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Past Due Collection Letter Template for South Africa

A Past Due Collection Letter is a formal document used in South Africa to demand payment of overdue debts, complying with the requirements of the National Credit Act 34 of 2005 and other relevant legislation. The document serves as an official communication between a creditor and debtor, detailing the outstanding amount, payment terms, and potential consequences of non-payment. It includes mandatory disclosures required by South African law, such as the debtor's rights and the creditor's obligations, while maintaining a professional tone that encourages resolution of the debt obligation.

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What is a Past Due Collection Letter?

The Past Due Collection Letter is an essential business document used when previous attempts to collect payment have been unsuccessful. It serves as a formal demand for payment of outstanding debts in accordance with South African legislation, particularly the National Credit Act 34 of 2005 and the Consumer Protection Act 68 of 2008. This document is typically issued after payment terms have expired and before considering legal action. It must include specific information such as the debt amount, payment history, current balance, and payment instructions, while also informing the debtor of their rights under South African law. The letter should maintain a professional tone while clearly communicating the urgency of the situation and potential consequences of non-payment.

What sections should be included in a Past Due Collection Letter?

1. Sender Details: Full legal name, registration number, and contact details of the creditor/collection agency

2. Date: Current date of the letter

3. Recipient Details: Debtor's full name and address

4. Reference Numbers: Account number, invoice numbers, and any other relevant reference numbers

5. Subject Line: Clear indication that this is a collection notice

6. Debt Details: Original amount, current balance, interest accrued, and payment history

7. Payment Demand: Clear statement of amount due and payment deadline

8. Payment Instructions: Detailed information on how and where to make payment

9. Legal Notice: Statement of legal rights and consequences of non-payment

10. Contact Information: How the debtor can contact you to discuss the debt or arrange payment

What sections are optional to include in a Past Due Collection Letter?

1. Settlement Offer: Include when authorized to offer a settlement amount or payment plan

2. Previous Communications Reference: Include when this is not the first collection notice

3. Dispute Rights Notice: Include when required by specific circumstances or when dealing with disputed debts

4. Business Hours: Include when physical payment or contact options are available

5. Power of Attorney: Include when the collection is being made on behalf of another entity

What schedules should be included in a Past Due Collection Letter?

1. Statement of Account: Detailed breakdown of the debt, including principal, interest, and fees

2. Payment History: Record of previous payments and attempts to collect

3. Original Agreement: Copy of the original credit agreement or invoice

4. Interest Calculation: Detailed calculation of interest charges applied to the debt

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

South Africa

Publisher

Ƶ

Cost

Free to use

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