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    • 05.05.24 Ever so sorry if I have entered this in the wrong part of this website.   My grandfather is in his 70's and retired.  He asked me to help him find a work pension that he was paying into when he was working. From 1967 - 1982 he worked for a Fabric Dying Company, Celanese, Spondon Derby UK. I have already used the GOV.uk Trace Pension Scheme. It listed a few pension companies : Akzo Nobel (CPS) Pension Scheme formerly Courtaulds Pension Scheme.  I do not fully understand how this works but I think this scheme is administer by a company called Willis Tower Watson. We have called this company, got through to the pension department submitted all my grandfather's details (D.O.B. , N.I. no. etc.) but that agent tells that they have no record of my grandfather and ask what is the name of the pension scheme. Here is the problem, his home was burgalled in 2005 and a briefcase which contained his legal documents was stolen. So he does not know who was the Pension Scheme company. I have a this phone number 01332 681 210 for Celanese but it just rings and never gets answered. So I am asking for help if anyone can tell us where we can try next. I am also hoping for a massive long shot that one of them members on this website, worked for or knows someone who worked for British Celanese Spondon Derby and could tell us of any pension company. Thanks for any help.
    • Well I sent them the letter of claim, the only responses so far was a few emails reopening the claims on the parcels where they asked for information such as proof of value (which I get) but other things like photos of the parcels, which I haven't got as I never took photos of them. It's been well over the 14 days since I sent the letter now anyway, so what do you think I should do now?
    • Know it has already been answered, but? Does not explain why JCI has registered a different default date when they get the information from the original creditor, Virgin
    • Since you were stopped at the time there is no requirement for the police give you anything there and then or to send you anything before they have decided how to deal with the offence.  They have three choices: Offer you a course Offer you a fixed penalty (£100 and three points) Prosecute you in court  The only option that has a formal time limit is (3). They must begin court proceedings within six months of the date of the alleged offence. Options (1) and (2) have no time limit but since the only alternative the police have if you decline those offers is (3) they will not usually offer a course beyond three months from the date of the offence and will not usually offer a fixed penalty beyond four months from that date. This is so as to allow time for the driver to accept and comply with their offer and to give them the time to go to option (3) if he declines or ignores it.  Unless there is a good reason to do otherwise, the action they take will usually be in accordance with the National Police Chiefs' Council's guidance on speeding enforcement. In a 40mph limit this is as follows Up to 45mph - no action. Between 46mph and 53mph - offer a course Between 54mph and 65mph - offer a fixed penalty Over 65mph - prosecution in court So you can see that 54mph should see you offered a fixed penalty. Three weeks is not overly long for a fixed penalty offer to arrive. As well as that, there has been Easter in that period which will have slowed things down a bit. However, I would suggest that if it gets to about two months from the offence date and you have still heard nohing, I would contact the ticket office for the area where you were stopped to see if anything has been sent to you. Of course this raises the danger that you might be "stirring the hornets' nest". But in all honesty, if the police have decided to take no action, you jogging their memory should not really influence them. The bigger danger, IMHO, is that your fixed penalty offer may have been sent but lost and if you do not respond it will lapse. This will see the police revert to option (3) above. Whilst there is a mechanism in these circumstances  to persuade the court to sentence you at the fixed penalty level (rather than in accordance with the normal guidelines which will see a harsher penalty), it relies on them believing you when you say you did not received an offer. In any case it is aggravation you could well do without so for the sake of a phone call, I'd enquire if it was me.  I think I've answered all your questions but if I can help further just let me know. Just a tip - if you are offered a fixed penalty be sure to submit your driving licence details as instructed. I've seen lots of instances where a driver has not done this. There will be no reminder and no second chance; your £100 will be refunded and the police will prosecute you through the courts.
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Full and final settlement - payment method


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Very dodgy stuff. Hope you know what you are doing. Personally I would never ever pay a DCA.

 

Um, I have no idea what I'm doing actually. How should I pay this then? Could I offer it to the original creditor instead and bypass the collector? It has only just been passed over.

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I read stacks of posts every day so I am sorry but I have no chance of digging out the reference for the following...

 

But I did read somewhere that if you can get a third party to pay a F&F settlement it carries more weight.

 

A cheque would be my weapon. With "Payment in Full and Final Settlement of Account XYZ" written on the back. Scanned and archived for your own records...

 

EDIT - see Brigs post #6. And apologies for the bum steer...

Edited by Bandit127
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Um, I have no idea what I'm doing actually. How should I pay this then? Could I offer it to the original creditor instead and bypass the collector? It has only just been passed over.

See my post above. And read and understand the following information.

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=24_full_and_final_settlement_offers

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Third party F&F payments are fraught with problems and have to be very carefully carried out, sending a 3rd party cheque for payment without haveing explicit agreement that the terms of the F&F have been accepted by the creditor, can lead to the money being credited to the account literally as a gift and the pursuit of the balance continues as normal.

 

UNLESS YOU HAVE THE CREDITORS EXPLICIT ACCEPTANCE OF THE OFFER IN WRITTING DO NOT SEND ANY PAYMENT, advice to do otherwise will cost deasrly.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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Third party F&F payments are fraught with problems and have to be very carefully carried out, sending a 3rd party cheque for payment without haveing explicit agreement that the terms of the F&F have been accepted by the creditor, can lead to the money being credited to the account literally as a gift and the pursuit of the balance continues as normal.

 

UNLESS YOU HAVE THE CREDITORS EXPLICIT ACCEPTANCE OF THE OFFER IN WRITTING DO NOT SEND ANY PAYMENT, advice to do otherwise will cost deasrly.

 

No, I will not be sending any payment without express written agreement. I have drafted the letter based on the National Debtline Template and will await written acceptance before anything.

 

So, if I get the written acceptance to my terms, will this be sufficient to safeguard me?

 

The outstanding amount is only £497 and I'm going to offer £250. If they really do do a dirty, at least it's not thousands.

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Never just send a cheque marked '' in full and final settlement'' agreement MUST be two way and made in wriiting acknowleding the terms of the settlement being binding on both parties, it is the sequre.

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It is not just a case of money involved. You are also resetting the SB debt and you are also acknowledging the debt. You need it in writing that it is F&F and that the account will not be passed on. You also need to know that they own the debt, many don't. It can be a minefield if you get it wrong. I'd suggest you are a long way from writing a cheque on this one. Furthermore I doubt your CRA file will improve, especially if it's marked 'partially settled' so you will be stuck with a poor CRA file. Any particular reason you want to settle it?

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It matters no who ownes the debt, as long as the acceptance of the terms of the offer are accepted i writting.

 

This why the terms must be confirmed.

 

No F & F will drastically improve rating unless all adverse date is remove.

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Thanks for your repsonses. I would like to clarify that this debt has not been recorded on my credit file at all. I want to settle it so that it never does. The settlement I will be offering is just in the hope that I can save a couple of hundred off the balance, but I am prepared to pay the full amount if I absolutely have to. My credit file matters more right now.

 

So, in essence, if they do pull a fast one it doesn't make that much difference other than I will have to pay the full balance. But, I would like to avoid it if I possibly can.

 

I've probably answered my own question in this response actually.

 

If it doesn't matter, I should just send a letter based on the National Debtline template and get their acceptance in writing, then just pay by cheque with the F&F declaration on the back.

 

If I pay by cheque, I will have to sign it though and I don't really want them to have my signature. Would bank transfer work just as well if I have the written confirmation?

Edited by pure*destiny
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What sort of debt is this there are some tyoes that don't get reported to the CRAs?

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It's a utility bill.

 

The DCA has mentioned court action, but nothing about it affecting my credit report. This is from 2006-2007.

 

Although the debt is old, I have been informed by the suppliers that I still owe this. I lived at the property during the supply dates and then moved out without telling them my address as I thought it was paid already.

 

I recently put myself on the Electoral Roll and the DCA contacted me.

Edited by pure*destiny
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Here is the email I have just recieved from the DCA:

 

---------------------

 

I write with regards to your recent communication concerning your aforementioned accounts.

 

Whilst our client is prepared to accept a settlement on this account, the minimum they require is 65% of the balance on each of the accounts listed above. We are prepared to accept £320.00 on account reference number --- and £19.00 on account reference number ---. Total one off payment for both accounts we can accept is £339.00 as full and final settlement.

 

If this is acceptable to you please send your remittance directly to this office within seven days, quoting the reference number detailed above.

 

-----------------------

 

This was sent by email. Is this acceptable or should I get them to send this by letter?

 

Also, they did not mention anything about this not affecting my credit report, which I did state as my terms of settlement. Should I clarify this also?

 

Thanks in advance.

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OK so this is not showing on CRA files, so it may be that a default was placed by the supplier and has now been removed as 6 years has elapsed.

 

If there has been no payment or written acknowledgment of the debt in 6 clear years you have no need to offer anything as the debt is statute barred and cannot be enforced.

 

Any money you do pay will just be a gift to a sly debt collector, it cannot go back on your credit filed so I am going to pm you a letter to send to the DCA.

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OK so this is not showing on CRA files, so it may be that a default was placed by the supplier and has now been removed as 6 years has elapsed.

 

If there has been no payment or written acknowledgment of the debt in 6 clear years you have no need to offer anything as the debt is statute barred and cannot be enforced.

 

Any money you do pay will just be a gift to a sly debt collector, it cannot go back on your credit filed so I am going to pm you a letter to send to the DCA.

 

Okay. Thanks. I appreciate it.

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I've just double checked my credit reports and there is no sign of this dating back to 2006. I don't think they've ever pursued this until now. Also, the supply dates were from 26/07/2006 - 03/07/2007 so the 6 years isn't up until next year.

 

If they haven't pursued this until now, can they now take action in court? Also, have I already acknowledged the debt by making an offer of settlement?

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I've just double checked my credit reports and there is no sign of this dating back to 2006. I don't think they've ever pursued this until now. Also, the supply dates were from 26/07/2006 - 03/07/2007 so the 6 years isn't up until next year.

 

If they haven't pursued this until now, can they now take action in court? Also, have I already acknowledged the debt by making an offer of settlement?

No the can't take actio in court or replace an entry on your credit files, the supply date would not matter it's the date the default was placed which must be more than 6 years ago as it's not on file back to 2006, so the date of the cause of action must be prior to the default date.

 

Send th PMd letter as is, my guess is that the ''offer'' they would accept is pure greed hoping you are unaware of the Limitations Act .

 

The letter will not start the SB clock again.

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UPDATE:

 

I have been communicating with BRIGADIER2JCS through private messaging and thankfully he has helped me to avoid a very sticky spot with this settlement.

 

In short, the settlement offer was retracted because the DCA finally disclosed that a default had already been applied to my credit report. The default is not showing on any of my reports, so it does appear that it has fallen off already. I only wanted to make a settlement to avoid a default.

 

Based on this new information, it became obvious that they were simply trying to get some money from me so that they could mark the default as settled and restart the 6 year time bomb again.

 

I have now sent them a final notice of non-acknowledgement and will seize contact.

 

I have realised from this experience that these DCA's are very sneaky and will say anything to get you to pay up. British Gas were less than helpful and I have lost complete faith in them.

 

To anyone else who is experiencing a similar problem, seek advice from those helpful advisors on this forum. Without their assistance, I would have inadvertently started another 6 year clock by just trying to do the right thing. Go figure. :)

 

Just to sum it off. I recieved news today that my CCJ has been removed - a week early at that. I also managed to upgrade my basic account with Lloyds to a FULL current account. Things are looking up and I owe much of it to everyone on here. So thanks to all of you.

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Now you know, and so does everyone else, that F&F settlements can be a minefield. Even more so if a DCA is involved.

 

Couldn't agree more.

 

You think you are doing the right thing by taking responsibility, but really you are shooting yourself in the foot - and the head.

 

I can't believe how close I got to messing everything up. Thanks Brig...

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