Full & Final Settlements

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Full and Final Settlements

Harrington Brooks Full and FinalA Full and Final Settlement is often the best way to proceed if your creditors will agree as your debts will be paid off without any further deterioration to your credit rating.

A Full and Final OFFER is a process whereby you make a one off lump sum payment to your creditors, which is a lot less than you owe them, in return for the remainder of your debt being written off.

A Full and Final SETTLEMENT is when your creditors accepts your lump sum payment offer, which is often less than the full balance of a debt. In return, creditors will write off the remaining debt. So effectively this lump-sum will settle your outstanding debt.

You divide the lump sum over a number of different creditors, by making a pro-rata offer where the creditor that you owe the most to will receive the greatest amount and the smallest creditor in terms of debt value receives the smallest amount.

Why Would I Make a Full and Final Settlement Offer?

There are a number of circumstances where this type a Full and Final Settlement may be the best way to clear your debt. For example if you have friends or family that have offered the lump sum, you have savings, you have released equity from your property or if you have come into some money through an inheritance or windfall.

If you are thinking about a way to raise a lump-sum then it is important that you don't sell items that are essential or are needed for a reasonable standard of living. You don't want to sell your car if you need it for work purposes or sell tools that you need for your trade. But there may be ways that you can raise additional funds, by selling antiques or shares for example.

How Would I Make a Full and Final Settlement Offer?

There are a number of different techniques that Harrington Brooks can employ to achieve your settlement, which depends on your creditors, how long you have had the debts and whether you are in arrears.

Simple Settlement

You may have the opportunity to borrow from family or/and friends, who will only lend you the money if all your debts are written off.

Remortgage or/and IVA Settlement

(see Remortgages and IVA)

A more complicated variant is when we recommend a remortgage that will not pay off your debts but allows you to realise sufficient funds to make an offer to your creditors that is significantly less than the amount that you owe. This offer could be an agreed but informal arrangement (see Simple Settlement above) or a formal one off IVA payment.

The Psychology of Full & Final Settlement offers

The principle behind a Full & Final settlement is simple; that a creditor is more likely to accept a reduced offer to settle the outstanding debt if a cash offer is placed in front of them and they have the opportunity to accept it.

This principle is evidenced by Chris Tarrant on his TV programme, 'Who wants to be a millionaire?' as he waves a cheque in front of the contestant to increase the pressure and tension. You can imagine how difficult it is to ignore the cheque and ask for the next question!

So, the psychological principle is correct, but is it a practical solution to solving debt problem?

At Harrington Brooks we are sure that Full & Final Settlements will continue to grow in importance as more and more debtors are made aware of the solution.


Individual Voluntary Arrangement (IVA):

  • Unsecured debts only
  • Initial debt advice is free but fees are payable if a debt solution is agreed.
  • An IVA should only be considered in extreme circumstances as failure to adhere could result in bankruptcy. Debt write off applies only where the IVA is accepted by at least 75% of your creditors (in terms of debt value) of those creditors who vote at the creditors' meeting convened to consider your IVA proposal and you have completed the, typically, 60 month term. Some homeowners may be required to release equity.
  • Fees and Costs: An estimate of the costs involved in the arrangement will be included within your proposal; however these fees are subject to change at the creditors meeting. Once the creditors have approved your IVA the basis of our fees will be set and an up to date schedule of fees will be issued to you. Chargeable fees are made up of Nominee's fees which relate to the assistance given to prepare your proposal and will be taken from the first payments made into your arrangement, and Supervisor's fees which relate to the ongoing monitoring, supervision and administration of your IVA and which will be charged on a monthly basis and deducted from the contributions you pay into the arrangement. No further fees are payable by you.
  • Credit Rating: A record of your IVA will be retained by credit reference agencies for a period of six years. Your credit rating will be impaired and it may be harder to obtain credit in the medium to long term.
  • Cooling Off Period/Right to Withdraw: You can withdraw your proposal for a voluntary arrangement at any point up and including the day of your creditor's meeting. Once the arrangement has been approved at the creditors' meeting and you have agreed to be bound by its terms, you have entered formal insolvency proceedings and no cooling off period applies.
  • Terms & Conditions apply.

The Insolvency Service have produced an 'In Debt? Dealing With Your Creditors' guide which summarises key features of each of the main ways of dealing with debt.

Financial Management Plans:

  • Unsecured debts only.
    Initial debt advice is free but fees are payable if a debt solution is agreed.
  • A key benefit of the Plan is the ability to only repay what you can afford each month. Clearly the consequence of this is that it will take longer to repay your debts, and creditors do not have to agree to freeze interest and charges. You will receive allowances to pay Secured and Priority debts.
  • Fees and Costs: An 'Initial Fee' is the set up cost of your Plan and is equal to two months disposable income, subject to a minimum of £295 and will be retained from your initial payment(s). Whilst you pay our initial fee, monies are not distributed to your creditors and this retained payment may place you in arrears.
    A 'Monthly Fee' payable for our services will be charged thereafter, equal to 17.625% of your monthly agreed disposable income, subject to a min of £35 and a max of £100.
  • Credit Rating: Entering into a Plan means contractual payments will be missed and your debt and repayment term could increase. Your credit rating will be impaired and it may be harder to obtain credit in the medium to long term as records will be retained by credit reference agencies for six years.
  • Cooling Off Period/Right to Withdraw: On receipt of your first payment we will issue to you a key features document and estimated fees schedule. If for any reason you wish to cancel we offer a seven-day cooling-off period from the date of said letter in which we offer a full refund of any fees which we have taken.
  • Terms & Conditions apply.

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