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Full and Fnal offer refused


gem-100
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I have made full and final settlement offers to all 6 of my creditors, two have accepted, two have refused and I have yet to hear from the last two. I offered 25% of the debt balance to all after taking advice. One flat refusal I received stated that I could either pay the full amount owed with a reduction of 500.00 pounds, the debt total is 10k, or I can pay the 25% as a lump sum to reduce the balance down and then sort out a repayment plan. The full and final settlement sum is being lent to me by a friend who is concerned about my wellbeing as my health is now suffering due to all the stress this is causing me, and is on condition that the money is only for the purpose of clearing my debts and not as part payments or for any other purpose, infact my friend is paying the agreed amounts to my creditors as and when a satisfactory letter is received and on the understanding that the balance will be written off and not pursued or passed to any third party for collection, and these payments will come from their bank and not mine, so I have no control over this. I really would welcome any advice on how to proceed with the refusals, and if it may be worth me requesting they reconsider their decission, also I have spoken with one of the creditors this week (I know it is not recommended on here but the only one's who have agreed the settlement have been the one's that I have been in discussions with on the phone) however they have said they have not received the offer and are not obliged to let me know if they receive it or not?, and can infact ignore the offer?, I ofcourse questioned this as someone who is out of work, on jobseekers as only form of income, and not in good health at the moment (as all disclosed in the offer letter) and asked is it then considered to be in order that they should dismiss my situation totally and yet still send me threatening letters of the debt to be past on to a local debt collector who may call at my home to obtain full repayment, I explained that under no circumstances would such a visit be welcomed or invited, I was told I could always turn them away, I again said it was a pointless excercise then in sending them in the first place, the person did actually back down on what they had said once I questioned his knowledge of the lenders code of practice that they would have signed upto, I was asked what the settlement sum was that I had offered, and said the amount and was 25%, he said noway would they accept such a low offer, but would accept 85%, I explained that I did not have 85% to pay them, I then asked how much would they be selling the debt on for then?, I suggested 10%?, this point was not argued, I said I cannot see how they can turn my offer down only to accept a much smaller settlement when the debt is sold on and in the process put me through all this. Anyway any advice would be greatly appreciated, please note that I have not given out too much detail here as I am sure there are visitors here from time to time. PS, all calls are truecalls :-)

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Hi Gem

 

Any of the Creditors who don't agree to your settlement %, just pay what you can afford too, even the token £1 a month. If you get any debt colletors call, just tell them to leave, if they refuse call the police. They have no rights at all.

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Hi Gem good to see that you have had some responses.

Theres no hard and fast guides on this,and many things are taken into account from the balance owed to the age of the debt and whether theres been any acknowledgements etc etc.

Given your circumstances,I think you are aware of a DCAs responsibility in dealing,both from OFT guidelines,CCA,and CSA codes of practice.

They are obviously not obliged to accept offers from you for settlement discounts for F & F,however they must take your ability to make repayments into account when pressing for payments.

I would be interested to know who accepted and who didnt-along with the amounts due,the original Creditors,and the age of the accounts.

You are correct to say that here is no place to announce it while you are in negotiating state.

Perhaps you can send this info via the report icon to site team,or else pm to me.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Have you CCA'd them (where relevant)? You might find that they are attempting to collect without the legal right to do so. Have they added charges/interest illegally/unfairly? Reclaim those charges and reduce the balances before offering a F&F.

 

If you are sure that you owe the money they're requesting and that they're collecting legally, then, if considering making an offer again (don't increase the amount) to those who have so far refused, I'd be inclined to make it crystal clear that:

 

1. You're on benefits and can therefore offer only a token £1 a month payment by standing order if they don't accept F&F

2. The offer of F&F is open to them for no longer than 28 days from receipt of your letter - after which, £1 token payments will be made.

3. Send your letter(s) recorded delivery - at least you'll know that they've been delivered and it costs £1.15 a time (I'm on benefits too and I can manage that if I budget carefully!)

4. Keep a copy of everything you send, plus receipts for postage.

5. Make sure that any offer letter you send is correctly worded so that they can't sell the alleged debt on or attempt to collect at a later date. Might be worth posting what you intend to send here and people can advise.

 

My reasoning for the above is that most creditors would prefer a one-off payment rather than £1 a month over a period of 3,000 years ;)

 

Good luck!

 

H. x

Please note, I am not professionally qualified in legal matters. Should you have any doubts, you should contact a legal expert.

However, I can and will help with matters regarding payroll as I am fully qualified.

 

If I've helped in any way, you're welcome to click on my "star" and thanks, but I gain the most satisfaction simply by helping/reassuring :O)

 

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