A good demand is brief. It says who is owed what, on what basis, by when, and what follows — and then it stops. A long letter reads as uncertainty. An aggressive one creates a defensive debtor and, potentially, a legal problem for the creditor who sent it.
Five In, Everything Else Out
In: the creditor, correctly named. The debt — the sum and the basis, referring to the invoices, contract or account rather than asserting a bare figure. The requirement: payment of a stated sum, to a stated destination, within a stated and reasonable period. The consequence if it is not paid, stated accurately and confined to what you are genuinely willing and able to do. And an invitation to make contact if there is a dispute or a difficulty — not softness, but the step that most often surfaces the information determining whether proceedings are worth issuing. Out: the history of the relationship, your frustration, moral commentary, and above all any threat you will not carry out. A deadline that passes without consequence teaches the debtor that the next one can be ignored too, so pick a period you will actually hold to. And check the limitation position before sending: if a deadline is close, the demand period must not be allowed to consume it, because only issuing proceedings stops the clock.
The Statutory Limits
Section 11 of the Consumer Credit Act 1995 makes it an offence to make a demand for payment by means calculated to cause alarm, distress or humiliation; falsely to represent that legal proceedings have been or will be issued; or falsely to imply official sanction or authority. In practice that rules out: threatening proceedings you do not intend to bring; implying criminal consequences for a civil debt; documents styled to resemble court papers; repeated contact designed to wear someone down; approaching an employer, neighbour or family member about the debt; and language intended to shame. It is worth knowing because a good deal of template material circulating online would sit uncomfortably with it — using a template found on the internet is how creditors create a problem the debt itself did not have. There is also a purely tactical reason for accuracy: if proceedings follow, that letter is read by a court, and an intemperate or inaccurate demand shapes the view formed of the party who sent it. Accuracy here is self-interest, not manners. The full page is here.
Send your own reminders first. Most debts are paid on ordinary internal follow-up and there is no reason to incur legal cost on those. A solicitor’s letter earns its place when internal chasing has stopped working, when the sum is significant, when the debtor is a company, or when there is a limitation issue.
Internal chasing stopped working? 01 5827148.
Richard O’Shea — Solicitor
Solicitor at Mary Molloy Solicitors, established 1981, with offices at The Ormond Building on Ormond Quay — a short walk from the Four Courts. The firm advises creditors on recovery and enforcement, and, in separate matters, advises debtors who have received demands or proceedings. It is a law firm and not a debt collection agency: fees are agreed in writing at the outset and are never calculated as a percentage or proportion of what is recovered. 01 5827148 · richardoshea@marymolloysolicitors.com · LinkedIn
General information, not legal advice. This website contains general information about Irish law on debt recovery and enforcement. It is not legal advice and does not create a solicitor—client relationship. Every debt turns on its own facts — the documents, the dates, the parties and the debtor’s circumstances — and advice on yours requires a consultation. Statutory thresholds and figures referred to on this site are subject to change and should be confirmed before any step is taken.
A law firm, not a debt collection agency. Mary Molloy Solicitors provides legal advice and representation. It does not operate as a debt collection agency and does not conduct collection campaigns. Fees are agreed in writing with the client at the outset and are never calculated as a percentage or proportion of any sum recovered. In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.
No outcome is promised. Nothing on this site states or implies that any debt will be recovered, that any asset will be found, that any enforcement step will succeed, or that any claim will succeed. Recovery depends substantially on the debtor’s means, which are frequently unknown at the outset.
How payment may be demanded is regulated. Section 11 of the Consumer Credit Act 1995 makes it an offence to make a demand for payment by means calculated to cause alarm, distress or humiliation, or falsely to represent that legal proceedings have been or will be issued. Nothing on this site should be read as encouraging any such conduct. Mortgage arrears on a principal private residence are dealt with under a separate regulatory framework and are outside the scope of this site.
If you are the person being pursued. Free, confidential and independent money advice is available in Ireland from MABS, the Money Advice and Budgeting Service, and through the Abhaile scheme for people in mortgage arrears. You do not have to engage a solicitor to get help, and taking advice early generally improves the options available. This firm advises debtors in matters separate from those in which it acts for a creditor, and never both sides of the same debt — conflicts are checked before any substantive discussion.
Tax. Nothing on this website is tax advice. Questions about VAT on recovered sums, bad debt relief or the treatment of write-offs belong with your accountant or tax adviser and with Revenue’s own guidance.