Drafting an Effective Letter of Demand: Your User-Friendly Guide (Series: Debt Recovery)

Ever felt stuck in a rut with a business deal gone sour, and money owed to you remains unpaid? Don't worry. Titance Legal is here with the third instalment of our Debt Recovery Series - a straightforward guide to penning a compelling letter of demand, simplified for small and medium-sized business owners like you.

What is a Letter of Demand?

Think of a letter of demand as a final friendly reminder before you decide to take things up a notch with legal action. It's your way of saying, "Hey, you owe me, and it's high time you paid up!"

Step 1: Say Hello Correctly and State Your Purpose

Start by addressing the person or company that owes you money and lay out what the letter is about. Here's how you could say it, "Dear [Name], I'm writing to you about the outstanding payment for the recent supply of products dated [date]."

Step 2: Jog Their Memory

Next, bring up the specifics of the agreement you had, include dates, parties involved, and any paper trail like receipts or invoices. Make it clear that you've done your part: "As per our agreement, we delivered your order on [date] (refer attached invoice)."

Step 3: Pinpoint the Issue

Mention the [relevant laws] and highlight how the other party has failed to fulfill their obligations. The idea here is to be precise and detailed. For example, "In line with our agreement and as per the [relevant laws], the due payment for the aforementioned delivery remains unpaid."

Step 4: Share the Fallout

Talk about how this non-payment has negatively impacted you or your business, whether it's lost revenue or additional costs incurred. For example, "This overdue payment has strained our business operations and resulted in avoidable financial distress."

Step 5: Tell Them What You Want

Now, articulate what you want to resolve the situation – the outstanding payment. If you need to show any evidence, attach it here. Try this phrasing, "We kindly request the immediate settlement of the outstanding payment of [amount], as shown in the attached invoice."

Step 6: Send it Out

Send your letter via both email and post to ensure the other party receives it. Remember to state your intention to seek legal redress if the matter remains unresolved. Here's how to put it, "If this matter is not resolved within the stipulated period, we may proceed with appropriate legal actions."

Conclusion

Creating an effective letter of demand is a proactive step towards recovering a debt. But it doesn't have to be a solo journey. Why stress over nitty-gritty legal details when you can have experts on your side?

Need help recovering your debt? Contact Titance Legal - your dependable ally in your debt recovery journey!


FAQs

When should I send a letter of demand?

If you've hit a brick wall in trying to recover your money, it's time to consider a letter of demand.

What's the goal of a letter of demand?

To formally and firmly highlight your claim, making the debtor realise that you mean business.

What should my letter of demand include?

It should cover details of the agreement, the outstanding payment, its effect on you, your demand for resolution, and a legal action warning.

How should I dispatch my letter of demand?

To ensure it lands in the debtor's hands, send it via email and post.

Can a letter of demand help recover my money?

Absolutely! A powerfully crafted letter of demand can be a turning point in your debt recovery process.

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Crafting a CSD - Creditor’s Statutory Demand Letter (Series: Debt Recovery)

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Debt Recovery in NSW Explained: Letters of Demand to Litigation (Series: Debt Recovery)