The 10 Day Demand Letter is a critical document in New Zealand's debt recovery process, typically used when previous attempts to collect payment have been unsuccessful. It represents a formal step before initiating legal proceedings through the courts. This document must be carefully drafted to comply with New Zealand legislation, including the Contract and Commercial Law Act 2017, the Credit Contracts and Consumer Finance Act 2003 (for consumer debts), and the Companies Act 1993 (for company debtors). The letter should clearly state the amount owed, the basis of the debt, payment history, and specify that the debtor has 10 days to make payment or face legal consequences. When used as a statutory demand for company debtors, it carries additional legal weight and specific requirements under the Companies Act 1993.
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1. Sender Details: Full legal name, address, and contact information of the creditor or their representative
2. Recipient Details: Full legal name and address of the debtor (individual or company)
3. Date: Current date of the letter
4. Subject Line: Clear indication that this is a formal demand for payment
5. Debt Details: Specific amount owed, origin of the debt, and date it was incurred
6. Payment History: Brief summary of previous attempts to collect the debt and any partial payments made
7. Demand Statement: Clear statement demanding payment within 10 days
8. Payment Instructions: Specific payment methods accepted and bank account details for payment
9. Legal Consequences: Statement of intended legal action if payment is not received within the specified timeframe
10. Closing: Formal closing including signature block and creditor's contact information
1. Interest Calculation: Include when charging interest on the outstanding amount, showing calculation method and total
2. Security Details: Include when the debt is secured against specific assets or property
3. Previous Correspondence: Reference to prior communications when multiple attempts at collection have been made
4. Payment Plan Option: Include when willing to consider alternative payment arrangements
5. Statutory Declaration: Include when dealing with company debtors and this serves as a statutory demand under the Companies Act 1993
6. Without Prejudice Save As To Costs: Include when the letter may be used in future legal proceedings for costs purposes
1. Statement of Account: Detailed breakdown of the debt, including original amount, interest, fees, and any payments received
2. Copy of Original Agreement: Copy of the contract or agreement that gave rise to the debt
3. Payment History Record: Detailed record of all payments made and missed payment dates
4. Previous Correspondence Log: Copies of relevant previous communications regarding the debt
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