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Bad Debt Collection Letter Template for Australia

A Bad Debt Collection Letter is a formal written demand for payment of an outstanding debt, structured in accordance with Australian debt collection laws and regulations. The document serves as a professional and legally compliant means of requesting payment from a debtor, incorporating all necessary elements required by Australian consumer protection laws, privacy regulations, and debt collection guidelines. It includes detailed information about the debt, payment requirements, and consequences of non-payment while maintaining a professional tone that adheres to the ACCC and ASIC debt collection guidelines.

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What is a Bad Debt Collection Letter?

The Bad Debt Collection Letter is a crucial document in the debt recovery process, typically used when previous attempts to collect payment have been unsuccessful. This document is designed to comply with Australian legislation, including the Australian Consumer Law, Privacy Act 1988, and the ACCC/ASIC Debt Collection Guidelines. It serves as a formal written demand for payment and is often the final step before legal action is considered. The letter must include specific information such as debt details, payment terms, and the consequences of non-payment while avoiding any harassment or undue pressure on the debtor. It's essential that the content and tone remain professional and comply with all relevant Australian regulations regarding debt collection practices.

What sections should be included in a Bad Debt Collection Letter?

1. Sender Details: Full business name, address, contact information, and any relevant license numbers of the collecting entity

2. Date: Current date of the letter

3. Recipient Details: Debtor's full name and current address

4. Subject Line: Clear identification of the letter's purpose - 'FINAL NOTICE: Outstanding Debt Collection'

5. Debt Information: Details of the original debt, including account number, original amount, interest accrued, and current total

6. Payment Demand: Clear statement of the amount required and payment deadline

7. Payment Methods: Available payment options and detailed instructions for making payment

8. Legal Compliance Statement: Statement of compliance with debt collection laws and regulations

9. Consequences of Non-Payment: Legal and professional description of next steps if payment is not received

What sections are optional to include in a Bad Debt Collection Letter?

1. Previous Communication Reference: Reference to prior attempts at collection, used when multiple notices have been sent

2. Payment Plan Options: Include when willing to offer flexible payment arrangements

3. Dispute Resolution Process: Information about how to dispute the debt, included when required by jurisdiction or circumstances

4. Interest Calculation Breakdown: Detailed breakdown of how interest has been calculated, used for larger debts or when specifically requested

5. Third-Party Authorization: Information about acting on behalf of the original creditor, used when collecting as a third party

What schedules should be included in a Bad Debt Collection Letter?

1. Statement of Account: Detailed breakdown of the debt, including original amount, interest, fees, and payments made

2. Copy of Original Agreement: Copy of the contract or agreement that led to the debt

3. Payment History: Record of all payments made and missed payment dates

4. Interest Calculation Schedule: Detailed breakdown of how interest has been calculated and applied

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok˰ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Australia

Publisher

tiktok˰

Sector

Cost

Free to use

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