April 11, 2017

General Notice Board

NOTICE BOARD

Here is some professional debt collection advice relevant to debt recovery Australia wide by

First International Debt Collection

 

WITHOUT PREJUDICE

What does it mean – and when do I use it?

“Without Prejudice” often used in demand letters  – completely out of context. It is important at this point to inform you that we are not solicitors so this is merely our view-point on its meaning.

We’ve noted much correspondence erroneously headed ‘Without Prejudice’ The writers of such correspondence are of the deluded belief that by heading it in this way that it cannot be used in court.

WRONG!  –  it will be.  The only time you should use without prejudice is when you provide an offer to resolve the matter. In such case the ‘without prejudice’ means the debtor cannot later say (say in court) “Your Honour, he agreed to reduce this debt by 50%”

If the without prejudice offer is not taken up by the deadline you are stating, without prejudice, that your offer, once lapsed, will revert to to the original sum – not prejudiced by the offer not taken up.

DOES MY BUSINESS NEED TERMS & CONDITIONS? 

If you operate a business and wish to prevent bad debt – you need clauses on your email or work authority to ensure you can confidently sue.

First International Debt Collection along with Perth Debt Collection Services, developed a 420 word clause that can be cut and pasted into your emails when supplying a quote.  The 420 word clause will fully protect you against the rogues that lay in wait.

In short the clause stipulates:
1. The terms of trade are strictly cash/EFT.
2.  Penalty interest is applied for late payment
3. Retention of Title on goods installed or held.
4.  Customer’s responsibility under PPSA Personal Property Security Act
5. All costs are added (ie debt collector & solicitor).
6.  Security interest applies on all property held by the customer,
7. Right to register a caveat.
8. The customer is still liable if acting as a trustee.
9. Jurisdiction for the debt for court action.

Debt Collection Agency Process and Debt Collection Services Australia, in association with Best Debt Collection Agency and  First International Debt Collection.

 

How old is too old for a debt?

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.

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.

 

Is collecting a Company debt any different to that of an individual?

Collecting a debt from a company is somewhat more complex than an individual.  With a company, if  the debt is over $2,000 (and not disputed)  a legal Statutory Demand can be used to bring home the debt within 21 days – or be wound up in the Federal Court.

 

First International Debt Collection

Best debt collection firm Australia-wide

OBTAIN A QUOTE FOR YOUR DEBT

Licensed bonded debt collection agency. ABN: 38 091 890 570 Member of Institute of Mercantile, Agents Australia Collectors Association, Mercantile Agents Association
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