Without Prejudice letter

[Sacha1969]

Hi,

I don't know if I am just being cynical but

 

I have been dealing with a DCA over an alleged wages overpayment debt from 2007,

 

I wrote to them and made a F&F offer, they refused it,

 

I wrote again upping the offer to the maximum I could afford

and they wrote back telling me what they would settle at,

 

after speaking to my hubby he has agreed to pay this off,

 

my problem is that they sent their e-mail (this is how we have been corresponding)

 

with the words Without Prejudice at the top,

 

does this mean that they can still chase the rest of the 'debt',

 

or can I pay it and be done with the 'debt'?

 

Thanks

[SabreSheep]

Wel ldone for at least checking on the terms without prejudice.

 

1) Never phone a DCA. Stick to post and Email only.

 

Think a hole may have been dug here which you may have to climb out of.

 

Someone will advise you how to unwind this.

[SabreSheep]

But dont worry, the peeps here are good

[Sacha1969]

Thanks for the reply,

 

I'm just not very trusting with these people and wanted to know even though they have stated that the payment

 

, if made by me, would be in full and final payment of the 'debt' could they chase the rest in future

because of the wording of their e-mail?

 

They even addressed the letter that they also sent, to an old address,

 

despite my true address being on the last letter from them

 

and them e-mailing me recognizing my new address!

 

So distrusting these days

[renegadeimp]

The wording must be specific if they are to agree to a full and final settlement figure. Also, you should NOT pay the DCA but pay the creditor instead. If the DCA is accepting a low figure, then so will the creditor.

[Sacha1969]

I've tried contacting the original creditor and they wont respond other than to tell me it has been passed to XXXXXXX, I am fed up fighting them and am prepared to pay what they have stated, I just want to know how the letter from them should be worded so that they can't come chase me in future for any more? Why should I not pay the DCA, I don't understand?

[renegadeimp]

If the original creditor doesnt want to deal with it, then they dont want the money. Tell the DCA to bog off. They have no legal rights anyway unless they bought the debt.

[oleg]

Would this not have become statute barred in 2013?

[renegadeimp]

It would have if the OP hadnt have sent express written acknowledgement to it before the SB date. However, i dont think the OP confirmed any dates yet.

 

It does sound fishy. For example, a Debtor allegedly owes a creditor £10000. The creditor then sends it off to a DCA who for some reason is willing to accept a reduced settlement of £6000. Now, why the 4000 drop since the DCA has no legal rights to do anything, and why wont the Creditor accept that money direct?

 

Theres something very clearly not right here.

[Sacha1969]

http://www.consumeractiongroup.co.uk/forum/showthread.php?379947-Debt-due-to-overpayment-of-contractual-maternity-pay&p=4388930#post4388930

 

This is the whole story, so long to go into

 

They sent the debt to a collection agency as I refused to pay a debt that i didnt agree with.

 

I am out of the country and couldnt get to court,

but i am moving back and dont want a debt over me,

 

I wrote to them and offered F&F and after a couple of e-mails back and forth they came up

with a figure from their 'clients' saying that they were willing to compromise and accept this,

 

I am willing to pay this to get them off my back, its the government

and i really dont have the energy anymore to fight them every step of the way,

 

I just want to know if they write to me with the heading 'without prejudice'

saying that they are willing to settle in full for the amount they say

and that they will take no further action if that would be true the company is Coltman Warner Cranston.

I know its fishy, the whole thing has been fishy from the beginning,

they didnt tell me for 12 months that i had been overpaid, by which time i was on a career break,

but i just want it sorted before i move back to the UK.

I will try the pay services again and see if they have agreed to the settlement.

Thankyou for all the replies

[oleg]

As I said before this could be statute barred since last year as long as 6 years passed during which you didn't acknowledge the debt in writing. In that case,

one simple letter would knock the debt on its head and noone can legitimately chase you any more.

 

However, you have not supplied us with dates or confirmed six years of non-acknowledgment.

[Sacha1969]

No, I acknowledged part of the debt as I do owe part of the debt, although it was their mistake from the beginning as the overpayment was down to their error, even after querying it they told me that I had been paid correctly. It is definitely not statute barred. I thought that they had recovered the true overpayment from the last payment of maternity pay but wasn't until a year later when they sent me a breakdown that i realised they hadn't. I have e-mailed pay services again to find out if they know anything about this reduced payment amount, am waiting to hear back from them now.

[Sacha1969]

Just to be clear, I e-mailed the DCA offering to pay the amount of the debt that I actually owed in F&F settlement, they wrote back saying that they would have to take advice from their clients, that took 4 weeks, they came back saying that their clients would accept 85% of the total debt, I wrote back saying that was too much and re-iterated that I only actually owed them nearly 40% of the total they sent me and offered this again, they have now written back and offered to settle for 60% in full and final settlement, no more correspondence blah blah will take you to court! I can't go to court as not in the country and they know this.

[renegadeimp]

in MY personal opinion, you are being cash cowed. I still want to know why the OC doesnt want the money direct.

[Sacha1969]

I value all your opinions, that's why i am on here, to get help but i'm sorry i don't understand 'cash cowed'?

[renegadeimp]

http://en.wikipedia.org/wiki/Cash_cow

 

Except they are doing it to a person.

[SabreSheep]

Wait a minute guys.

 

She said government was oc. Statute barred may not apply

[renegadeimp]

umm.

 

I have been dealing with a DCAicon over an alleged wages overpaymenticon debt from 2007,

 

I see where you said:

 

I am willing to pay this to get them off my back, its the government

and i really dont have the energy anymore to fight them every step of the way,

 

But that should still fall under employment rules, as it isn't anything to do with benefits etc.