debt collection

Beware of a S6Q Notice.

What is an S6Q Notice? It is a default notice that is sent in accordance with section 6Q of the Privacy Act 1988 (Cth). If you owe a creditor an amount that is more than $150, that creditor can do the following:

 

  1. Issue you with a first S6Q Notice as soon as the debt becomes overdue;
  2. If the amount is not paid within 30 days of the date the first S6Q Notice is issued, they can then send you a second Notice;
  3. Wait for another 14 days and then register you on your credit report. This can be disastrous as it will prevent you from obtaining finance. The entry on your credit report automatically lapses on the expiration of 5 years of the date of the entry however, 5 years is a long time when you need to, let’s say, apply for a personal loan or refinance.

 

There are other steps that are available to a creditor to pursue the debt – one of them is to issue a proceeding in court. It is important therefore, to act as soon as the first Notice is received and contact us to obtain advice on your options.

 

 

This article provides information that is general in nature and is not a substitute for legal advice.

Are you still owed money?

When you have outstanding payments owed to you by a client, and your attempt to contact them to finalise payment(s) have not finalised the matter, we have a low cost step that you can take before calling (and paying for) a debt collection service.

We’ve included a “Letter of Demand” on our website. This letter can now be your first, cost effective step to recover outstanding debts.

It’s easy to use:

  1. Simply click HERE and you will be directed to our “Demand Letter”
  2. Simply complete your details and your debtor’s details in the form provided on our website; and
  3. Pay a flat fee of $77 [incl GST]

 

Hassall’s Litigation Services will complete a Letter of Demand on our letterhead. The letter will be sent, within 7 days of payment, to your debtor. This demand letter serves as a warning to pay the money or further legal action may be taken.

This new service will only cost you $77 [inc GST] to have the letter completed, printed and delivered.

Once the Demand Letter has been sent

No further action will be taken. However, if you require further assistance, simply contact us and we may assist you to commence proceedings to recover your debt.

To complete your Letter of Demand, simply click here.

This article provides information that is general in nature and is not a substitute for legal advice.

Statutory Demands: Another way to collect your debts!

Not many people are aware of what a Statutory Demand is and how it can help them.

If your debtor is a company and you have supplied goods to them, you can issue the debtor with a Statutory Demand.

Instead of issuing proceedings in Court, you can serve a Statutory Demand on the debtor if:

The debt is OVER AUD$2,000; and
There is NO dispute over the amount owing and the supply of goods or services.
If you do serve a Statutory Demand, the debtor has 21 days to pay the debt. If the debtor disputes the Statutory Demand, it then can to apply to the Supreme Court to have the Statutory Demand set aside within that 21 day period.

If they do neither of the above – then there is a presumption that the company is insolvent – which places you into a position to wind them up (or put them into liquidation).

If the debtor wants to stay in business and there is no basis upon which it can apply to the Supreme Court to have the Statutory Demand set aside, this process is significantly cheaper than issuing a proceeding in Court.

How can we help?

After being provided with copies of the invoices, we can draft a Statutory Demand for you. You will have to swear on an affidavit to say the goods and the invoice(s) have been delivered and the money is still outstanding and there is no dispute as to the amount owed.

The first step is easy, call us on 9555-7233 or email us and we will begin the process for you.

This article provides information that is general in nature and is not a substitute for legal advice.

Are you still owed money?

If you’ve started the new year with one or more outstanding debts on your books – here’s a way you can start proceedings – for a lot less than you may think.

Our website now includes a “Letter of Demand” that you can use as your first your step to recover outstanding debts.

It’s easy to use:

  1. Simply click HERE and you will be directed to our online  “Demand Letter” service
  2. Simply complete your details, your debtors details in the form provided on our website
  3. Pay a flat fee of $77 [incl GST]

 

Hassall’s Litigation Services will complete a Letter of Demand on its letterhead. The letter will be sent, within 7 days of payment, to your debtor. This demand letter serves as a warning to pay the money or further legal action may be taken.

This new service will only cost you $77 [inc GST] to have the letter completed, printed and delivered.

Once the Demand Letter has been sent

No further action will be taken. However, if you require further assistance, simply contact us and we may assist you to commence proceedings to recover your debt.

 

To complete your Letter of Demand, simply click here.

 

If you know someone chasing an outstanding invoice – let them know about this service today!

 

This article provides information that is general in nature and is not a substitute for legal advice.

Debt Collection – what is it good for?

What are your options for debt collection? First, let’s discuss these two issues:

The question of liability and the question of quantum:

  • Liability: Do you have a contract that entitles you to be paid? We can assess within an hour. That deals with liability.
  • Quantum: Before we even ask you about liability, we want to know what the amount owed is – the quantum. Is the outstanding amount large enough to waste your time or money on us, collecting for you? If not, why are you doing that work?!

If you cannot prove liability, you need to examine your terms of trade and/or your contract. We can help.

Before continuing with your business and minimising further outstanding debts, ask yourself:  Do you have the self-discipline you need to say, “No I’m stopping work for you until you pay me what you owe, plus a deposit for any future work”.

If you don’t, you are better off spending your time at the beach!

We have a simple debt collection process – click here.

If you need more than a letter of demand, we can advise you about proceedings at VCAT and at the courts and we can also advise you about your terms of trade.

 

This article provides information that is general in nature and is not a substitute for legal advice.