F+F and CCA

snowball1_2

Hi guys, I have sent F+F to the majority of my creditors, I have been thinking that if they reject my offer then should I reply by requesting my CCA's and then also include in the letter of request the offer again for F+F settlement?

I am hoping that they may have trouble sourcing the CCA (if they dont accept my first offer) and therefore choose the easy and less painful option (for both of us lol) and accept my F+F settlement offer :rolleyes:

Appreciate any comments...

GeorgeUK

I would keep these seperate snowball.

If you are currently making payments to a creditor and request a copy of the CCA - fine, you have a legal right to do so. If you make a F&F offer - also fine, although they may not accept. If you request both in the same letter it may seem that you are trying to force their hand - if they do have a copy of the CCA, that might not be a good thing.

They are not required to take reduced payments for a debt unless there is a court order stating that they should - you don't want to rock the boat until you know they don't have anything. I think it's a case of look before you leap and you don't want to get them riled up if they do have the necessary paperwork.

snowball1_2

GeorgeUK wrote: »

I would keep these seperate snowball.

If you are currently making payments to a creditor and request a copy of the CCA - fine, you have a legal right to do so. If you make a F&F offer - also fine, although they may not accept. If you request both in the same letter it may seem that you are trying to force their hand - if they do have a copy of the CCA, that might not be a good thing.

They are not required to take reduced payments for a debt unless there is a court order stating that they should - you don't want to rock the boat until you know they don't have anything. I think it's a case of look before you leap and you don't want to get them riled up if they do have the necessary paperwork.

Thanks for reply

So is it best to sit tight at the moment and wait for their reply and then seek further advice of here?

GeorgeUK

If you have already made the F&F offers, there's nothing to stop you requesting copies of the CCA. I just wouldn't do both in the same letter.

Personally, i would wait to see what they say so that if they are going to accept, then another letter didn't mess that up. Others may have a different take on it.

snowball1_2

GeorgeUK wrote: »

If you have already made the F&F offers, there's nothing to stop you requesting copies of the CCA. I just wouldn't do both in the same letter.

Personally, i would wait to see what they say so that if they are going to accept, then another letter didn't mess that up. Others may have a different take on it.

If I do request a CCA will this likely to annoy the creditor and therefore result in them kicking up a fuss i.e. deciding to start adding interest again or maybe not accepting the dmp payment which they are currently taking?

GeorgeUK

I don't think so. If they have a copy of the CCA, they will provide a copy. If they don't have a copy then the debt is unenforcable after 12 working days. This means you don't need to make any payment to them, which is why if you then come to them with a settlement offer there is a better chance that they will accept.

Just because you request a copy of the CCA does not mean you intend to stop payment or anything - you may just want a copy for your own records.

snowball1_2

GeorgeUK wrote: »

I don't think so. If they have a copy of the CCA, they will provide a copy. If they don't have a copy then the debt is unenforcable after 12 working days. This means you don't need to make any payment to them, which is why if you then come to them with a settlement offer there is a better chance that they will accept.

Just because you request a copy of the CCA does not mean you intend to stop payment or anything - you may just want a copy for your own records.

Thats great mate.

So best bet is to make them a F+F offer, if they refuse then send them a letter requesting the CCA, if no response after 12 working days then make another F+F settlement offer?

What do you think mate, good idea?

GeorgeUK

I thought the offers had already gone??

If so then:
Send the F&F offers (done)
If they refuse, request the CCA
After 12 working days inform them that the debt is unenforcable - which means you may not need to pay anything at all.

If you wish to make an offer though so that the matter is dealt with now, you could say you are willing to make a one off F&F offer of payment (and if there is a default on your credit file, they agree for this to be removed)

This offer is made on the clear understanding that, if accepted, neither you nor any associate company will take any other action to enforce or pursue this debt in any way whatsoever and that we will be released from any liability.

We also request that, if accepted, you will make an entry on a credit reference agency file relating to the above account as "satisfied" in full and any default notice be removed.

snowball1_2

GeorgeUK wrote: »

I thought the offers had already gone??

If so then:
Send the F&F offers (done)
If they refuse, request the CCA
After 12 working days inform them that the debt is unenforcable - which means you may not need to pay anything at all.

If you wish to make an offer though so that the matter is dealt with now, you could say you are willing to make a one off F&F offer of payment (and if there is a default on your credit file, they agree for this to be removed)

Yep, F+F sent yesterday.

So just to confirm, if they reject my offers then request a CCA and then wait 12 working days and take it from there...

Will report back with news from my offers asap.