Full and final settlement help thread

whambam

stop all contact write to them and ask them for an original credit agreement and proof of debt validation, a contract, an invoice or debits/credits not statement.

These companies are making a fool of people its time we make a fool of them. They are thieves. They are already insured if you don't pay anything plus whatever you pay them its profit for them.

Go to a forum called getoutofdebt free . com read the success stories.

sourcrates

braveheart6612 wrote: »

Hi Everyone

Looking for some advice here. I've had a Next account since 2000 , I'm on a DMP with SC , I recently sent a CCA request , they have come back today saying that they have no record of receiving my original signed credit agreement and have enclosed blank copies of credit agreement , notice of variations and a copy of my most recent statement and have asked me to sign and return. What do I do next , is the debt enforceable?? My thinking is if I sign it they will enforce it ?? can someone help out cheers

Hi,

The account, currently, is unenforceable as you never had an agreement in place.

I would not sign it, instead, look at the agreement, in the small print either top or more likely the bottom, see if it is dated anywhere.

My guess, if it is, it will be recent, probably the last time an amendment was made.

Although there is no requirement for an agreement subject to a CCA request, to have a signature on it, it was usual practice, at the time, to obtain a signature to make an agreement valid.

The prescribed terms of the account should also be present.

It was common practice for catalogue companies to supply goods without obtaining a signed agreement, an account of this nature would be unenforceable yes.

Edit : the website described above promotes various scenarios for, let's say, "getting out of debt".
The so called "3 letter process" depends entirely on the creditor being able to provide evidence of a debt, or not, as the case may be.

The process is dependant on the response to letter one, it's the same as sending the "provit" letter, letters 2 & 3 have no basis in law, and have been completely trashed in court.

Despite what you may read on there website.

braveheart6612

whambam wrote: »

Put a defence up if they take you to court. Most of the time they will give in if you have a good witness statement and a good debt solicitor.

braveheart6612 wrote: »

Hi Everyone

Looking for some advice here. I've had a Next account since 2000 , I'm on a DMP with SC , I recently sent a CCA request , they have come back today saying that they have no record of receiving my original signed credit agreement and have enclosed blank copies of credit agreement , notice of variations and a copy of my most recent statement and have asked me to sign and return. What do I do next , is the debt enforceable?? My thinking is if I sign it they will enforce it ?? can someone help out cheers

Hi thanks for the great advice , there is a ref at the bottom 01/15 which I would reckon it was updated Jan 2015. Would you point out all of this to them hoping they will clear the debt or offer a reduced f&f

sourcrates

braveheart6612 wrote: »

Hi thanks for the great advice , there is a ref at the bottom 01/15 which I would reckon it was updated Jan 2015. Would you point out all of this to them hoping they will clear the debt or offer a reduced f&f

Ok,

So your agreement opened in 2000, so the copy you have, is obviously not from that time.

Are all the details correct ? Name, address ?

Prescribed terms, are they present at all ?

I.e. How you should pay and when, how much to pay, what interest rate is applicable, your credit limit ? Etc etc

braveheart6612

No they have no agreement whatsoever , nothing they have asked me to sign blank ones, names addresses , credit limit is blank also. They have attached the last statement.

braveheart6612

The interest rate is on the blank agreement along with how much they woukd vary it and what the percentage minimum repayment is

sourcrates

braveheart6612 wrote: »

No they have no agreement whatsoever , nothing they have asked me to sign blank ones, names addresses , credit limit is blank also. They have attached the last statement.

Right,

So what they have sent you does not comply with your sec 77-79 request for information.

No name, address or prescribed terms makes the agreement invalid.

Without a valid agreement the account cannot be enforced.

You should write and inform them of that fact.

braveheart6612

Thanks again for the advice ok will get onto it , cheers

krazykaz64

I have a DMP with Payplan which I have been on for 10 years... all debts are now with varying DCAs. Estimated remaining debt of £8,900.

I would like to clear this completely now and am in a position to do so

What is the best way to proceed to get settlement figures ? Is it better for me to contact the DCA myself ?

What are the chances of a discount with the following :-
Apex Credit Management
Cabot Financial
Paragon
Moorcroft
Hoist Finance
Fredrickson International
Santander

Thanks

sourcrates

krazykaz64 wrote: »

I have a DMP with Payplan which I have been on for 10 years... all debts are now with varying DCAs. Estimated remaining debt of £8,900.

I would like to clear this completely now and am in a position to do so

What is the best way to proceed to get settlement figures ? Is it better for me to contact the DCA myself ?

What are the chances of a discount with the following :-
Apex Credit Management
Cabot Financial
Paragon
Moorcroft
Hoist Finance
Fredrickson International
Santander

Thanks

Hi,

First thing is do a CCA request to each qualifying debt, (not ex bank accounts as different rules apply) ten years is a long time to keep paperwork for.

Then, dependent on the results of the CCA requests, and if they hold enforceable paperwork or not, offer the enforceable ones a sum around the 35% mark to start with, you can always negotiate upwards.

Dont expect your first offer to be accepted, expect to play some letter tennis with them.

Get everything in writing before parting with any money.