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Debt Settlement Agreement for the United Kingdom

Debt Settlement Agreement Template for England and Wales

A Debt Settlement Agreement is a legally binding document under English and Welsh law that formalizes an arrangement between a creditor and debtor to settle an outstanding debt for less than the full amount owed. The agreement outlines the terms of settlement, including the agreed reduced sum, payment schedule, and conditions for debt release. It provides legal certainty for both parties and, when properly executed, prevents future claims related to the original debt.

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What is a Debt Settlement Agreement?

A Debt Settlement Agreement is essential when parties wish to resolve outstanding debts through a formal compromise. This document, governed by English and Welsh law, provides a structured framework for debt resolution, typically used when a debtor cannot pay the full amount owed and the creditor agrees to accept a reduced sum in full settlement. The agreement includes crucial details such as the original debt amount, the agreed settlement figure, payment terms, and release provisions. It offers protection for both parties by clearly documenting the terms of settlement and preventing future claims once the agreement is fulfilled.

What sections should be included in a Debt Settlement Agreement?

1. Parties: Identification of creditor and debtor with full legal names and addresses

2. Background: Details of the original debt, including amount, date incurred, and current outstanding balance

3. Definitions: Key terms used throughout the agreement

4. Settlement Amount: Agreed amount to be paid in settlement of the debt

5. Payment Terms: Payment schedule, method, and deadlines

6. Release Provisions: Terms of debt release upon completion of payment

7. Governing Law: Specification of English and Welsh law as governing law

What sections are optional to include in a Debt Settlement Agreement?

1. Default Provisions: Consequences of payment default - include when installment payments are agreed

2. Confidentiality: Terms of confidentiality regarding the settlement - include when parties wish to keep terms private

3. Tax Implications: Statement regarding tax treatment of settlement - include when settlement involves significant write-offs

What schedules should be included in a Debt Settlement Agreement?

1. Payment Schedule: Detailed breakdown of payment dates and amounts

2. Original Debt Documentation: Copies of original debt agreements or statements

3. Settlement Calculation: Breakdown of how settlement amount was calculated

Authors

Alex Denne

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

Jurisdiction

England and Wales

Publisher

Ƶ

Cost

Free to use
Relevant legal definitions




















Clauses




















Industries

Limitation Act 1980: Sets time limits on debt collection, including six-year limitation period for most debts and twelve years for specialty debts. Critical for determining enforceability of the debt being settled.

Consumer Credit Act 1974: Regulates consumer credit agreements, including requirements for information disclosure and consumer protections. Particularly relevant if the debt involves consumer credit.

Contracts (Rights of Third Parties) Act 1999: Establishes common law principles of contract formation and third-party rights in contracts. Essential for ensuring the settlement agreement is properly formed and enforceable.

Consumer Rights Act 2015: Governs consumer protection, including requirements for fairness and transparency in consumer contracts. Applicable when dealing with consumer debts.

Financial Services and Markets Act 2000: Regulatory framework for financial services in the UK. Relevant if the debt settlement involves regulated financial services or institutions.

Unfair Contract Terms Act 1977: Controls the use and fairness of contract terms, particularly in standard form contracts. Important for ensuring settlement terms are fair and enforceable.

Data Protection Act 2018: Together with UK GDPR, governs the handling of personal information in the agreement and settlement process.

FCA Regulations: Financial Conduct Authority regulations that must be considered if the creditor is FCA-regulated, ensuring compliance with regulatory requirements for debt settlement.

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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