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Full and final settlement offer - Bryan Carter LLP
stamina9008
Posts: 319 Forumite
Hi, made a few posts recently but this one might be a little more specific..
Help on this would be greatly received because i dont want to get this wrong as it's an old debt which has defaulted and isnt very high.
Here is the contents of the letter they sent me today after i rang them to offer them 60% of the full balance:
Bryan CarterSolicitors
11 De Havilland Drive
Weybridge
Surrey
KT13 ONT
******
******
****
**
Tel: 0845 3133128
Business Hours
8am - 8pm Monday to Thursday
8am - 5pm Friday
8am - 1pm Saturday
Date 05 Oct 2011
Our Client: Lowell Financial Ltd Our ref: ************
Account no: **************** Balance: £315.89
WITHOUT PREJUDICE
Dear ********
PROPOSED SETTLEMENT: £189.53
We refer to your recent communication with this office and confirm that our client is willing to accept a single lump sum payment of £189.53 in full and final settlement of the above account.
This is on strict condition that payment reaches this office by no later than 10/10/2011. Otherwise the full account balance shown will become due.
We look forward to hearing from you with payment.
Yours sincerely,
Bryan Carter
Now, what do i do?
Just pay them over the phone on monday in good faith?
Is 'WITHOUT PREJUDICE' legally binding, is it useful in court as evidence of a paid debt?
Why doesnt the letter state that my Credit File will be marked as 'satisfied', or 'partially satisfied'?
What should i do guys?
Listen, i will now post so much anymore, but this is my most important question to date.
Please offer something.
Have a good day.
Help on this would be greatly received because i dont want to get this wrong as it's an old debt which has defaulted and isnt very high.
Here is the contents of the letter they sent me today after i rang them to offer them 60% of the full balance:
Bryan CarterSolicitors
11 De Havilland Drive
Weybridge
Surrey
KT13 ONT
******
******
****
**
Tel: 0845 3133128
Business Hours
8am - 8pm Monday to Thursday
8am - 5pm Friday
8am - 1pm Saturday
Date 05 Oct 2011
Our Client: Lowell Financial Ltd Our ref: ************
Account no: **************** Balance: £315.89
WITHOUT PREJUDICE
Dear ********
PROPOSED SETTLEMENT: £189.53
We refer to your recent communication with this office and confirm that our client is willing to accept a single lump sum payment of £189.53 in full and final settlement of the above account.
This is on strict condition that payment reaches this office by no later than 10/10/2011. Otherwise the full account balance shown will become due.
We look forward to hearing from you with payment.
Yours sincerely,
Bryan Carter
Now, what do i do?
Just pay them over the phone on monday in good faith?
Is 'WITHOUT PREJUDICE' legally binding, is it useful in court as evidence of a paid debt?
Why doesnt the letter state that my Credit File will be marked as 'satisfied', or 'partially satisfied'?
What should i do guys?
Listen, i will now post so much anymore, but this is my most important question to date.
Please offer something.
Have a good day.
0
Comments
-
Hi
If it is an old debt it might be statute barred in which case Lowells can ask all they want and that's about all they can do! Have you checked this and if the original debt is enforceable?
Otherwise if you are going to use the F&F i would suggest that it is clearly stated by Lowells/Carter that neither they nor any other body will chase for the remaining amount. Further as you state it should be clear what they are going to mark on your credit record. Use one of the templates available on here and don't give them a penny unless all the conditions are agreed to. I have done this with all my debtors although one of them didn't play ball and lost!
Good luck with it...0
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