Advice on wording of f&f offer

3011gillian

We’ve had PRA return a couple of statements in response to our CCA request. The have deemed it unenforceable but that they are still looking for further docs. In the meantime they are getting £109 a month via our stepchange DMP.
So I think I want to try a F&F settlement offer so the £109 might be spread between the other sooner. The debt is £2400.
I’m torn as to what % to offer given it’s quite soon after the CCA (but I guess if they haven’t sent it now they might never do?!)

Although I really don’t want to threaten to not pay if they decline the offer (quite happy with the dmp and don’t want the extra stress of self management and this debt coming back in future if they suddenly find paperwork) is there a way to word it to say that ‘we understand we are not obliged to pay whilst it is unenforceable we weould like to offer a f&f amount of x’

Any advice would be great.

sourcrates

Don’t complicate things, just send the standard settlement offer letter to them :

https://www.nationaldebtline.org/EW/sampleletters/Pages/Full-and-final-settlement-offers-%28sole-name%29.aspx

fatbelly

I would:

• acknowledge their statement that the debt is currently unenforceable
• point out that you have other debts that are now of a higher priority
• offer a small sum to bring this matter to a conclusion by way of full & final settlement

For an unenforceable debt I'd start low - say 10%

Use the National debtline letter but work in those points

sourcrates

fatbelly wrote: »

I would:

• acknowledge their statement that the debt is currently unenforceable
• point out that you have other debts that are now of a higher priority
• offer a small sum to bring this matter to a conclusion by way of full & final settlement

For an unenforceable debt I'd start low - say 10%

Use the National debtline letter but work in those points

Evening FB, all ok with you ?

3011gillian

Thank you both.

Offers sent today of £210 on a £2100 debt and £235 on a £2300 debt. Fingers crossed they accept or counter with only a little more!

Exodi

To be honest, if you're currently paying them £109 a month, I can't see why they would accept £220?

As the debts unenforceable you should cease payments. As it is now, I'm sure they'll be more than happy to stick to your current arrangements of paying half the amount you offered as F&F monthly despite it being unenforceable.

3011gillian

Exodi wrote: »

To be honest, if you're currently paying them £109 a month, I can't see why they would accept £220?

As the debts unenforceable you should cease payments. As it is now, I'm sure they'll be more than happy to stick to your current arrangements of paying half the amount you offered as F&F monthly despite it being unenforceable.

Yeah I get that. I’m just trying to avoid non payment after reading about PRA chasing/letters/calls even on unenforceable debts. I’d we were in a different situation I’d dig my heals in and not pay but we’re in a dmp and just want to get this debt out of our lives so we can move on. The stress of debt has really taken its toll so I don’t have the energy to fight to the death ha ha!

I think best case is they accept (we did imply in the letter that other debts were now more important so they might anticipate we might stop payments), middle ground is they counter with something reasonable to us depending on what we can save. Worst case is they still want the full amount and then we’d eother have to make the decision to let the dmp roll to the end and pay the debt in full or go down the self management and cease payment route for these two debts at least.

WhenIam64

I’m just trying to avoid non payment after reading about PRA chasing/letters/calls even on unenforceable debts

If the debt is unenforceable why should a letter or call have any effect? Granted some of these letters are carefully crafted to generate a response but look beyond the words to the actual facts of each individual debt.

Or take each one step by step. Use the knowledge gained on one to knock off the others.