Thanks for your kind congratulations Nixxy - There will inevitably have been an administration backlog, with Xmas and new year holidays causing a bottleneck for many other individuals also trying to come to various alternative payment arrangements, which was only to be expected.

You should have some form of communication from them shortly...certainly I would have expected by around the end of this month... keep your chin up.!

Congratulations on being voted most helpful member 2009 CMK. Way to go. I'm still awaiting acceptance or otherwise of my offer to settle. Hope youyr doing well.

Nixxy

Thanks very much for that. Much appreciated.

Nix.

Without Prejudice (Don't forget)

Dear Sir/Madam,

I received your letter of xx/xx/xx with a full and final settlement offer of £XXXX for the alleged debt in relation to the above account.

It was my intention to draw a conclusion to this extremely tiresome matter and in order to, "save as to costs". Your letter bears no resemblance to the ‘without prejudice’ proposal that I sent on xxxxx. I specified the terms and conditions and as you have not replied confirming this, I am unable to settle the matter as I would have liked to.

Should you wish to reconsider my ex-gratia offer then send written confirmation as previously of this, including acceptance of my terms for settlement.

Thank you

Miss-Demeanour.

Hi CMK/ ((Stubie are you there??????????????),

I have drafted a reply for the DCA and want to check if it has the requried information, without me implicating myself in any way. I'd be grateful if you could have a quick look for me.

Dear Sir/Madam,

I received your letter of xx/xx/xx with of a full and final settlement offer of £XXXX for the alleged debt in relation to the above account.

It was my intention to draw a conclusion to this extremely tiresome matter and in order to, "save as to costs". Your letter bears no resemblance to the ‘without prejudice’ proposal that I sent on xxxxx. I specified the terms and conditions and as you have not replied confirming this, I am unable to settle the matter as I would have liked to.

Should you wish to reconsider my offer then send written confirmation as previously of this, including acceptance of my terms for settlement.

Thank you

Miss Muppet

huckster:

Stubie has been banned by.... her indoors..... she who must be obeyed,,,,,,,,from using the internet. Last time I heard he was in the garage trying to use the wireless connection while pretending to have a tidy up!!!!!!!!!

All j/king aside, it is a while since we heard from Stubie, I do hope he is well.

Hi Nixxy, thanks for replying. Did you ever try and discuss with Barclaycard an f & f? I ask because I have written to them a couple of times asking if they will discuss an f & f but not had a reply - just dozens of automated phone calls (just had another whilst writing this) which are slowly beginning to drive me nuts! I've read many times that CCC's sell the debts on for 10p in the pound, so if you are offering 25% to the DCA then Sharkleys appear to have lost 15%.

Stubie has been banned by.... her indoors..... she who must be obeyed,,,,,,,,from using the internet. Last time I heard he was in the garage trying to use the wireless connection while pretending to have a tidy up!!!!!!!!!

Broooooooooooooooce

I initially made a lower offer. More recently I offered a higher sum, but it was less than a quarter of the amount of recorded debt. I have asked to take the matter before the courts if they can't/won't accept it numerous time, but they don't appear to want to go down that route.

I was warned to be prepared for a long battle and that no lie at all. Its been almost a year of letters back and forth, along with constant telephone calls from the DCA and if not for CMK and Stubie (where is he?), I would not have got this far. I'm amazed how calm I've been able to stay throughout this process. I would definetly have caved in without the support and advice

Thanks guys

From what is said it appears she tried slightly lower at first, then they suggested 1k..but the conditions of the acceptance had to be clarified before Nixxy would accept, i.e. additionally based upon removal of negative markers that the default was also marked as satisfied in full...not partial.!

Finally Nixxy suggested making a slightly higher offer, only on the clear understanding that written emphasis to her conditions was an integral part of that acceptance.

Sorry, I'm just too bloody lazy to look back through the posts!! Did Nixxy go straight in with an offer of 25% or did she go lower and then increase?

Brooooooooooce - Look back at Nixxy's post made Sun, Nov 22 2009, 9:26 AM the original offer on the table was around 1k of a 4k debt..hence the F&F offer was roughly a quarter. Made to Mercers/Calders in house cronies of ....client - Barclaycard.

Hi. Would you mind saying who the CCC is and what percentage of the debt you offered as f & f? Cheers

Hello All,

Just wanted to keep you updated. The battle continues with the CCC. They have ignored the details of my without prejudice offer and said they will accept double what I'm offering as full and final settlement.

I'll respond highlighting the obvious ommission of my terms regarding credit reference agencies and negative markers and clearly state that no offer without these terms willbe given a second thought.

Thanks for your help CMK

I'll keep you all posted with any updates.

Only if a settlement was negotiated and subsequently accepted by the creditor, could a "without prejudice" letter be called upon as evidence if you breached that contract, then it could be considered as admissible evidence by the court, if the creditor returned to court seeking further measures to enforce it.

.

This could be only based on the grounds that a repayment shedule or full and final settlement offer has been reneged upon or not honoured by the debtor, not whether the offer has been made via yourself or a third party, that is irrelevant in your case.

.

If you do reach a settlement, honour it in full then the possibility of this disappears along with the alleged debt. In your case they don't have or certainly have not even produced an agreement.... that would be a prior condition and need to be produced to a court before the court would order any form of enforcement action.

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That is why I emphasised the point that you need written acceptance of your full and final offer and the conditions contained within were acceptable, as full conditional acceptance by the alleged creditor.