Unenforceable (i think) - how would you phrase a settlement letter

vodkacokebloke

I CCA'd a credit card debt i have (being dealt with through a DCA) and i have reason to believe that it is now unenforceable, i do however want to settle this and put it behind me if possible.

How would you phrase a settlement offer letter in this instance? I basically want to tell them that due to this here is my final (and low) offer just to shut them up and that no other offers are likely to be forthcoming, it is either this or zero.

I dont quite want to put it as bluntly as this obviously and annoy them unnecessarily - at least not until they agree to something anyway.

thanks for any tips or help

longtermplanner

Put WITHOUT PREJUDICE at the top of the letter - this means that they can't quote it in court against you.

In the letter say "You have been unable to supply me with [a signed credit card agreement]/[a correctly completed creedit card agreement] for this alleged debt. I do not believe that you could legally enforce this debt. However in order to prevent this correspondence from continuing, I am prepared to offer you £x in full and final settlement of the debt. If you agree to accept this, please confirm it in writing to me."

harveybobbles

Why settle it if you think its U/E..?

Could I have your address please as I'd like to post you a letter asking for money..

BillJones

harveybobbles wrote: »

Why settle it if you think its U/E..?

Could I have your address please as I'd like to post you a letter asking for money..

Because they owe the money, perhaps?

sourcrates

BillJones wrote: »

Because they owe the money, perhaps?

In that case you would have thought they would have had due diligence in supplying the correct paperwork ?


Its like taking something back to a shop 6 months after purchase without a receipt, yes I know you bought the product, but you have no receipt to prove it, same goes here, no paperwork, debt cant be proved, simple as that, ethics do not enter into it.

Lensman_2

Are you paying on this?

Do you have a strong enough reason to dispute this debt? If you do, have you done so?

Unless you make the DCA think they are not going to get paid you are not going to get much of a discount.

BillJones

sourcrates wrote: »

In that case you would have thought they would have had due diligence in supplying the correct paperwork ?

Whether they can or not, that has zero influence on whether the debt is owed, it only changes what can be proven.

fermi

vodkacokebloke wrote: »

I CCA'd a credit card debt i have (being dealt with through a DCA) and i have reason to believe that it is now unenforceable,

What reason exactly?

It's not always as black and white as some would have you believe.