Second Letter Of Demand for the United Kingdom

Second Letter Of Demand Template for England and Wales

A Second Letter of Demand is a formal written communication under English and Welsh law, typically sent after an initial demand letter has failed to secure payment. It represents an escalation in the debt recovery process and serves as the final warning before potential legal proceedings. The document outlines the debt details, payment history, and clearly states the consequences of continued non-payment, while complying with pre-action protocols under the Civil Procedure Rules.

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What is a Second Letter Of Demand?

The Second Letter of Demand is a crucial document in the debt recovery process under English and Welsh jurisdiction. It is typically issued when the first demand letter has not resulted in payment or satisfactory response from the debtor. This document serves as the final formal warning before legal proceedings may commence, and must comply with pre-action protocols. The Second Letter of Demand includes detailed information about the debt, payment history, and clearly outlines the consequences of non-payment, including potential court action. It is essential to maintain professional tone while demonstrating the serious nature of the situation.

What sections should be included in a Second Letter Of Demand?

1. Reference to First Demand Letter: Date and details of previous correspondence including reference numbers

2. Debt Details: Clear statement of amount owed, invoice numbers, dates and payment terms

3. Payment History: Detailed summary of payments made and missed to date

4. Legal Basis: Reference to contract or agreement forming basis of debt

5. Demand for Payment: Clear statement of amount required and deadline for payment

6. Consequences: Clear statement of legal actions to be taken if payment not received by deadline

What sections are optional to include in a Second Letter Of Demand?

1. Interest Calculation: Details of statutory or contractual interest being claimed on the outstanding amount

2. Payment Plan Options: Alternative payment arrangements that may be considered

3. Legal Costs: Statement of legal costs incurred and basis for recovery

What schedules should be included in a Second Letter Of Demand?

1. Original Contract: Copy of the original contract or agreement evidencing the debt

2. Invoice Records: Copies of all relevant unpaid invoices

3. Payment Statement: Detailed statement showing all transactions and outstanding balance

4. First Demand Letter: Copy of the first letter of demand previously sent

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 | Serial Founder & Legal AI Author

Jurisdiction

England and Wales

Publisher

Genie AI

Document Type

Demand Letter

Sector

Marketing

Cost

Free to use
Industries

Late Payment of Commercial Debts (Interest) Act 1998: Key legislation for claiming statutory interest on commercial debts and establishing rights to claim compensation for late payment

Limitation Act 1980: Sets statutory time limits for bringing claims - 6 years for simple contracts and debts, 12 years for specialty debts (deeds)

Civil Procedure Rules (CPR): Governs pre-action conduct protocols and requirements before legal proceedings, including Practice Direction on Pre-Action Conduct

Law of Property Act 1925: Relevant legislation when the debt is secured against property

Consumer Credit Act 1974: Legislation governing consumer credit and specific requirements for dealing with consumer debtors

Contract Law fundamentals: Basic principles for establishing the validity of the original contract and terms and conditions relevant to payment

Financial Services and Markets Act 2000: Applicable legislation if the debt relates to regulated financial services

Data Protection Act 2018 and UK GDPR: Legislation governing the handling of personal information and privacy considerations in correspondence

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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