Full and Final..Thoughts, suggestions, success?

[IcanIwill]

Re: Full and Final..Thoughts, suggestions, success?

Sorry just read your post about halifax

[IcanIwill]

Re: Full and Final..Thoughts, suggestions, success?

No scanner so ive typed it.

Dear Mr XX

Further to your letter dated 29th December 2011,at the moment we are not able to provide a copy of the original signed agreement,however we can confirm that our procedure has always been to obtain our customers signature to an agreement containing a prescribed terms before entering into a credit card agreement containing the prescribed terms before entering into a credit card agreement. As such, we are confidant the agreement remains enforceable.

By providing you with documents attached to our previous letter,we have satisfied our obligation to provide a copy of executed agreement under section 78.

However even if an agreement us unenforceable, the contract still has legal effet and is not void, thelender is merely prevented from getting an enforcement order from the court. it has always been our process to ensure that anagreement complying with the CCA requirements would have been signed by the customer before setting up a credit card account. Should this matter proceed to court we will adduce evidence to confirm this.

If you are using the services of claims managment company we would like to remind you of the warnings issued by the ministry of justice and citizens advice bureau. You can find more details about both at.

www.justice.gov.uk/new/newsrealease170209a.htm
www.citizensadvice.org.uk/press20090217

I refer you to a quote from the ministry of justice that reads 'Businesses that mislead the public claiming they can arrange for unpaid loans, credit cards or other debts or other consumer debts to be written off have been told to stop or face action.

We would like to remind you of recent warnings issued by the OFT who recently issued a press release with Ray Watson, director of the OFT consumer credit croup stating
'consumers have a right to information on debts they owe, but it is important they they realise that theses sections of the act cannot be used to write off legitimately owed debts' The OFT have also issued a reminder that even if a agreement was to become unenforceable, customers will still owe any outstanding money to the lender, intrest and default charges can still beadded to the loan and any failure to pay could effect their credit record.

Yours Sincerely

Anne P Gartshore

[FlamingParrot]

Re: Full and Final..Thoughts, suggestions, success?

With regards to the letter you posted above, can I just ask where you found it? The web is full of template letters, not all of which are applicable to every situation.

Account number

I write with regards to the above account with your organisation.

I respectfully request that you provide me by return a copy of the credit agreement which bears my signature. I require this as i have reason to believe that there may be discrepancies within the agreement which may leave it improperly executed.

Additionally i require the underwriting sheet or other document showing any commissions paid to you by the broker or by you to the broker

This would probably relate to loans with PPI or mortgages with insurance, you wouldn't have applied for a credit card through a broker! :nono:

(If you have any other reasons why you need the agreement such as misselling of PPI Add it here)

Once more, a PPI issue.

obviously if the agreement is improperly executed i would be entitled to ask the court to consider the agreement and make a declaration of the rights of parties to the agreement.

This implies you are already in court with this, which is not the case.

I must stress this request is NOT made pursuant to section 78 consumer credit Act 1974 but is made pursuant to the Civil Procedure Rules ( Pre action protocols and Part 31.16) and therefore unsigned copy will not suffice, only a copy of the original contract in its unaltered form will suffice in these circumstances

Requests under the CPR are usually made when there's court proceedings involved. This sounds like a template that was used to request a copy of your agreement when you were thinking of taking your creditor to court. :mmph:

If your request is not pursuant to s.78 of the CCA, you can't argue they are in default of your CCA request and the account would be unenforceable for that reason. Non-compliance with a request under the CPR would be used in court. :juge:

Please confirm if you still hold a copy of my signed agreement and that you will provide me with this document.

I do not view this as an unreasonable request given that by supplying the document which i have asked for it will allow me to assess if my case has merit and will help to resolve matters possibly without the need to involve the court and will undoubtedly save costs on both sides

Once more, it implies you are taking this to court. :scared:

I think by doing this may give me a clear indication where halifax will go with this? it may prompt a sale of the debt or even may consider a lower Full and Final. I wont send this letter until youve given your advice always good to get another perspective

I wouldn't send that letter for the reasons above. :thumb:

[FlamingParrot]

Re: Full and Final..Thoughts, suggestions, success?

No scanner so ive typed it.

Thanks for typing it. :thumb:
You don't need a scanner, you can also take a picture with a digital camera or phone. hoto:

Further to your letter dated 29th December 2011,at the moment we are not able to provide a copy of the original signed agreement,however we can confirm that our procedure has always been to obtain our customers signature to an agreement containing a prescribed terms before entering into a credit card agreement containing the prescribed terms before entering into a credit card agreement. As such, we are confidant the agreement remains enforceable.

Totally meaningless! :grin:

By providing you with documents attached to our previous letter,we have satisfied our obligation to provide a copy of executed agreement under section 78.

Would be interesting to see what these ones were, see above with regards to posting them up. This may also be of help: http://www.legalbeagles.info/forums/...)&goto=newpost :nerd:

[IcanIwill]

Re: Full and Final..Thoughts, suggestions, success?

Yeah after re reading it you are 100% right, i think i read the first lines thinking this is great but reading down its misleading ill just stick to sending them a Full and Final and start really low,

The above the letter i typed is what i got sent back from them in Dec 2011..3 years ago nearly i havent paid a penny in 12 months

IcanIwill

[IcanIwill]

Re: Full and Final..Thoughts, suggestions, success?

Hey

So ive had my first knock back from aktiv kapital saying they can only accept 80% of the debt.

I am going to send another letter to them offering a higher amount, my question is though can i use the freedom of information act to find out how much the debt was purchased for? i seen a post online that someone did this? any adivce/experience of this?


Thanks

[wales01man]

Re: Full and Final..Thoughts, suggestions, success?

Even if you found out what they paid for the debt its their decision what to accept.

[IcanIwill]

Re: Full and Final..Thoughts, suggestions, success?

Thanks for your reply, yeah totally accept they still decide i suppose its more to do with knowing how close or far we apart from coming to a settlement,

Thanks

[FlamingParrot]

Re: Full and Final..Thoughts, suggestions, success?

So ive had my first knock back from aktiv kapital saying they can only accept 80% of the debt.

I am going to send another letter to them offering a higher amount, my question is though can i use the freedom of information act to find out how much the debt was purchased for? i seen a post online that someone did this? any adivce/experience of this?

The FOI Act refers to requesting information from public bodies: http://ico.org.uk/for_the_public/official_information

Under the Freedom of Information Act and the Environmental Information Regulations you have a right to request any recorded information held by a public authority, such as a government department, local council or state school. Environmental information requests can also be made to certain non-public bodies carrying out a public function.

[seduraed]

Re: Full and Final..Thoughts, suggestions, success?

Hirachand Punamhand vs Temple 1911 KB330 sets down the law regarding a settlement by a third party. Once the payment by third party has been accepted then they creditor cannot return for more money as it is fraud against the third party.

[FlamingParrot]

Re: Full and Final..Thoughts, suggestions, success?

Hirachand Punamhand vs Temple 1911 KB330 sets down the law regarding a settlement by a third party. Once the payment by third party has been accepted then they creditor cannot return for more money as it is fraud against the third party.

I knew I had posted it somewhere but couldn't remember where, :sad: couldn't quite locate it via advanced search on LB but Google swiftly obliged: http://www.legalbeagles.info/forums/...350#post423350 :grin:

[IcanIwill]

Re: Full and Final..Thoughts, suggestions, success?

Thanks everyone for you input on this, i have had a few full and final responses back that i am still negotiating with, I have one accepted i offered 60% of the debt, I am now just awaiting there letter confirming they will not chase the remainder of the debt.

I have a question about my credit file, At the moment my OC(halifax) are still reporting the loan that they sold to Aktiv Kapital, Aktiv are also reporting the same debt on my file with a different default date for the same date. Granted there is just 1 day between them but i thought it had to be the same date? Also when will my OC stop reporting the debt as it looks as if i have two loans outstanding but in reality its just 1.

Thanks

[IcanIwill]

Re: Full and Final..Thoughts, suggestions, success?

....