Full & Final settlement advice

julieh2 · 12 May 2010 at 2:37PM

Basically my Dad has offered me a lifeline, in that he has given me a lump sum to offer f&Fto all my creditors. I have already CCA'd them, all of which have either not been able to provide CCA or have provided dodgy application forms with various elements missing therefore rendering them unenforceable, on all but 3 I have now stopped paying/or paying token payments and have been on the DCA merrygo round for about 2 years.

Sent off F&F letters but only started at 15% of full balance anyway, some have replied and refused, but OH is saying we should play hardball with the unenforceable ones and send a reply saying its that or nothing. This is something I've put together to send, would it be sufficient or do I need to add anything?

""I note that you have refused my Full & Final settlement offer in settlement of this alleged debt and would like to draw your attention to the following. Both you (DCA) and OC are in default of my request for a true signed copy of the CCA pursuant to s78 of the Consumer Credit Act 1974 and whilst the default continues you (DCA) or OC are not entitled to enforce any part of this alleged agreement and therefore your threats of legal action are futile.

I believe my offer is reasonable based on the unlawful charges and associated interest that has been added while the account has been in dispute and my current circumstances. This offer was made on the clear understanding that once accepted it cleared me from any further liability, that neither you, OC or any other 3rd party would pursue me for the balnce which would be written off and my credit files updated accordingly as adverse data should legally never have been entered due to the disputed status of this debt.
Furthermore, my relative will only release these funds providing the above conditions are met and as it is their money there is no further room for negotiation. My offer of £xxxxx still stands, however be advised that after 30th July 2010 it will be withdrawn".

Comments would be appreciated please.....