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  • Full and Final Settlement Advice

    Hi,

    I am fairly new to the site however have done a bit of research and am hoping somebody can give me a little further advice prior to my next move.

    To explain my situation, I currently have 4 x credit cards with a total balance of approximately £28k (courtesy of a dear ex-girlfriend who promised to repay what she spent!)

    Unfortunately prior to repaying the money we went our seperate ways and, as the cards were in my name, I have been left with the debt.

    I have always maintained my payments and have never missed one - indeed my credit record is very good, with the exception of this high level of credit card debt.

    I have really struggled to maintain payments and am not able to enjoy any kind of social life as so much of my monthly income is spent of maintaining my card payments.

    It depresses me when I think of the amount I owe and the interest I am charged each month by these companies.

    I have got to the stage where I feel like buying a one-way ticket aborad and never returning to escape the burden - but that would be running away from my problems which I do not want to do.

    I have written to all 4 creditors to request the original true-copy of the CCA to verify enforcability. 2 have returned what look like good CCA's however 1 has returned a clearly non-compliant CCA and the 4th simply replied saying they cannot locate the CCA, although did proceed to remind me that 'the debt is still enforcable etc etc'.

    I have recently had a conversation with my mother who has agreed to loan me approximately £20k in order to clear the debt (or as much of it as possible).

    Now that is the situation, in a nutshell, my question is surrounding offering a Full and Final settlement.

    1. For the companies that HAVE produced what appear to be valid CCA's, am I able to make them an offer if I clearly detail the reasons for my offer. (i.e. I am really now struggling to maintain minimum payments and sooner or later I will definately start to miss payments through no choice of my own. Surely accepting a dedcent F&F would be in their best interest now rather than debt collection referrals later.)
    If I do offer a F&F, what sort of level would you recommend offering given the fact that up to now I have NOT missed any payments and that they DO HAVE a valid CCA?

    2. For those companies that DO NOT have a CCA can I offer a F&F and what should I say to them regarding my sitatuion? What level/percentage as a F&F should I offer and should I mention the lack of CCA as a bargaining tool to convince them to accept the offer?

    Any advice, assitance and experience of such areas would be greatly appreciated.

    At the end of all of this - I just want to get my life back which I have not had for so long due to the burden of debt on my shoulders.

    Many thanks in advance for any help and assistance.

    Len

  • #2
    Re: Full and Final Settlement Advice

    Email me all 4 agreements and i'll tell you which are enforceable and which are not. Then i'll advise F&F offers based on balances if that helps....>?

    Basically, read this and write a diary - in the UE threads section....

    ---> viewtopic.php?f=49&t=9&p=6789#p6789
    I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

    If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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    • #3
      Re: Full and Final Settlement Advice

      Bank of Scotland - they have confirmed they do not have the original agreement so keep this letter safe! In the meantime respond with the following and cease all repayments to the account: ---> http://forums.all-about-debt.co.uk/view ... 1503#p1503

      HSBC - They have sent your application but it doesn't really conform with s.78 so respond with the following: ---> http://forums.all-about-debt.co.uk/view ... 1629#p1629

      MBNA - This is enforceable, it is "too new" - i.e. taken in 2006. You'll need to negotiate settlement with them. Let the account default though (so ignore them just now) and see what they do - if they get too heavy then you know to back down.....

      Tesco/RBS - Dunno - pointless blanking info out cos it makes my job 10x as hard. Please resend me a proper un altered version otherwise you can consider it enforceable.

      Please also read this post here and provide detailed info as requested: ---> viewtopic.php?p=6789#p6789

      Thanks - Niddy gh
      I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

      If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

      Comment


      • #4
        Re: Full and Final Settlement Advice

        The tesco one is also UE as it is not signed by you nor does it attach the PT's to the agreement/application.

        You should respond with this: ---> http://forums.all-about-debt.co.uk/view ... 1503#p1503
        I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

        If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

        Comment

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