What is the Letter of Demand?
The letter of demand states your legal rights and crystalises the:
-
Outstanding money owed to you.
-
Damages you may have suffered.
-
Refund you are seeking.
-
Date payment is required or the date the performance of an obligation is required.
The Letter of Demand may threaten legal proceedings pending non-payment or performance of an obligation by the requested date.
Why should you choose Arida Lawyers over a Debt Collection Agency?
At Arida Lawyers, you only deal with us, and we do not charge a commission on the recovery of your outstanding money.
Individuals/companies that engage debt collector agencies will find that:
-
The debt collector charges a commission on recovery, usually in the amount of 10% to 25% of the total debt.
-
The debt collector requires you to engage their in-house or partnered law firm to commence legal proceedings should the Debtor not make payment.
-
You may be responsible for paying both legal fees and commission for the recovery proceedings, which will leave you with significantly less money than anticipated.
What does the Letter of Demand include?
The Arida Lawyers letter of demand includes:
-
The name of the Creditor and the Debtor.
-
The date the Creditor and the Debtor entered into the agreement.
-
The commercial relationship of the Creditor and Debtor.
-
Any relevant receipts or invoices to which the demands relate to.
-
The date which payment, compensation, refund, or performance is required.
-
The impending legal proceedings in the instance the demands are not complied with by the required date.
The Arida Lawyers process when issuing the Letter of Demand
Once you have filled out the details required in the Letter of Demand form, a lawyer at Arida Lawyers reviews the completed form and drafts the Letter of Demand.
A copy of the Letter of Demand will be emailed to you once completed.
What if the Debtor disputes my demands?
Should Arida Lawyers receive a response to the Letter of Demand from the Debtor disputing your demands, we will contact you for a Free Consultation to discuss whether you have a claim, the prospects of recovery, and preliminary strategy.
At Arida Lawyers, our experienced team can advise Creditors on the viability of initiating recovery action in the current environment. We can commence legal proceedings and commence enforcement actions to recover your debts.
When is the Arida Lawyer's Letter of Demand required?
The contract or terms and conditions typically contain material terms that outline the parties rights and obligations or the principal, contractor and sub-contractor rights and responsibilities. Relevantly, those terms specify the events that need to take place before payment falls due.
In other instances, parties have entered into an agreement without a written contract or terms and conditions. In this situation, further investigation crystalises the contracting parties' rights and obligations, the agreed sum of money for providing goods and services, and the date payment becomes due and payable. The contracting parties' actions and written correspondence usually identify the characteristics of the agreement and the contracting parties' rights and obligations.
The person/company following up for payment or compensation, known as the Creditor, will usually find that the person/company they are collecting money or compensation from, known as the Debtor, is unresponsive, aggressive or consistently promising to make payment. This process is undoubtedly frustrating to the Creditor and may result in additional financial loss. The continuation of demanding outstanding money or the performance of an obligation without legal involvement will prove ineffective.
Issuing a legal letter of demand with Arida Lawyers letterhead and sign-off will improve your chances of recovery as the Debtor will take you more seriously for the following reasons:
-
Fear of the commencement of legal proceedings against the Debtor.
-
Fear of incurring legal costs that arise from legal proceedings.
-
Fear of paying interest on any outstanding money.
-
Fear of liability for additional financial loss.
-
A professional lawyer at Arida Lawyers directly corresponding with the Debtor.
-
The letter of demand will specify the date for payment before the commencement of legal proceedings, which will create a sense of urgency for the Debtor to comply with your demands.
