They should but they will always say they don't have too. Have a read of 'Are overdrafts covered by CCA's' by gaznkaz08, you will get alot of useful info from there.

It depends what you are hoping to achieve, if you just want rid of the debt asap but are not too fussed about your credit rating at the mo then this is a good way, but you may still have a fight on your hands to get your credit files cleaned up the way you want them and possibly for them to write off the balance. Legally, once they cash the cheque, the debt no longer remains, however getting them to accept this can be a whole diffrent ball game, but as with alot of things on here, you have to stand your ground and dont give in to them. If you would prefer to get everything agreed in writing first before you send the cheque, then write to them with your F&F offer and wait to see if they agree, make it a clause in your offer that the money will only be sent providing defaults are removed once cheque cashed and ask them to confirm this in writing if they do agree. However, most of the banks/DCA's will only ever agree to marking your file as settled/partially settled. Good Luck with whichever way you decide to go.

Yes, I think it's a little hard for them to fully comprehend that they have legally accepted your F&F without actually saying I accept. The advice I got from the Solicitors was to ignore any further correspondence from them to try to get them to take me to Court, can then go for strike out making it a condition that any erroneous data is removed from CRA's. Mould has previously advised me to write to CEO of companies, but even he felt ignoring them was the best option, as I've managed to get rid of a lot of debt, relatively easily and for me that was what this was all about. I can at last sleep at night!! However, thats up to you and I would be interested to hear how you get on. Good Luck!

Aww bless you, dont be daft, was just a bit confused by what you meant, anyway no worries. Good luck with Lloyds, keeping evertything crossed for you.

You can send the F&F offer first and if they reject, superscede it with the further F&F offer with clear terms for acceptance if cheque attached cashed.

??? This is my thread that you wrote on???

reconstituted CCA reverse.pdf

yes, but dont believe that you wont still have a fight on your hands to get them to write the balance off and clean up your credit files, cos you still will have to get them to do that. Word of caution tho, Barclaycard were one of the ones who returned the cheque I sent......

I did put that as a term in my settlement letter, so by Law yes they should do it, but in practise they haven't yet.... so the fight go's on. However at this moment in time Id rather have no debt and a bad credit file, than lots of debt and a good one....

Thanks Zingy, I'll try and see what happens

Hi Nodefaults2010, I know The Mould is tied up helping someone with Legal issues at the mo, so I dont think he's been on CAG for a couple of weeks, in answer to a number of questions you have, first of all, the CCA you were sent, do you know for sure that this is unenforceable? If not, best to start your own thread, post it up and ask for an experiences Cagger to confirm this. If your CCA request was fulfilled, then not restarting payments does not constitute a dispute, unless you have a dispute with the CCA and you have witten to them telling them why. The debt does not have to be disputed to make a F&F offer, however, a crditor is more likely to accept if it is and it has been ongoing for a long time, or if your financial circumstances are so bad that it would be in their interest to accept a lump sum now rather than a pittance for a long time to come and should it ever get to Court, it could be argued that this is an 'equitable remedy' to resolve the disputed debt. The circumstances surrounding your F&F is very important, each case is judged on its own merits in my own case the debts have you been in dispute for a long time, i have written to the creditors trying to resolve without success on numerous occasions, they had been passed to a DCA for Collection whilst in dispute, the amounts claimed differ to what I believe I actually owe, the CCA's are either unenforceable or non existant and I had either stopped paying or was paying token payments on all the debts because of my financial situation and the disputes. Also, the amount offred doesnt matter, however, how likely would a creditor accept £1 on say a £20k debt? If you have unlawful charges and interest on those charges, either deduct that amount first from you offer, or claim them back. case law says that banking a cheque signifies acceptance of a F&F settlement, so make sure the terms in your offer letter are very very clear and cannot be misconstrued in anyway. Put in a clause something like 'bank only if you agree to accept as full and final settlement of this debt, otherwise return this cheque unpresented' Hope I've helped a little, but I am no expert, I have just done alot of reading of case laws and relevant info over the last few months and spoken to a number of Solicitors on the matter. Im sure The Mould will help you when he gets chance, as he's the real expert on F&F's. Good Luck!

Cant seem to make it any bigger via Photobucket, may just be being extremely stupid..... - any ideas?

Hi Canwecleardebt and welcome to CAG, you will get all the help,advice & support you need now you are here. However, the best thing for you to do is start your own thread, and you will receive advice relevant to your situation. You can read many threads on here and get alot of info and good advice, but in each case the advice is specific to that situation. You will find if that if you hover over abbreviations an explanation will pop up in a green box, but for starters a CCA is a Consumer Credit Agreement you will have one of these for every credit debt you have, a good starting point is to send a CCA request to your creditors (template letter can be found in the Library) with a £1 postal order to see if they are enforceable as this puts you in a good bargaining position if they arent. If the your credit agreements are in sole names then it is only that person who is responsible for the debt, so if you received a lump sum you do not by law have to pay your wifes debts, only if you want too? Good luck with it all, hope I've helped a little.

hi middenmess, thanks for your reply, I attached it again on post 21 via and if you click on it twice it zooms in - let me know if it doesnt work.

Thanks Zingy, have done that now. Can you ar anyone confirm whether this agreement is enforceable - PLEASE?

Hi Totiesquoties, just read your post. Sorry to learn about your current situation, but I know The Mould is helping you so you are in good hands. Can I ask you though, were your debts disputed and your agreements unenforceable and what terms did your offer letter say that accompanied your F&F cheque?

http://i392.photobucket.com/albums/pp8/julieh2/HalaifaxreconstitutedCCAfrontsid-1.jpg http://i392.photobucket.com/albums/pp8/julieh2/ReconstitutedCCA.jpg Could someone with more experience please tell me if this agreement is enforceabl or not? I wnat to offer Full & Final on it so it would be handy to know this first. Thanks.

Dont speak to them on the phone they'll say anything and will always try and get you to agree on their terms. Do you know if your CCA is enforceable? As I said earlier if not then you are the one who can call the shots. I agree with DX100uk, you tell them the way its gonna be or get £1 pcm or nothing. As for getting your credit files cleaned up, this is the tricky one, even if you do get it in writing it is never going to show the way you want it to, however write to them with your offer (but do not admit you owe the money) and make it a condition of settlement that they remove adverse data. If they refuse, then you could use the route I used and send a cheque with a letter containing clear terms of what cashing the cheque would mean ie. cancellation of balance, closure of account and clean up cra files, but and here is the but, using this route it will take a while for them to close the account and Im still fighting to get cra's cleaned up, so although legally I owe them nothing more, I have more of a fight on my hands to get the cra's cleaned up the way I want them to be. Depends what you want to achieve, in my case I had alot of debt with not alot of money to clear it up, but getting rid of the debt was more important than a 'clean' credit file to me!

Still nothing from any of the creditors, apart form one who said they are looking into my complaint? To further strengthen my case, have now asked 4 different Solicitors (I know it seems excessive but 3 were at the same firm and was only charged one fee and one was my Dads Solicitor) their opinion and all agree that the Full and Final Settlements were accepted once they the creditors/DCA's banked the cheques and that my Defence is complete in Law should any of them be foolish enough to pursue the balance through the Courts. However, as it all gone quiet just keep waiting for something to happen.....

[quote=Indebt1;. for the record i told Halifax i was having issues paying and tried to discuss and i was told instantly to cut up my cards and was hit with a barrage of letters within days, we are not exactly in this position because we want to be. good luck Cheers Indebt1, I have also found the halifax dreadful to deal with, yes they were pleasant enough (sometimes) on the phone but as far as getting frozen interest, they just wouldnt budge, I was paying £50 p/m reduced payment and they were piling on £55 p/m interest and that was only at 1%, they just refused to freeze it point blank saying that was as low as they could go - so whats the bloody point?!!!.

They will always say this, don't know who they would have to pay the £3k to though, more likely they are writing the balance off and so essentially thats £3k they've lost. Have you checked that your agreement is enforceable? If not, you have more bargaining power then. You can tell them that you will only pay the money providing, they mark your credit file as settled in full and remove any adverse data, or they will get nothing. Make sure they confrim it in writing, so if your balance does get sold on to a DCA you can prove it was accepeted as part of a F & F.

Have you got a copy of your CCA? Do you know if this agreement is enforceable? If it isn't tell them it will be £1150 or nothing and Make it a condition of your settlement that you will only pay this amount if they mark your credit files as fully satisfied.

BUMP Could someone please look at the agreement (post 12) and confirm whether it is unenforceable?

Can someone take a look at my attached CCA (previous post) and tell me whther I am right in thinking it is unenforcable?