Debt - Need for Proof that Letter of Demand was Sent?

[abracadabra]

Hello,

My mother is being chased by debt collectors. She doesn't dispute the debt and she made an offer for a repayment plan. This was rejected and a letter was apparently sent by this company saying that if she does not counter offer within a certain period of time, they would commence proceedings.

She says that she did not receive this letter and the only proof that the company can provide is a PDF with no letterhead, no electronic signature etc. - it essentially looks like something that I could prepare in Microsoft Word in five minutes. They advise that this was sent, that they do not need to offer any further evidence of this, and thus they were justified in commencing proceedings.

Is this correct? Are there any cases or e.g. ASIC regulations for debt collectors stating that they have to show evidence of this? As mentioned, she is fine with repaying the debt, but she's now liable for legal costs, so it would be helpful to have information that shows that this company should not have escalated the matter.

Thanks very much in advance.

 

[Rob Legat - SBPL]

Generally in these types of cases, the simple say so that the letter was sent in the ordinary post is enough. If the matter were to go to court, then this would be a piece of evidence which would need to be admitted under oath (usually by way of affidavit). However, to simply start legal proceedings it's enough to state in a claim that the letter was sent.