Sue V MBNA Full and Final Settlement

GeorgeUK

If you do phone them, make sure that you get it in writing that a few extra days will not make a difference - even if it's by email.

Otherwise they have basically rejected your offer with that letter as you stated you would pay within 14 days. Their counter-offer removes your offer from the table which is pretty stupid as the debt is unenforcable.

suewiththeblues

chickened out of phoning in case i got myself into any bother or agreed to anything silly!

i wrote today saying 18th dec was not enough time to arrange paymant and that i needed 14 days as well as confirmation that i would not be chased for the remainder etc

so we wait .....

suewiththeblues

GeorgeUK wrote: »

That letter they sent you had 5 may’s in it.

They may take you to court, but they may not. Is it possibly because it has been 6 months since they last contacted you and are hoping you’ve forgotten that they are still under a legal obligation to provide you with documents and that the debt is in dispute? And only after it went to court, with you failing to pay whatever the court decided, would bailiffs become involved.

I definitely wouldn’t be thanking them for the letter though.

Dear Sirs

Account no. xxxxxxx

I write in response to your letter, dated on XX/XX/XXXX.

Please note that the above account is in dispute. Contrary to your argument that I have “chosen not to deal with the matter “, over the last year I have been in contact with both MBNA and Apex to resolve this issue. I attach the following documentation:

1. A copy of my original request under s.77/78 of the Consumer Credit Act 1974, posted on 12 March 2009 to MBNA and proof of postage. This legal request remains outstanding.

2. A copy of their response sent 26 March 2009 which clearly does not comply with the requirements of the Consumer Credit Act (also sent by recorded delivery –proof can be supplied)

3. A copy of my response to MBNA sent 14 April 09 informing them that they had failed to respond to my request within legal deadlines and therefore the account is unenforceable by law (also sent by recorded delivery)

4. A copy of my ‘account in dispute letter’ sent to Apex (and copied to MBNA) on 14 may 2009, as apex had contacted me saying the account had been passed to them (also sent by recorded delivery). You will be aware that it is contrary to the OFT debt collection guidelines a disputed debt to be passed to a 3rd party.

It can be clearly shown that I continued to correspond with MBNA and Apex in relation to this matter up until 8th June 2009 and received no meaningful correspondence in return. I remain keen to resolve this issue and am willing to offer £333.64 in full and final settlement of this account provided I receive the following:

1. CLEARLY WRITTEN confirmation that this sum will be accepted by Apex in full and final settlement of this account (even if it would be registered on my credit file as a partial settlement )

2. A balance of £0.00 will be assigned to the account on my credit file and confirmation that neither you nor any associate company will take any other action to enforce or pursue this debt in any way whatsoever and that I will be released for any liability.

Payment can be issued within fourteen days of my receiving written confirmation of the above. Please note that the wording ‘partial settlement’ or ‘short settlement’ is not sufficient and will only agree to confirmation of a ‘full and final settlement’.

Yours faithfully

If they have added a default to your account, i would request that this be removed too, but that's just me.

i sent the above letter, they responded with an unrealistic deadline so i wrote again virtually a copy of the above asking them to extend it...

today i recieve this in response:

'further to your letter dated 22 dec, the contents of which have been noted, and i apologise for the delay in rsponding.

i can confirm that due to the delay in you recieving our letter we will extend the payment date for the settlement of the above account.

the amount of £333 is now due no later than 5pm on 16th january 2010.

i can also confirm that your credit file will show as satisfied.

Can someobody read between the lines of the past few letters- do you think now would be a good time to just send them the b----y money? i have been sending letters for about a year now trying to get them to confirm the various points such as i wont be pursued for the balance etc in future?

thanks

suewiththeblues

any views on this anybody? maybe someone else has seen this process through recently?

suewiththeblues

is it enought that they state in this letter that my credit file wll show as satisfied? and in the previous they state they will accept it as full and final or do i need it all in one letter, along with assurance i wont be pursued for balance and balance will be marked as zero?

DVardysShadow

You have their letters. Do the letters between them offer what you want?

If they do, then send the money with a covering letter saying "Herewith £x in full and final settlement of <debt> in accordance with your letter of dates>, Credit file to be marked <whatever> as agreed."

Keep copies of course.

suewiththeblues

1. CLEARLY WRITTEN confirmation that this sum will be accepted by Apex in full and final settlement of this account (even if it would be registered on my credit file as a partial settlement )

2. A balance of £0.00 will be assigned to the account on my credit file and confirmation that neither you nor any associate company will take any other action to enforce or pursue this debt in any way whatsoever and that I will be released for any liability.

Payment can be issued within fourteen days of my receiving written confirmation of the above. Please note that the wording ‘partial settlement’ or ‘short settlement’ is not sufficient and will only agree to confirmation of a ‘full and final settlement’.

thanks. Above is the points i have requested all year. i would ideally have liked a letter in response stating that they clarify 1 and 2-instead i get in one letter that they accept as full and final settlement and in the next letter they only state that my credit file will be shown as satisfied.

i am wary due to reading other peoples horrific experiences of being chased years down the line for the remainder of the balance etc

at the same time i dont want this to drag on much longer, it is clear they are not going to put all the points in one letter, and i guess i am just wondering whether it is ok to go ahead at this stage, as it has taken a year already!

suewiththeblues

bumping again !

GeorgeUK

As they have referred to the letter which stated

'following our recent conversations re the above account we can confirm that we will accept £333 in full and final settlement.

I think part 1 is definately in the clear - it is a F&F settlement.

They do not state that they will not pursue the debt, but as it is a F&F settlement i think you should send the money and cross it off your list. The debt is now settled in full and there is nothing for any other party to pursue.

Run it past nationaldebtline just to make sure but i think as they have confirmed F&F you will be okay.

Happy New Year by the way.

suewiththeblues

thanks again george!!!! :beer: happy new year to you too- am hoping that maybe 2011 or 2012 will be my first ever debt free new year!

rightyo then, i am going to get the cheque sent off to them and hopefully hopefully that will be the very end of this account, i will also keep all my letters for many years just in case!