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Demand Letter FAQ United Kingdom
No, the demand letter is designed to reach a civilized solution to the financial predicament that one party has caused to the other. By pointing out that further legal action may be taken if no resolution is found, the demand letter is intended to encourage settlement rather than going to trial.
Yes, you should retain a copy of the letter in case further legal action is required and the recipient of the letter attempts to deny having received it.
If your demand has been ignored or the Recipient refuses to agree to your terms in the letter, your next course of action would be to file a lawsuit.
To ensure that the demand letter is received, you should use certified mail where possible.
No, but providing copies of any documents you have evidencing the debt that is owed will increase the likelihood that the debtor will pay back the debt rather than letting the issue go to court.
Yes, you can use the Debt Owed Demand Letter, but only demand payment of the portion of the debt that is owed to you.
NSF stands for not sufficient funds, and refers to a Cheque that has been drawn on an account with insufficient funds to meet the value of the Cheque, or an account which has since been closed.
Yes, in most jurisdictions, the Payee of a Cheque can receive up to three times the amount of the Cheque in damages, but damages are frequently limited to a maximum of $1,500.
No, you do not have to contact the writer of the Cheque. However, sending a demand letter is often the quickest and easiest way to collect money owed because of aN NSF Cheque.
Use this form of demand letter when a Cheque that was written to you was stopped by the writer of the Cheque, resulting in you not being paid what you were owed.
Generally, there is no required time frame, but you should give the writer of the Cheque sufficient time to examine their records and determine if they have a good faith dispute over the payment that was stopped. Three to five days is usually a sufficient amount of time.
In cases where you know that the debtor will not be able to repay the entire debt in a reasonable period of time, you can offer to accept less than what you are owed to ensure that you actually recover at least part of the debt. This option is most often exercised when the creditor knows that even if they win at trial, the debtor will likely be unable to repay all the debt. You may also accept a lesser amount because you want to avoid the uncertainty of trial, you need your money right away, or your legal expenses will be high and you may get little of these costs back even if you are successful at trial.
Having the Recipient acknowledging the letter and stating that he agrees to the terms of the letter is merely an agreement to agreement. Unless you have paid some consideration or given some value such as accepting a lesser amount or accepting payment over time, the agreement to agree would not be legally binding. If you are accepting payment over time and there was some doubt as to the Recipient's liability to pay, you might want him to sign a promissory note instead. If you are accepting a lesser amount, you might want to use an Accord and Satisfaction (see LawDepot's Release Agreement).