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Collection Dunning Letter Template for Australia

A Collection Dunning Letter is a formal written communication used in Australia to request payment of an overdue debt. The document must comply with Australian Consumer Law, the ACCC-ASIC Debt Collection Guidelines, and relevant state legislation. It serves as a formal reminder of payment obligations while adhering to strict regulatory requirements regarding tone, content, and consumer rights. The letter includes detailed information about the debt, payment options, and legally required disclaimers, while maintaining professional communication standards and avoiding any harassment or undue pressure as prescribed by Australian law.

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What is a Collection Dunning Letter?

A Collection Dunning Letter is a critical tool in the debt collection process, used when previous payment requests have been unsuccessful. This document type is essential for businesses operating in Australia who need to formally request payment while complying with strict regulatory requirements, including the ACCC-ASIC Debt Collection Guidelines and Australian Consumer Law. The letter serves as an escalation in the collection process, providing clear information about the debt, payment options, and consequences of non-payment, while maintaining professional standards and protecting consumer rights. It must be carefully drafted to avoid any accusations of harassment or undue pressure, which could violate Australian debt collection regulations. The timing and content of the Collection Dunning Letter are crucial, as it often represents a significant step before potential legal action.

What sections should be included in a Collection Dunning Letter?

1. Sender Details: Full business name, contact information, and any relevant license numbers of the collecting entity

2. Recipient Details: Debtor's full name and current address

3. Date: Current date of the letter

4. Reference Information: Account/invoice numbers, debt reference numbers

5. Debt Details: Clear statement of the amount owed, original creditor, date of debt, and how it was incurred

6. Payment Request: Clear statement requesting payment and deadline

7. Payment Instructions: Detailed information on how to make the payment

8. Contact Information: How the debtor can contact you to discuss the debt

9. Legal Disclaimers: Required statements about consumer rights and debt collection practices

What sections are optional to include in a Collection Dunning Letter?

1. Payment Plan Options: Include when willing to offer flexible payment arrangements

2. Dispute Resolution Process: Include when required by specific industry regulations or when dealing with contested debts

3. Third-Party Authorization: Include when the debt has been assigned or when collecting on behalf of another entity

4. Financial Hardship Information: Include when required by industry codes or when dealing with consumer debts

5. Previous Communication Reference: Include when this is not the first collection notice

What schedules should be included in a Collection Dunning Letter?

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

2. Payment History: Record of any previous payments or payment attempts

3. Original Invoice/Contract: Copy of the original documentation proving the debt

4. Consumer Rights Notice: Detailed information about the debtor's rights under Australian Consumer Law

Authors

Alex Denne

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

Jurisdiction

Australia

Publisher

Genie AI

Sector

Cost

Free to use

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