'In writing' - email OK?

bbk87

I am sending my F&F settlement to one of my creditors.

I realise my offer and their reply must be in writing and it must state that it would be a final payment on the account, however does email count? Even if I were to print off the whole email (I file things relating to debts so I have a record of when I pay them off).

Thanks.

sourcrates

Hi,
Email is......ok, and you should not have any trouble, but to be a legally binding document, it must be in the form of a letter.

Basically, unless its in writing, you are leaving yourself open to potential future disputes.
An email (electronic communication) is not a legally recognized form of communication.

May not happen, but many people have put debts to bed in this way, or so they thought, only to have residual balances sold on at some point in the future, and because they had nothing in writing to say the debt was settled, opened themselves up to a whole lot of trouble.

So, for the price of a few stamps, is it worth the potential future hassle ?

VanyaHargreeves

I wouldn't risk it.

It's too easy for an email to get lost in the abyss - possibly not delivered etc.

If I were you I'd stick to tracked physical mail.

poppasmurf_bewdley

If an email was ok, I think it would say email ok.

In writing generally means in the form of a letter, in an envelope, with postage paid.

FireWyrm

No. For it to be legally binding and water tight, it must be solid paper. Sorry. The law was written long before computers existed. A full and final settlement isnt just a form of words, it constitutes a legally binding and enforceable contract between yourself and your creditor. If down the line, your creditor claims that you still owe them money, as long as you have that piece of paper in hard copy, you can go to court, beat them about the ears with it and a judge will sell popcorn. It is also the reason why creditors are reluctant to use the words 'full and final' and often the debtor finds the debt simply sold on to another pursuer.

If you do this, it is best to send your offer in writing and demand their response in the same way. Get proof of posting (so they cant claim it was lost) and follow it up after 7 days to confirm they a) received it and b) they are considering their position. Check for responses within 21 days and if you have not received a response in that time, sent a 'hurry up' letter and keep that filed too. The response you get MUST contain the words FULL AND FINAL. Accept no substitute. It must be those words exactly.

Brightspark87

I had a f&f by email but I requested it formally in the post - to ensure I had both just then I knew I had to pay that but waited until I had that. hope that helps