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  • onesteptoofar UE Diary

    Hi folks,

    I'm looking to try and settle up some outstanding debts with full and final settlements. I am currently unemployed but expect my fortunes may change later in the year, so am looking to try and get my current debts out of the way asap.

    Here are the amounts i am looking to try and any circumstances for each.

    Lloyds account - 2700, currently paying 1 pound per month. There has been 2780 in charges over the years but my hardship claims via the ombudsman fell on deaf ears at the start of the year. I have offered 1300 which was refused. Debt currently still with Lloyds.

    Lloyds Credit Card - 13500, no payments made since Sept 09 when no cca was produced. Debt was passed from Lloyds > SCM > MHA > BLS > Debt Managers > Call Credit... Out of the blue a cca was received in July '10 following a sar request from months earlier. Any ideas on how best to try and settle this, was thinking of going in at 3300, given over 9k of the balance can be attributed to interest over the years!! There is 465 worth of charges which i have never claimed back as i am not sure how this would affect my non-acknowledgement of the debt, whilst waiting for the cca. Should i try to claim these? Would i claim them from Lloyds or Call Credit if so?

    Lloyds Loan - 7500, currently paying 1 pound per month. Valid cca was produced. Debt was passed from Lloyds > SCM > MHA > BLS > Moorcroft. Have sent an offer for 1820 but expecting this to be refused (offer of 1300 was refused 4 months ago)...fingers crossed its accepted.

    Nationwide Loan - 7500, currently paying 1 pound per month. Valid cca was produced. Debt was passed from Nationwide > KPR > Wescot. Have sent an offer for 1820 but expecting this to be refused (offer of 1300 was refused 4 months ago)...fingers crossed its accepted.

    Cahoot Loan - 9200, no contact for nearly two years. No cca produced. Waiting for four more years before its statute barred


    Can anyone recommend a suitable letter template to ensure that once i receive the dca's response this will be the last i hear from them?

    Are there any templates out there to negotiate based on the outstanding balances being made up of excessive charges / interest in the case of Lloyds?

    Once i can finally agree a settlement figure i'll post the reponses on here to see if there're adequate. Obviously i won't be sending any money before i get their agreements checked in writing from you guys.

    Problem area and reason for my urgency for f+f's.

    I worked for a company previously and through a save as you earn scheme have acquired shares which in theory are worth over 50k. However, as the company is still privately owned the shares are simply a certificate which cant be bought/sold until the company eventually floats.

    My issue is that unless i can settle up my debts prior to the company float, debters would expect the full payments for outstanding balances....which would wipe out almost all of the share money, after taxes.

    The aim > To settle the debts asap through f+f's for as little as possible whilst i am in my current situation. Essentially unemployed and skint....but potentially with a large lump sum when/if the company floats. I can raise 10000 through family and friends.



    onesteptoofar

  • #2
    Re: Full and Final Settlement Letters

    Hiya

    Have you considered going down the unenforceability route with these? Before making F&F offers, being your credit file is already knackered - why not just consider UE and see what that brings, assuming we can get a few sorted that way that would leave you more funds to pay F&F into the enforceable debts....

    have a read here: ---> viewforum.php?f=13 and if you're happy to go ahead, complete a diary as detailed here: ---> viewtopic.php?p=6789#p6789

    I'll move the thread later, if you decide to follow the UE route - before freaking out at the idea, take a read though some of the UE Diaries found here: ---> viewforum.php?f=49
    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


    • #3
      Re: Full and Final Settlement Letters

      Hi Niddy,

      Apologies for not being clearer.

      I've already been down the unenforceablity route but have received valid cca's for all barring a Cahoot loan. The Lloyds credit card produced a cca via a sar request which arrived months after any correspondence direct from Lloyds, whilst the account was being passed around dca's.

      The f+f route appears to be the best option given my position with share money in the future, unless i'm missing something?

      Once a valid cca has been produced i thought that was that, so to speak?

      I have been unemployed since spring 2009, have no regular income and have only been making token 1 pound payments for a long period for all debts that have produced a cca / barring the Lloyds credit card that didnt produce the cca until randomly in July (sar request was back in March/April).

      Comment


      • #4
        Re: Full and Final Settlement Letters

        I think we should still do the CCA route, if i've not had a look then i'm not certain but usually there is always something wrong - even if not, you blag it til they threaten court then back down and haggle a F&F offer....

        Its part of the longer process, but it does work... quite effectively. Your credit file is already shot (I presume) so nothing to lose, worse case they'll issue court papers at which point you defend them (with outr help - postal not in person) and then back down and agree a repayment schedule....

        its worth a go, no?
        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


        • #5
          Re: Full and Final Settlement Letters

          Hi Niddy,

          Apologies i've been away from the internet for a few days.

          This sounds like a plan. Each time a debt has been passed to a new dca i've always followed the cca route. As things stand of those who currently own the debts, only Wescot have produced something that looks watertight.

          I have sent Moorcroft (Lloyds Loan) a cca request, then a reminder but have had no response. Likewise with Call credit (Lloyds Credit Card) and Apex (Cahoot loan) no contact at all following cca requests.

          I'll track down the cca's and pop back online later this evening.

          Comment


          • #6
            Re: Full and Final Settlement Letters

            Originally posted by onesteptoofar
            Hi Niddy,

            Apologies i've been away from the internet for a few days.

            This sounds like a plan. Each time a debt has been passed to a new dca i've always followed the cca route. As things stand of those who currently own the debts, only Wescot have produced something that looks watertight.

            I have sent Moorcroft (Lloyds Loan) a cca request, then a reminder but have had no response. Likewise with Call credit (Lloyds Credit Card) and Apex (Cahoot loan) no contact at all following cca requests.

            I'll track down the cca's and pop back online later this evening.
            Hiya

            Try and get the CCA's and email me them to never-in-doubt@live.co.uk and i'll check them out.....

            after you've sent the reminders don't send anything else til you've heard from us yea? May be best to summarise events to date then see where to go next.
            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


            • #7
              Re: Full and Final Settlement Letters

              Hi Niddy,

              You have email.

              Apologies for taking so long to get everything scanned.


              onesteptoofar

              Comment


              • #8
                Re: Full and Final Settlement Letters

                Originally posted by onesteptoofar
                Hi Niddy,

                You have email.

                Apologies for taking so long to get everything scanned.


                onesteptoofar

                I have spent ages linking odd emails to find the culprit - lol. So you sent me the CCA's and timeline in word doc? Please don't forget I need a username in the subject line... what I do is see who sent the email, come here and catch up - then read the email. If there is no username then the email sits for weeks til someone complains that i've ignored them!!

                Ok, i'll reply properly once I have checked the email properly......
                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


                • #9
                  Re: Full and Final Settlement Letters

                  Hiya

                  Following your email - see below; my comments are in red font:

                  November 08 – Natwest current account. Default satisfied 7th Jan 09
                  Bummer, usually i'd fight for you and get them wiped but pointless, due to the other defaults that you have - one default is as bad as 20 defaults.....

                  November 08 – Natwest current account. Default satisfied 11th March 09
                  Bummer, usually i'd fight for you and get them wiped but pointless, due to the other defaults that you have - one default is as bad as 20 defaults.....

                  Both Natwest accounts were overdrawn by around £1500 each. I received a default notice for each in Oct 08. Following my house sale in Nov 08 I settled immediately (Nov 08). Equifax actually records the satisfied date as 30th Nov 08. The default was just for one month ?.
                  See above comments.....

                  November 09 – DEFAULT - Lloyds Loan, balance shows 7450
                  See other post

                  November 09 – DEFAULT – Lloyds Credit Card, balance shows 13567
                  See other post

                  February 10 – DEFAULT – Nationwide Loan, balance shows £7511
                  See other post
                  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


                  • #10
                    Re: Full and Final Settlement Letters

                    Originally posted by onesteptoofar
                    Lloyds Loan, balance shows 7450
                    This is enforceable, unfortunately so pointless attempting UE with it. You'll lose as they will attempt formal (court) action. ;F- Consider offering a F&F at around 20% of balance (£1400) but you need to wait until it is with a DCA before they would consider accpeting, the lender never takes small offers - the DCA may well do.

                    Originally posted by onesteptoofar
                    Lloyds Credit Card, balance shows 13567
                    This is enforceable, unfortunately so pointless attempting UE with it. You'll lose as they will attempt formal (court) action. ;F- Consider offering a F&F at around 20% of balance (£2500) but you need to wait until it is with a DCA before they would consider accpeting, the lender never takes small offers - the DCA may well do.

                    Originally posted by onesteptoofar
                    Nationwide Loan, balance shows £7511
                    This is enforceable, unfortunately so pointless attempting UE with it. You'll lose as they will attempt formal (court) action. ;F- Consider offering a F&F at around 20% of balance (£1500) but you need to wait until it is with a DCA before they would consider accpeting, the lender never takes small offers - the DCA may well do.

                    Originally posted by onesteptoofar
                    Cahoot Loan
                    Continue to ignore this, do not contact them with your new address - just sit it out and await statute barred..... as it is not showing on your credit file, i'd not go chasing it -lol.
                    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


                    • #11
                      Re: Full and Final Settlement Letters

                      Hi Niddy,

                      Thanks for taking the time to find the culprit. Apologies for being a pest

                      Given that the three agreements are enforceable lets take it from there.

                      What is my best plan now?

                      Should I continue making 1 pound token payments to each? > Currently making 1 pound payments to Moorcroft (Lloyds Loan), Wescot (Nationwide Loan), Lloyds (overdraft). No payments have been made to Call Credit (Lloyds CC)

                      Moorcroft (Lloyds Loan) - awaiting reply to my f+f offer, Wescot (Nationwide Loan) - awaiting reply to my f+f offer, Call Credit (Lloyds Credit Card) - awaiting cca from them...

                      Are Moorcroft, Wescot and Call Credit all DCA's or are they just another arm for the original creditors?

                      Is there a better f+f template to use other than the one from the National Debtline site?

                      Given that I have defaults on my credit file what is the score with these. My understanding was that a default lasts for six years from the time it was resolved, then the default is removed. So essentially i'm screwed for a mortgage application for six years from the final defaults settlement date but i'll be ok thereafter.

                      Comment


                      • #12
                        Re: Full and Final Settlement Letters

                        Id like to chirp In I pay lloyds 60.00 a month for a loan and OD.. I had a call from one of their DCAS offering me 2/3 of the amount.. I counteroffered and htey said they would get back to me (OD is under 3k loan is under 10k) sooo Personally i would offer the DCA something if you can afford it. Bear in mind that if you offer 2K or whatever you need the WHOLEpayment they wont take partial payments.

                        Comment


                        • #13
                          Re: Full and Final Settlement Letters

                          Originally posted by onesteptoofar
                          Thanks for taking the time to find the culprit. Apologies for being a pest


                          Originally posted by onesteptoofar
                          Given that the three agreements are enforceable lets take it from there.
                          Did you see my comments next to each one - this explains what to do next.

                          Originally posted by onesteptoofar
                          What is my best plan now?
                          See above comment and my last post yesterday!

                          Originally posted by onesteptoofar
                          Should I continue making 1 pound token payments to each? > Currently making 1 pound payments to Moorcroft (Lloyds Loan), Wescot (Nationwide Loan), Lloyds (overdraft). No payments have been made to Call Credit (Lloyds CC)
                          Can you afford F&F offers or not? Its up to you what you do, but if you have the funds then make offers or why not try and blag them, then wait til they send/threaten court and make a F&F offer at that stage - you never know, you may just get away with it....

                          Originally posted by onesteptoofar
                          Moorcroft (Lloyds Loan) - awaiting reply to my f+f offer, Wescot (Nationwide Loan) - awaiting reply to my f+f offer, Call Credit (Lloyds Credit Card) - awaiting cca from them...
                          Ok, well let me know when they respond....

                          Originally posted by onesteptoofar
                          Are Moorcroft, Wescot and Call Credit all DCA's or are they just another arm for the original creditors?
                          External DCA's who would have paid around £0.12p in the £1 for your debt as both are biggies (Moorscroft/Wescot).....

                          Originally posted by onesteptoofar
                          Is there a better f+f template to use other than the one from the National Debtline site?
                          Yep, well not right now, but i'll do one and add it in templates then link it to you - bear with me ok? No rush right now....

                          Originally posted by onesteptoofar
                          Given that I have defaults on my credit file what is the score with these. My understanding was that a default lasts for six years from the time it was resolved, then the default is removed. So essentially i'm screwed for a mortgage application for six years from the final defaults settlement date but i'll be ok thereafter.
                          No - you're mistaken here, a default last 6yrs from the actual default date so whatever date the default was registered with the CRA - add 6yrs from that date.... That is why I always tell people it is best to get a default sooner as opposed to paying token payments for years, if you pay token payments for say 3 years then default, that would mean you have 3yrs of late payment markers plus an additional 6yrs default notice period.

                          If you'd just got defaulted at the start (for non payment) then you'd be free to start again after a total of 6yrs - but bear in mind most lenders only search back 3yrs and if that is spotless, they will not go back the full 6 so a 4 year old default is not always a barrier to obtaining credit - just some of the time. In your case, lets assume you have 2 defaults 3yrs old, and your lloyds overdraft that you're paying token £1 per month payments into - if you went for credit, the fact you will have late payments flagged up on the overdraft would force the lenders system to search 6yrs thus resulting in them seeing the defaults too.

                          Make sense?
                          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


                          • #14
                            Re: Full and Final Settlement Letters

                            Originally posted by jen_br
                            Id like to chirp In I pay lloyds 60.00 a month for a loan and OD.. I had a call from one of their DCAS offering me 2/3 of the amount.. I counteroffered and htey said they would get back to me (OD is under 3k loan is under 10k) sooo Personally i would offer the DCA something if you can afford it. Bear in mind that if you offer 2K or whatever you need the WHOLEpayment they wont take partial payments.
                            I usually go for around 20% tops - 2/3 is still too much to repay - bear in mind DCA's buy this for 12p in the £1..... so we offer 20p in the £1 - job's a good'un

                            ;-y ;-y
                            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


                            • #15
                              Re: Full and Final Settlement Letters

                              Hi jen_br,

                              Thanks for the input. I'm going to try and start low with a view to settling up for around 1/3 tops, if required.

                              I've gone around sweeping letters under the carpet thinking that by quietly following on MSE i was becoming quite adept at dealing with my situation but there is no substitute for actually speaking to niddy and following his advice of a diary.

                              It's made it abundantly clear that i'd been going round in circles for months, rather than making a goal and timelining all my debts/correspondance.

                              I'll keep this thread updated once i receive any replies from the f+f offers.

                              Comment

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