Is an email as good as a letter?

Ofwolfandbiggs

Hi this is my first post, I need some help and this forum seems like a great place to get it!

I have made MBNA an offer of £1000 to settle my £3200 debt. I have asked for a letter assuring me the remaing balance is closed and won't be passed on to a third party but they will only send me an email due to time restraints. I'm not fussed about having a full and final settlement as long as my credit file says I owe them no more money, is an email acceptable as a guarantee?

Thanks in advance, James.

RAS

No it is not the same in the eyes of the courts.

letter or no deal.

Jesthar

Hi, James, and welcome

Speaking as an IT geek, personally I'd demand a letter, and so should you. It's all to easy to claim an e-mail printout isn't genuine, and for electronic copies to be lost, deleted, or become corrupted etc. And I'm not 100% sure, but I don't *think* they carry the same legal weight in law, either - but don't quote me on that!

Let's just say there are good reasons I refuse to do paperless billing

~Jes

Hannah_10

Much to easy to mess an email about or totally fake one, for your own protection you want letters.

DarkConvict

Personally i prefer email, as you and them have a copy. And it is less likely to get lost compared to a letter. Also you can prove the content of the sent email...

However, legally you must send letters. legally letters are assumed to have arrived but recorded delivery is recommended to avoid the "oh it never arrived issue".
Also you could send a blank piece of paper by recorded delivery and just claim it contained x,y,z.

So i prefer email, but as i said you need to use letters.

Ofwolfandbiggs

My/Their problem is that they need/want the money by the 29th July or they have "no choice" but to file a default and sell the debt on! I really don't want to pay them the money only to be chased for the rest of it at a later date...

I guess I will just have to hope that I can get a letter in time!

Hannah_10

That's a pressure tactic, no more no less.

And where you've got a pressure tactic I would be even more suspicious and cautious dealing with anyone.

Get them an email now that says "I accept, so long as for our mutual protection you can confirm that exact deal by letter before Monday 28th".

Jesthar

OK, I'm getting confused now, let me see if I have this straight...

You have made them an offer, and asked for a letter confirming they accept that offer and the debt will be closed.

They are saying they will only send an e-mail 'due to time constraints', rather than the legally required letter.

They are simultaneously saying that if they don't have the money by a certain date (ten calendar days) the deal is off as they 'have' to default and sell the debt on?

Is it me being dense, or is all this starting so sound rather suspect on the part of MBNA? I'm not familiar with F&F, so it could well be me... But personally I wouldn't give them a penny without a confirmed offer in writing...

~Jes

Hannah_10

I'm with you on this Jes, it's stinkingly suspect.

Ofwolfandbiggs

Jesthar wrote: »

OK, I'm getting confused now, let me see if I have this straight...

You have made them an offer, and asked for a letter confirming they accept that offer and the debt will be closed.

They are saying they will only send an e-mail 'due to time constraints', rather than the legally required letter.

They are simultaneously saying that if they don't have the money by a certain date (ten calendar days) the deal is off as they 'have' to default and sell the debt on?

Is it me being dense, or is all this starting so sound rather suspect on the part of MBNA? I'm not familiar with F&F, so it could well be me... But personally I wouldn't give them a penny without a confirmed offer in writing...

~Jes

I know it seems odd to me, thats why I joined this site for some advice. I asked them if the default could be delayed if I had agreed verbally to pay but it was a no go. They also wanted me to pay by debit card which isn't happening! Now I'm waiting for a manager to call me back, maybe I'll get more luck with him.

zzzLazyDaisy

An alternative way to deal with the situation would be for you to:

1 receive their e-mail setting out their agreed terms
2 print two copies (one for them and one for your records)
3 send a letter saying something like:

Dear sir

Ref number [...............]
Full and Final Settlement Agreement

I refer to our telephone agreement of [date] in which you stated that you will accept the sum of [£???] in respect of the above debt, the terms of which were confirmed in your e-mail of [date] (a copy of which is enclosed for your information).

In reliance on that agreement I now enclose a cheque in the sum of [£????] in full and final settlement of the above debt.

Please note, encashment of the cheque will be taken as confirmation that the contents of this letter and the enclosed e-mail are acceptable to you, and that this now concludes the matter to your satisfaction.

Yours etc

4 personally I would pay the extra £4 or so and send it by special delivery, as you then have an electronic record of their signature as proof that they received it by the required date.