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Taking a Deep Breath

Help please with full and final offers

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Hello,

I have credit card debts that are unsecured.

They are with debt collectors including Cabot, Robinson Way, Moorcroft etc.

 

I cannot describe to you how down I have been.

I can hardly lift my head.

I don't answer my mobile they keep phoning.

 

A family member may be in a position to assist but she wanted to know how much in total would be required for a full and final.

 

If we paid, would that be the end of it?

These debts are years old and my bank account (basic) shows my balance is very low with missed payments.

 

What is the minimum % they will accept?

Do they all have to take the same percentage?

I would love to be able to sleep again without feeling so sick.

Thank you.

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Slow down and don't panic. Remember that you are just one of tens of thousands of people who find themselves in the same position every year.

 

Anxiety, depression and debt often come together. Those suffering need to sort out their health first of all as that is far more important than any debts. So if you have not seen your Doctor, then you should think about doing so.

 

Your family member can help you better supporting you with help and not their money. The help might simply be sending letters for you to obtain information from those chasing the debts.

 

You don't need to make any full and final settement offers at this stage and should not do so. There are other ways to deal with your debts.

 

Can you please provide the following information.

 

Debt no.1 -Cabot What debt are they chasing ? I.e. name of original Bank or company you had an account with ?

Type of debt ? ( e.g credit card, current account overdraft, loan )

Approximate date you took out the account with the original Bank or company ?

Approximate date you last made any payment for this debt ?

Approximate amount of debt being chased ?

 

Debt no. 2 - Robinson way ( provide the info to the same question as asked for Debt no.1

 

 

If you can list all of your debts with the information then we can tell you the best course of action.


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please don't blindly pay a DCA anything!!

 

you don't even know if they are legally entitled to it

nor if the debt are even enforceable

 

a dca is NOT A BAILIFF!

they have

NO SUCH LEGAL POWERS

 

never ever talk to them about your debts

they'll lie thru their teeth to get you to pay them

when you might owe NOTHING

 

writing ONLY

block them ALL on your phone.

 

go use that money to have a holiday

don't waste it paying of cash cow debts

you might as well burn it for all the good paying your debts will do

 

dx


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Good morning,

 

If your family member is in a position to help you to settle these claimed debts in full and final settlements, then I would say that your best course of action to take is as follows:

 

(i)Firstly, don’t speak on the phone with any of these dca’s;

 

(ii)Secondly, don’t speak on the phone with any of the original creditors;

 

(iii)Thirdly, send a written request to each original creditor requesting that they provide you with a copy of the agreement pursuant to s.77 CCA 1974 (The Consumer Credit Agreement Act 1974 (as amended), you must include a fee of £1.00 for each request, send these written requests by recorded or special delivery (Royal Mail), this will provide you with proof of receipt;

 

(iv)Fourthly, send a written letter to each of your original creditors and inform them that a family member may be in a position to help you to settle the claimed debts, which you do not admit liability for, by way of full and final settlement payment and without prejudice to your entitlement to repayment of any ppi on the credit agreement, and ask the original creditor to put in writing the amount of the outstanding balance which he claims you owe and to state a sum amount that he would be willing to accept in full and final payment of his claimed debt.

 

(v) Do not, I repeat, do not, speak on the phone with the original creditor to discuss a full and final settlement payment! Don’t speak to them on the phone at all!

 

(vi)Do not, I repeat, do not, speak on the phone with any of the dca’s to discuss a full and final settlement payment! Don’t speak to them on the phone at all!

 

(vii)the dca’s do not have any power and they do not have any standing to bring any legal action against you. Keep all the letters and the envelopes they come in sent to you by the dca’s, but do not respond to them!

 

(viii)Once you have an acknowledgement in writing from the original creditor that he is willing to consider a full and final settlement payment, or, he states how much he is willing to accept in full and final settlement payment, you will then be in the position to either make the settlement payment through your family member under cover of a letter that cross-references the creditor’s letter agreeing to accept that sum in full and final, or, you will be able to make a written counter-offer that is within your family member’s budget to settle the claimed debt.

 

(ix)Do not, I repeat, do not, send any cheque payment in full and final until you have the original creditor’s written agreement that confirms he is willing to accept the sum of money in full and final payment so as to settle the account, close the account and the balance marked as ‘0’ on your credit files!

 

Easy to say, I know, but please try not to let yourself worry about these claimed debts and the nasty dca’s, we are all in debt and your life and our lives are the most important thing to think about and concentrate on, you will get through this deeply distressing and upsetting episode in your life and you are going to be just fine.

 

We all face challenges in our lives, some face more than others, and we all need a little help from our friends and neighbours and of course our dear families, I, and I am certain that other Cag members will too, help you and support you through this matter and ‘hold your hand’ out here in cyber space and be with you in spirit and guide you all the way to help you bring an end to this matter that is legal and binding on all your original creditors.

 

Hang on in here, and I too would suggest that you make an appointment with your family GP and ask him/her to prescribe some medicine that will help to take the edge of the anxiety and stress you are suffering from, and maybe even a short course of sleeping pills to help you get a proper night’s sleep and rest.

 

This may take a little time, but it can be done, but it must be done properly so as to secure a legally binding full and final settlement agreement between you and all your original creditors.

 

Take care.

 

Haunter

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