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Full and final settlement help thread

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  • tigergambit
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    Current state of play:
    PP+ are managing the following debt (All payments suspended 01/08/2023 when CCAs were requested):

    Capital Resolve (ex Sainsbury's Bank) £2900 - CCA provided, F&F made - further details requested and provided
    Ikano Bank £630 No response, other than to default
    Moorcroft Group Plc (ex Santander) £3860 - Overdraft - F&F made, awaiting response
    PRA Group Ltd (ex Barclaycard) £5040 - See Below
    Santander Cards £2730 - No Response
    Tesco Bank £10,020  - CCA provided, F&F made, awaiting response
    NewDay £3,080 - Cannot locate CCA

    I have received the following "statement" from PRA:

    In order to comply with our obligations under the Consumer Credit Act 1974, we are providing you with this statement of your account.

    .........

    Statement (Closing balance £5144.14)

    .... blah, blah .......

    This account is currently classified as unenforceable, which means that we cannot take court action against you at this time, however please note the balance remains payable. if your account changes status and becomes enforceable we will notify you.

    .... blah, blah .......

    In the same letter they have provided the Barclaycard reference and Agreement date (2019).

    Am I correct in thinking that this is just a holding letter and that they will (in all liklihood) be able to come up with the CCA at a later stage?

    What is my best course of action?
    - Wait and see?
    - Make a F&F whilst pointing out that it is currently unenforceable?
    - Something else?

    As ever, all advice appreciated.

    TG
    did you suspend payment to pp or did they suspend payment when you told them you had wrote CCA letters.i posted 9 CCA letters today.3 I didn't cos 1 was an overdraft and the other 2 were only worth between £39 and £80 so didn't ask for CCA letters.
    I'm with stepchange making manual reduced payments on DMP for 3 months as I had a large emergency repair bill 
    I suspended payment as the creditors suspend the agreement on receipt of either CCA or F&F. PayPlan keep paying them otherwise. Quite a lot of explanation required to PayPlan and I'm still getting automated messages about missed payments but they have accepted what I'm doing.

    Obviously if New Day can't find the CCA I will go self managed but I'm waiting for all responses first.
  • stu12345_2
    stu12345_2 Posts: 1,222 Forumite
    First Post Name Dropper First Anniversary Combo Breaker
    edited 23 October 2023 at 4:54PM
    Options
    Current state of play:
    PP+ are managing the following debt (All payments suspended 01/08/2023 when CCAs were requested):

    Capital Resolve (ex Sainsbury's Bank) £2900 - CCA provided, F&F made - further details requested and provided
    Ikano Bank £630 No response, other than to default
    Moorcroft Group Plc (ex Santander) £3860 - Overdraft - F&F made, awaiting response
    PRA Group Ltd (ex Barclaycard) £5040 - See Below
    Santander Cards £2730 - No Response
    Tesco Bank £10,020  - CCA provided, F&F made, awaiting response
    NewDay £3,080 - Cannot locate CCA

    I have received the following "statement" from PRA:

    In order to comply with our obligations under the Consumer Credit Act 1974, we are providing you with this statement of your account.

    .........

    Statement (Closing balance £5144.14)

    .... blah, blah .......

    This account is currently classified as unenforceable, which means that we cannot take court action against you at this time, however please note the balance remains payable. if your account changes status and becomes enforceable we will notify you.

    .... blah, blah .......

    In the same letter they have provided the Barclaycard reference and Agreement date (2019).

    Am I correct in thinking that this is just a holding letter and that they will (in all liklihood) be able to come up with the CCA at a later stage?

    What is my best course of action?
    - Wait and see?
    - Make a F&F whilst pointing out that it is currently unenforceable?
    - Something else?

    As ever, all advice appreciated.

    TG
    did you suspend payment to pp or did they suspend payment when you told them you had wrote CCA letters.i posted 9 CCA letters today.3 I didn't cos 1 was an overdraft and the other 2 were only worth between £39 and £80 so didn't ask for CCA letters.
    I'm with stepchange making manual reduced payments on DMP for 3 months as I had a large emergency repair bill 
    I suspended payment as the creditors suspend the agreement on receipt of either CCA or F&F. PayPlan keep paying them otherwise. Quite a lot of explanation required to PayPlan and I'm still getting automated messages about missed payments but they have accepted what I'm doing.

    Obviously if New Day can't find the CCA I will go self managed but I'm waiting for all responses first.
    debt camel website says keep paying all creditors until they definitely can't find cca.give them max 3 months.they also state you should  not see this as an easy option to get out of  paying whilst they are looking for your CCA. hmmmmm
    pay your debt at your rate.not what the creditor demands.cos they have no power.they aren't the police.
  • fatbelly
    fatbelly Posts: 20,976 Forumite
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    Yeah. Well. We don't have to agree with Debt Camel on everything.

  • tigergambit
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    I sent postal orders with my CCA requests and several creditors sent them back with an acknowledgement which stated that collection was suspended.
  • sourcrates
    sourcrates Posts: 29,394 Ambassador
    First Anniversary Name Dropper First Post Photogenic
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    Accounts automatically go "on hold" once a CCA request is received.

    So no payments should be sent until your position has been clarified.
    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
  • PurpleMouse5
    PurpleMouse5 Posts: 45 Forumite
    First Anniversary Name Dropper First Post
    edited 31 October 2023 at 10:54PM
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    Could someone help me put the tasks in order for this please? I want to write and offer low F&F offers from my backdated PIP money. 

    In the meantime I need to update the creditors because: 
    1) I've moved house 
    2) My budget with Stepchange is wrong but the total amount I can pay is still the same (It doesn't reflect that I've left my job and got PIP, though the amount I can pay is still £1 per creditor).

    Should I just write them a F&F letter with all the other updates included, or should I change the budget with Stepchange first so they can see the PIP payments are most of my income, and/or change address with them before the F&F letters?

    Thanks




  • tigergambit
    Options
    Could someone help me put the tasks in order for this please? I want to write and offer low F&F offers from my backdated PIP money. 

    In the meantime I need to update the creditors because: 
    1) I've moved house 
    2) My budget with Stepchange is wrong but the total amount I can pay is still the same (It doesn't reflect that I've left my job and got PIP, though the amount I can pay is still £1 per creditor).

    Should I just write them a F&F letter with all the other updates included, or should I change the budget with Stepchange first so they can see the PIP payments are most of my income, and/or change address with them before the F&F letters?

    Thanks




    I think I'd be inclined to just send the F&F offers and your new address and see what happens (assuming you have already requested CCAs where appropriate and they have come back as enforceable). They will ask you for whatever else they want.
    I'm doing this at the moment and it is NOT a fast process. Stop paying once you start negotiating.
  • cheeseball73
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    Hello! I have two debts which are unenforceable as the CCA cannot be produced - I have confirmation in writing from both DCAs (Link and PRA Group) that this is the case. 

    In the meantime, they're still contacting me asking for payment. I want to make a low F+F settlement offer to get rid of the debts (I'd like to apply for a mortgage in future - both debts defaulted back in 2016 and are no longer on my credit file - and would like to make things easier for myself) but am not sure how best to go about this - is there a template letter for unenforceable accounts? How long should I wait to do this? 
  • fatbelly
    fatbelly Posts: 20,976 Forumite
    Name Dropper First Anniversary First Post Cashback Cashier
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    Hello! I have two debts which are unenforceable as the CCA cannot be produced - I have confirmation in writing from both DCAs (Link and PRA Group) that this is the case. 

    In the meantime, they're still contacting me asking for payment. I want to make a low F+F settlement offer to get rid of the debts (I'd like to apply for a mortgage in future - both debts defaulted back in 2016 and are no longer on my credit file - and would like to make things easier for myself) but am not sure how best to go about this - is there a template letter for unenforceable accounts? How long should I wait to do this? 
    Firstly these debts will have no impact on your mortgage application regardless of what you do. They have dropped off your record and are not coming back.

    It may be that they are unenforceable under the Limitation Act. They have confirmed to you that they are unenforceable under the  Consumer Credit Act.

    The best use for your money is saving towards your deposit and the fees involved in buying a house. I can't see the point in making voluntary contributions to Link and PRA.
  • cheeseball73
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    Thanks - I'm just worried that this might be something that scuppers an application as they are still debts I hold even if they are unenforceable. I last made payments to them earlier this year, before asking for the CCA documentation to be produced, so the Limitation Act won't kick in any time soon! 
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