court papers arrived today - what now

[OHKNOWANOTHERDFW]

Re: court papers arrived today - what now

mmm, I was under the impression if they accept a short settlement but put in writing that the debt cannot be pursued or sold on to any other third party and agree to mark the credit file as settled partial, then its job done?

but no?

thanks

[Angry Cat]

Re: court papers arrived today - what now

Always caution with, MBNA...

[OHKNOWANOTHERDFW]

Re: court papers arrived today - what now

THANKS...whats your advice on how I proceed...time is against me.
if i write saying do you accept x on the basis of full n final and no further liability etc etc, I suspect it will take 1 week to get soemthing back...and even then i bet its not what i need

aaaaaaaah....i have a bad feeling I will get stitched up here

[Angry Cat]

Re: court papers arrived today - what now

My apologies, I did not intend to cause to you, concern.
But, I have heard of problems that have arisen due to accepting short settlements re: MBNA.

Always best to get ALL the i's and t'd crossed and in writing, prior to accepting same.

[Amethyst]

Re: court papers arrived today - what now

No you won't get stitched up, thats why you get it in writing before paying anything, and as I said before get a consent order agreed with optima and lodged with the court - which is then binding. See what the letter says Monday then go back to get it formalised if you agree.

[OHKNOWANOTHERDFW]

Re: court papers arrived today - what now

Hi, concluded the verbal negotiations with them and they have confirmed they will accept £x as short settlement, and I have confirmed I will pay on Friday (giving me time to get funds from relations), subject to receiving written confirmation that the liability of the debt is removed, and neither the client or any other thir party will be entitled to pursue any debt in association with the account

might get letter tomorrow but should get by weds

hope this correct

[OHKNOWANOTHERDFW]

Re: court papers arrived today - what now

no post today

[OHKNOWANOTHERDFW]

Re: court papers arrived today - what now

didnt arrive again today - I have a feeling I will be left without anything in writing and run the risk of being seen to ignore the court papers if not careful

[OHKNOWANOTHERDFW]

Re: court papers arrived today - what now

hi, letter arrived today, but its not 100% what i needed

we refer to the above matter and your recent offer to pay £xxxx.00 in setllement of our clients claim

upon consideration of all matters our client has decided to accept this sum, subject to payment being made by xx/xx

on receipt of your short settlement we will notify our client, who will no longer pursue you for the remaining balance and will update your redit file to reflect this as a partial settlement in addition to the default already registered with the credit reference agencies.##

This isnt what I need, as It doesnt say it wont be pursued by a 3rd party., and the deadline for court return in Monday.....i dont know whether to pay and hope they dont sell on, or dig me heels in, but run the risk of the CCJ being raised anyway as I am out of time:tinysmile_cry_t:

[paulb2905]

Re: court papers arrived today - what now

Hi,

Just a thought, you could always make a "counter" offer.

ie send your payment with a letter saying exactly what you want it to say, eg further to or telephone conversation on the xx and your correspondence of the xx - short settlement, debt now cleared, wont be sold on to a 3rd party etc etc

and end it with something like "the cashing of this cheque will be deemed to be your full acceptance of these terms" plus "and you will file a discontinuance of proceedings with the court by the xx"

Just an option....

[OHKNOWANOTHERDFW]

Re: court papers arrived today - what now

I love it - sounds a great idea, BUT, I dont own a cheque book and therefore having to make payment by Debit card (basic account)

i am getting myself stressed about this - i wonder if I am worrying unneccessarily, but if I hand over this money I have nothing / very little left and really dont want them coming back at me

[paulb2905]

Re: court papers arrived today - what now

go to the bank and get a bank draft made payable to them - basically its a "bank" cheque

[OHKNOWANOTHERDFW]

Re: court papers arrived today - what now

Spoke to Bank and they can issue a bankers draft for a fee of £10.....I now have another problem though, cash isnt in there, its coming from various sources including BACS from my mum, and I would need to post bankers draft 1st class Friday to ensure they get it in time, and I dont think I will have the cash in tomorrow (i could be wrong and wont know until 2am when bank systems update)

sorry I sound like I have problem after problem....

[OHKNOWANOTHERDFW]

Re: court papers arrived today - what now

all nearly sorted. I know capitals is shouting but for everyone who took time out THANK YOU!!!!!!!

I have emailed confirmation from the solicitors that a new letter has been sent 1st class with the additional paragrpah

Upon receipt of payment, I can also confirm that neither ourselves, our client nor any associate company will take any other action to enforce or pursue this debt in any way whatsoever and that you will be released from any liability.

I am satisfied this leaves me covered and will make the payment on Monday - I hope to have letter in hand, but failing this I think the email cofnirming its been issued will have to suffice. I have funds ready

THANK YOU ALL

[Amethyst]

Re: court papers arrived today - what now

Excellent. Make sure you inform the court it has been settled.