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  • UPDATED - Full & Final Settlements Explained

    [COLOR=#ff8000][SIZE=5][CENTER]Full & Final Settlements Explained[/CENTER]
    [/SIZE][/COLOR]
    [COLOR=#ff8000][SIZE=5]What are full and final settlements....[/SIZE][/COLOR]
    Full & Final Settlements (known as F&F) simply means that you ask the creditors to let you pay a lump sum which is less than the full balance you owe on the debt. In return for having a lump sum payment the creditor agrees to write off the rest of the debt. You may be able to do this because you have come in to some money or have some savings you can use. Sometimes a friend or relative offers to put forward a lump sum to help you pay off the creditors. Your circumstances may be very unlikely to change for the better in the future. It is very important that you explain to the creditors that the money will not be available forever and the friend or relative will not make the payments unless the offer is accepted.

    [COLOR=#ff8000][SIZE=5]How to make an offer....[/SIZE][/COLOR][LIST=1][*]You can use the sample letter here: [B]--->[/B] [B][URL="http://forums.all-about-debt.co.uk/showpost.php?p=9120&postcount=3"][COLOR=#ff8000]F&F Offer Template[/COLOR][/URL][/B] to make full and final settlement offers to your creditors, also make sure you keep copies of any letters you send.[*]Make sure the creditor accepts your full and final settlement offer in writing; and retain a copy in case of a dispute which [size=5]can happen years later.[*][U]Never[/U] send a lump sum payment before the offer is accepted.[*]Ask a third party such as a friend or relative to send the money on your behalf. This helps your agreement to be more legally binding if the creditor accepts the money via a third party.[*]If you are settling a debt that is large or particularly important, you could have a formal agreement drawn up by a solicitor and signed by you and the creditor. This is not normally necessary and not really suggested.[*]Make sure the creditor agrees in writing to change your credit reference file details to show the balance is "satisfied" or "partially settled" and the date; see [COLOR=#0000ff][B]Rizzles[/B][/COLOR] thread on this here: [B]--->[/B] [B][URL="http://forums.all-about-debt.co.uk/showthread.php?t=238"][COLOR=#ff8000]CRA's & Partial Settlements[/COLOR][/URL][/B]. Check this have been done by asking the credit reference agencies for a copy of your credit file, as detailed here: [B]--->[/B] [B][URL="http://forums.all-about-debt.co.uk/showpost.php?p=75&postcount=2"][COLOR=#ff8000]How to obtain your Credit File[/COLOR][/URL][/B].[/LIST]
    [COLOR=#ff8000][SIZE=5]How to work out offers of payment in full and final settlement....[/SIZE][/COLOR]
    You may have a lump sum that you need to divide up amongst several creditors. The usual way of doing this is to make "pro-rata" offers. This means that each creditor gets a fair share of the money available. The creditor you owe the most to will get the biggest share of the money and the creditor you owe the least to will get the smallest share; see the formula detailed below;

    [COLOR=#ff8000][SIZE=5]Forumula....[/SIZE][/COLOR][LIST=1][*]Lump Sum Available [COLOR=#ff8000][B]x[/B][/COLOR] Each Debt[*][COLOR=#ff8000][B]÷[/B][/COLOR] Total Amount Owed to Creditors[*][COLOR=#ff8000][B]=[/B][/COLOR] Offer to the Creditor[/LIST]
    To use an example, lets say you have £20,000 owing between 4 creditors and you're able to raise £4,000 to generate some lump sums. Assuming you owe:
    [LIST=1][*][B]Card[/B] - £4,600[*][B]Bank[/B] - £2,400[*][B]Loan[/B] - £9,000[*][B]Debt[/B] - £4,000[/LIST]
    Then you'd use the formula as follows:[INDENT]£4,000 (Lump Sum Available) x £4,600 (Card 1)

    ÷ £20,000 (the total amount you owe to creditors)

    = £920 (offer to Card 1)
    [/INDENT]Your offer to Card 1 is £920. You then do the same calculation for each creditor, using each individual debt in the calculation meaning your overall example formula should look something like this:[INDENT][B][COLOR=#ff0000]Type[/COLOR][/B] - [B][COLOR=#4000ff]Debt[/COLOR][/B] - [B]Offer[/B][/INDENT][LIST=1][*][COLOR=#ff0000]Card[/COLOR] - [COLOR=#4000ff]£4,600[/COLOR] - £ 920[*][COLOR=#ff0000]Bank[/COLOR] - [COLOR=#4000ff]£2,400[/COLOR] - £ 480[*][COLOR=#ff0000]Loan[/COLOR] - [COLOR=#4000ff]£9,000[/COLOR] - £1,800[*][COLOR=#ff0000]Debt[/COLOR] - [COLOR=#4000ff]£4,000[/COLOR] - £ 800[/LIST]
    Send offer letters to all your creditors along with a table like the one shown above. It is helpful if creditors can see that they are all receiving an offer of a pro-rata settlement, so they also know they are all being treated the same and fairly.
    Last edited by Never-In-Doubt; 26 January 2011, 03:58.
    I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

    If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

  • #2
    F&F Offer in exchange for Default Removal Template

    [FONT=Verdana][COLOR=#ff8000][CENTER][SIZE=5]F&F Offer in exchange for Default Removal Template[/SIZE][/CENTER]
    [/COLOR][/FONT][FONT=Verdana]
    Remember to edit the [B]50%[/B] to whatever you prefer - although 50% is a great starting point but some Debt Collection Agency's will start as low as 10% - 15% of the debt value...
    [QUOTE][/FONT][FONT=Verdana]Dear Sirs,

    [B]Account No: XXXXXXXX[/B][/FONT] [FONT=Verdana]

    I write with reference to previous communication regarding an outstanding balance on the above mentioned account and wish to make an offer to resolve that will suitably please both parties. [/FONT] [FONT=Verdana]

    I do have an outstanding balance on the account, as you are fully aware this is made up primarily of charges. However, a default to you and no payment will not achieve much and so I therefore write to try and resolve matters amicably, that will suit both of us long term. I propose to offer a full and final payment to settle and close this account to the value of [/FONT] [FONT=Verdana][B]50%[/B] of the original amount, which will take into account and absorb, a lot of the charges that have been added to the account throughout time.

    The alternative is for me to place the account formally into dispute and demand s.10 CCA (1974) is brought into play (cease & desist) whilst I reclaim all unlawful charges combined with all costs. I shall then look at the legality of the assignment of debt; the issuance of a default notice and the agreement (prescribed terms) and between them, I'll probably be able to counter sue and litigate over unenforceability. [/FONT] [FONT=Verdana]

    To summarise, I am more than happy to settle as much as [/FONT] [FONT=Verdana][B]50%[/B] of the total amount owing so long as you can agree to, and ensure that, the following actions will be carried out;[/FONT][INDENT][FONT=Verdana][B]a)[/B] The Default Notice will be removed
    [B]b)[/B] [/FONT][FONT=Verdana] The Status of the account will change from “Defaulted” to “Settled”
    [B]c)[/B] [/FONT][FONT=Verdana] The Current Balance will appear as £0.00
    [B]d)[/B] [/FONT][FONT=Verdana] The Default / Delinquent Balance will be set to £0.00
    [B]e)[/B] [/FONT][FONT=Verdana] There will be no date in the “Defaulted Date” field (as it will be removed)
    [B]f)[/B] [/FONT][FONT=Verdana] There will be no date in the “Date Last Delinquent” field on the report
    [B]g)[/B] [/FONT][FONT=Verdana] This will apply to all 3 Credit Reference Agencies, namely Experian, Equifax & Call Credit
    [/FONT] [/INDENT][FONT=Verdana]If you're happy with my proposal, please respond confirming each of the above points on official letter headed paper, confirming the exact amount owing and I will send a cheque by return. Failure to agree will result in more formal papers being sent, by return.

    I look forward to your response. [/FONT] [FONT=Verdana]

    Yours faithfully [/FONT] [FONT=Verdana]


    [/FONT] [FONT=Verdana][COLOR=#ff8000][SIZE=5][B]Sign Digitally[/B][/SIZE][/COLOR][/FONT][/QUOTE][FONT=Verdana][COLOR=#ff8000][SIZE=5][/SIZE][/COLOR][/FONT]
    Last edited by Never-In-Doubt; 26 January 2011, 04:01.
    I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

    If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

    Comment


    • #3
      F&F Offer Template

      [FONT=Verdana][SIZE=5][COLOR=#ff8000][CENTER]F&F Offer Template[/CENTER]
      [/COLOR][/SIZE][/FONT][FONT=Verdana][SIZE=2]
      [/SIZE][/FONT][QUOTE][FONT=Verdana][SIZE=2]Dear Sirs,

      [B]Account No: XXXXXXXX [/B]

      I write with reference to previous communication regarding an outstanding balance on the above mentioned account and wish to make an offer to resolve that will suitably please both parties.

      I can confirm that I am unable to offer to pay the money which I owe in full, however I am able to raise £xxx.xx and wish 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 or any associate company will take any other action to enforce or pursue this debt in any way whatsoever and that I will be released from any liability. I also request that, if accepted, you will mark any entry on a credit reference agency file relating to the above account as "satisfied" in full.

      Payment can be made within 28 days of receiving your written agreement of this offer and confirmed preferred method of payment.

      I look forward to your response.

      Yours faithfully


      [/SIZE][/FONT][FONT=Verdana][SIZE=5][COLOR=#ff8000][B]Sign Digitally[/B][/COLOR][/SIZE][/FONT][/QUOTE][FONT=Verdana][SIZE=5][COLOR=#ff8000][/COLOR][/SIZE][/FONT]
      Last edited by Never-In-Doubt; 26 January 2011, 04:02.
      I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

      If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

      Comment

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