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New member - advice needed!

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  • New member - advice needed!

    Hi everyone, I am a new member. My other half has a good chunk of debt and he has buried his head for a long time so it has built up - it causes him a lot of anxiety even thinking about it. I am trying to fix things but it feels a little like putting out lots of fires all at once. I am very new to all this but have got a lot of info from here which has been really useful. I have two initial questions but may well need to seek advice from all your knowledge again in future!

    We have made a full and final settlement offer and have been sent back an email as follow:
    "Your current balance is ***
    *Our settlement offer is ***, and you have offered *** to close the account.
    We are willing to accept a one off special offer of *** on *** to close the account."

    We want to accept this but I'm not sure if it is official enough as confirmation. I would prefer a formal letter. Is this enough or should I repeat my request that they confirm that they will not take any other action to collect or enforce this debt, that he will be released from any liability and that they will mark my credit reference agency file to show that the above account has been paid and closed (letter sourced from National Debtline).

    My other question concerns a CCJ - he was not aware it existed. It is from 2017 and went to an old address. We don't even have the judgement or anything - but Northampton Court say it is MMF. They now seem to have been taken over by another debt collection agency (Lantern). No follow up contact has been made by them in terms of enforcing it recently but he did pay off another debt last year - and this was chased up by bailiffs so he *might* have paid it. But he's messed up and doesn't remember which agency he paid and has lost the receipt. Is the only way to find out if this debt was paid to ring the DCA themselves and ask - feel sure they will just say it hasn't been paid but we don't want to pay something that has already been paid!! It appears on his credit reference check it appears as a CCJ but not as a separate debt/default (which seems odd but perhaps that's normal).

    Would appreciate some advice as a bit out of my depth! Thanks so much.
    Tags: None

  • #2
    First of all welcome to the forum. There are lots of friendly and helpful folk here. Before you move to full and final settlement there needs to be a new contract created. You need to send an email and follow up with a letter.
    I offer XXX in full and final settlement of account number XXXX. you debt collector, agree that, on receipt of this payment, you will mark the account closed and settled. That you will write off the remaining balance, you will not pass this so-called balance to any third party or attempt to recover it in any way. That you will inform all the credit reference agencies and update the details of the account as settled.
    Once I have your agreement to this, in writing and signed by a person who is authorised to make a decision on behalf of the company; ideally a director, funds will be transferred to your account.

    Transfer of funds indicates your agreement to this contract.


    • #3
      Thank you for your reply - that's really helpful. I will send an email and letter. Do you have any advice for the CCJ?*


      • #4
        The CCJ is not really my area of expertise. However, if it was paid within 28 days of being issued it will be removed. Ask the court or look at Experia and see if the judgement is marked "satisfied".
        If your partner is confused then see if it was paid by electronic transfer and get a copy of the relevant bank statements.

        If you didn't know about the CCJ then there may be a chance of putting in an out of time defence. When did you find out about it?


        • #5
          Sorry I've only just seen your reply - we found out about it about 2 weeks ago from looking at his credit check but its from 2017! It isn't marked as satisfied on credit check. It hasn't been chased up to any recent address and the debt collection agency has now shut down (Motormile Finance) and been replaced by another one.

          We rang the court and they told us about applying to vary it etc but even that costs so much and we don't have money to spend on applying to court. Going to seek advice from national debt line and see what they say. Thanks again.


          • #6
            One more question, sorry.

            We sent your message above regarding the full and final settlement and have not heard back yet. We did have an email response before sending that which says they will close the account if we pay the settlement amount on 1st July.

            I was hoping we would get a proper full response in letter form but what happens if we don't as they said it is a one off offer and they will only accept if paid on 1st. Its a good deal and don't want to lose it by not paying on the 1st but is confirmation by email that they will 'close the account' sufficient?!*


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