Is this letter good enough to pay against?

indebtbigtime

All I am happy with parttial settlement, having had 3 on my account already and never wanting credit again. I am minded however that the wording says the DCA and client will pursue the debt, could another DCA??? The letter arrived today following a conversation on 06 JAN, and their admin is always bad, so i am sure any letter back will either be lost or actioned in about a month....

advice appreciated

---

on headed notepaper - DCA

Dear xxxx

Re Client Name, Acc no, Balance etc etc....

Further to our recent telephone conversation we can confirm that subject to your full remittance of £xxx.xx on or before 25 Jan, this will be accepted as a partial settlement. Please note this will show as a partial settlement on your credit file, however, neither we nor our client will pursue you and further in regards to the above account.
Please note, we recommend payment is made by bankers draft ? gauraneteed cheuq / debit card or bank giro credit. If you are paying by bank giro credit the details are xxxxxxxxxxxxxxxxxxxxxxxxxxxxx

Yours faithfully

For DCS

indebtbigtime

incredibly cheeky bump

Pott5y

Seems a little abiguous to me.

1. No mention of releasing you from all liability for the debt.
2. Partial settlement is fine but need to clarify it is in full and final settlement.
3. This is the statement from national debtline that you need to get them to put in writing -
'This offer is made on the clear understanding that, if accepted, 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 from any liability'.

If you want clarification call National debt line on the number below and they will advise as to whether to accept or not. They are really helpful.
FREEPHONE: 0808 808 4000

Good luck

Pottsy

indebtbigtime

basically alllied said on phone the debt wont be passed on and upon payment I would receive a letter of satisfaction. I said thanks but I wanted the letter reissued with the words above and they basically refused and said I either pay it or face the consequences....blah blah blah

dunno what to do now. on the surface its a good opportunity...

Pott5y

indebtbigtime wrote: »

basically alllied said on phone the debt wont be passed on and upon payment I would receive a letter of satisfaction. I said thanks but I wanted the letter reissued with the words above and they basically refused and said I either pay it or face the consequences....blah blah blah

dunno what to do now. on the surface its a good opportunity...

Have you call National Debtline and seeked their advice.

I don't know much about allied at all having never dealt with them.

You could try responding to them by letter and saying that you accept their offer of full and final settlement but need confirmation of the points listed. Also state they will be paid within 2 weeks of receiving confirmation. If not accepted then you will have to carry on making payments via your DMP

By the way what further consequences could they force ...blah blah blah

Sorry can't be of more help.

Sample letter along the lines of

To: _____________________
________________________
Dear Sir/Madam

Without Prejudice

Account No: _____________________________


Further to your recent correspondance regarding the outstanding balance on this account. I am able to accept the agreed amount £**** as an ex-gratia payment in tthe full and final settlement of this account.

However this offer of payment is made on the clear understanding that, if accepted, 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 from any liability.

I also request that, if accepted, you will make an entry on a credit reference agency file relating to the above account as having been paid and the account closed.

Payment can be made within (put the number of days or weeks within which you will pay) of receiving your written agreement of this offer and method of payment.


If confirmation of the above points in full are not supplied to me in writing then I will have no option but to continue making my regular payments via my DMP.


I look forward to receiving your reply.
Yours faithfully
(Your signature)

DVardysShadow

Pott5y wrote: »

Sample letter along the lines of

To: _____________________
________________________
Dear Sir/Madam

Without Prejudice

Account No: _____________________________


Further to your recent correspondance regarding the outstanding balance on this account. I am able to accept the agreed amount £**** as an ex-gratia payment in tthe full and final settlement of this account.

However this offer of payment is made on the clear understanding that, if accepted, 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 from any liability.

I also request that, if accepted, you will make an entry on a credit reference agency file relating to the above account as having been paid and the account closed.

Payment can be made within (put the number of days or weeks within which you will pay) of receiving your written agreement of this offer and method of payment.


If confirmation of the above points in full are not supplied to me in writing then I will have no option but to continue making my regular payments via my DMP.


I look forward to receiving your reply.
Yours faithfully
(Your signature)

This payment cannot be ex gratia. An ex gratia payment is made without recognition of legal liability.

Pott5y

DVardysShadow wrote: »

This payment cannot be ex gratia. An ex gratia payment is made without recognition of legal liability.

Fair point DV but why then is it quoted in the National Debtline Full and Final Offer Sample Letter

indebtbigtime

national debtline said it was grey - I should get the right words, but whether I proceed without them is a judgement I have to make...

mmmm!

Pott5y

indebtbigtime wrote: »

national debtline said it was grey - I should get the right words, but whether I proceed without them is a judgement I have to make...

mmmm!

Well in that case I wouldn't pay but send the letter above (without the ex gratia bit) to them registered post asap. Don't worry too much about their 25th Jan deadline. They will extend that. Remember they want your money.

I had this scenario with one of my creditors and they did re-word their acceptance letter. So they got paid. Thats what they want.

Good luck with whatever you decide to do.

indebtbigtime

typed letter...unsigned, sending recorded delivery..

will update
thanks

Pott5y

indebtbigtime wrote: »

typed letter...unsigned, sending recorded delivery..

will update
thanks

Good luck.