UE Journey

[Night Monkey]

Does sending a F&F offer "Without Prejudice" still reset the [SB] clock?

I'd be interested in seeing a form of words that would not reset the clock; it would take some careful wording to argue that a debt hadn't been acknowledged while offering to pay it.

I've had a rummage around the AAD+ templates and from what I can see the F&F ones explicitly acknowledge the debt.

Does anybody know any better?

[ca71]

Always ask for advice before taking any action. Settling it for £250 is a good outcome, but if they'd rejected your offer you would have reset the statute barred clock.

Does sending a F&F offer "Without Prejudice" still reset the state barred clock?

[Sparkles]

Always ask for advice before taking any action. Settling it for £250 is a good outcome, but if they'd rejected your offer you would have reset the statute barred clock.

[Roger]

Hi Roger....

Yes, very true. By their own admittance, the debt is not recoverable. I guess that after seeing this 10k balance on my credit file for the last four years, it's a relief to get it "settled" for a small price. Also, I suppose that there is a very small chance that the documentation may have turned up one day thus making the debt enforceable again. Highly unlikely, I know. I do feel a small victory in this one.

AAD isn't against F&F . A good diary is the starting point for good decisions and taking control of your own Debts.
Knowledge and understanding help you make your own choice. The Cabot group have potential authorisation issues (depends upon on whom in Cabot group of companies was assigned the debt)

For others on AAD before perhaps diving in with a F&F in your Case I would have suggested a SAR on Original Lender (Virgin) because this would have revealed any correspondence between Cabot and Virgin.
If the SAR revealed NO DATA this would have revealed what documentation VIRGIN held in Dec 2022.

Send a SAR would have been my advice if you had posted intent in DEC 2022..
Just make certain that everything is tied up. In the old days debts have been sold on after F&F to other chancers!

[Tommy_the_cat]

AAD isn't against F&F. Its your informed choice that matters because DCA's intent is to intimidate and pressurise you for as much as they can get.

Looking here
4. 07 May 21 - I made a F&F offer of £400
5. 14 May 21 - Offer Rejected and counter made of £8k
6. 21 Jun 21 - Letter received from Cabot - "We haven't been able to obtain the information you requested from the original lender. If this information becomes available to us later, we'll complete your request and send you the relevant information. Until we can supply this, your account is unenforceable".
7. 29 Dec 22 - I made a F&F offer of £250.
8. 29 Dec 22 - Offer Accepted

What has changed between May 21 and the 19 months to Dec 22
Well Jun 21 'unenforceable' by their own admittance'

Hi Roger....

Yes, very true. By their own admittance, the debt is not recoverable. I guess that after seeing this 10k balance on my credit file for the last four years, it's a relief to get it "settled" for a small price. Also, I suppose that there is a very small chance that the documentation may have turned up one day thus making the debt enforceable again. Highly unlikely, I know. I do feel a small victory in this one.

[Roger]

While it goes against the general advice on here, if it works for you then that is great news. Just make sure you hang onto all the letters etc for at least another 6 years- you know the full and final offer and their acceptance.

AAD isn't against F&F. Its your informed choice that matters because DCA's intent is to intimidate and pressurise you for as much as they can get.

Looking here
4. 07 May 21 - I made a F&F offer of £400
5. 14 May 21 - Offer Rejected and counter made of £8k
6. 21 Jun 21 - Letter received from Cabot - "We haven't been able to obtain the information you requested from the original lender. If this information becomes available to us later, we'll complete your request and send you the relevant information. Until we can supply this, your account is unenforceable".
7. 29 Dec 22 - I made a F&F offer of £250.
8. 29 Dec 22 - Offer Accepted

What has changed between May 21 and the 19 months to Dec 22
Well Jun 21 'unenforceable' by their own admittance'

[Pat]

While it goes against the general advice on here, if it works for you then that is great news. Just make sure you hang onto all the letters etc for at least another 6 years- you know the full and final offer and their acceptance.

[Tommy_the_cat]

Name	Virgin
Type of Account	Credit Card
Date Commenced	March 2017
Date Defaulted	June 2019
Approx Balance	£10,000
Account Owner	Cabot
Arrangement/Not paying	Not paying
Last Date paid	March 2021

1. Early Feb - CCA Request sent to Cabot
2. 26 Feb 21 - Response from Cabot - Need 12 days
3. 11 Mar 21 - Response from Cabot - Still Processing (Account unenforceable)
4. 07 May 21 - I made a F&F offer of £400
5. 14 May 21 - Offer Rejected and counter made of £8k
6. 21 Jun 21 - Letter received from Cabot - "We haven't been able to obtain the information you requested from the original lender. If this information becomes available to us later, we'll complete your request and send you the relevant information. Until we can supply this, your account is unenforceable".
7. 29 Dec 22 - I made a F&F offer of £250.
8. 29 Dec 22 - Offer Accepted

Hello All.

Hope everyone had a good festive break. So, long time since I've been on here as things have been relatively quite recently. In an effort to "clean up" my credit file, I've broken a golden rule and made a F&F offer on an unenforceable debt. To my surprise, it was accepted. Although I've "wasted" £250, it's a relief to get some of this debt off of my record.

Thanks All

[Still Waving]

I will do that now

A pity you didn't do it when advised. Crucial time wasted.

[Still Waving]

"15 Oct 2021 - This account has been removed from Experian and Equifax reports. I'm not sure why."

Does this account still not show on those reports? This could be a pertinent issue, in view of some circumstances which were discussed recently on another thread, as it seems they disappeared following your CCA request. I assume that you still haven't received a formal response specifically referring to your CCA request?

[Tommy_the_cat]

Did you send a SAR to Cap1, as suggested last month, and copying the letter provided above?

I will do that now

[Still Waving]

Good Morning. So, letter of claim received this morning. Please remind me of the action that I need to take at this point. Thanks

Did you send a SAR to Cap1, as suggested last month, and copying the letter provided above?

[ca71]

Good Morning. So, letter of claim received this morning. Please remind me of the action that I need to take at this point. Thanks

Speak to JCS.

[Tommy_the_cat]

Name	Capital 1
Type of Account	Credit Card
Date Commenced	June 2006
Date Defaulted	May 2019
Approx Balance	£7,000
Account Owner	Capital 1
Arrangement/Not paying	Not paying
Last Date paid	May 2021

1. Payment plan agreed with C1 and ongoing
2. I was of the opinion that sending a CCA request for a debt not sold on would be fruitless, but Di suggest to do so anyway. To be sent this week
3. 15 June 2021 - CCA request sent
4. 16 June 2021 - Email Received. It seems to be a generic email and I assume as an immediate and automated reaction to my CCA request. "An update on your account....". "Your account has defaulted, so no interest or fees are being applied. Please continue to make any payments you can afford to reduce your balance...". "Your account could be sold to a company who specialise in working with customers who've defaulted....".
5. 15 Oct 2021 - This account has been removed from Experian and Equifax reports. I'm not sure why.
6. 18 Oct 2021 - SMS received this morning from Lowell. Asking for me to contact them to set up a payment plan. No action made so far.
7. 20 Oct 2021 - Letter received from Lowell and Capital1 explaining that the account has been sold and that I should now make payments direct to Lowell. DD to C1 cancelled and no further action taken - I am waiting for Lowell's next step
8. 07 Jun 2022 - Letter received from Lowell. "Assessing you for legal action.... You haven't contacted us to set up affordable repayments on your outstanding accout... blah blah..." Seemingly nothing concrete in here. Ignored.
9. 29 Sep 2022 - Letter from Overdales Solicitors - WE have been instructed to recover the outstanding balance.... WE will initiate legal proceedings against you unless.... blah
10. 13 Oct 2022 - Letter of Claim received from Overdales.

Good Morning. So, letter of claim received this morning. Please remind me of the action that I need to take at this point. Thanks

[The Tech Clerk]

Name & address date
Their name address



Dear Sirs,

Reference: A/C:-

Subject access requests under Article 15 of the retained EU law version of the General Data Protection Regulation ((EU) 2016/679) (UK GDPR) or (if adapted) under the DPA 2018 for personal data not covered by the UK GDPR.


Subject access under these acts, I hereby request that you supply me with any and all historical data in your possession which relates to me and that I am entitled to under section 7(1) of the Act.

Please supply me with a copy of all information your company holds on me including

A list of accounts and details of payments along with copies of statements.

Under the Data Protection Act 1984 and 1998, DPA2018., and including the right of Enter Date:-

To include any manual intervention (no crossing out (original)).

If you store any of the older records on microfiche, please be aware that the Information Commissioner deems this to be a relevant filing system under the Act. As such, any microfiche data must be sent to me in fully legible and comprehensible form.

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my business with you.

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response. .

You have 30 days in which to comply.

Yours faithfully,


send get free proof posting from post office and keep copy on file date order update diaries no charge for this. to capitol 1