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Question re precise wording/language for full and final settlement offer

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  • Question re precise wording/language for full and final settlement offer

    Hi Everyone and thank you in advance for any help.

    I've just been reading an old thread (2015) about tactics used by firms who buy up old debts, and it seems that it's possible for a firm to accept a full and final offer and say they won't pursue for the balance but for them to then sell the partial outstanding to another firm who can and will chase for it. Debt charities suggest following wording:

    "I am making this offer on the clear understanding that, if you accept it, neither you nor any associate company will take any further action to collect or enforce this debt in any way and that I will be released from any liability. "

    But based on what I just read, wouldn't it be safer to add, 'OR ANY UNRELATED THIRD PARTY' so that it reads:

    "I am making this offer on the clear understanding that, if you accept it, neither you nor any associate company or any unrelated third party will take any further action to collect or enforce this debt in any way and that I will be released from any liability."

    Is there a Legal Beagle who can advise on this please? This is to help my friend who is trying to sort out a few/several old debts.
    Tags: None

  • #2
    Some Guidance here - https://www.stepchange.org/debt-info...creditors.aspx

    Comment


    • #3
      Originally posted by echat11 View Post
      Thank you, Echat11

      Comment


      • #4
        If A has agreed a full and final settlement with X, he has no further right of action that he can assign to B. X has a complete defence to a claim by B.
        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

        Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

        Comment


        • #5
          Thank you very much, Atticus, great clarification

          Comment


          • #6
            Make sure you get their acceptance in writing. Keep the document safe.

            The creditors / debt collection agencies recover debts in a 'caviler' fashion,
            so you could have a 'random data' that points to you because the debt has
            been sold several times.

            If that ever happens, just update the thread.

            Comment


            • #7
              Thank you, Echat11 Very helpful and useful to know.

              Comment


              • #8
                Originally posted by atticus View Post
                If A has agreed a full and final settlement with X, he has no further right of action that he can assign to B. X has a complete defence to a claim by B.
                Thank you very much, Atticus, great clarification

                Comment


                • #9
                  Originally posted by echat11 View Post
                  Make sure you get their acceptance in writing. Keep the document safe.

                  The creditors / debt collection agencies recover debts in a 'caviler' fashion,
                  so you could have a 'random data' that points to you because the debt has
                  been sold several times.

                  If that ever happens, just update the thread.
                  Thank you, Echat11 Very helpful and useful to know.

                  Comment

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