The Debt Collection Letter of Demand is a critical document in Belgian debt recovery procedures, serving as a formal notification to debtors regarding outstanding payments. This document is typically used when previous informal attempts to collect payment have been unsuccessful and before initiating legal proceedings. Under Belgian law, particularly the Law of 20 December 2002 on Amicable Recovery of Consumer Debts, specific information must be included in the demand letter, such as the debt's origin, amount, and payment terms. The letter must comply with Belgian consumer protection regulations and privacy laws, especially when handling personal data. It's essential for businesses and individuals seeking to recover debts while maintaining compliance with Belgian legal requirements for debt collection practices.
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1. Sender Details: Full legal name, address, and registration details of the creditor or collection agency
2. Recipient Details: Full name and address of the debtor
3. Date and Reference: Current date and unique reference number for the demand
4. Debt Details: Clear statement of the original debt amount, date incurred, and current balance including any interest or charges
5. Payment History: Summary of any previous payments made and remaining balance
6. Legal Basis: Reference to the underlying contract or obligation creating the debt
7. Demand Statement: Formal demand for payment including the total amount due
8. Payment Instructions: Clear instructions on how and when to make the payment, including deadline
9. Consequences: Statement of potential legal actions if payment is not received
1. Interest Calculation: Detailed breakdown of interest calculations when applicable to commercial debts under the Law of 2 August 2002
2. Previous Communications: Reference to previous attempts to collect the debt, used when multiple attempts have been made
3. Settlement Options: Proposed payment arrangements or settlement options, included when the creditor is willing to negotiate
4. Third Party Authorization: Details of debt collection agency authorization, required when collection is handled by a third party
5. Dispute Procedure: Information about how to dispute the debt, particularly important in consumer debt cases
1. Statement of Account: Detailed breakdown of the debt, including original amount, interest, fees, and payments received
2. Copy of Original Agreement: Copy of the contract or agreement that gave rise to the debt
3. Payment History Schedule: Detailed listing of all payments received and dates
4. Interest Calculation Schedule: Detailed calculation of interest charges where applicable
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