LETTERS OF DEMAND: OWN ACCOUNT
Summary
These Letters of Demand may be considered for use where a debt is owed to you by a debtor, and has not yet been repaid. A Letter of Demand serves to call on the debtor to pay the debt, failing which further action will be taken.
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Why do I need a Letter of Demand?
A Letter of Demand reminds a debtor of the amount that is due for payment, and gives the debtor a deadline for the payment. A first letter of demand acknowledges that payment may have been made, in which case this letter can be ignored. Ie. The wording of the First Letter of Demand is more lenient than the Final Letter of Demand. The wording of the Final Letter of Demand is in harsher tones than the First Letter of Demand, and warns the debtor of the legal consequences of ignoring the demand.
What type of business should use a Letter of Demand?
If your business has debtors that owe money, these Letters of Demand may be used to call on the debtor to pay the amounts owed.
What do the Letters of Demand say?
Each Letter of Demand:
- Confirms the amount that is due
- Gives the debtor a deadline in which to pay
- Provides for the insertion of bank details into which the debt can be paid
- Generally cautions the debtor should the debt not be paid
What do the Letters of Demand look like?
- Each letter can be printed onto one A4 page.
What do you need to do to use the Letters of Demand?
- Read the document to ensure that it suits your requirements. Make changes as required.
- Complete the relevant details, and send the First Letter of Demand to the debtor.
- Should the debtor fail to make payment, send the Final Letter of Demand. (Note: the Final Letter of Demand can be used on its own, without the First Letter of Demand having been sent).
Also known as:
- Demand Letter
- Final Notice
Please note: Letters of Demand may be subject to the National Credit Act 34 of 2005, in which event an expert’s advice should be sought.
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