2ND LETTER OF DEMAND

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The first step in recovering a debt is a well worded letter of demand. It is helpful to recommend a client issue a demand of their own. This puts the debtor on notice that they are seriously overdue and foreshadows the matter being passed to a solicitor. After the client’s demand a formal letter of demand should come from the solicitor’s office.

Initial letters of demand should be polite so that a commercial relationship can be preserved if the non payment is merely an oversight. The intention is to let the recipient know the matter is now in the hands of a lawyer but says this in a polite way. It also increases the likelihood of payment if the initial demand is polite. Rude and overly threatening demands from the outset may have the effect of inducing a debtor to withhold payment out of spite.

In many cases a letter of demand indicating the matter has been passed to solicitors is sufficient
to induce a client to pay. In other cases more threatening letters are required. If these fail, then obtaining judgment via the court process and enforcement are required.

We have three letters of demand.

  Letter of Demand 2

A more threatening letter that mentions legal proceedings and gives 7 days to pay.

 Includes GST

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2nd LETTER OF DEMAND
What is a 2ND Letter of Demand

A second letter of demand is a follow-up communication sent to a debtor after the initial letter of demand has been ignored or has not resulted in payment. This letter is typically more assertive and emphasizes the urgency of the situation, reiterating the outstanding debt and warning of potential consequences if the debt is not settled promptly.

Key Components of a 2nd Letter of Demand

Key Components of a Second Letter of Demand

  1. Reference to Previous Communication: Mention the initial letter of demand and the fact that it has not elicited a response or payment.

  2. Creditor Information: The name, address, and contact details of the creditor or collection agency.

  3. Debtor Information: The name and address of the debtor.

  4. Account Details: Information about the debt, including:

    • The amount owed.
    • The original due date of the payment.
    • The account or reference number.
  5. Reiteration of Payment Request: A clear and specific request for immediate payment, including the total amount due and a deadline for payment.

  6. Consequences of Non-Payment: A stronger statement outlining the potential consequences if the debt is not paid by the specified deadline. This might include late fees, interest charges, legal action, or reporting to credit agencies.

  7. Payment Instructions: Detailed instructions on how the debtor can make the payment, including acceptable payment methods and any necessary account details.

  8. Contact Information: Information on how the debtor can contact the creditor to discuss the debt or arrange a payment plan.

  9. Date: The date on which the letter is sent.

  10. Firm but Professional Tone: The letter should maintain a professional tone while clearly conveying the increased urgency and seriousness of the situation.

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