Debt Resolution Agreement Template for England and Wales

A Debt Resolution Agreement is a legally binding document under English and Welsh law that formalizes an arrangement between a creditor and debtor regarding the settlement of outstanding debt. It outlines the agreed terms for repayment, including payment schedules, interest arrangements, and any debt write-off provisions. The agreement provides clarity and security for both parties while ensuring compliance with UK financial regulations and consumer protection laws.

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What is a Debt Resolution Agreement?

A Debt Resolution Agreement is utilized when parties wish to formally document the terms of debt settlement under English and Welsh law. This document is particularly relevant when standard payment terms have proven unsuitable and alternative arrangements are needed. The agreement typically includes details of the original debt, current balance, agreed payment terms, and any special conditions such as interest freezes or partial debt write-offs. It provides a structured framework for debt resolution while ensuring compliance with UK financial regulations, including the Consumer Credit Act 1974 and Financial Services and Markets Act 2000.

What sections should be included in a Debt Resolution Agreement?

1. Parties: Identification and details of creditor and debtor

2. Background: Context of the debt, including original amount, date incurred, and current status

3. Definitions: Key terms used throughout the agreement

4. Acknowledgment of Debt: Formal recognition of the debt amount and validity

5. Payment Terms: Agreed payment schedule, amounts, and methods

6. Default Provisions: Consequences of failing to meet payment obligations

7. Termination: Circumstances under which the agreement can be terminated

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

1. Interest and Charges: Details of any interest or additional charges, if applicable

2. Debt Write-Off Provisions: Terms for partial debt forgiveness when offered as part of the resolution

3. Third Party Rights: Rights of guarantors or other interested parties when third parties are involved in the debt

4. Confidentiality: Terms regarding confidentiality of the agreement when parties wish to keep terms private

What schedules should be included in a Debt Resolution Agreement?

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

2. Original Debt Documentation: Copies of original loan agreements or credit agreements

3. Statement of Account: Current debt balance and payment history

4. Direct Debit Mandate: Payment authorization forms if applicable

Authors

Alex Denne

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

Jurisdiction

England and Wales

Publisher

Genie AI

Cost

Free to use

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