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  • Re: Pookies UE Diary

    I would assume it means cleared payment, even if it doesnt, i would work along those lines just to be safe.

    3rd party cheque i think is used sometimes because theres an opinion that apon accepting a 3rd party cheque they cant technically sell the balance on, as its an agreement to repay a debt via a 3rd party.

    Not sure how true that is.

    Since they already have your sig (and i think i read further back the CCA was enforceable) in my opinion it wouldnt make much difference if you signed your own.
    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.

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    • Re: Pookies UE Diary

      Originally posted by SXGuy View Post
      I would assume it means cleared payment, even if it doesnt, i would work along those lines just to be safe.

      3rd party cheque i think is used sometimes because theres an opinion that apon accepting a 3rd party cheque they cant technically sell the balance on, as its an agreement to repay a debt via a 3rd party.

      Not sure how true that is.

      Since they already have your sig (and i think i read further back the CCA was enforceable) in my opinion it wouldnt make much difference if you signed your own.
      Thanks, hmmm.... so a 3rd party cheque could be a safer option then to prevent them selling the balance on.. but then I suppose if I am sending that letter that Niddy has kindly put up for me, the selling the balance on bit is covered in that. Not sure what to do for the best..

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      • Re: Pookies UE Diary

        I think its more rare for them to sell the balance on than we are led to believe, and in all honesty if they say in writing they agree to the amount as full and final, you should be fine.

        Niddy would kick their ass if they did try and sell the balance so dont worry.
        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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        • Re: Pookies UE Diary

          Originally posted by pooksthebear View Post
          Thanks, hmmm.... so a 3rd party cheque could be a safer option then to prevent them selling the balance on.. but then I suppose if I am sending that letter that Niddy has kindly put up for me, the selling the balance on bit is covered in that. Not sure what to do for the best..
          Just sign it and send it off lol.

          You'll be fine
          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!

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          • Re: Pookies UE Diary

            Originally posted by pooksthebear View Post
            does this mean cleared payment?
            Yes, so if they said pay by 30th of June, you'd have to ensure the cheque got there in line with cheque processing --> Cheque and Credit Clearing Company - The Cheque Clearing Cycle

            So you need to give them a full 6 days to bank it to clear, plus the statutory 2 days postage so to settle by cheque on something due on 30th, I would post it by the 20th at the latest.
            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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            • Re: Pookies UE Diary

              Originally posted by Never-In-Doubt View Post
              ^^^ that's mine that I did the other day isn't it....?

              However I would send this, literally just change the amounts and remove the ccj elements --> allaboutFORUMS - View Single Post - FF settlement with CCJ

              i.e.
              Dear Sirs

              Account No/Reference No: XXXXXXXX

              I write with reference to previous communication regarding my offer of £500 to settle and close this account.

              Please find attached to this letter a cheque for the sum of £500 in full and final settlement of this account. Upon cashing the cheque you confirm and accept that this account will be classed as settled and closed with no option to further sell-on the account or try and utilise the provision within the Penny v Cole [Pinnel 1602] judgment.

              Likewise, upon cashing this cheque you ought to be updating any credit reference records to reflect that the account is in fact satisfied so please confirm in writing upon clearance of this payment that my credit data will be updated to show a "Satisfied" status as well as confirming that the account is now settled and closed.

              Thanks again for your time in this matter and I look forward to receiving the relevant confirmation in due course.

              Yours faithfully,



              Sign Digitally
              Probably!

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              • Re: Pookies UE Diary

                Originally posted by Never-In-Doubt View Post
                Yes, so if they said pay by 30th of June, you'd have to ensure the cheque got there in line with cheque processing --> Cheque and Credit Clearing Company - The Cheque Clearing Cycle

                So you need to give them a full 6 days to bank it to clear, plus the statutory 2 days postage so to settle by cheque on something due on 30th, I would post it by the 20th at the latest.
                Thanks Niddy

                I had asked my mum for a cheque and it arrived today so I have posted it off, I had to make cleared payment by 15th July so it has 18 days to clear. Looking forward to a letter from them now confirming thats the end of the matter!!

                Pooks

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                • Re: Pookies UE Diary

                  Hi, just checking if everything is OK?


                  Best wishes
                  IF
                  "If wishes were horses, beggars would ride"

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