Where the debt is owed by a borrower as a result of an unpaid loan or loans, it goes without saying that the loan money or credit would have been provided on the basis of some terms and conditions, or some agreement, as to (amongst other things) how much money was being loaned, the term of the loan and interest rates. The terms of the loan contract and/or arrangement between you and the borrower need to be pleaded and set out precisely. The loan contract will often contain both express terms and implied terms.
The benefit of using an experienced law firm to assist you with the drafting of the Statement of Claim or other correspondence is that the Law firm will be able to properly set out, after due investigation, not only what the lender and the borrower expressly agreed to, but also what implied or other obligations arise on the part of the borrower, as well as any other legal principles or causes of action that might exist or might be asserted against the borrower, so that the lender enjoys the benefit of having the highest prospect of recovering the debt from the borrower.
The very first letter that you send could be the very letter that hurts or prejudices your legal position significantly, often to such an extent that by the time you will decide to seek legal advice, significant damage may have been caused to your legal position as the lender, as a result of the ill-considered steps taken by you.
If you are owed money by a borrower, it is imperative that you instruct a law firm to assist you to understand clearly the relationship between yourself as the lender and the borrower, as well as properly articulate and plead your case against that borrower.
Care also needs to be taken, when drafting any pleading, to mitigate against the risk of a potential cross-claim that might be brought against you by any debtor who is seeking to deny any claim for unpaid loan moneys, as well as retaliate with a cross-claim.
If you require assistance with the recovery of an unpaid loan, you should contact our head office by telelphone on (02) 9233 4048 or send an email to us at firstname.lastname@example.org and make an appointment to see our Sydney Debt Collection Lawyers. We have branch offices conveniently located accross the Sydney metropoltian area. To see a complete list of our branch offices, please peruse the 'locations' tab above.
This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.
Sorry, but no Articles are available at this time.
Sorry, but no FAQs are available at this time.
If you require assistance with a matter, you should make an appointment to see one of our Lawyers in one of the following locations:
- Debt Recovery Lawyer Sydney
- Insurance Law Lawyer Sydney
- Debt Recovery Lawyer Parramatta
- Insurance Law Lawyer Parramatta
- Debt Recovery Lawyer North Sydney
- Insurance Law Lawyer North Sydney
- Debt Recovery Lawyer Rockdale
- Insurance Law Lawyer Rockdale
- Debt Recovery Lawyer Liverpool
- Insurance Law Lawyer Liverpool
- Debt Recovery Lawyer Gordon
- Insurance Law Lawyer Gordon
- Debt Recovery Lawyer Baulkham Hills
- Insurance Law Lawyer Baulkham Hills
- Debt Recovery Lawyer Campbelltown
- Insurance Law Lawyer Campbelltown
- Debt Recovery Lawyer Bondi Junction
- Insurance Law Lawyer Bondi Junction
- Debt Recovery Lawyer Chatswood
- Insurance Law Lawyer Chatswood
- Debt Recovery Lawyer Miranda
- Insurance Law Lawyer Miranda
- Debt Recovery Lawyer Bella Vista
- Insurance Law Lawyer Bella Vista
- Debt Recovery Lawyer Erina
- Insurance Law Lawyer Erina