Full and final settlement help thread

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  • sourcrates
    sourcrates Posts: 28,878 Ambassador
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    Reading this forum is inspiring me to try F&F offers with some of my creditors - I'll try small debts that have been passed on a few times first. Will update on amounts, offers and outcomes :)
    Starting bright and early tomorrow morning!

    Hi,

    In reply to your other thread, regarding car repossession.
    (Can't respond on the stepchange thread)
    Are you reffering to bailif repossession for non payment of finance on a particular vehicle, or seizure of the vehicle to repay another debt, such as council tax arrears ?
    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
  • StrawberryKiwi
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    It'd be another debt, catalogue balance, overdraft from years ago, payday loans

    Thanks for replying
  • sourcrates
    sourcrates Posts: 28,878 Ambassador
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    It'd be another debt, catalogue balance, overdraft from years ago, payday loans

    Thanks for replying

    In that case, only if a debt has been to court, and a CCJ awarded against the debtor, and then if they default on the payments set by the court, the creditor can involve bailiffs to Seize the vehicle if it's in the debtors name.

    Proof of ownership would be needed.
    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
  • StrawberryKiwi
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    Thank you :)
  • fatbelly
    fatbelly Posts: 20,492 Forumite
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    sourcrates wrote: »
    In that case, only if a debt has been to court, and a CCJ awarded against the debtor, and then if they default on the payments set by the court, the creditor can involve bailiffs to Seize the vehicle if it's in the debtors name.

    Proof of ownership would be needed.

    And for these debts it would most likely be the court bailiff, who would be a court employee, and would stick to the rules. Easy to divert him anyway - some even carry a stock of N245 forms with them anyway to suspend the warrant and vary the order.

    Nothing to worry about...
  • Butterfly46
    Butterfly46 Posts: 5 Forumite
    edited 22 April 2016 at 4:58PM
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    I have been on a DMP with Stepchange for about 7 years. My current debt with Cabot is £6460.96. A relative has given me a lump sum to try to pay off my debts and guess what? Cabot have accepted a F & F settlement of £2690.51 that's a whopping £3770.45 discount!! This is all thanks to Stepchange negotiating on my behalf, I can't thank them enough! Most of my other creditors have accepted offers too, all but two who have dug their heels in. So now they are getting £1 per month each until my situation improves!! Feeling happy :D :j
  • daruma
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    Hi there

    I'm sure my answer is out there somewhere, I've done a lot of searching but the answers given to similar circumstances don't quite match mine

    I have a credit card debt from a Halifax credit card I took out in 2004, in 2009 it went to default and from there I paid regular monthly payments - Halifax agreed to suspend charges and interest during this time 2009 to date

    There is still an amount outstanding and it's showing as a default on my credit file, I would like to make them an offer of 50%

    Today I called up, spoke to a call centre outside the UK and they offered 75% and the credit file would show partially settled

    I've taken one of the online templates and removed the paragraph:

    "The alternative is for me to place the account formally into dispute and demand s.10 CCA (1974) is brought into play (cease & desist) whilst I reclaim all unlawful charges combined with all costs. I shall then look at the legality of the assignment of debt; the issuance of a default notice and the agreement (prescribed terms) and between them, I'll probably be able to counter sue and litigate over unenforceability."


    Dear Sirs,

    Account No:XXXX XXXX


    I write with reference to previous communication regarding an outstanding balance on the above mentioned account and wish to make an offer to resolve that will suitably please both parties.

    I do have an outstanding balance on the account, as you are fully aware this is made up primarily of charges. However, a default to you and no payment will not achieve much and so I therefore write to try and resolve matters amicably, that will suit both of us long term. I propose to offer a full and final payment to settle and close this account to the value of 50% of the original amount, which will take into account and absorb, a lot of the charges that have been added to the account throughout time.

    To summarise, I am more than happy to settle as much as 50% of the total amount owing so long as you can agree to, and ensure that, the following actions will be carried out;
    • The Default Notice will be removed
    • The Status of the account will change from “Defaulted” to “Settled”
    • The Current Balance will appear as £0.00
    • The Default / Delinquent Balance will be set to £0.00
    • There will be no date in the “Defaulted Date” field (as it will be removed)
    • There will be no date in the “Date Last Delinquent” field on the report
    • This will apply to all 3 Credit Reference Agencies, namely Experian, Equifax & Call Credit

    If you're happy with my proposal, please respond confirming each of the above points on official letter-headed paper, confirming the exact amount owing and I will send a cheque or make a bank transfer by return.

    I look forward to your response.

    Yours faithfully


    I'd be prepared to pay the amount in full which is just shy of £1000.00 but if there's an opportunity to pay less then why not.

    Before posting the letter to Halifax Recoveries in Brighton I just wondered if my wording was correct. I don't have a record of the account between 2004-2009 but I'd guess there were some charges

    Any help most gratefully appreciated

    M
  • [Deleted User]
    [Deleted User] Posts: 0 Newbie
    edited 28 April 2016 at 2:42PM
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    I have been on a DMP with Stepchange for about 7 years. My current debt with Cabot is £6460.96. A relative has given me a lump sum to try to pay off my debts and guess what? Cabot have accepted a F & F settlement of £2690.51 that's a whopping £3770.45 discount!! This is all thanks to Stepchange negotiating on my behalf, I can't thank them enough! Most of my other creditors have accepted offers too, all but two who have dug their heels in. So now they are getting £1 per month each until my situation improves!! Feeling happy :D :j

    Well done, Butterfly. No wonder you're feeling happy:T

    I'm with SC too and might be in a position to offer a F&F to one of my creditors if an expected sum transpires. I wasn't aware that SC negotiated F&Fs on their client's behalf, I thought we had to do it ourselves or go self-managed to pay large sums to individual creditors.

    Please could you post how you went about getting them to do it? Is it just accounts that have been 'sold on' that are likely to bring results? I understood that debts still with original creditors, even when defaulted, are less likely to be accepted for F&Fs. Pardon my ignorance:o
  • stuffed80
    stuffed80 Posts: 17 Forumite
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    I'm currently saving money to hopefully pay full and final settlements on £30000 worth of debt. Just wondering if one of my debts to eat to court for a ccj for any reason will the judge look at my bank statements etc and maybe force me to use this saved money to pay the can debt or will be understand I am saving to.pay them all of fairly and equally.
    I've been told judge won't have time to check bank accounts etc but will only ask for income and expenditure figures.
    Just seeing if anyone has been in this position and can shed more light on what may happen.
  • sourcrates
    sourcrates Posts: 28,878 Ambassador
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    stuffed80 wrote: »
    I'm currently saving money to hopefully pay full and final settlements on £30000 worth of debt. Just wondering if one of my debts to eat to court for a ccj for any reason will the judge look at my bank statements etc and maybe force me to use this saved money to pay the can debt or will be understand I am saving to.pay them all of fairly and equally.
    I've been told judge won't have time to check bank accounts etc but will only ask for income and expenditure figures.
    Just seeing if anyone has been in this position and can shed more light on what may happen.

    Hi,

    I answered this question for you in your previous thread on 29/03.

    http://forums.moneysavingexpert.com/showpost.php?p=70585964&postcount=17
    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
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