Fal,(posted 7320 days ago)The following letter (from a solicitor) should help.
PRE SETTLEMENT LETTER
We need to make a distinction between a letter which is negotiating a full and final and a letter confirming the terms of a full and final which has been agreed.
After an agreement has been reached but before any money is handed over, I usually suggest that a letter is written along theses lines:
Your Name:
Your Address:
Date:
Name of Creditor:
Address of Creditor:
Without Prejudice:
Dear Sir/Madam
Account No._________________________________________________________________
I write with reference to the money which you are claiming on the above account. This letter does not constitute an admission of any liability and is not an acknowledgment of the debt.
Further to our agreement on full and final settlement of my mortgage shortfall liabilities for the sum of £00.00 (+ spell out in words), I am now ready to pay over the money on an 'ex gratia' basis.
Before I do this I would be grateful if you could confirm in writing that the sum is acepted in full and final settlement and full satisfaction of all liabilities under and relating to the mortgage, however arising.
Please also confirm that you will make an entry on my credit reference file and the mortgage possession register to the effect that the debt has been satisfied, and that you will foward to me a certificate of satisfaction following receipt of the agreed payment.
Payment can be made within (Put the number of days or weeks within which you will pay) of receiving your written agreement of this offer and method of payment.
I look forward to receiving your reply.
Yours faithfully
(your signature)