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Debt Settlement Offer Letter Template for South Africa

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Key Requirements PROMPT example:

Debt Settlement Offer Letter

"I need a Debt Settlement Offer Letter for my company to propose settling a R450,000 business debt with ABC Suppliers Ltd at 70% of the outstanding amount, with payment to be made in three installments by March 2025."

Document background
The Debt Settlement Offer Letter is a crucial document in South African debt resolution practices, used when a debtor seeks to resolve outstanding financial obligations through a negotiated settlement. This document type is particularly relevant in contexts where full debt repayment may not be feasible, and a mutually beneficial compromise is sought. The letter must comply with South African legislation, particularly the National Credit Act 34 of 2005 and the Consumer Protection Act 68 of 2008. It typically includes comprehensive details about the debt, the proposed settlement amount, payment terms, and conditions for acceptance. The document serves as an initial step in debt resolution negotiations and, when accepted, forms a legally binding agreement between the parties. It's commonly used in both consumer and business contexts, and may be drafted by the debtor, their legal representative, or a debt counsellor.
Suggested Sections

1. Sender Details: Full name, address, and contact information of the debtor making the offer

2. Date: Current date of the letter

3. Recipient Details: Creditor's name, address, and relevant account/reference numbers

4. Subject Line: Clear indication that this is a debt settlement offer with reference numbers

5. Debt Identification: Specific details of the debt(s) including account numbers, original amount, current balance, and any relevant history

6. Settlement Offer: Clear statement of the proposed settlement amount and percentage of the total debt

7. Payment Terms: Proposed payment method and timeline for the settlement amount

8. Conditions: Any conditions attached to the offer, including requirement for written acceptance and release of further claims

9. Response Timeline: Deadline for responding to the offer and method of acceptance

10. Closing: Professional closing statement, signature, and contact information for follow-up

Optional Sections

1. Financial Hardship Statement: Include when the offer is based on financial hardship, providing brief explanation of circumstances

2. Third Party Authorization: Required when the letter is being sent by an authorized representative or debt counsellor

3. Previous Communication Reference: Include when following up on previous discussions or correspondence

4. Legal Proceedings Status: Include if there are ongoing legal proceedings related to the debt

5. Tax Implications Disclaimer: Include when the settlement amount is significantly less than the original debt, noting possible tax implications

Suggested Schedules

1. Schedule A: Debt Breakdown: Detailed breakdown of the debt components including principal, interest, and fees if multiple debts or complex calculations are involved

2. Schedule B: Payment Plan: If offering installment payments, detailed schedule of payment dates and amounts

3. Schedule C: Supporting Documents: List of attached documents supporting financial hardship claims or ability to pay the settlement amount

Authors

Alex Denne

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

Relevant legal definitions




















Clauses


















Relevant Industries

Financial Services

Banking

Retail

Insurance

Telecommunications

Utilities

Healthcare

Education

Professional Services

Real Estate

Construction

Relevant Teams

Legal

Finance

Credit Control

Collections

Risk Management

Compliance

Business Recovery

Account Management

Customer Relations

Debt Administration

Relevant Roles

Credit Manager

Debt Collection Officer

Financial Manager

Legal Counsel

Debt Counsellor

Credit Controller

Accounts Receivable Manager

Risk Manager

Collections Specialist

Financial Advisory Consultant

Legal Administrator

Compliance Officer

Business Rescue Practitioner

Finance Director

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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