Being chased for a debt I consider settled

kat79

I am being sent letters from Moorcroft for a debt that I paid a settlement figure on just under a year and a half ago. At the time the debt was being chased by CapQuest and I was offered a settlement payment to close the account. I paid this and spoke to someone there who confirmed the payment was on their system. So I thought that was the end of the matter. Now I'm getting chased for the 'rest'. By a different company.

Is there a standard letter for this situation, because I can't find it, I may just be having a thick day....:o

Should I write to moorcroft, the previous DCA, or the original company? Or all 3? So confuzzled.

Tixy

Hi Kat

This could be tricky - did you get a letter from capquest to say that the payment would be in full & final settlement or afterwards to say that you owed nothing or the debt had been settled?
Without written proof that it was a full & final settlement you will struggle to pove you don't owe the rest.

kat79

Hmm yes. I was told I would be sent proof in writing but it looks like it never arrived. I have the letter from them offering the figure but somehow I dont think that will be enough.. Oh how annoying!:mad:

Oh well, I'm not going to stress about it now! Its getting late and I'm tired. I'll sleep on it tonight and have a think in the morning.

Thanks for replying!

Tixy

Did the offer letter say full & final?

That would be a start. You could try using that and proof of the payment to tell Moorcroft to pee off.

Only other thing I can think would be if you did a subject access request to capquest to see what it has on record for you - but that would cost £10.

DarkConvict

Did you do it in writing or did you just confirm over the phone and pay, you really need it in writing as Tixy says as proof the payment was in full and final settlement.

Not just a partial settlement figure that allows the remainder to be chased by a 3rd party.

never-in-doubt

kat79 wrote: »

I am being sent letters from Moorcroft for a debt that I paid a settlement figure on just under a year and a half ago. At the time the debt was being chased by CapQuest and I was offered a settlement payment to close the account. I paid this and spoke to someone there who confirmed the payment was on their system. So I thought that was the end of the matter. Now I'm getting chased for the 'rest'. By a different company.

Is there a standard letter for this situation, because I can't find it, I may just be having a thick day....:o

Should I write to moorcroft, the previous DCA, or the original company? Or all 3? So confuzzled.

If you want, send me a PM with the details and i'll sort you a [STRIKE]grenade[/STRIKE] nice letter to send back, they will leave you alone then and confirm it is cleared...

They can be awkward but the law is on your side, I won't go into it too much to avoid duplication if you want a letter sorting out to send back - as I say just let us know dates, who was the DCA you paid, the agreed amount and the alleged balance (plus new dca) and we'll get it sorted....

Esoog

Sorry to hi-jack this thread like this, but my girlfriend is currently in the process of making a full and final. If they accept and confirm its been accepted/paid etc in writing, is there ever a chance they/someone else will come chasing again in the future despite what they've agreed to?

Tixy

As long as you get and keep the written proof you will be fine, on the off chance anyone chases for it later the letter will be enough to get them to stop.
Usually you wouldn't expect to hear from them again so its more of an exception rather than common place that this would happen - providing you get the written proof at the time.

david39

I believe the following is true :

If you send a cheque to clear a debt and, in the covering letter, clearly state that it is sent on the understanding that it is in full and final settlement then, by cashing the cheque, the recipient is deemed to have accepted those terms even if they do not acknowledge them by subsequent letter.

If you paid by cheque and if you put in the covering letter that it was sent in full and final settlement then I believe the debt is cleared.

The difficulty is proving what you said if you did not keep a record of it, such as a copy of the letter. However, if you have an earlier letter from Capquest that shows that they were willing to accept the payment in f&fs and you have a bank record (statement) that the cheque was cashed, then you may be able to win the argument. Well worth going along that path if you have kept the correspondence.