Full and Final Settlement disputes has been the particular subject of much scrutiny concerning contract law in the courts for over 400 years. Much debate has been held on this consumer forum and others of the like in respect of the same. Having read the contents of your posting herein, I respond to the same. I must object to the ‘advice’ given by you and I do so in the strongest possible terms, your advocation to the cause asserting that partial settlements are a good thing is, in my professional opinion, F dangerous to the genuine consumers who struggle to meet their obligations to their creditors through no fault of their own; i.e. serious health conditions of themselves or their partner or their child (children). Partial settlement payments to one’s debt owed means just that, the debt is partially settled by such a transaction and a balance remains therefrom, to which the debtor continues to be liable and thereby entitle his creditor to sue him for the same plus recovery costs incurred by such action or entitle the creditor to sell on the remaining debt to any bast**d dca and so the suffering of the genuine debtor will continue forever and a day! Full and final settlement payment of a lesser sum against the balance of the debt owed means just that, in full and final settlement of the debt and thereby extinguishing all claims arising therefrom. An agreed full and final settlement contract between your creditor and you means that the two of you have agreed (to the same thing) to depart from the original contract and enter into the new contract (the full and final settlement) and upon the performance of the act required by the debtor, the payment of the sum agreed in full and final of the debt due, the original contract is extinguished with all terms and conditions thereof and the new contract is formed and thereby has the parties conscience bound, meaning that the creditor cannot sue the debtor as there is no longer a balance remaining, further, the original contract is no longer extant, therefore, the creditor has no contract to sell on or assign, such a contract is FULL AND FINAL. Partial settlements are a CON; therefore, do not advise other members of CAG to enter into such contracts! The partial settlement that you speak of as having been agreed with your creditor is just that – partial. Have you undertaken and research of this particular area of law, have you studied the substantive case law on the said subject, or are your postings here a wind-up? The Mould

Hi maybelline My gut instinct with your case is that a good barrister has managed to baffle the judge with bull**** your job in court was to stop this. In my case in court when I mentioned charges being unfair their barrister tried to use the OFT supreme court case and I think the judge would have accepted this view, I believe the barrister knew what she was saying was wrong, but was still going to try on. Please don’t take this the wrong way but if you don’t know the answers now then when you went to court you were unprepared, there are always different views on any given point of law but before going into court you have to have your view on any given point sorted and be able to argue this point. As litigants in person then we all will make some mistakes and all we can do is research, research, research, then if you have any spare time do some more research.

This is quite clearly an application form, so not the CCA If your are absolutely certain no payment or written acknowledgment has been made in 6 clear years then the matter is statute barred. Check your credit files first, Experian , Equifax, and Call Credit (CC Noddle is free always).

Hi Coffee, Keep us updated