Calder financial full & final offer

[barloo69]

Am after some advice please about some issues that are causing me a great deal of worry and also specifically my Barclaycard debt.

Unfortunately due to a martial split, finances spiralled and wasnt long before I couldnt make my repayments to my Non priority debts ie credit cards.

I needed help and went to the CCCS who said one option was to go Bankrupt and the other was to make token payments of £1 to each of my creditors until things improved. Well over the last year I have been able to concentrate the limited funds I do have and individually target one credit card at time.

1st Question:- Obviously my credit rating will have taken a severe battering on the debts that I had been neglecting over this period. I have got my report from Experian which details many 6's, and 2 of which have actually Defaulted. Is there any way, I can clean this up now or in the future as oppossed to waiting the full 6 years for it to drop off ?

2nd Question:- Whilst paying a token payment, I have also targeted each of my debts and reclaimed overlimit / late fees. Majority of which have paid up and allocated the amount to the o/s debt. Fine in the main, however, if I were to now consider CCA'ing one of these. Does the fact that I have reclaimed these fees against them already mean that I have acknowledged the debt to them, effectively shutting the door to this avenue ?...........( Logic suggests to me that yes, but hey Im only a Layman. )

3rd Question:- Whilst making my token payments the only creditor not to accept my situation and to persistantly play hard ball and continue making their idle threats is Barclaycard/Mercers/Calders (all one in the same).
In a turn of events however, I have sold my car in an effort to raise a sum that they would accept. My debt was £8.5k and after some negotiation between us, they have stated they will accept £3.3k in full and final settlement of this debt. However I have stated to them in a letter that before I pay them this sum I want it in writing that they nor any related company will pursue me for any further funds and that they inform the relevant CRA that the file relating to this account is now marked as "satisfied".

I have today received communications from Calder stating the following in response to mine:-

• Once this amount is received, the account will be closed and you will not be pursued further by Barclaycard.

(I think this is OK or is it still possible for Barclaycard to sell the remainder onto a 3rd party as effectively they are relinquishing themselves but not any other company from pursuing this)

• We are unable to mark the account as being satisfied, it will instead be marked part satisfied.

(Again, presumably this is OK, but confirmation would be appreciated)


Apologies for long windedness of post and I hope it reads ok.
P.S. On another note, the fame of Legal Beagles has obviously reached the Calder/Mercers offices as when I was harrassed for this payment earlier today, I told him in no uncertain terms I would need to seek advice first before I make any such payment and he said that the offer was limited and would expire in a few days if the payment was not made. I told him we will see what my Legal Beagles says about that and he then immediately stopped and said

• well obviously in a couple of days we can then review the situation again.

(Priceless!!!, I think they might have come up against CurlyBen once or twice previously!!) :beagle:

[Curlyben]

Re: Calder financial full & final offer

1/ your rating is going to be screwed. The fact you already have a payment plan in place with CCCS doesn't stop the OC's reporting misleading information.
A default is viewed as badly as a CCJ. They are challengable, infact I have already had 2 removed due to bad agreements. Hopefully the Test Case that are doing the rounds in the High Court will give further guidance and ammo in this regard.

2/ Good, at least it's where it should be. To be honest if the OC's are playing fair then hold a CCA in reserve. Once they farm them to DCA's or start getting shirty THEN hit them.

3/ B'card/Mercers/et al - Complete muppets and deserve everything they get. You have attempted to play fair and reasonable, so the gloves come off. Hit em with a full CCA. They will likely ignore this and "sell" it on, but no matter. Just make sure you keep a good papertrail, works wonders if needed. No e-mails or calls, everything by snail mail, recorded when needed.

I assume you have already read my thread, but here it is again anyway: ~~~ Consumer Credit Agreements - A Guide ~~~~ inc. Letters - Legal Beagles

[barloo69]

Re: Calder financial full & final offer

Thanks CB. One thing, is it still possible to go down a CCA route then, if you have previously and recently reclaimed charges against them . Am unclear on this.

[Curlyben]

Re: Calder financial full & final offer

I'm not going to comment on that

[barloo69]

Re: Calder financial full & final offer

All received. Thanks.