From 1 October 2017 a creditor seeking payment from an individual must provide the individual (including sole trader) with:

  • 30 days for a response to be received before commencing legal action
  • Details of the amount of debt as well as any interest and charges due
  • Full details of the written or oral agreement under which the debt arose
  • If the debt has been assigned, details of the original debt, original creditor, and the assignment
  • If instalments are being paid, an explanation as to why instalments are no longer acceptable
  • Details of how the debt can be paid/or how to proceed if the debtor wishes to discuss payment
  • A statement the debtor can ask for a copy of the agreement where the debt arises from a written agreement.
  • An information sheet and a reply form for the debtor to complete indicating whether or not the debt is disputed and how any payment(s) will be made. The reply form can also be used by the debtor to request any further information or documentation.
  • A Financial Statement for the debtor to provide details of their incomings and outgoings in support of any offer of repayment proposals.
  • The address to which the completed reply form should be sent
  • The letter must also be clearly dated towards the top of the 1st page and be posted on the day it is dated.

If you’re struggling to collect a debt from an individual and need to resort to debt recovery proceedings, why not have a chat with us to see whether an alternative course of action may yield a better result.

We specialise in turning won’t pays and can’t pays into will or can pay.¬† Call us today or email