📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Blair Oliver & Scott - partial settlement

Options
Hi!

I'm after some guidance please. I'm in the process of clearing my debts as a family member gave us a gift. BOS accepted at 60% (less than we asked)! I emailed them asking for some R&C's before paying, & they have today sent me a letter.

The letter states that this will be a partial settlement of our debt, that they will now issue another default notice that will affect our credit rating for 6 yrs, & they will update our credit score with a "partially satisfied", but agree not to pursue us for the remaining balance.

I'm confused - they're writing the debt off, not pursuing us for the outstanding amount, but it's not a full & final?

So, can they:
A) issue a default notice now
B) what does a "partially satisfied" mean compared to a full & final

I can't help but feel wary, & a bit bullied :(

Thanks in advance

Sez xx

Comments

  • antonic
    antonic Posts: 1,978 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    Yes they can.

    If your going to make a F&F settlement you MUST ensure that its accepted and reported as "settled in full".

    Anything less than that , as you have discovered , it will be reported as a partial settlement.

    If BOS wont budge, dont settle, put the money away and save to be able to pay in full.
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    No. A partial settlement refers to how the credit files will be marked. ICO guidelines say this is an acceptable way to mark the credit files in a settlement.

    As long as they say they will not pursue or sell on the remainder, then the offer could be OK.

    sezmcd: Give National Debtline a call on freephone 0808 808 4000 and go through the wording of the offer with them to see what they think.
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • Lensman_2
    Lensman_2 Posts: 1,506 Forumite
    Part of the Furniture Combo Breaker
    edited 26 November 2012 at 8:15PM
    +1 to Fermi's advice.

    The important thing is not the partial settlement on your credit file but that the remainder cannot live on to be shipped on to a DCA to be collected at some point in the future. National Debtline can help you with the wording needed to avoid this.

    The fact that they say they are going to issue a new default must be brought up with National Debtline too. This seems odd to me and something I thought they could not do - unless you have signed a new agreement for the debt?
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    I was assuming that any previous default notice had been remedied before a default was actually recorded on the credit files?

    If that is not the case, then no, they cannot/should not record another default on the credit reference files.

    Could also just be a standard worded letter that hasn't taken the exact circumstances into account?
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • National_Debtline
    National_Debtline Posts: 7,998 Organisation Representative
    Tenth Anniversary 1,000 Posts Combo Breaker
    Hello there,

    Give us a call if you would like further help with this. We've also a fact sheet which outlines the key aspects to Full & Final settlements. Here it is!

    http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=37_debt_relief_orders

    Best wishes,

    David @ NDL.
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
  • Hi,

    Just to echo the advice above. I used National Debtline to check the wording of the letter I received from creditors when doing two F&Fs. I can't recommend them enough - good, clear and straightforward advice :T
    SAAC
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 351.1K Banking & Borrowing
  • 253.1K Reduce Debt & Boost Income
  • 453.6K Spending & Discounts
  • 244.1K Work, Benefits & Business
  • 599K Mortgages, Homes & Bills
  • 177K Life & Family
  • 257.4K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.