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f and f barclaycard + unenforceabilty
flossieflipflop
Posts: 177 Forumite
Hi,
Me again! (sorry for all the questions lately!)
I've just written my letter to send tomorrow to Barclaycard offering a full and final settlement of £800 on a £2000 debt (40%).
I used the template and have also included the fact that I have been in a dmp for 3 years and at current payments will be paying the debt off for a number of years to come. I also pointed out that I will be on maternity leave as of Dec 2010 and so payments would have to reduce during that time and so take even longer.
What do you think my chances are??
Secondly my card was taken out in 2003 and so what do you think the liklihood is of the agreement being unenforecable - Were many of the barclaycard agreements of this time unenforecable? (I don't really want to go down this route if I can but am thinking if they refuse the f and f, I can send off for the cca and if agreement was a bit dodgy, I could use this to negotiate acceptance of the f and f)
What do you think?
Thanks
Flossie
Me again! (sorry for all the questions lately!)
I've just written my letter to send tomorrow to Barclaycard offering a full and final settlement of £800 on a £2000 debt (40%).
I used the template and have also included the fact that I have been in a dmp for 3 years and at current payments will be paying the debt off for a number of years to come. I also pointed out that I will be on maternity leave as of Dec 2010 and so payments would have to reduce during that time and so take even longer.
What do you think my chances are??
Secondly my card was taken out in 2003 and so what do you think the liklihood is of the agreement being unenforecable - Were many of the barclaycard agreements of this time unenforecable? (I don't really want to go down this route if I can but am thinking if they refuse the f and f, I can send off for the cca and if agreement was a bit dodgy, I could use this to negotiate acceptance of the f and f)
What do you think?
Thanks
Flossie
0
Comments
-
You have a legal right to ask for the CCA, it is a good idea to get it because if its not enforceable it gives you greater bargaining power.
As to the F&F offer, no one can tell you if they accept, it depends on to many factors and can even be a subjective decision.Although no trees were harmed during the creation of this post, a large number of electrons were greatly inconvenienced.
There are two ways of constructing a software design: One way is to make it so simple that there are obviously no deficiencies, and the other way is to make it so complicated that there are no obvious deficiencies0 -
Thanks for the response. I'll see what they say to the f and f and then request the cca0
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