FINAL 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.

 

Letter of Demand 3

Gives a further 7 days to pay before proceedings are commenced. Outline costs of proceedings and that these may be added to the debt.

 

Includes GST

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FINAL LETTER OF DEMAND
What is a Final Letter of Demand

A final letter of demand, also known as a final demand letter or final notice, is a formal and often more urgent communication sent to a debtor as the last attempt to collect an outstanding debt before taking further action, such as legal proceedings. This letter signifies that previous attempts to resolve the debt have been unsuccessful, and it outlines the imminent consequences if the debt remains unpaid.

Key Components of a Final Letter of Demand

Key Components of a Final Letter of Demand

  1. Reference to Previous Communications: Mention the initial and any subsequent letters of demand and the lack of 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 final deadline for payment.

  6. Consequences of Non-Payment: A detailed and stern statement outlining the potential consequences if the debt is not paid by the specified final deadline. This might include:

    • Legal action.
    • Additional fees and interest.
    • Reporting to credit agencies.
    • Potential seizure of assets.
  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 and Urgent Tone: The letter should convey a sense of urgency and seriousness, making it clear that this is the final opportunity to resolve the debt before further action is taken.

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