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Full and final settlement help thread

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  • fatbelly
    fatbelly Posts: 22,863 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Cashback Cashier
    You could potentially do either or both.

    Yes, if you do a proper request under s77-9 of the cca, then the account is unenforceable until they comply.

    I think the law is quoted in the standard letter

    https://nationaldebtline.org/sample-letters/information-about-your-agreement-under-consumer-credit-act/
  • sourcrates
    sourcrates Posts: 31,410 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    The 12 day limit is just guidance, in reality these things take much longer, months, even up to a year or more sometimes.
    You are correct in that the debt remains unenforceable until they do respond, yes.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • The 12 day limit is just guidance, in reality these things take much longer, months, even up to a year or more sometimes.
    You are correct in that the debt remains unenforceable until they do respond, yes.
    ive been waiting over 5years for mine, what are the chances of them finding it now?
  • Rob5342
    Rob5342 Posts: 2,416 Forumite
    1,000 Posts Third Anniversary Name Dropper
    The 12 day limit is just guidance, in reality these things take much longer, months, even up to a year or more sometimes.
    You are correct in that the debt remains unenforceable until they do respond, yes.
    ive been waiting over 5years for mine, what are the chances of them finding it now?

    Probably quite small, but there is always a risk that they might find it and that should always be pointed out to people so they understand the risks of what they are doing.


  • Rob5342 said:
    The 12 day limit is just guidance, in reality these things take much longer, months, even up to a year or more sometimes.
    You are correct in that the debt remains unenforceable until they do respond, yes.
    ive been waiting over 5years for mine, what are the chances of them finding it now?

    Probably quite small, but there is always a risk that they might find it and that should always be pointed out to people so they understand the risks of what they are doing.


    I presume there isnt a physical copy as i think it was done online, so its possibly just a computer entry somewhere?
  • xgingerx
    xgingerx Posts: 591 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    The 12 day limit is just guidance, in reality these things take much longer, months, even up to a year or more sometimes.
    You are correct in that the debt remains unenforceable until they do respond, yes.
    ive been waiting over 5years for mine, what are the chances of them finding it now?
    1 more year and it will be statue barred anyway if you haven't made any payments towards it 

    Dmp Mutual Support thread member No 82
  • xgingerx said:
    The 12 day limit is just guidance, in reality these things take much longer, months, even up to a year or more sometimes.
    You are correct in that the debt remains unenforceable until they do respond, yes.
    ive been waiting over 5years for mine, what are the chances of them finding it now?
    1 more year and it will be statue barred anyway if you haven't made any payments towards it 

    yes, a matter of months really. I certainly wont be reminding them that im still waiting :)
  • Hello - I'm looking at the National Debtline template letter and wondering what to include as to reasons why I cannot pay as normal. My DMP suggests it will be another twenty years to pay off the debts in full at the current offer rate, but I'm not sure if this will work? 
  • sourcrates
    sourcrates Posts: 31,410 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    Hello - I'm looking at the National Debtline template letter and wondering what to include as to reasons why I cannot pay as normal. My DMP suggests it will be another twenty years to pay off the debts in full at the current offer rate, but I'm not sure if this will work? 
    You don`t have to give any reason why you want to settle a particular account, if you don`t want to.

    Just roll the dice and see where it lands.

    In your particular case you could say that -

    "a 20 year DMP is far too long realistically, so it would be beneficial to all concerned if you would accept my offer to settle this account".

    You don`t need to go into intricate detail with this part.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • fatbelly
    fatbelly Posts: 22,863 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Cashback Cashier
    Yes. Simple commercial decision. Payment  of 1/240 of the debt each month for the next 240 months or 1/3 (bit less if you want) of the debt now and call it quits
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