Pookies UE Diary

[IF]

Re: Pookies UE Diary

Hi, just checking if everything is OK?


Best wishes
IF

[pooksthebear]

Re: Pookies UE Diary

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

[vint1954]

Re: Pookies UE Diary

^^^ 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!

[Never-In-Doubt]

Re: Pookies UE Diary

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.

[Never-In-Doubt]

Re: Pookies UE Diary

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

[SXGuy]

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.

[pooksthebear]

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.

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..

[SXGuy]

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.

[pooksthebear]

Re: Pookies UE Diary

You'd have time even if you waited until Thursday for a 3rd party cheque.

Is a 3rd party cheque better or wont it matter seeing as they already have my signature? Also, when they said "provided I make payment within 3 months", does this mean cleared payment?

Thanks

[Pixie]

Re: Pookies UE Diary

You'd have time even if you waited until Thursday for a 3rd party cheque.

[pooksthebear]

Re: Pookies UE Diary

Good Morning everyone

I finally have the money together to pay Mortimer Clark/Marlin. This was deposited into my bank on Thursday. Today is first chance I have had to go and post it off. I have done 3 copies of Never in Doubt's letter (above), one for MCL, a copy for Marlin and one for me.

Now then, they have provided me with an enforceable CCA that has my signature, so I guess I am ok to sign the cheque? If I send a third party cheque it would be Thursday before I could get hold of one. The deadline is 15th July (the offer letter they sent was dated 15th April and said payment had to be made within the next 3 months). Obviously the sooner the better as I want this settled and MCL out of my hair!!

Cheers Pooks

[Never-In-Doubt]

Re: Pookies UE Diary

^^^ 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

[vint1954]

Re: Pookies UE Diary

You may want to write along the lines of:

Account No/Reference No: XXXXXXXX

I write further to, and with reference to your communication dated xxxxxxxxxxxxx accepting my Full & Final offer of £xxx in relation to the full outstanding balance on the above mentioned account.

I can confirm that I am able to pay the sum of £xx as an ex-gratia payment in full and final settlement of this account. This payment will be made within xxxdays on the clear understanding that, neither you nor any associate company, or third party, will take any other future action to enforce or pursue the remainder of this debt in any way whatsoever and that I will be released from all and any liability in relation to any remaining balance, with no reference or future ability to quote or use Penny v Cole [Pinnel 1602] in trying to recoup any written off balance. I also request that, you will mark any entry on a credit reference agency file relating to the above account as "satisfied" in full.

Could you please confirm your acceptance by return and suggest your preferred method of payment.

I look forward to your response

Yours faithfully,

[ScabHunter]

Re: Pookies UE Diary

Sorry to be so late replying here – I've been living on four hours' kip a night and working 20 hour days for a week. I did see the thread updated yesterday but wanted to wait until I had time to reply properly.

Morning everyone.. success.. Scabhunter you are a GENIUS!

Thank you!

I have had a reply from Marlin saying they have had a chance to consider my letter and the matters therein are best answered by their solicitors but they are willing to accept £500 in full and final settlement of the debt.

Good. These are not the easiest of organisations to successfully handle, so well done for that.

I then got a letter from MCL saying the letters were not fabricated, they were definately sent and they see that I did not receive them and it may be they went astray in the post.

Hmmm. Is it really probable that more than one letter from the same organisation should really evaporate within the machinery of the Royal Snail, especially when every single letter containing a threat or a refusal to accept the settlement mysteriously seems to have arrived? I'll leave other people to calculate the odds, and draw their own conclusions.

So then.. do I need to respond or just leave it until I send the money

I don't see any need to respond to them now. They have given you three months, so as long as you can raise the money within that time I would just wait until you have it. You have the written confirmation of the offer, and that is all you need.

Also, do I still report them (MCL) for lying about the letters?

I would leave any thoughts of that until the settlement has been completed. Concentrate on the primary objective, and don't risk jeopardising it by aggravating the other party to what is still a voluntary transaction on their part.

What is critical now is to make sure that the full and final settlement is genuinely full and final. As you already know, these are organisations with morals lower than a snake's belly. Don't give them a chance to stiff you.

We have templates for making offers which incorporate a mention of Penny v Cole [Pinnel 1602], and this is designed to remove the possibility of them returning later and claiming that the settlement was only a partial payment.

Have a look at this -

Formal F Offer - allaboutDEBT UK

and this -

Official Full Final Settlement Offer - allaboutDEBT UK

Neither of these templates could be used 'as is' in this case, as the offer has already been made and accepted, but parts of them could be incorporated into the letters which will need to be written for the final negotiations. Let us know when you have the money and are ready to go ahead with the offer.

SH

[pooksthebear]

Re: Pookies UE Diary

I would be looking to send a letter for them to sign agreeing to the F&F, unless they have already confirmed in writing, in which case your letter would state please find enclosed cheque for £500 in F&F settlement of the full outstanding balance on account No xxxxxxxxxxx and as agreed to by yourselves in your letter dated xxxxxxxxxxxx

Yes they have put it in writing. Would you acknowledge the letters now or just wait until I send them the money?

Thanks, Pooks