The Five Day Demand Letter is a crucial pre-litigation document used in England and Wales when previous attempts to collect a debt have failed. It represents a final formal demand before commencing legal proceedings, giving the debtor one last opportunity to settle the outstanding amount. The letter must include specific details about the debt, payment terms, and clearly state the five-day deadline. It serves as evidence of reasonable attempts to resolve the matter before court action and complies with pre-action protocols required by English courts.
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1. Sender Details: Full name, address, and contact information of the creditor
2. Recipient Details: Full name, address of the debtor
3. Debt Details: Amount owed, origin of debt, date incurred
4. Payment Demand: Clear statement of amount required and 5-day deadline
5. Payment Instructions: How and where to make payment
6. Legal Consequences: Statement of intended legal action if payment not received
1. Interest Calculation: Include when claiming statutory interest under Late Payment of Commercial Debts (Interest) Act 1998
2. Previous Communications: Reference to prior payment requests and correspondence history
3. Payment Plan Option: Optional section offering to discuss payment arrangements if full immediate payment cannot be made
1. Original Invoice: Copy of unpaid invoice(s) evidencing the debt
2. Statement of Account: Detailed breakdown of debt including any charges and interest calculations
3. Contract Extract: Relevant terms from original agreement establishing the debt obligation
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