Full & Final advice- Can Capital One do this?

ferry

Hi
I hope someone can help or advise me.
I recently negotiated a f&f settlement figure with Capital One and got this in writing. I forwarded the funds and they were applied to the account.
I then sent a secure message to clarify things and I had a response back to confirm that that the account will be shown as partially settled and I will not be persued for the balance. I have today received a letter stating that settlement has not now been accepted and further payments should continue to be made.

Can anyone with better F&F experience clarify if this is actually possible from a creditor and if I still could be liable for any remaining balance even after the agreed settlement has been paid?

Thanks as always

fatbelly

This is why you get the deal in writing - which is what you have done.

You can reply saying

'Please note your letter of xxx in which you stated that ...

Please also note that I will be making no further payments in this matter, that any court claim will be defended on this basis and I expect you to mark my credit file as partially settled as previously agreed.'

sourcrates

ferry wrote: »

I have today received a letter stating that settlement has not now been accepted and further payments should continue to be made.

Seriously, they have sent you a letter essentially reneging on the deal ?

You have absolutely done the right thing, and got the deal confirmed in writing, without this, you would now be dead in the water.

Follow Fatbellys advice above, let us know how they respond to that.

ferry

Thank you both very much for your help.
Does seem a very underhanded way of dealing with matters.
I will post back as it may help others in this situation.
Shame on Cap One.

ferry

Just wanted to post a quick update.

Looks like Cap One are sticking to their guns at this point. Just received a secure message back following my communication above as advised. They have just invited me call in to learn the reason why it was rejected.

Can i ask if its now worth asking the assistance of the FCA to look into this from a legal stance?

fatbelly

I doubt the FCA would take much notice of this.

My advice would be to stick to writing. If they still feel you owe anything they should start a court claim where an independent district judge could take a view.

As there is evidence they caused you to believe that a lump sum of X would discharge your liability and they have not returned that sum to you, I think there is sufficient case law for them to be on a loser here.

But just to say again - this shows how important it is to get the deal in writing.

ferry

Thank you FB for the ongoing help.
If the legal route was to take its course would that mean that Cap One would first have to issue a CCJ?

sourcrates

ferry wrote: »

Thank you FB for the ongoing help.
If the legal route was to take its course would that mean that Cap One would first have to issue a CCJ?

Capital one would have to start a court claim, you would receive notice of this prior to any claim form been issued, once a claim form is issued, you then have the option to :

(A) admit you owe the debt and make an offer of payment
(B) admit part of the debt and dispute the other part
(C) dispute that you owe the amount claimed.

Based on your response, the court may issue a CCJ, not Capital one.

But i think this scenario will be highly unlikely considering the letter you have in your possession.

fatbelly

There are plenty of court cases where a settlement is disputed but these are usually where the debtor has just sent a cheque saying 'this is in full settlement' and the creditor has banked it, then asked for the remainder.

In your case you have a letter inviting you to settle the debt on payment of a certain sum. I don't think they have much of a case. If they want to continue to pursue the debt they have to first return your money.