Good idea or not?

[HeatherMc]

I am thinking about taking the initiative when it comes to my DCAs. I believe 1 cca to definately be unenforceable, 1 is probably unenforceable and 1 I think might be enforceable in court.

 

Given that at the present moment none are enforceable I have written a letter to each saying that beacuse they are unenforceable that

 

" I suggest that you accept all monies already paid to you as full and final settlement of the alleged debt"

 

Good idea or not?

[Seahorse]

It's certainly worth a try. At the very least it's a stepping stone to negotiating with them. And being unenforcable, they should consider themselves lucky to have anything at all. See how it goes. Perhaps they'll be realistic? You never know.

 

I'd say though that, "as a goodwill gesture only, I am prepared to consider all monies paid in respect of the alleged debt to be final. This should not be construed in any way as an acknowledgement of said debt."

[rory32]

The worst that can happen is that they say no. Alternatively they may offer you a vastly reduced settlement of some kind because they don't want the hassle of dealing with a "difficult" debtor e.g. one who understands their legal position.

[HeatherMc]

Thanks for the replies. I sent off the letters, adding the new bit in that it is not an admittance of the debt or responsibity,

 

Wonder what they'll say. Just wanting to get things finished asap.

[storm]

A Without Prejudice heading would help

 

I believe they then cannot use that letter in court

[tomterm8]

The worst that can happen is that they say no. Alternatively they may offer you a vastly reduced settlement of some kind because they don't want the hassle of dealing with a "difficult" debtor e.g. one who understands their legal position.

 

The problem with this is that such an agreement can't be binding. If you were to state an offer, even with a greatly reduced amount (i.e. you believe the debt is unenforceable, but offer £10 in full and final settlement of all liabilities) then such an agreement MAY be enforceable.

 

 

A Without Prejudice heading would help

 

I believe they then cannot use that letter in court

... and neither can you... any settlement agreement should be written carefully, and should be showable in court

 

I am thinking about taking the initiative when it comes to my DCAs. I believe 1 cca to definately be unenforceable, 1 is probably unenforceable and 1 I think might be enforceable in court.

 

Given that at the present moment none are enforceable I have written a letter to each saying that beacuse they are unenforceable that

 

" I suggest that you accept all monies already paid to you as full and final settlement of the alleged debt"

 

Good idea or not?

 

personally... I would simply send them an offer letter for 10%-20% of the debt, and see what happens. Worst they can do is reject it.