Full and Final Settlement Offers
A Full & Final Settlement Offer is an offer of part payment to creditors in the form of a one off lump sum payment in turn for having the remainder of the debt written off. A Full and Final Settlement Offer could be a suitable strategy to clear debts if you have access to a lump sum of money - this may be from-
- the sale of assets such as property
- savings
- re-mortgaging
- third party donation from family / friends
- windfall such as lottery / inheritance
Why might creditors accept?
- avoid expenses of trying to recover / legal action that is not guaranteed to be successful
- may prefer a smaller overall lump sum now rather than small instalments over a long period
- your other options such as bankruptcy may mean no return to them
Some Advantages
- if the offer is accepted you pay less overall
- the debt would be paid off sooner allowing a 'fresh' start
- creditors should mark the debts as a partial settlement
- credit rating may improve
Some Disadvantages
- no guarantees that the creditor(s) will accept
- a lump sum may need to be used which could have been used for something else
- once creditors become aware that you have access to a lump sum they may demand payment of the full debt
- clearing the debt in this way will not remove any default notice or county court judgment previously obtained from your credit record, they will remain on file for six years
- issues around the arrangement being legally binding
Full & Final Settlement Offers should be made by the way of a pro-rata settlement with written evidence / proof from creditors confirming their full acceptance.
Making pro rata settlement offers/ payments would not make the arrangement legally binding. There will be a legally binding agreement if either:
- an arrangement is made with all your unsecured creditors; or
- the funds are made available by a third party (eg, a relative) and the offer is made by him / her on your behalf; or
- the agreement is embodied in a formal document known as a 'deed' The services of a solicitor will be required you want a a deed to be drawn up. (eg, a deed may be required if there are any doubts as to the trustworthiness of any particular creditor)
Useful Links
- For best results, please answer all questions before continuing
- If you want to explore the other options for dealing with debt you can read about other options