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  • #31
    Re: Full and Final settlement

    Apologies for the curveball on this subject.....

    How would / does it sit if a negotiated f&f settlement is paid by balance transfer on a credit card? Does the credit card company who take on the 'balance' constitute a 'third party'?

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    • #32
      Re: Full and Final settlement

      Hi Lakeside,

      We will try to examine all this in detail shortly but at first pass I would not take the risk. They would in my view not constitute a third party. The problem with all this and anyone even thinking about this is that it is NOT like CCA1974 and all that. This is Common Law of Contract and is very complex. The mechanisms are deceptively can I stress DECEPTIVELY simple, the underpinning judge-made law is NOT.

      The litigation baggage is very expensive if it all goes wrong. This is not a magic wand and even done to the letter carries an element of risk of "losing" the settlement monies "on account" and still having the outstanding debt. Reference Pinnel (Penny v Cole) 1602

      regards
      Garlok

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      • #33
        Re: Full and Final settlement

        Originally posted by Lakeside1 View Post
        Apologies for the curveball on this subject.....

        How would / does it sit if a negotiated f&f settlement is paid by balance transfer on a credit card? Does the credit card company who take on the 'balance' constitute a 'third party'?
        I am far from an expert, but I would think if you did a balance transfer without having previously agreed the figure with them in writing it would not be considered a f&f. The recipient would not have had a choice as to accept the payment and actively bank it or the ability to return it if they did not accept as funds would have been sent to the account without their input therefore it would not stand up in court - I think??
        When you have nothing you have nothing to lose

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        • #34
          Re: Full and Final settlement

          Hi Good People,

          I am just starting a new thread : Settlements, F & F. A Discussion. So we can all de-camp over there and leave mrs M in peace.

          http://forums.all-about-debt.co.uk/s...ead.php?t=2365
          Regards
          Garlok
          Last edited by garlok; 16 July 2011, 11:30.

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          • #35
            Re: Full and Final settlement

            Sorry folks trying to get my links to work!

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            • #36
              Re: Full and Final settlement

              Originally posted by garlok View Post
              Sorry folks trying to get my links to work!
              Justed clicked it. it works fine
              I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

              If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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              • #37
                Re: Full and Final settlement

                No you by all means carry on if it helps people do things the right way then its all good x

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