Full and final settlement+Default removal

[linz22]

Hi,

 

I have two debts at the moment

one with natwest and

co-op both in 2008,

 

i havent made any payments to them for the last year,

i am now in a position to offer full and final settlements to clear the debts.

 

Both debts have been passed on to several debt companies and

after checking my credit file the natwest debt is showing up as registered by themselves

and the co-op one is now showing up as being registered by fredriksons.

 

Both debts do not have any charges that i can reclaim

natwest was a student account and the co-op was an overdraft.

 

I would like to offer full and final offers with the condition of removing the defaults,

 

i have read around and although it is extremely difficult its worth a try getting them removed.

 

If someone can point me to template letters to help and any advice i would be grateful.

[BRIGADIER2JCS]

Have a look through the CAG Library it's the green tab

top left on this page.

[linz22]

Hi,

 

Thanks for your reply, i am in the process of negotiating with natwest and co-op at the moment so i am waiting for an answer from them. I have another debt where i received a ccj in 2008 for unpaid student accomodation rent, from 2008 until now i have been paying £10 a month, i have negotiated a full and final offer with the original company and what they have said is if i pay the full amount they will contact the courts and remove the ccj on my credit file. Can someone comment on the letter below and tell me if this is watertight and nothing will comeback to me:

 

Dear Sir/Madam

 

We write with reference to the money which you are claming on the above account.

 

I can confirm that we are unable to offer to pay the money which we owe in full. However, I can raise £xx and I want to offer this as an ex−gratia payment in full and final settlement of the account. This offer is made on the clear understanding that, if accepted, neither you nor any associate company will take any other action to enforce or pursue this debt in any way whatsoever and that we will be released for any liability.

 

I also request that, if accepted, you will remove the county court judgement on all credit reference agencies namely Experian, Equifax and Callcredit.

 

Payment can be made within 2 weeks of receiving your written agreement of this offer and method of payment.

 

We look forward to receiving your reply.

 

Yours faithfully

[BRIGADIER2JCS]

I mostly ok remove ex-gratia, and leave the F&F and state that

the offer is dependant on the removal of the CRA records

will be cleared, and that they will mark the CCJ as satisfied,

so that you can get a certificate of satisfaction from the court.

Send no money until they confirm acceptance of all the conditions

in writting.

[linz22]

Iv asked for the ccj to be completely removed from my credit file, im just a little confused by what you said about having the ccj satisfied, i want the ccj completely removed from my credit file, by what you have stated would that be enough?

[BRIGADIER2JCS]

The CCJ cannot just be removed as in an entry

on credit files it registered and you would have

to apply to the court to have the judgement set aside,

which I don't think will succeed, that is why you will need

to try to get it marked as satisfied and get the court to

certify that.

It is a court judgement not anything like for instance a default

entry on a CRA file.

[linz22]

Hi thanks for the reply,

 

Ok i understand what you mean now i was a little confused, so to get a ccj removed you have to apply to have the judgement set aside, but seeing as i owe the money i wont be able to get it removed.

 

I may have misunderstood things or i am being taken for a fool, i am in direct contact with the actual person who applied for the ccj and he is the person i make the monthly payments to, on two occassions i asked him if i paid the full outstanding balance would he consider removing the ccj completely from my credit file by that i meant no trace of the ccj on my credit file i didnt know you had to actually apply to have it taken off, so i am assuming he has no power to get this taken of himself and my only option here is to have it marked as satisfied!! On the two occassions i asked him here are both of his replies:

 

"Once payment of this amount has been received I will provide confirmation to the County Court & instruct them to cancel the CCJ"

 

"Unfortunately until the debt is cleared, in full, it must remain in place & on record. Once full payment has been received then I will request that the details are removed"

 

So am i being lied to taking into account what he has replied with?

[BRIGADIER2JCS]

The creditor has to confirm payment/satisfaction of the judgement as

said earlier, you will have to a certication from the court it seems to me

that he is offering to get it for you, there is a fee for the certificate so

it seems to be to your benefit.

[linz22]

Brigadier thanks for your reply, i was just confused about the whole ccj process but i understand now.

 

I sent an email to the person i am dealing with and i stated to him will you remove the ccj or will you mark it satisfied, this was his response:

 

"When full payment has been received I will confirm this to the Court & they will mark the CCJ as ‘satisfied’ & this action will remove the CCJ from your file"

 

My question is when someone informs the court the debt is cleared how will this show on my credit file,

will the ccj still show on my credit file but satisfied?

 

 

on several occassions now i have been told by that person the ccj will be removed completely from my credit file once payment has been received.

 

From previous posts the only way to get a judgement completely removed

is to have the judgement set aside so why is he saying it will be removed from my credit file?

 

 

 

[BRIGADIER2JCS]

The creditor who was awarded the judgement

and placed the entry on the credit file can

remove it.

[linz22]

Ok thats fine,

the person i am dealing with works for the company who put the ccj on my credit file

in fact he was the person that applied for it,

 

 

he has said to me on several occassions if the debt is cleared he will remove the ccj completely from my credit file,

thats the one of the main reasons i want this cleared so there is no record of this on my credit file and like it never existed,

like you have stated the creditor can remove the ccj so thats all that i want the ccj completely removed

so i need a letter telling him that.

 

All i need now is a watertight letter to send to him so he can agree to the conditions sign the letter then i will pay,

 

 

With this debt there was also a guarantor who also got the ccj

i have asked him if he would remove the ccj on his credit file as well and he has said yes,

 

 

i know this is a lot to ask but would you be willing to adapt the letter below so it is watertight and he cant back out of anything that he has signed for?

 

Dear Sir/Madam

 

I am writing this letter with reference to the money which you are claming on the above account.

 

I can confirm that i am able to offer to pay the money which i owe in full as a full and final settlement of the account.

This offer is made on the clear understanding that, if accepted, neither you nor any associate company

will take any other action to enforce or pursue this debt in any way whatsoever and that myself

and my guarantor will be released for any liability.

 

 

I also request that, if accepted for both myself and my guarantor you will mark the CCJ as satisfied,

you will remove the county court judgement on the CCJ register,

 

 

You will remove the county court judgement on all credit reference agencies namely Experian, Equifax and Callcredit.

 

Payment can be made within 2 weeks of receiving your written agreement of this offer and method of payment.

 

We look forward to receiving your reply.

 

Yours faithfully

[dx100uk]

sri

dont think this is true

 

the ccj is placed on their from court records

a creditor, even if they were the ones to take the ccj out against you, have no power to remove it

it will still be on the trustonline register, which is one of the sources of a credit report.

 

dx

[linz22]

Hi,

 

This is what i cant seem to understand why would the person i am dealing with state he if the balance is paid in full he would get the ccj removed from my credit file and the guranttors when its not possible from him to do so? i have been communicating with him by email so everythings recorded.

 

My understanding of a ccj is that once the creditor is granted judgement the debtor has 28 days to pay or the ccj stays on the credit file for 6 years, the creditor has no power to get the ccj taken off the credit file or the ccj register, i can apply to have the judgement set aside but my chances are very low, so the only option which seems to be appropriate is to pay the balance and have the ccj marked as satisfied.

 

I just cannot seem to work out why the creditor has stated on several occassions once the debt is paid he will inform the courts get the ccj marked as satisfied and this will remove the ccj from the credit files when he knows i am getting advice. Id rather pay 5 a month and wait for the 6 years to clear than pay the balance and still be in the same situation. How can i get the ccj removed by clearing the debt?

[dx100uk]

other may know different but as far as i'm aware there is no way barring a seta side.

 

after all this time

i doubt you can get it removed.

 

were you aware you had the ccj?

did you attend?

 

dx

[linz22]

I was aware i had the ccj yes and i didnt attend any court hearings because i admited full liability.

 

So obviouslly the creditor is telling me lies by stating he will remove the ccj from my credit file!!! il sent the full and final settlement letter listed above to him and see what he has to say!! what difference does a satisfied ccj make to a credit score and credit file?

[linz22]

My gurantor is going to try and getting the judgement set aside because he didnt receive the summons

and has only found out about it now,

 

 

i didnt tell him about the ccj because at the time i didnt know about how ccjs worked.

 

 

My gurantor is now getting hassled by the courts stating he owes the money

and he has to pay he didnt know anything about the ccj at all

 

 

i dont think they sent him any letters,

 

 

so what are his chances of getting the ccj removed from his credit file?

 

 

its quite funny because iv been paying monthly payments the last 2 years

which has reduced the debt and the courts are reclaiming the full amount

and have said they cannot get a hold of me to the gurantor when im in contact with the creditors every month making direct payments to them,

 

 

seems a little odd to me.

[BRIGADIER2JCS]

When will you know about the set aside?

[linz22]

I havent applied for the set aside yet,

 

 

i need to pay the debt in full first then my guranttor is going to apply for it,

 

 

can you go over the letter above please and give me some advice if that would be enough to cover myself?

 

 

i have asked for the ccj to be completely removed and no trace of it on the ccj register

 

 

il see what the creditor has to say because from what he is saying he will get it removed completely,

 

 

so i need a letter to say exactly that and what ever that needs to be included so nothing comes back to me