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What should I do?

I asked a creditor for full and final settlement via email and they came back with

"Thank you for your email, your outstanding balance is £xxx.xx, we will accept £xx.xx in full and final settlement of your liability. Please be aware that your credit file will be marked as 'partially settled' as you are not paying the balance in full."

Am I correct to assume that since they've accepted my offer expressly as F&F settlement (albeit with partially settled on credit file) it means they can't sell on the remainder to another debt company?? or can they?

Also i don't want to phone them up and give them my debit card details where they may attempt to take the full whack. What other ways can I pay them? (I dont have a cheque book).

Comments

  • BlushingRose
    BlushingRose Posts: 1,621 Forumite
    I *think* if it's only partially settled then you can be chased for the remainder in the future, but I'm sure someone else will be along soon
    Our LBM: Dec 2011. DMP started: Jan 2012. Debt at LBM: £41,568

    Oct 2012 = Current debt: £40,548.93
    Oct 2013 = Current debt: £39.054.70


    DMP Support number 424 - Long haul number 308
  • McKneff
    McKneff Posts: 38,857 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    ab1975 wrote: »
    I asked a creditor for full and final settlement via email and they came back with

    "Thank you for your email, your outstanding balance is £xxx.xx, we will accept £xx.xx in full and final settlement of your liability. Please be aware that your credit file will be marked as 'partially settled' as you are not paying the balance in full."

    Am I correct to assume that since they've accepted my offer expressly as F&F settlement (albeit with partially settled on credit file) it means they can't sell on the remainder to another debt company?? or can they?

    Also i don't want to phone them up and give them my debit card details where they may attempt to take the full whack. What other ways can I pay them? (I dont have a cheque book).

    I dont see how they can say on one line 'we will accept in Full and Final then say your file will be marked 'partially settled'
    It's a contradiction of terms
    make the most of it, we are only here for the weekend.
    and we will never, ever return.
  • I think they're having you on. They can't say 'full and final' and then say 'partial'.

    As for paying them. Tell them you have neither a cheque book or debit card. Tell them you need their bank sort code, account number and a reference number and you will pay by balance transfer.
    "There are not enough superlatives in the English language to describe a 'Princess Coronation' locomotive in full cry. We shall never see their like again". O S Nock
  • The defaults I settled on F&F's were marked as "part settled" - I'd paid what was agreed but not the total amount that was owed, therefore they couldn't be marked as "settled in full"
    Grocery Challenge £211/£455 (01/01-31/03)
    2016 Sell: £125/£250
    £1,000 Emergency Fund Challenge #78 £3.96 / £1,000
    Vet Fund: £410.93 / £1,000
    Debt free & determined to stay that way!
  • ab1975
    ab1975 Posts: 16 Forumite
    thanks folks.

    That's exactly what i thought. They are contradicting themselves. Either they are confused or trying to pull a fast one, by seeming to offer me a full final whilst leaving it muddy enough for them to sell on.
    But possibly with their statement ' we will accept £xx.xx in full and final settlement of your liability' re email I can defend any future claims/ccj applications.
  • ab1975
    ab1975 Posts: 16 Forumite
    The defaults I settled on F&F's were marked as "part settled" - I'd paid what was agreed but not the total amount that was owed, therefore they couldn't be marked as "settled in full"

    But can they/another debt company claim the remainder at a later date?
  • ab1975 wrote: »
    But can they/another debt company claim the remainder at a later date?

    Not that I'm aware of .... you've come to an agreement to pay a reduced amount & the lender has either offered or accepted this lower amount as settlement of the amount owed.

    I certainly never had any problems with any of mine (there were quite a few:o)
    Grocery Challenge £211/£455 (01/01-31/03)
    2016 Sell: £125/£250
    £1,000 Emergency Fund Challenge #78 £3.96 / £1,000
    Vet Fund: £410.93 / £1,000
    Debt free & determined to stay that way!
  • ab1975 wrote: »
    That's exactly what i thought. They are contradicting themselves. Either they are confused or trying to pull a fast one, by seeming to offer me a full final whilst leaving it muddy enough for them to sell on.

    Actually they're not and it is factually correct to say "partially settled" as per my post above - you've not paid the full amount owed so it wouldn't be correct to say "settled in full".
    Grocery Challenge £211/£455 (01/01-31/03)
    2016 Sell: £125/£250
    £1,000 Emergency Fund Challenge #78 £3.96 / £1,000
    Vet Fund: £410.93 / £1,000
    Debt free & determined to stay that way!
  • Loubylou2
    Loubylou2 Posts: 211 Forumite
    Part of the Furniture Combo Breaker
    I have also settled for 'partially settled'. I researched and as long as they state that you won't be chased for the remainder and/or the account is closed then that's acceptable. I think its quite rare for a creditor to amend your account as 'fully settled' when you haven't fully settled it.

    Good Luck:)
    DMP mutual support member 397
  • fatbelly
    fatbelly Posts: 23,282 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Cashback Cashier
    'Partially settled' is the correct mark on your credit file for a full & final settlement, according to the Information Commissioner Guidance

    OP - well done on getting them to say ' full & final settlement' but an e-mail isn't enough. You want the confirmation sent by post on company headed paper.
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