Debt Settlement Offer Letter Template for England and Wales

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Key Requirements PROMPT example:

Debt Settlement Offer Letter

"I need a Debt Settlement Offer Letter for a £50,000 business debt that I want to settle for 70% of the original amount, with payment to be made in three installments by March 2025, and I want to ensure all FCA compliance requirements are met."

Document background
A Debt Settlement Offer Letter is commonly used when a debtor wishes to negotiate a reduced payment to satisfy an outstanding debt obligation. This document is particularly relevant in situations where the debtor cannot pay the full amount but wants to reach a mutually acceptable resolution with the creditor. Under English and Welsh jurisdiction, these letters must comply with the Pre-Action Protocol for Debt Claims and relevant FCA regulations. The letter typically includes details of the original debt, current balance, proposed settlement amount, payment terms, and deadline for acceptance. It serves as a formal record of the offer and, if accepted, becomes a binding agreement between the parties.
Suggested Sections

1. Sender Details: Full name, address, and reference numbers of the creditor

2. Recipient Details: Full name, address, and account/reference numbers of the debtor

3. Debt Information: Original debt amount, current balance, and account details

4. Settlement Offer: Specific amount being offered as settlement and payment terms

5. Time Limit: Deadline for accepting the offer

6. Payment Instructions: How and where to make the payment

Optional Sections

1. Payment History: Summary of previous payments made, used when demonstrating good faith efforts

2. Financial Hardship Details: Explanation of circumstances, included when relevant to negotiation

3. Tax Implications: Notice about potential tax consequences, included for large settlements

Suggested Schedules

1. Payment Schedule: If offering installment payments rather than lump sum

2. Proof of Financial Hardship: Supporting documents for hardship claims

3. Account Statements: Copies of relevant account statements showing debt history

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Industries

Consumer Credit Act 1974: Primary legislation governing consumer credit agreements and related debt matters in England and Wales. Essential for consumer credit debts and their settlement.

Limitation Act 1980: Establishes statutory time limits for bringing legal actions to recover debts. Important for determining if a debt is statute-barred.

Financial Services and Markets Act 2000: Establishes the regulatory framework for financial services in the UK, including debt management and settlement activities.

Consumer Rights Act 2015: Consolidates consumer protection legislation and ensures fairness in consumer contracts, including debt agreements.

FCA Regulations (CONC): Financial Conduct Authority's Consumer Credit Sourcebook providing detailed rules for consumer credit activities and debt collection.

Consumer Protection from Unfair Trading Regulations 2008: Protects consumers from unfair commercial practices, including in debt collection and settlement negotiations.

FCA TCF Principles: Treating Customers Fairly principles that must be adhered to by financial institutions and debt collectors.

Pre-Action Protocol for Debt Claims: Court procedures that must be followed before initiating legal proceedings for debt recovery.

Civil Procedure Rules: Rules governing civil litigation in England and Wales, relevant if the debt matter involves court proceedings.

UK GDPR: Data protection regulations ensuring proper handling of personal information in debt-related communications.

Data Protection Act 2018: UK's implementation of data protection requirements, governing how personal information is handled in debt matters.

Insolvency Act 1986: Legislation governing insolvency procedures and relevant when dealing with debtors considering or undergoing insolvency.

Banking Act 2009: Regulations specific to banking institutions involved in debt settlement arrangements.

Contract Law Principles: Common law principles governing formation and enforcement of contracts, including debt settlement agreements.

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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