Full and final settlement help thread

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  • fatbelly
    fatbelly Posts: 20,492 Forumite
    Name Dropper First Anniversary First Post Cashback Cashier
    Just to make things clear - whatever it is, Arrow (a debt buyer) will have paid less than £160 for this, and want you to pay them £1600. If I am right there is nothing they can do legally to collect on this, nothing they can do to affect your credit file and no reason why you should contribute to their profits. Even if you have funds available, I am sure you have better things to do with your money.
  • farmeress wrote: »
    In my bid to negotiate F&F's to clear my debts, I have CCA's Barclaycard (I owe them £6000). I took this credit card out in appx 1989 and have today received a reconstituted agreement... now how do i know if it is enforceable? There is no signature on the agreement and no credit limit. Any advice about how I know if it's enforceable or not?

    Thanks in advance.

    Hi farmeress - looks like your question got overlooked and we've moved on to a new page, but I spotted it when I was catching up.

    Not an expert on this but currently doing CCAs myself, so hopefully this link will help you:

    http://consumer.newbeginningsresources.co.uk/credit/dealing-with-debt/consumer-credit-act/prescribed-terms/

    The reconstituted agreement is allowed, but it needs to contain the prescribed terms as it's before a certain date (can't remember what date, but it's definitely later than your agreement date).

    So, this link should be your starting point to compare against what they've sent you. If you think they've failed in this regard, write to them telling them they have failed to meet the requirements of the CC Act, and that you believe the debt is unenforcable.

    If you're not sure, though, you might need to show it to a debt solicitor who can confirm for you whether it is unenforceable.

    Hope this helps.

    GB
  • LJB290
    LJB290 Posts: 106 Forumite
    In 2013 we "sold" our debt to a company for a fee.
    The debt was with Virgin Money who transferred or sold it to Link financial (I'm not sure which).
    The debt is £10,500.

    After a time the debt came back to haunt us when the company we "sold" it to went out of business.
    Since then (just over 2 years) we have been paying a token payment to Link of £1 per month.

    We are now in the position to be able to offer a settlement with some money from a family member.
    Where should we start with negotiations?
    Bearing in mind our age (56), is it worth offering £1,500 (expecting to pay about £2,200 total)?
    It would certainly take a long time to pay that off at £1 per month.......

    Do you think it is worth offering?

    many thanks
  • sourcrates
    sourcrates Posts: 28,878 Ambassador
    First Anniversary Name Dropper First Post Photogenic
    LJB290 wrote: »
    In 2013 we "sold" our debt to a company for a fee.
    The debt was with Virgin Money who transferred or sold it to Link financial (I'm not sure which).
    The debt is £10,500.

    After a time the debt came back to haunt us when the company we "sold" it to went out of business.

    Hi,

    What do you mean "we sold the debt for a fee" ?

    I`m a little confused about this statement.
    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
  • farmeress wrote: »
    In my bid to negotiate F&F's to clear my debts, I have CCA's Barclaycard (I owe them £6000). I took this credit card out in appx 1989 and have today received a reconstituted agreement... now how do i know if it is enforceable? There is no signature on the agreement and no credit limit. Any advice about how I know if it's enforceable or not?

    Thanks in advance.

    They can send a reconstituted copy but it has to be the t&c's you signed and not any from more recently than that. It's difficult for you to know if what they sent you is correct unless you kept a copy of the original yourself.

    I would think about sending a Subject Access Request - for which they can charge you £10. This will mean they need to send a copy of all information they hold on you. That might be more revealing in this instance.
    DFW Nerd No. 1484 LBM 07/01/15 Debt was £95k :eek: Now debt free and happy :j
  • They can send a reconstituted copy but it has to be the t&c's you signed and not any from more recently than that. It's difficult for you to know if what they sent you is correct unless you kept a copy of the original yourself.

    That's often what causes the confusion IMO:eek:. The T&Cs of mine look pretty comprehensive but bear no date anywhere. How is it possible to know if they are from the time of starting the agreement or from much later?
  • LJB290
    LJB290 Posts: 106 Forumite
    "In 2013 we "sold" our debt to a company for a fee.
    The debt was with Virgin Money who transferred or sold it to Link financial (I'm not sure which).
    The debt is £10,500.
    After a time the debt came back to haunt us when the company we "sold" it to went out of business.
    Originally posted by LJB290

    What do you mean "we sold the debt for a fee" ?
    I`m a little confused about this statement.


    Sorry for being unclear:
    There was a scheme whereby a company bought your debt to fight or settle on your behalf. The debt was "legally transferred" to this company.
    We signed up (due to various reasons that I wont bore you with now). The company then took on the debt and either fought it or settled it after a fight.
    That company decided to close down 2 years ago when the going got tough and the debt was then transferred back to us (even though their paperwork boldly stated that this could and would never happen).
    We found that the company had paid Virgin Money/Link a couple of £1 payments over a few years and we decided to continue to pay that £1 per month. Now we are in the position where we could make an offer.
    The debt is £10,500.
    What would be a reasonable offer to start at?
    (BTW: this case along with hundred of others was taken to the FOS many months ago and they are apparently investigating extensively).
    many thanks
  • sourcrates
    sourcrates Posts: 28,878 Ambassador
    First Anniversary Name Dropper First Post Photogenic
    LBJ290,

    I have never, ever, heard of such a scheme.

    I would be hesitant to pay anything at all, as it sounds decidedly dodgy to me, what was in this for the company that bought it ?

    Banks sell debts, I've never heard of individuals doing so.

    If it were me I'd be requesting paperwork via a sec 77/79 request for information under the consumer credit act from who ever has the debt now before I parted with a penny.
    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
  • TeaRex
    TeaRex Posts: 52 Forumite
    I have a defaulted (Feb 2017) Barclaycard account which currently stands at £4707 owed and interest and charges have all been frozen. I am currently paying £20 monthly to Barclaycard while I pay off my Argos card and Lloyds CC. When I have paid off my other two accounts I want to pay off the Barclaycard one but will Barclaycard accept a full and final offer? Or would it have to be sold on to a debt collector first?

    Thanks
    June 2015 Debt - £23643 // March 2018 Debt - £1490
    Sealed Pot Challenge Member - 584
  • fatbelly
    fatbelly Posts: 20,492 Forumite
    Name Dropper First Anniversary First Post Cashback Cashier
    TeaRex wrote: »
    I have a defaulted (Feb 2017) Barclaycard account which currently stands at £4707 owed and interest and charges have all been frozen. I am currently paying £20 monthly to Barclaycard while I pay off my Argos card and Lloyds CC. When I have paid off my other two accounts I want to pay off the Barclaycard one but will Barclaycard accept a full and final offer? Or would it have to be sold on to a debt collector first?

    Thanks

    Yes they will, but don't expect a spectacular deal. They will be looking for around 75%, but you could start lower and see what the response is.
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