Credit Card Debt Settlement Agreement Template for India

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Credit Card Debt Settlement Agreement

"I need a Credit Card Debt Settlement Agreement for settling a Rs. 5,00,000 credit card debt with HDFC Bank for Rs. 3,50,000 as a one-time payment, to be executed in Mumbai under Indian law."

Document background
A Credit Card Debt Settlement Agreement is used when a credit card holder is unable to pay their full outstanding debt and the financial institution agrees to accept a reduced amount as full settlement. This document becomes necessary when both parties have negotiated and reached terms for debt settlement, typically involving a lump sum payment or structured payment plan for less than the total amount owed. The agreement, governed by Indian law and regulated under the Banking Regulation Act, 1949, and RBI guidelines, provides legal protection for both parties by clearly documenting the settlement terms, payment schedule, and conditions for debt forgiveness. It's particularly relevant in situations of financial hardship or debt restructuring, ensuring compliance with Indian banking regulations while offering a structured path to debt resolution. The document typically includes details of the original debt, settlement amount, payment terms, release provisions, and credit reporting arrangements.
Suggested Sections

1. Parties: Identifies the creditor (bank/financial institution) and debtor, including their complete legal names, addresses, and registration details where applicable

2. Background: Describes the original credit card agreement, outstanding debt amount, and circumstances leading to the settlement

3. Definitions: Defines key terms used throughout the agreement including 'Settlement Amount', 'Original Debt', 'Payment Schedule', etc.

4. Settlement Terms: Specifies the agreed settlement amount and percentage of original debt being forgiven

5. Payment Terms: Details the payment schedule, method of payment, and due dates

6. Representations and Warranties: Statements by both parties confirming their authority to enter the agreement and accuracy of information provided

7. Default and Remedies: Specifies what constitutes default and the consequences/remedies available to either party

8. Release and Settlement: Confirms that upon completion of payments, the debt will be considered fully settled and the debtor released from further obligations

9. Confidentiality: Requirements for maintaining confidentiality of the settlement terms

10. Governing Law and Jurisdiction: Specifies Indian law as governing law and defines jurisdiction for dispute resolution

11. Execution: Signature blocks and execution requirements

Optional Sections

1. Third-Party Authorization: Required when a debt settlement agency or other third party is authorized to act on behalf of the debtor

2. Credit Reporting: Specifies how the settlement will be reported to credit bureaus, if agreed upon

3. Tax Implications: Includes when there's a need to address tax consequences of the debt settlement

4. Insurance Requirements: Required when payment protection insurance or other insurance is part of the settlement arrangement

5. Electronic Communication Consent: Required when parties agree to receive notices and communications electronically

6. Force Majeure: Optional clause for circumstances preventing payment due to unforeseen events

7. Assignment: Required when either party needs the right to assign the agreement to another entity

Suggested Schedules

1. Schedule A - Debt Details: Detailed breakdown of the original debt, including principal, interest, fees, and charges

2. Schedule B - Payment Schedule: Detailed payment plan including dates, amounts, and payment methods

3. Schedule C - Settlement Calculations: Calculations showing the settlement amount and the percentage of debt being forgiven

4. Appendix 1 - Required Documents: List of documents provided by debtor to support settlement application

5. Appendix 2 - Bank Account Details: Banking information for payment processing

6. Appendix 3 - Communication Protocol: Agreed procedures for notices and communications between parties

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

Relevant legal definitions
Relevant Industries

Banking

Financial Services

Credit Card Services

Debt Collection

Consumer Finance

Legal Services

Financial Technology

Consumer Banking

Relevant Teams

Legal

Credit Operations

Collections

Risk Management

Compliance

Customer Relations

Account Management

Settlement Processing

Credit Analysis

Recovery Operations

Banking Operations

Relevant Roles

Credit Manager

Debt Settlement Officer

Legal Counsel

Collections Manager

Risk Manager

Credit Card Operations Manager

Compliance Officer

Customer Relations Manager

Financial Recovery Specialist

Account Manager

Banking Operations Manager

Settlement Negotiator

Credit Analysis Manager

Recovery Agent

Industries
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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