onesteptoofar UE Diary

[Never-In-Doubt]

Re: Full and Final Settlement Letters

Ok, leave it with me and on Saturday i'll sort you a template to send off for F&F's.

As above matey ^^^^

[onesteptoofar]

Re: Full and Final Settlement Letters

Hi Niddy,

Hope all is well. The new forum image looks good.

Any chance you might get chance to take a look at a f+f template sometime this week?

[Never-In-Doubt]

Re: Full and Final Settlement Letters

sorry mate I totally forgot - been hectic lately and I had to start a new legal section as a lot of lenders are issuing court papers right now. I'll sort it, promise.... please pm me so I remember LOL.....

[onesteptoofar]

Re: Full and Final Settlement Letters

No worries mate. You are doing a fantastic job for all of us.

Good things come to those who wait

[onesteptoofar]

Re: Full and Final Settlement Letters

Hi Niddy,

New site looks sweet. Might be worth moving this thread?

I'm going to update each of my debts status's this evening and attempt a letter to try and negotiate on my currently stalled negotiations. (3 Lloyds based (would have been good to try and pool a f+f together as they're are all still with different dca's), 1 Nationwide. I am ignoring the Cahoot until its statute barred. ;-y

If you get chance to read my letters before i send that'd be fantastic ;K7

[onesteptoofar]

Re: Full and Final Settlement Letters

Lloyds Account
Commenced pre-1998
Outstanding balance -2800
Token 1 pound payments made since end 2009
ACCOUNT HAS NOT YET DEFAULTED
Lloyds / SCM Solicitors still own the account

Current Status - Aiming to default asap. Made token 1 pound payments in Sept 2010 but these will be the last. Offered a f+f for 1000 in Sept, awaiting reply.

Outstanding balance - 2800
No payments made since Sept 2010
DCA - SCM
Offer of 1000 made in Sept 2010 was refused.


Have not checked credit file for default status as i have no free credit checks left, aiming to default asap.

Attempted letter (unless negotiating to pool a f+f for Lloyds debts might work better?):

WITHOUT PREJUDICE

Dear Sir/Madam,

Re: Account No. xxxxxxxxxxx
Ref No: xxxxxxxxxxx

I write with reference to the money which you are claiming on the above account.

I am disappointed that you were unable to accept my proposed offer as a full and final settlement, unfortunately we are unable to raise an increased offer.

As I have stated in previous correspondence, since making that above agreement with xxxx name of original creditor xxxx my circumstances have changed.

I cannot now afford to agreed monthly payments because I lost my job on xxxx date xxxx and have been out of employment since this date. Despite my determination and expectation to secure employment since this time I remain unemployed.

I have contacted the CCCS again in order to sort out my finances due to the change in my circumstances and they have advised that as I have no significant assets it would be in my interest to start bankruptcy proceedings with immediate effect. Nevertheless as a responsible debtor, I wish to find a way to amicably settle all outstanding debts.

As you are fully aware the outstanding balance 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.

Via a third party, I can raise £xxxx and I want to offer this as an ex-gratia payment in full and final settlement of the account. This will take into account and absorb, a lot of the charges that have been added to the account throughout time.

This offer is made on the clear understanding that neither you nor any associate Company will take any other action to enforce or pursue this debt in any way whatsoever and that I will be released from any liability. This is a time sensitive offer.

I also request that you will mark any entry on a credit reference agency file relating to the above account as "satisfied" in full.

Payment can be made within 28 days of receiving your written agreement of this offer and method of payment.

I look forward to receiving your reply.

Yours faithfully

xxxx Digitally signed xxxx

[onesteptoofar]

Re: Full and Final Settlement Letters

Lloyds Loan - 20k - Taken July 2005
Enforceable CCA - Niddy checked
Outstanding balance - 7500
Last full payment made - June 2009
Token 1 pound payments made to relevant DCA's Oct 09-Present
Default - Nov 2009
DCA - Moorcroft

Current Status - Moorcroft have not produced a CCA themselves (their latest correspondence assures it is on its way from Lloyds). Offered 1820 as a f+f, no response. (Sept 2010)

I wish to negotiate a f+f but the most i can possibly afford is around 2300. Will continue to make token 1 pound payments and wait for a reply to my f+f offer.

Outstanding balance - 7500
Last full payment made - June 2009
Token 1 pound payments made to relevant DCA's Oct 09-Sept 10
Default - Nov 2009
DCA - Moorcroft

Status - Received a letter in Sept stating they had received my request for a CCA, had requested this from Lloyds and were placing the account on hold for the time being (previous DCA produced an enforceable CCA).

Have not made any token £1 payments since Sept. No response to my offer of f+f made in Sept.

Should I just wait for them to produce the CCA thats already been produced by another DCA? I would like to f+f the debt and begin cleaning up my credit file asap. Moorcroft are worse than me for ignoring letters ;D

[onesteptoofar]

Re: Full and Final Settlement Letters

Lloyds Credit Card - Limit increased to 10k over the years - Taken July 05
Enforceable CCA - Niddy checked
Outstanding balance - 13500
Default - Nov 2009
Nothing paid since Sept 2009
DCA - Account has been passed from Lloyds > SCM > MHA > BLS > Debt Managers > Call Credit...but the last correspondence was from Lloyds - Account may have been passed back to them.

Current Status - Over 9k of the balance can be attributed to interest over the years and there are 465 worth of charges which i have never claimed back.

I can afford to make a f+f for upto 3300.

I'm not sure whether i should try and claim back charges to reduce the debt, or go straight for the f+f?

Enforceable CCA - Niddy checked
Outstanding balance - 13500
Default - Nov 2009
Nothing paid since Sept 2009
DCA - Account has been passed from Lloyds > SCM > MHA > BLS > Debt Managers > Call Credit...account now back with Lloyds consumer debt recovery.

Attempted letter (...going to attempt a pooling the Lloyds debts letter after this post...as an alternative option):

WITHOUT PREJUDICE

Dear Sir/Madam,

Re: Account No. xxxxxxxxxxx
Ref No: xxxxxxxxxxx

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.

As we have stated multiple times in previous correspondence, since making that above agreement with Lloyds TSB plc our circumstances have changed. We cannot now afford to agreed monthly payments because I lost my job on xxxx date xxxx and have been out of employment since this date and therefore, I am unable to offer to pay the money which I owe in full.

I have contacted the CCCS in order to sort out my finances due to the change in my circumstances and they have advised that as I have no significant assets it would be in my interest to start bankruptcy proceedings with immediate effect. Nevertheless as a responsible debtor, I wish to find a way to amicably settle all outstanding debts.

Via a third party, I can raise £xxxx and I want to offer this as an ex-gratia payment in full and final settlement of the account. This will take into account and absorb, a lot of the charges that have been added to the account throughout time.

This offer is made on the clear understanding that neither you nor any associate Company will take any other action to enforce or pursue this debt in any way whatsoever and that I will be released from any liability. This is a time sensitive offer.

I also request that you will mark any entry on a credit reference agency file relating to the above account as "satisfied" in full.

I am in debt with a host of companies, my next option is bankruptcy so if I were you, i'd seriously consider accepting this offer prior to receiving an official creditor petition - which is all you'll see from this debt, other than a measly £1 per month for (ever).

Payment can be made within 28 days of receiving your written agreement of this offer and method of payment.

I look forward to receiving your reply.

Yours faithfully

xxxx Digitally signed xxxx

[onesteptoofar]

Re: onesteptoofar - F&F Help

Attempting a letter to try and pool all Lloyds related debts, not sure how possible this is seeing as the debts are not all with the same DCA.

Not sure who i'd address something like this to, if it's worth attempting...?

Lloyds Debts = 3: Loan, Credit Card, Current Account
Total Outstanding: 7500, 13500, 2800 = 23800
CCA's - Enforceable CCA's all produced at various times
Defaults: Loan (Nov 2009), Credit Card (Nov 2009), Current Account (Not defaulted as of Sept 2010, was aiming to default asap)
DCAs - Loan (Moorcroft - In Sept they placed the ac on hold awaiting CCA from Lloyds), Credit Card (now back with Lloyds Consumer Debt Recovery dept), Current Account (SCM, yet to be passed around the DCA village ;LOL )

Here goes....would 10% even be enough to get a consideration. I was comfortable to go in with 15% ? ... but obviously less is more .. ;LOL

WITHOUT PREJUDICE

Dear Sir/Madam,

Re: Multiple Accounts. No. xxxxxxxxxxx / No. xxxxxxxxxxx / No. xxxxxxxxxxx
Ref No: Multiple Accounts. xxxxxxxxxxx / xxxxxxxxxxx / xxxxxxxxxxx

I write with reference to multiple previous communications regarding outstanding balances on ALL the above mentioned accounts and wish to make an offer to resolve ALL oustanding balances that will suitably please ALL parties.

As we have stated multiple times in multiple previous correspondences, since making that above agreements with Lloyds TSB plc our circumstances have changed. We cannot now afford to agreed monthly payments because I lost my job on xxxx date xxxx and have been out of employment since this date and therefore, I am unable to offer to pay the money which I owe in full.

I have contacted the CCCS in order to sort out my finances due to the change in my circumstances and they have advised that as I have no significant assets it would be in my interest to start bankruptcy proceedings with immediate effect. Nevertheless as a responsible debtor, I wish to find a way to amicably settle ALL OUTSTANDING DEBTS.

I propose to offer a full and final payment to settle and close ALL THREE ACCOUNTS to the value of 10% of the original amounts, which will take into account and absorb, a lot of the charges that have been added to each of the accounts throughout time.

Via a third party, I can raise £2380 and I want to offer this as an ex-gratia payment in full and final settlement of ALL OUTSTANDING ACCOUNTS. This will take into account and absorb, a lot of the charges that have been added to each account throughout time.

This offer is made on the clear understanding that neither you nor any associate Company will take any other action to enforce or pursue any of these debts in any way whatsoever and that I will be released from any liability. This is a time sensitive offer.

I also request that you will mark any entry on a credit reference agency file relating to ALL the above accounts as "satisfied" in full.

I am in debt with a host of companies, my next option is bankruptcy so if I were you, i'd seriously consider accepting this offer prior to receiving an official creditor petition - which is all you'll see from this debt, other than a measly £1 per month for (ever) on each account.

To summarise, I am more than happy to settle as much as 10% of the total amount owing so long as you can agree to, and ensure that, the following actions will be carried out;

a) The Status of all three accounts will change from “Defaulted” to “Satisfied”
b) The Current Balances will appear as £0.00
c) 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 by return. Failure to agree will result in more formal papers being sent, by return.

Payment can be made within 28 days of receiving your written agreement of this offer and method of payment.

I look forward to receiving your reply.

Yours faithfully

xxxx Digitally signed xxxx

[onesteptoofar]

Re: Full and Final Settlement Letters

Update: Nationwide Loan
Nationwide Loan - 20k - Taken Sept 04
Enforceable CCA - Niddy checked
Outstanding balance - 7500
Default - Feb 2010
Last full payment made - August 2009
Token 1 pound payments have been made every month bar 2 since Sept 09.
DCA - Wescot

Status - Offered 1820 as a f+f, rejected. Wescot counter offered 5630. (Sept 2010).

Update: Letter received from "Nelson Guest & Partners Solicitors" on behalf of Wescot Credit Services Ltd (Sept). Prepared to settle for 50% of the balance £3750 if paid by ....blah blah blah

Should i bother to continue £1 token payments?

Eager to try and correspond with Wescot/Nelson Guest as they have at least shown they can be negotiated with and respond quickly.

Attempted letter:

WITHOUT PREJUDICE

Dear Sir/Madam,

Re: Account No. xxxxxxxxxxx
Ref No: xxxxxxxxxxx

I am disappointed that you were unable to accept our proposed offer as a full and final settlement, unfortunately I am unable to raise the amount for which you were willing to negotiate.

As we have stated multiple times in previous correspondence, since making that above agreement with Nationwide Building Society plc our circumstances have changed. We cannot now afford to agreed monthly payments because I lost my job on xxxx date xxxx and have been out of employment since this date and therefore, I am unable to offer to pay the money which I owe in full or the 50% that you offered.

I have contacted the CCCS in order to sort out my finances due to the change in my circumstances and they have advised that as I have no significant assets it would be in my interest to start bankruptcy proceedings with immediate effect. Nevertheless as a responsible debtor, I wish to find a way to amicably settle all outstanding debts.

Via a third party, I can raise £2000 and I want to offer this as an ex-gratia payment in full and final settlement of the account. This will take into account and absorb, a lot of the charges that have been added to the account throughout time.

This offer is made on the clear understanding that neither you nor any associate Company will take any other action to enforce or pursue this debt in any way whatsoever and that I will be released from any liability. This is a time sensitive offer.

I also request that you will mark any entry on a credit reference agency file relating to the above account as "satisfied" in full.

I am in debt with a host of companies, my next option is bankruptcy so if I were you, i'd seriously consider accepting this offer prior to receiving an official creditor petition - which is all you'll see from this debt, other than a measly £1 per month for (ever).

Payment can be made within 28 days of receiving your written agreement of this offer and method of payment.

I look forward to receiving your reply.

Yours faithfully

xxxx Digitally signed xxxx

[onesteptoofar]

Re: onesteptoofar - F&F Help

That's me all posted out for one evening 2

Great job with the site updates, much easier to navigate now.

Much easier for the semi-newbies like me find exactly the topic they require. Only prob might be the first timer newbies get lost first time up.

Is it worth having a "not sure where to post" / ""first timer" section? Newbies could ask "where's best to post my query"? Aiming to try and get them to post in the right spot as opposed to you having to relocate all our misplaced posts ;30

One last query - Should I keep making £1 token payments?

Lloyds Loan (Moorcroft, currently on hold, Defaulted) - Yes/No
Lloyds Account (SCM, Not yet defaulted) - Yes/No
Lloyds Credit Card (Lloyds Consumer Debt Recovery, No payments made since Sept 09, Defaulted) - Yes/No
Nationwide Loan (Wescot, Defaulted) - Yes/No

[Never-In-Doubt]

Re: onesteptoofar - F&F Help

Hiya

GIve me time to catch up lol - you're too desperate to get this done and i'm unable to commit like this.... as you can see if you refresh your screen, the whole forum is changing around you lol.... I am adding templates as we speak - but things take time cos I need to collate the data, create the letter, then add the space on here and start to format it all - so to populatte one thread with templates can take around 6hrs - lol. Thus i've not been round much, sorreeeee

Anyway, your suggestion for newbies was spot on - are you a mind reader? I had just created it when you mentioned it lol.... see here: ---> viewforum.php?f=74

Your letters are fine, send them and see what happens - you're clued up enough now to deal with things on your own - do you mind if I add some of the letters to the new settlement templates page when it is done?

Cheers

Niddy

[onesteptoofar]

Re: onesteptoofar - F&F Help

Thanks Niddy, if anything could be used as a template go for it. If it helps one other person reach their debt free target that would be fantastic

It'll be my second good deed of the day, found a purse in the post office stuffed with £10 notes, i handed it in without checking but there must have been £50 in it. Great feeling to know someone won't be expecting to find it in handed in intact.

1. Would you advise sending the 3 LLoyds debts letter to try and get a pooled f+f resolution as opposed to seperate letters (given Moorcroft placed the loan on hold...and are useless at communicating)?

2. If so, who would be best to address the letter to? (SCM/Lloyds CDR/Moorcroft/perhaps sending a copy to all three?)

3. One last query - Should I keep making £1 token payments?

Lloyds Loan (Moorcroft, currently on hold, Defaulted) - Yes/No
Lloyds Account (SCM, Not yet defaulted) - Yes/No
Lloyds Credit Card (Lloyds Consumer Debt Recovery, No payments made since Sept 09, Defaulted) - Yes/No
Nationwide Loan (Wescot, Defaulted) - Yes/No

[onesteptoofar]

Re: onesteptoofar - F&F Help

Lloyds Credit Card

Just checked todays post...DCA is now Apex Credit Management, not Lloyds CDR

What to do now? ;D

Start again with the CCA request to Apex?...and perhaps go ahead with the pooled LLoyds letter, sending them a copy?

[onesteptoofar]

Re: onesteptoofar - F&F Help

Niddy,

I'm finally going to take your advice. ;30 They've made my life hell for years. :boobs1 Screw them!

Two final questions...£1 token payments and CCA'ing a new DCA

3. Should I keep making £1 token payments?
Quote:
Lloyds Loan (Moorcroft, currently on hold, Defaulted) - Yes/No
Lloyds Account (SCM, Not yet defaulted) - Yes/No
Lloyds Credit Card (Lloyds Consumer Debt Recovery, No payments made since Sept 09, Defaulted) - Yes/No
Nationwide Loan (Wescot, Defaulted) - Yes/No

Lloyds Credit Card

Just checked todays post...DCA is now Apex Credit Management, not Lloyds CDR

What to do now? ;D

Start again with the CCA request to Apex?...or ignore them completely for now?