The Formal Debt Collection Letter is a crucial document in the Belgian debt recovery process, serving as a formal notification and demand for payment of outstanding debts. It is typically used when previous informal attempts to collect payment have been unsuccessful, marking an escalation in the collection process. The document must strictly comply with Belgian legal requirements, including the Law of 20 December 2002 on Amicable Recovery of Consumer Debts and the Belgian Civil Code. It contains essential information such as debt details, payment terms, and legal consequences, while maintaining professional tone and adherence to fair collection practices. This document is particularly important as it often serves as a prerequisite for any further legal action and must be carefully drafted to ensure its validity in Belgian courts if legal proceedings become necessary.
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1. Sender Details: Full legal name, address, and registration details of the creditor or debt collection agency
2. Recipient Details: Full name and address of the debtor, including any reference numbers
3. Date and Reference: Current date and unique reference number for the debt collection case
4. Formal Debt Notification: Clear statement that this is a formal debt collection notice
5. Debt Details: Precise amount owed, original due date, and breakdown of the principal amount, interest, and any additional costs
6. Legal Basis: Reference to the underlying contract or obligation that created the debt
7. Payment Instructions: Clear payment terms, deadline, and banking details for settlement
8. Consequences of Non-Payment: Information about potential legal actions if payment is not received
1. Interest Calculation: Detailed breakdown of interest calculations - required when charging statutory or contractual interest
2. Previous Communications: Reference to prior payment requests - include when this is not the first notice
3. Settlement Options: Proposed payment arrangements or settlement options - include when willing to negotiate terms
4. Consumer Rights Notice: Mandatory information about consumer rights - include when the debtor is a consumer
5. Dispute Resolution: Information about how to dispute the debt - recommended for consumer cases
1. Original Invoice(s): Copies of unpaid invoices or billing statements
2. Statement of Account: Detailed overview of all transactions, payments, and outstanding amounts
3. Contract Extract: Relevant excerpts from the original contract showing payment obligations
4. Payment History: Record of any partial payments made and remaining balance
5. Interest Calculation Sheet: Detailed breakdown of how interest and late payment charges were calculated
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