SHould I now pay these debts

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bradqwer
bradqwer Posts: 125 Forumite
edited 21 February 2019 at 12:07AM in Debt-free wannabe
Hi Guys I posted here before but thought id start the thread new as its prob lost in the many other messages so long story short I have 2k of debt it lowell that I have get them to acpt F&F offer of £450 over 3 payments and that's it debt done dusted gone whoooop!

As advised I have asked them to clarify that the debt wont be sold on once I have paid off this partial settlement and the wording they have used has been well not so clear I will list in order there replies and hopefully the last one will be enough for me to proceed.

To: '.. ..'
Subject: RE: offer of settlement



Good Afternoon,



Thank you for your email, I have noted your comments,



I have passed your settlement offer of £450 for all accounts to my manager. We will be in contact with you again once a decision has been made,


I have actioned your intentions to pay the discounted balances in three instalments of £150.00. Please note the payments need to be made to each individual account. The breakdown for the three instalments is as follows:

I have set to expect the payments via ‘cash’, A “cash plan” this just means that the payments will not be taken automatically by us. This allows you to make payments via our website, call up to make payments or transfer the money via bank transfer as convenient for you.



You will receive a separate email confirmation of each account being actioned shortly.



If you have any further questions, feel free to contact us.


I then replied with the following: Good Morning



I still have not had a reply to m y previous email un regard these being full and final settlements and that the balances wont be sold passed on or given back to the creditors/debt collection agencies as u are aware my payment date is approaching and without this assurance I am unable to commit to paying

There reply

Dear



Thank you for your email and I note your comments.



I see that my colleague Jessica emailed you on the 29/01/2019. Please accept my apology if this was not received.



I can confirm that your accounts with us will not be sold or passed on while there are active payment plans in place.



I hope this information helps.





It may also help you to know that we review our customers’ repayment plans every six months.



You can check your budget and keep track of your progress in clearing your accounts on our secure customer website.



If you have any further questions please do not hesitate to contact me.


Heres my reply to that: Thank you for this reply am a little worried by the wording of the email saying whilst there is a active payment plan in place could you please send me either a pdf or a atual letter stating that once I have paid of the £450 as agreed that the debts will be considered settled and my credit file will be updated to show I have made a full and final settlement payment also I need confirmation that these debts or the remaining balances will not be passed back to the creditor or sold onto another collection company ONCE I have made the £450 in payments as agreed via our offer.



The wording of your previous email leaves me open to the balance being sold on I feel and I have heard stories of this happening in the past.



I trust you will forward me this asap so I can start making these payments to yourselves and hope this is the last time I have to ask..

and there final reply sent a few days ago

With regards to your email, I am sorry that my colleagues previous email was unclear on the process regarding your accounts.



Whilst there is a plan in place on your account, Lowell would not look into passing your account onto any external companies.



However if there are no plans or offers in place on an account, Lowell would reserve the right to pass this to an external third party to work on our behalf.



With regards to how this will reflect on your credit file, we will update the credit reference agencies with details of any payments you make. If you pay your account in full, the default will show as “satisfied”. If we agree to accept a discounted amount as settlement, the default will show as “partially satisfied” when paid.



Updating your credit file to show you are making payments or that you have paid your account could improve your credit rating.



I hope this clarifies this matter for you.



I can see that there is one further account however this is currently being dealt with externally, as such you would need to contact the company dealing with this account directly. Please see details below:


Would you proceed? Do I have enough to cover my back?
'Save £1,100 in 2019' #81

£50/£1100
«1

Comments

  • fatbelly
    fatbelly Posts: 20,600 Forumite
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    It's not clear to me that they are accepting these sums in full settlement.

    Your previous thread was here

    https://forums.moneysavingexpert.com/showthread.php?p=75413002
  • bradqwer
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    fatbelly wrote: »
    It's not clear to me that they are accepting these sums in full settlement.

    Your previous thread was here

    https://forums.moneysavingexpert.com/showthread.php?p=75413002

    TY I have no posted my reply in there could you maybe reply there as I dont know my next steps and I cant word the email to get the response I want from them
    'Save £1,100 in 2019' #81

    £50/£1100
  • datlex
    datlex Posts: 2,239 Forumite
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    I don't think they have agreed F&F on this, but obviously I may be wrong. £450 is less than a quarter of what is owing, I can't see them agreeing to such a small amount. You might want to ask them to confirm that once the £450 is paid that no further payments will be due. If they refuse to or put some blurb then assume it is not a F&F, that they regard it as you paying off £450 more quickly. Be careful that they don't think you have an extra £150 each month now to pay off the rest.
    Paid off the last of my unsecured debts in 2016. Then saved up and bought a property. Current aim is to pay off my mortgage as early as possible. Currently over paying every month. Mortgage due to be paid off in 2036 hoping to get it paid off much earlier. Set up my own bespoke spreadsheet to manage my money.
  • bradqwer
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    Im so confused I should have kept on ignoring these debts

    In the most recent replies they say that the credit file will be reflected to show that the debts are partial settled

    I just need a email outlining what I need from them but I cant seem to word it in a way that commits them to agreeing this is a full and final settlement offer and that I will be released from all liability once the payment of £450 has been made
    'Save £1,100 in 2019' #81

    £50/£1100
  • -taff
    -taff Posts: 14,548 Forumite
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    Tell them you are offfering this in F&F as a one time offer and you want confirmation, in writing, that they accept this as a F&F settlement.. If they don't accept this, you won't be paying it.
    Keep it short.
    Shampoo? No thanks, I'll have real poo...
  • sourcrates
    sourcrates Posts: 28,929 Ambassador
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    Dear Lowell,


    Without prejudice

    Account No: xxxxxxxx


    I am writing about the money which you are claiming on the above account.

    I can confirm that I am unable to pay the money which I owe in full.
    However, I can raise £450 and I want to offer this as full and final settlement of the account.

    I am making this offer on the clear understanding that, if you accept it, neither you nor any associate company will take any other action to collect or enforce this debt in any way and that I will be released from any and all liability.

    If you accept this offer, please confirm that you will mark my credit reference agency file to show that the above account has been paid and closed.


    Yours Sincerely


    Bradqwer.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • bradqwer
    bradqwer Posts: 125 Forumite
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    Thank you Sourcrates, I have forwarded Lowell a copy of that letter and will update u all
    'Save £1,100 in 2019' #81

    £50/£1100
  • John_G_Jones
    John_G_Jones Posts: 542 Forumite
    edited 15 February 2019 at 2:01PM
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    bradqwer wrote: »
    Im so confused I should have kept on ignoring these debts

    In the most recent replies they say that the credit file will be reflected to show that the debts are partial settled

    I just need a email outlining what I need from them but I cant seem to word it in a way that commits them to agreeing this is a full and final settlement offer and that I will be released from all liability once the payment of £450 has been made
    Why should you have kept ignoring them? Do you not owe the money?

    Edited to say, I’ve just seen that while trying to wriggle out of repaying you were asking for advice on investing. I wish I hadn’t responded now.
  • Verityspinelli
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    sourcrates wrote: »
    Dear Lowell,


    Without prejudice

    Account No: xxxxxxxx


    I am writing about the money which you are claiming on the above account.

    I can confirm that I am unable to pay the money which I owe in full.
    However, I can raise £450 and I want to offer this as full and final settlement of the account.

    I am making this offer on the clear understanding that, if you accept it, neither you nor any associate company will take any other action to collect or enforce this debt in any way and that I will be released from any and all liability.

    If you accept this offer, please confirm that you will mark my credit reference agency file to show that the above account has been paid and closed.


    Yours Sincerely


    Bradqwer.

    What a nice thing to do.
    Well done... :beer:
  • bradqwer
    bradqwer Posts: 125 Forumite
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    Email sent of as wrote by sourcrates thanks again so the 1st payment day is fast approaching 1-3-18 and I'm hoping to hear back from lowell this week hopefully I will post any reply here but what if they keep padding it out with fluff? This is by far my biggest debt and clearing this and having to not worry bout it long term is a huge relief
    'Save £1,100 in 2019' #81

    £50/£1100
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