Here is some professional debt collection advice relevant to debt recovery Australia wide by
First International Debt Collection
These words are often used completely out of context. It is important to advise at this point that we are not solicitors so this is merely our view-point on the meaning of ‘Without Prejudice’. We’ve noted much correspondence erroneously headed with the 2 words. It is commonly and mistakenly believed that all correspondence headed this way cannot be used against you in a court of law. Don’t bet on it! In fact it is and can be used against you. It our understanding that the time to use it is when you make an offer to settle the matter. Hence if you, as creditor should decide to email your debtor offering a 50% discount if paid in 7 days – then you need to head the offer “WITHOUT PREJUDICE”. Why is that?
The reason is that should the matter later go to court (say years later), your debtor, may see the evidence tipping in your favour and may well offer up your letter as proof to the magistrate that you had reduced the debt by 50%.
No so with WITHOUT PREJUDICE across the top. The letter cannot be used to prejudice your claim for the debt in full. If, however, you forgot to add those 2 words then you may well have prejudiced your case. Best use Without Prejudice on each and every email relating to any concessional settlement. Opinion offered by layperson, Richard Adams DCL5286, First International Debt Collection.
TERMS & CONDITIONS OF TRADE (AUSTRALIA-WIDE)
If you operate a business and would like to prevent and avoid debt, best you invest in a very compact clause for all your field-work stationery. First International Debt Collection with Perth Debt Collection, have developed a 420 word clause that can be cut and pasted into your emails when supplying a quote. We recommended a 420 word clause that is recommended for your Work Authority; Credit Application form and all emails of confirmation. In short the clause in brief:
1. Our terms are strictly cash/EFT.
2. A penalty interest rate is stipulated (not unconscionable) for late payment
3. Retention of Title on all goods installed or held.
4. The customer’s responsibility under PPSA Personal Property Security Act
5. All costs included – being that of a debt collector & solicitor will be added to the bill.
6. The customer is aware of a security interest exists in the property held
7. The right to register a caveat on any real estate.
8. Trustee acting for or any appointed party of the customer will also be held liable.
9. Jurisdiction for the debt is as we specify in the event of court action.
Debt Collection Agency Process and Debt Collection Services Australia, in association with Best Debt Collection Agency and First International Debt Collection hold licence for these special terms & conditions.
How long can a debt be chased?
The legal statute of a debt in Australia is six years. Therefore, if you have a debt of five years, you have just one year to recover it or it’s at an end. There are exceptions to the rule though. First International Debt Collection FIDC can re-activate a debt close to statute. Give us a call or email us; let us have the details, and we will endeavour to re-activate your debt.
Debt collection of a company debt!
Collecting a debt from a company is somewhat more complex than an individual. However, if the debt is over $2,000 and provided the debt has not been disputed, we can arrange a legal Statutory Demand under section 459E(2) of the Corporations Act of 2001. Once served on the company it has just 21 days in which to pay or it faces being wound up in the Federal Court. Our legals can prepare this quickly but before instructing our legals to prepare it we will deliver a formal notice of warning. This way we resolve the matter or (if ignored) obtain proof of evidence that the debt is undisputed.
First International Debt Collection
Best debt collection firm Australia-wide