of previous cases to use as being relevant.   However, the signage is on your side as ity mentions removal of vehicles, which means that unless the byelaws specifically allow it (and then the cost of removal doesnt necessarily ahve to be borne by the vehicle owner) then it is  unlawful and possibly illegal so that makes the whole contract void as it is a criminal compact   Proserve have a very complicated arrangement with the landowner and that means they have to pay the landowner for every trespass and then claim the money back form the vehicle driver/owner. in practicve they dont pay a peny in advance (can you imagine how long they would be inbusiness if they ahd to fork out hundreds of thousands a week with little prospect of recovering those advances?)   they also stop vehicles entering the docks if the company that owns it refuses to pay or has beaten them in court before despite not having any powers to do so. A vindictive, dishonest outfit.
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Stupidgirl_69

Full and Final Settlement - best to do it myself or leave to Payplan?

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Hi All,

 

Firstly may I thank you in advance for any help you can offer and apologies if I have posted in the wrong area!

 

I have around 8/9k of unsecured debt and am currently in a DMP with Payplan. In the near future (as soon as the house sells) I will be in a position to clear all my debts completely but am unsure about the best way to do this.

 

Should I pass it onto the Payplan settlements team or should I contact all my creditors and do it myself. I am worried that if I leave it to payplan that the settlements may not be full and final?

 

Is anyone in/has anyone been in a similar situation?

 

Many Thanks for all your help

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Guest Mrs Hobbit

I would not leave to Payplan. I have never had a DMP. My experience is my own and I have managed to make my own full and final arrangements if I have the cash to hand. I have found negotitating the F & F easy enough, the creditor has tried to squeeze extra, but when I said ok let it go to Court and I have meade you a very reasonable F & F, let;s see if the Judge thinks I have been fai. They accepted my F & F. I also made sure the covering letter I sent. spelt out clearly they accepted this as the final payment in full of the account and this fullfills and completes all my contractual obligations to them and in accepting the payment, they or any one else will not make any claim in the future against me, or my heirs.

 

I have always offered the principle borrowed , less all payments made plus 5% simple interest on the balance left owing.

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Thanks Mrs Hobbit :)

 

I thought it may be best to do it myself but the only problem I can see is that I have no idea how much to offer - I don't even know how much is outstanding. Would it be best to write to them and ask them for a figure (I will be in a position to pay full amounts if nessesary)

 

Many Thanks

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Guest Mrs Hobbit

Payplan should be able to tell you how much you owe and you should have all the statements as to what has been paid in the past. Fromn this information you should know your indebtedness to these companies.

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Hi...WELCOME.....as you are on a DMP,are we talking about credit card/storecard and maybe loan accounts if this is the case do no let Payplan negotiate F&F you can achieve lower settlements yourself.Start with very very low offers,but beware that they are F&F and not partial settlements that will appear with a DCA at a later date.Have you CCAd any of the accounts and is there any PPI involved,or any charges involved???????????????.......FS

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Hi FS,

 

Thanks for your reply - 1 loan, credit cards, bank account and a catalogue

 

No PPI, haven't CCA'd - TONS of charges on the bank account but had some back (settled years ago before I knew better).

 

To be honest, I just want everything cleared and to have a clean slate which would be soooo nice! Just waiting for the house to sell then everything should be good :D

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the loan,CC and catalogue you should be able to arrange,F&F with out to much trouble,to give you some idea I started at 20% and the CC company said no but offered to accept 30%.The bank account will probably be a little higher,but I repeat beware that should they agree to settle make sure it is F&F with no strings attatched......................best of luck......FS

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excellent attitude

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i did it at 10% but it depends upon your approach and circumstances.

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I would advise you that in any offers you make in writing DO NOT MENTION THAT YOU HAVE SOLD A HOUSE, this screams out that you have loads of cash.

Tell them that a relative has offered to help you.

Make sure that all the normal conditions are met in writing before parting with the cheque that ideally should come from a 3rd party.

Remember DCA's buy these debts for as low as 5%.

It is a good idea to CCA the creditors and see if the debts are enforceable if they are not then it makes negotiating any F&F offers that much easier.


I have no legal training, any knowledge I have has come from this forum, and my own experiences. Always balance up any advice you get with your own common sense.

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Hi

 

I have just read your posts above, I am currently paying monthly payments through Payplan and am aware of the settlements team. After the service I have received from Payplan so far, I would suggest staying with them to try a full and final settlement this way.

 

If you go through Payplan settlements team, they would do everything for you - write to all of your creditors to gain settlements or figures they would accept, and then offer your payment to all of your creditors on a pro rata basis. If you do the full and final alone, you would need to sort this out by yourself, and sometimes it brings on more pressure. With you already being with Payplan, you wouldn't have to set anything further up with them - just be transferred through to settlements who would deal with your lump sum on your behalf. If worse comes to worse and your creditors do not accept your offer through Payplan, you can then try yourself

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Thanks LoobyLoo,

 

The thing that i'm worried about by leaving it to Payplan is that they may not be in Full and Final Settlement.

 

Do you know of anyone had any experience with F & F though Payplan? x

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