Full and final settlement help thread

fatbelly

Hoopeer wrote: »

Hello, the major difference between debt settlement companies comes down to the client payment, account settlement, and company fee model the company uses. Most reputable debt settlement companies are also accredited members of The Association of Settlement Companies (TASC), a trade organization working towards reform and standards for the entire industry.

Never heard of them. American maybe?

rainydayfund wrote: »

I was worried about the bailiffs (never been in that much debt in my life) as the letter says they are High Court Enforcement Officers and Certified Bailiffs. The only thing my OH has is an old (S Reg) Audi as we need 2 cars where we live as it is rural and if one breaks down we've got the other. I was a bit worried whether they could take that and should I transfer it into my name? I did buy it (but so long ago I don't know where the receipt is - it was second hand) but he is registered keeper. What do you think? Other than that he has absolutely nothing.

OK. Covered bailiffs already. Marstons are not acting as bailiffs on this debt.

They're not acting as HCEOs either (it did take me a minute to realise this) as this is a consumer credit act debt.
From
Factsheet | Dealing with debts in the High Court

If you have a credit agreement that is regulated by the Consumer Credit Act 1974, your creditor has to make a claim against you in the county court. They cannot apply to enforce the county-court judgment in the High Court.

They have as much right to access your property as I do - none. However, let's see how they respond.

It's also possible that they do not know about the ccj. Do they quote the court reference? It's 1AB23456 format.

On further thoughts, no harm in ringing the court and asking what they think is going on here, i.e. is there a warrant on it? Has it been transferred to the High Court?. Just a bit nervous that somewhere along the line , the fact that this was a consumer credit act debt might have got lost. You are sure it was a credit card debt?

rainydayfund

Thanks Fatbelly, I saw High Court Enforcement Officers and Certified bailiffs and thought "well that's it then!!" No court number on their letter in the format you have shown, just an account number and a reference number. However Mortimer Clarke do quote a reference number of that format - XN being the two letters after the first number then 5 more numbers.

Was going to go on Noddle last night and see what I could find but OH has no credit/debit cards in his name could not do that.

Bit stuck now. Don't know why they haven't stated the terms of the order in the lettter they sent (that would make sense to me), they just you have failed to make a payment towards this debt, contact us within 7 days or you will receive a home visit.

To be honest I've never dealt with stuff like this before so I'm a bit confused by who can do what. Can they come and take your stuff (if you are stupid enough to let them in - not that I would).

Sorry if I'm being dumb but this whole thing is stressing me out and I'm trying to be calm for OH's sake.

Thanks for taking the time to reply. :beer:

rainydayfund

Fatbelly, another stupid question. I've read the National Debtline link, am I right in thinking his CC debt is definately regulated under the CCA 1974?

If that is the case are they scaremongering us with telling us bailiffs will be calling? I'm so tired I can't think straight, normally I'm not so dopey (well maybe a bit).

If that's the case what can they do to enforce the debt if they can't take property and my OH has no income? It all seems a bit weird to me. Seems the only gain for them is his credit file is shot to bits and that's hardly going to bother him as he doesn't do credit and he's not linked to any of my accounts.

Sorry again for being thick!

fatbelly

Not thick - this isn't a straightforward as I first thought (unless I'm a bit slow tonight.

The XN reference sounds like the court reference. Unless you know which court was used (should be on the credit file) then try Northampton Court on 0845 4085302 or email them on

Defendant Enquiries: ccbcdefendants@hmcts.gsi.gov.uk

Get as much info as you can from them but specifically; is there a warrant on it? Has it been transferred to the High Court?

You are looking for the answers no and no in case Marstons try the 'lie and confuse strategy'.

A credit card debt is always CCA, as are loans under 25K (think the limit's gone now), but overdrafts aren't.

Just spotted something else a bit odd about your first post. You said it wasn't statute barred because his ex had been making payments. But a credit card is always in one name (your OH presumably) and acknowledgement has to be by the 'debtor or his agent'. I don't know why she would have been making payments but it would not extend the limitation period. Was there was a six year period without such acknowledgement?

rainydayfund

Right, just fired off a quick email to the court from my own email address (with OH name at the bottom) asking what court, when, judgement amount and terms and whether it has been transferred to High Court and if so is there a warrant. They'll respond within 10 days apparently so may have to ring them tomorrow.

I'm still bl00dy confused, if it is regulated under the CCA 1974 can they apply to the High Court? Think the debt was originally about £3k but has gone up with charges etc.

With regard to it being six years since they chased. I'm going to have to dig out the paperwork and find out when the debt was from and see if I can find the last paymentmade and then the date OH got the first letter after that. The card was in his name only and I think his ex used to pay them £10pm.

If I remember correctly they rang his old address once to try and increase payments and when she said he no longer lived there they said "why are you paying?" so she stopped. She never told them his new address and I think they tracked him down because I (stupidly in hindsight) put him on the voters roll when he moved in with me and they've tracked him through me ever since I presume (although he is not on the voters roll at this address so I think they are putting 2 and 2 together) and no bills are in his name, although his car is registered here and the car insurance obviously.

I'll come back with more info tomorrow. Should I still send the letter do you think just to stall for time as they are going to say no anyway first off I should think?

fatbelly

I think you can send the letter.

It's just that you need to be clear on the legal position in case Marstons try to misrepresent it.

rainydayfund

Hi,

had a response from the court today and this is what it said. I don't understand why we didn't get papers as although we moved our post was still being redirected then. Not sure what it all means, any help gratefully received!!!


Particulars of claim- BY AN AGREEMENT IN WRITING BETWEEN HSBC BANK PLC ("HSBC ") & THE DEFENDANT DATED 05/06/1997 ("THE AGREEMENT") HSBC AGREED TO ISSUE THE DEFENDANT WITH A CREDIT CARD UPON THE TERMS & CONDITIONS SET OUT THEREIN. IN BREACH OF THE AGREEMENT THE DEFENDANT FAILED TO MAKE PAYMENTS OF NOT LESS THAN THE MINIMUM PAYMENT SHOWN ON THE MONTHLY STATEMENT. HSBC SERVED A DEFAULT NOTICE ON THE DEFENDANTSTATING THE AMOUNT DUE & REQUIRING THE DEFENDANT TO PAY SAME. THE DEFENDANT FAILED TO PAY & THE AGREEMENT WAS TERMINATED. THE AGREEMENT WAS ASSIGNED TO THE CLAIMANT ON 12/04/2011. THE CLAIMANT HAS COMPLIED WITH SECTIONS III & IV OF PRACTICE DIRECTION - PRE-ACTION CONDUCT. THE CLAIMANT THEREFORE CLAIMS: 1. 2311.32 2. INTEREST PURSUANT TO SECTION 69 OF THE COUNTY COURTS ACT 1984, NAMELY 2230.03 & CONTINUING UNTIL JUDGMENT OR SOONER PAYMENT AT THE RATE OF 0.51 .

I've now emailed Kingston Court to see if they can send me details of the outcome, will come back when I get the reply.

Posted letter to Mortimer Clarke offering F+F so will wait and see what they say.

NobbyNoo10

Hi all, I'm new here. I've been reading this thread with great interest and have learned a lot of useful stuff being in the middle of trying to sort my debts out. Can anyone tell me the difference between a "settlement figure" and an "account balance" if indeed there is a difference. I plan to go to my creditors with an offer of Full & Final Settlement shortly but need to get settlement figures first to work out how much I need to be able to do it. I called a few creditors yesterday: a couple of which gave me account balances when I asked for settlement figures - I thought they were the same thing, but I'm not sure.

Hope this makes sense...Can anyone help please?

Thanks

fatbelly

NobbyNoo10 wrote: »

Hi all, I'm new here. I've been reading this thread with great interest and have learned a lot of useful stuff being in the middle of trying to sort my debts out. Can anyone tell me the difference between a "settlement figure" and an "account balance" if indeed there is a difference. I plan to go to my creditors with an offer of Full & Final Settlement shortly but need to get settlement figures first to work out how much I need to be able to do it. I called a few creditors yesterday: a couple of which gave me account balances when I asked for settlement figures - I thought they were the same thing, but I'm not sure.

The account balance is the full amount owing. If they are unwilling to give you a deal then that's the figure they're going to give you.

If you want a 'full and final settlement' deal then you should make the proposal to them as a percentage of the account balance.

We recommend the National Debtline factsheet

Factsheet | Full & Final Settlement offers

rainydayfund

Hi all, just a quick update on my (or should I say OH's) situation. Got a letter from Mortimer Clarke offering 30% reduction (if paid within 3 weeks), so down to about £3,500. Originally offered £1100 and no way can we pay what they want. I think the debt before they whacked loads of fees on it was about £3k.

Thought I would sit on it for a while and then reply saying can't afford that and offer £15pcm (it will take about 25 years to clear I've calculated). Or should I up the offer a tad? Can go up a bit but not huge amount as don't want to use all my savings. OH has no income and no assets so I would be doing this out of the goodness of my heart and to promote world peace :rotfl:.

Any thoughts anyone? What would you do?

Oh and thanks to all the people who contribute their knowledge to this site, without you I would have been positively terrified :T.