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Hi has anyone made a successful offer of full and final payment at a reduced rate to a DCA the day before a scheduled court hearing for a ccj the claim is for a credit card debt that was sold to hoist portfolio who are now taking this to court on wed 24th may ?
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Re: Full and final settlement offer ?
Just posted on your other thread - have you had witness statements exchanged ?
Yes people have settled just before court but how much of a discount seriously depended on their position with their defence.#staysafestayhome
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Re: Full and final settlement offer ?
I've told them I have no money and no assets so I'm going to go bankrupt anyway so either take my offer or get nothing .Comment
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Re: Full and final settlement offer ?
Yes we have exchanged witness statements they've denied my defence and provide DN and right of assignment , microfiche copy of agreement, and a copy of t and cs but not the original one .Comment
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Re: Full and final settlement offer ?
Okay was the agreement off the back of a CCA request of just as part of standard evidence?
Does the microfiche copy include all the prescribed terms ?#staysafestayhome
Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.
Received a Court Claim? Read >>>>> First StepsComment
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Re: Full and final settlement offer ?
No I knew nothing about cca request at the time I only recently came across this site after I had already submitted my defence and I was convinced I was statute barred I only found out about this token payment through witness statement from hoists solicitors afterwards, it's down to the wire now I don't intend on going to court it's a case of I intend on making hoist a full and final settlement offer at a discount and if they refuse then apply for a dro straight after , because I assume if I go to court there gonna add all kinds of interest and changes on top of the debt , and tbh I'm worried about representing myself in court as I have no clue how to do that , so it's touch and go at the moment, I will update the outcome here , thanks for your help .Comment
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Re: Full and final settlement offer ?
How was this token payment made? Can you remember it?Comment
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Re: Full and final settlement offer ?
Yes it was made from my dads account without my permission whilst I was out of the country he had access to my computer and my password for the account was on auto save so he was pressured by payplan to keep the account open .Comment
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Re: Full and final settlement offer ?
I attended court and the case was adjourned due to me providing evidence that I wasn't the person who made the token payment that is in dispute and he acted without my authority and against my wishes , so my question is am I in a better position to make them an offer.Comment
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Re: Full and final settlement offer ?
The question I would ask is this
How do you rate your chances of winning?
That will be how the DCA will look at it, that and if you can actually afford to pay the debtComment
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Re: Full and final settlement offer ?
Adjourned for who to do what, & when?CAVEAT LECTOR
This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)
You and I do not see things as they are. We see things as we are.
Cohen, Herb
There is danger when a man throws his tongue into high gear before he
gets his brain a-going.
Phelps, C. C.
"They couldn't hit an elephant at this distance!"
The last words of John SedgwickComment
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Re: Full and final settlement offer ?
Adjourned for me to make a stronger defence and for the claimant to counter that defence I suppose, I'll find out more when the court/ claimant sends out the info but the judge obviously thinks I have a legal case .Comment
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Re: Full and final settlement offer ?
I want to thank you , all of you for the helpful advice , thank you it's appreciated.Comment
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