Scotcall - final settlement not in writing?

One_Fine_Day_2

So I've finally faced up to the debts and am ringing round to get full and final settlement figures. Most places have been great, but Scotcall are causing me some concern.

The debt stands at £605.82 for a Capital One card. They have offered to accept £540 if I insist upon having it in writing that this is f and f settlement figure and that file is to be marked as 'settled in full'. However they say that should I pay it by phone today then they will accept £450. These figures are non-negotiable.

I am reluctant to accept the phone offer as it leaves me with no protection (they claim it's recorded, that I can have the assistants name and ID number, that it'll all be put in writing to me later etc etc) but none of this gives me a guarantee that they won't persue me for the rest does it?

Thoughts on this matter would be much appreciated - thanks

Crown

Do not do it!

If you pay by phone without having this in writing thenthere is nothing stopping them coming back to you for the remaining amount. I am in similair discussions with Reliable Collections and they will not commit this in writing. Until they do I will not pay.

This is a great example of how creditors trick people into making part payments. Stand firm and get what you have requested.
I will post a template I adjusted for someone else a few months back. I didnt hear how they got on with it but hopefully It may of got the result they required.

One_Fine_Day_2

Crown, thank you - they make you feel like you're being unreasonable and ridiculously untrusting when you query this, so it's a relief to hear that you think I'm doing the right thing to insist upon having it in writing first.

Crown

Dear Sir/Madam

Re: Account No/Reference No:

I write with reference to a our recent correspondence regarding Full and Final Settlement of my account. Your previous letter has still not clarified that you accept this as Full and Final Settlement on this account so please can you sign and send a copy of to this letter to confirm.

I confirm that I am that I will be willing to accept your offer to pay £450.00. I want to offer this as an ex-gratia payment in full and final settlement of the account. This offer is made on the clear understanding that, if accepted, neither you or 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 mark any entry on a credit reference agency file relating to the above account as "satisfied" in full.

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.

I look forward to receiving your reply.

Yours faithfully

(Your signature)

---

We Agree the above Terms and Conditions and confirm that no further action will be taken on receipt of payment of £450.00.

Signed:
Print Name:
Position:

ScotcallLTD

One_Fine_Day_2

Thanks Crown - just out of interest, in this modern era, would you accept an email from them, stating this was f and f settlement as sufficient guarantee?

Crown

Im not sure to be honest. If you have email from them agreeing to the terms then it may be enforcable if you was taken to court.

I myself would prefer a letter that I could just file away esp if they were to sign the letter and send it to you. I have found that the Collectors do not like it when you switch the tables and threaten them with same legal mumbo jumbo that they throw at us.

I know Weller who posts on here has had success with these type of letters

Good luck

One_Fine_Day_2

Thanks again - I appreciate all your help.