Full and Final Settlement Offers

mikey55

Hi all,

I'm currently in a dmp with stepchange but have started negotiating full and final settlement offers with creditors including Cabot, PRA, Wescot and Link but some have replied saying that to consider or accept the offer they need more information. Most are asking for confirmation that priority payments are unaffected and up to date and want confirmation where the funds are coming from (family member) but some have also asked for a copy of my budget and even details of other creditors debts owed and payments amounts.

As this is the first time I've attempted to arrange full and final settlements I'm not sure if this is normal or if I should provide them with this much information in order to agree settlements, or if this is just an attempt to get me to offer a higher amount?

I'd appreciate any guidance negotiating these offers in the best and most effective way.

National_Debtline

Hi mikey55


Welcome to the forum. As accepting a full & final offer is at a creditor's discretion they are free to ask for any further information they would like. You don't have to provide it, but it will make them much less likely to agree to your offer if you don't.


I would say the questions they have asked seem reasonable. Firstly they want to know that you are not trying to settle their debts when you have more important, priority debts outstanding such as rent arrears. They want to know where the money has come from in case, for example, you've sold a house and could actually afford to clear all the debt and not just part of it.


The budget sheet they have requested will show them what their prospects of recovering the debt are if they don't accept your offer. And finally they want to know what other debts and payment offers you've made to ensure they are getting a fair deal. If you owed a different creditor the same amount as them, they wouldn't want to see you were offering the other debt twice as much as them. I hope this helps, good luck with the negotiating.


Susie
@natdebtline

mikey55

Hi and thanks for the advice.

The amount I have to offer for full and final settlements would only cover about 20% of the total debts so I can't really see all the creditors accepting that at this stage. Some have already said it's too low while some have come back saying they can only accept figures around 80-90% although when I have said I can't manage that some have dropped to 55% and one around 30%.

Although on the one hand I can see that they want a fair share I'm also thinking that if they know the total funds available then they might be more likely to insist on a higher settlement for themselves?

I've also requested cca's from them all and the 4 main creditors who acknowledged receipt of cca requests have been over 6 weeks now and not produced anything as yet so I'm sending reminders and then wait to see what happens.

Interested to hear other peoples guidance and experience of negotiating settlement figures.

January2015

mikey55 wrote: »

Hi and thanks for the advice.

The amount I have to offer for full and final settlements would only cover about 20% of the total debts so I can't really see all the creditors accepting that at this stage. Some have already said it's too low while some have come back saying they can only accept figures around 80-90% although when I have said I can't manage that some have dropped to 55% and one around 30%.

Although on the one hand I can see that they want a fair share I'm also thinking that if they know the total funds available then they might be more likely to insist on a higher settlement for themselves?

I've also requested cca's from them all and the 4 main creditors who acknowledged receipt of cca requests have been over 6 weeks now and not produced anything as yet so I'm sending reminders and then wait to see what happens.

Interested to hear other peoples guidance and experience of negotiating settlement figures.

I wouldn't bother sending reminders. You've asked them for the CCAs. Until they produce them the debt(s) are unenforceable. Sit and wait. I've been waiting close on 2 years for some CCAs to be provided. I'm not contacting them, I'm not paying them. I'm now one third of the way to those debts being statute barred. It will probably not happen as these debts are from 2012 onwards so if the creditor got their act together they could provide a reconstituted CCA - but the debts have been sold on and the DCA can't seem to get the information from the original creditor..... not my problem

mikey55

I wouldn't bother sending reminders. You've asked them for the CCAs. Until they produce them the debt(s) are unenforceable. Sit and wait. I've been waiting close on 2 years for some CCAs to be provided. I'm not contacting them, I'm not paying them. I'm now one third of the way to those debts being statute barred. It will probably not happen as these debts are from 2012 onwards so if the creditor got their act together they could provide a reconstituted CCA - but the debts have been sold on and the DCA can't seem to get the information from the original creditor..... not my problem

Thanks for your help. Sounds like it might be a good idea to wait a while then as the 4 main creditors haven't provided cca's as yet. Looks like I'll end up going self managed with the dmp if I stop paying those who haven't produced a cca, don't think sc would agree to that but not worried about self managing anyway.

penewise

I'm in a similar situation. I'm waiting for replies to CCAs requested in December. I am paying through Payplan. At what point should I stop making payments if They don't reply and if a debt is sold on can the new company charge interest or is that only allowed by the original debtors?
I would also ask what experiences have people had with debtors after they stop paying after being told that the debt is unenforceable?

sourcrates

penewise wrote: »

I'm in a similar situation. I'm waiting for replies to CCAs requested in December. I am paying through Payplan. At what point should I stop making payments if They don't reply and if a debt is sold on can the new company charge interest or is that only allowed by the original debtors?
I would also ask what experiences have people had with debtors after they stop paying after being told that the debt is unenforceable?

The creditor is supposed to respond within 14 days, but these are just guidelines, in reality, it will take them up to two months to locate the original agreement, if they can at all.

If after 2/3 months, they have not produced anything, then stop your payments if you want too.

Once a debt defaults, that balance is frozen, no further charges or interest can be added, a debt purchaser cannot add further charges or interest unless the original agreement allows them to do so.

Ive had numerous accounts where the CCA was not able to be produced, they know the score, as well as you do, they may ask for payment, but they cannot enforce their rights through the courts, they tend to go quiet after a while, most you wont hear from again.

penewise

Thanks Sourcrates
If I don't hear within the next six weeks I will instruct payplan not to pay them.

Snook1965

I have a loan through avant,total standing at ,£3400,I have recently come into some inheritance and want to settle it on !!!!!! was going to offer £2400 would that be acceptable? 4u
Yr plan now 2yrs remaining ,it's my ex,S debt not mine just want it gone

fatbelly

Avant are quite good at these things - I'd start lower - say 50%

Justice13075

Cabot is chasing me for a £2100 loan debt which they bought from a loan company. I have offered £600 as a full and final settlement but they don't seem interested. What shall I do next