Full and Final Settlement Offers

[all]

This is my first post and I am looking for some advice.

 

I owe more than £30k attributed to various unsecured debt accrued before 2003.

 

The debt has been been sold on to Debt Collection Agencies.

 

They have been in touch through out the period and at some point I was paying a £1 nominal fee to them.

 

I have come in to some money and have offered them full and final settlement offers.

 

Some of them have agreed to it and I am still in discussion with others.

 

As the debt is older than 6 years it is no longer on my credit file.

 

If they agree to full and final settlement offers can they put this on my credit file showing part settled

or are they not allowed to do this since the debt has already been on my credit file and it's over 6 years. (I live in Scotland).

[Crocdoc]

It will not show on you credit file for a second time

[BRIGADIER2JCS]

If you have made No payments or acknowledgment in writing to some of these debts in 5 clear years in Scotland the debt is extinguished, if you have made payments each payment restarts the clock.

5 years is limitation in Scotland.

[renegadeimp]

Are all the debts you owe actually enforceable or have you reclaimed all penalty charges/PPI etc? You need to provide more info so we can check if you actually owe the money first. Never blindly assume a DCA is telling the truth. They very rarely do.

 

You also need to check the Statute Barred status of the accounts.

[dx100uk]

NEVER EVER PAY A DCA ANYTHING!!

 

you are in Scotland

was or has there been a period of 5yrs where by you did not pay on ANY of your debts?

 

TBH: F&F'ing any debt from 2003 is a WASTE OF MONEY!

 

dx

[Crocdoc]

I my earlier response,

I took into account that token payments had been made and therefore assumed (possibly wrongly) that SB would not apply.

 

The other point is that offers have been made and accepted on some accounts.

 

I do however accept that in this case it may have been wise to let sleeping dogs lie as the chances of court action in this situation is extremely remote to say the least.

[all]

Thanks for all your response guys.

 

In hindsight I wish I never had paid token payments or answered any of the letters.

I was in a job where I couldn't be made bankcrupt or even have a Trust Deed and decided to respond to letters

as didn't want them turning up at the doors of house or work.

 

Therefore the accounts are not SB.

 

All these accounts are no longer showing on my credit file.

 

All these accounts are from old credit cards and loans that were taken out between 2001 and 2003.

 

Is it still possible to claim PPI etc back on these accounts or is that opening up a can of worms.

[dx100uk]

no a VERY good idea

 

not got any £12 PENALTY charges either have you...

 

can I just check something..

 

there has not been a period of 5yrs with no payments has their ANY period.ANY time in the debt life

 

 

dx

[all]

I don't have any £12 charges - as far as I am aware. All of these accounts are with debt collection agencies and keep getting past from one to another. Last time I had any dealings with the banks who the accounts were with was in 2004.

 

There has been periods when there has been no payments of the token payments for more than 5 years. But there has been contact with the DCA and I have made offers on the accounts.

[dx100uk]

then IMHO you are being cash cowed.

 

send a CCA request off to everyone of the DCA's

 

do nothing more.

 

 

 

The Loan Company

 

Company House,

 

Church Street,

 

Newtown,

 

Kent,

 

R1 7HG

 

 

 

Dear Sir/Madam

 

 

 

Re:- Account/Reference Number 4563210025897412

 

I do not acknowledge any debt with your Company or Associates

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide, including a detailed statement of the account.

 

 

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

 

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

 

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection From Unfair Trading Regulations 2008 (CPUTR).

 

 

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

 

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

 

 

We look forward to hearing from you.

 

 

 

Yours faithfully

 

Mr A N Other

 

 

................

 

 

a dca is NOT A BAILIFF

 

they have NO SUCH LEGAL POWERS.

 

dx