Full and final settlement help thread

tigergambit

stu12345_2 said:

tigergambit said:

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

tigergambit said:

stu12345_2 said:

tigergambit said:

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

fatbelly

Yeah. Well. We don't have to agree with Debt Camel on everything.

tigergambit

I sent postal orders with my CCA requests and several creditors sent them back with an acknowledgement which stated that collection was suspended.

sourcrates

Accounts automatically go "on hold" once a CCA request is received.

So no payments should be sent until your position has been clarified.

PurpleMouse5

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

PurpleMouse5 said:

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

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

cheeseball73 said:

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

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!