Full and final settlement help thread

fatbelly

unicorndeva wrote: »

Hi all, I've checked through a few pages of this thread to get answers to my questions but could do with clarification on some things... hope that's ok!

We've been on a joint DMP for around 6 years now and have been offered some money by my step dad to try and arrange F and F's. I sent out letters last week and have started negotiations with two out of the many accounts involved.
Reading through this thread, I noticed info regarding obtaining original credit agreements.

My first question: is it worth asking for original CA's and supporting docs. now that I've made offers? My thinking is that if the debt is unenforceable I've more chance of getting them to accept the low offers I've made?

Second question: Is there a template letter I can use to ask for the credit agreements?

Sorry if these have been asked before but thanks in advance for any help offered!

There are links to sample letters in this factsheet

https://www.nationaldebtline.org/EW/factsheets/Pages/getting-information/credit-agreement-advice.aspx

unicorndeva

Thanks Fatbelly, do I just ask for the CA or do I specify that I need the terms and conditions including interest rates and repayment terms etc as well?
Also is it worth me asking for this info even though I've already made offers?

sourcrates

unicorndeva wrote: »

Thanks Fatbelly, do I just ask for the CA or do I specify that I need the terms and conditions including interest rates and repayment terms etc as well?
Also is it worth me asking for this info even though I've already made offers?

What you describe are known as the "prescribed terms".

These should automatically be included in your CCA request.

If your original agreement predates April 2007, and the prescribed terms are missing, then that alone is enough to make the account unenforceable. (this does not apply to accounts opened after this date, as that section of the act was repealed).

Its always worth doing, especially if your accounts are fairly old.

unicorndeva

Thank you Sourcrates

unicorndeva

Just one more question... are the accounts unenforceable (potentially depending on whether they can supply the necessary documents) even though I have been paying them via the DMP, therefore acknowledging that they exist?

sourcrates

unicorndeva wrote: »

Just one more question... are the accounts unenforceable (potentially depending on whether they can supply the necessary documents) even though I have been paying them via the DMP, therefore acknowledging that they exist?

Makes no difference whatsoever what has gone on before.

As long as a balance remains, and no legal action has been taken, you can make a CCA request at any time.

Makes no difference if you've been paying it or not.

unicorndeva

Out of interest, what happens if they don't respond within the 12 days?

food4thought1

hi all, I just had a letter of Jacobs debt recovery acting on behalf of the council for a flat I used to rent, which they claim I didn't move out in time but that's a long story (I owe £149 but that's now down to £111 with stepchange)
they refused to accept my plan (which ive been on with stepchange for the last 2 months paying £19 a month


they keep sending me letters with a plan to pay £19 every 14 days, I cant afford that which is why I went with stepchange


they say if I fail to make this payment and keep to this every 14 days paying £19 they will escalate this further


is there anything I can do to stop them sending threating letters like this?


I did ring them up today saying I got their letter, I also told them I have stepchange paying you £19 a month but they simply said sorry but the debt is not with them its with us kind of thing and to pay by the 6th of march the £19 every 14 days or else etc

sourcrates

food4thought1 wrote: »

hi all, I just had a letter of Jacobs debt recovery acting on behalf of the council for a flat I used to rent, which they claim I didn't move out in time but that's a long story (I owe £149 but that's now down to £111 with stepchange)
they refused to accept my plan (which ive been on with stepchange for the last 2 months paying £19 a month


they keep sending me letters with a plan to pay £19 every 14 days, I cant afford that which is why I went with stepchange


they say if I fail to make this payment and keep to this every 14 days paying £19 they will escalate this further


is there anything I can do to stop them sending threating letters like this?


I did ring them up today saying I got their letter, I also told them I have stepchange paying you £19 a month but they simply said sorry but the debt is not with them its with us kind of thing and to pay by the 6th of march the £19 every 14 days or else etc

I dont know why, but the smaller the debt, the more aggressively its chased.
For such a small amount of money, they are been unreasonable, i would just keep paying what your paying and dont look for there approval.

Avoid contacting them on the phone, keep everything in writing, a simple letter to whoever is writing to you, stating your working with stepchange, give them your ref number, say your paying what you can afford, and leave it at that.

food4thought1

yeah I did then when I first used stepchange, I sent an email with ref stating I started with them and intend to continue to pay using stepchange, but I keep getting demanding letters etc


is there a template or something I can send to them in writing stating warning them about their behaviour or something like that to stop them or at least make them think twice in sending out future letters?


I,m happy with paying £19 a month to stepchange as it gets paid off in 6 months, its not like I,m avoiding paying my debt so cant understand why they continue to do this