Cease And Desist Collection Agency Template for Australia

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Key Requirements PROMPT example:

Cease And Desist Collection Agency

"I need a Cease and Desist Collection Agency letter to stop ABC Collections from repeatedly calling my elderly mother outside of business hours regarding a fully paid telecommunications debt; they've been calling up to 5 times daily since January 2025 despite being sent proof of payment."

Document background
The Cease And Desist Collection Agency letter is a crucial legal tool in the Australian debt collection landscape, designed to protect individuals and businesses from inappropriate or harassing collection practices. This document is typically used when a collection agency has engaged in conduct that may violate Australian Consumer Law, Privacy Act 1988, or state-based fair trading regulations. It may be triggered by excessive contact, harassment, misrepresentation of rights, or disputes about the underlying debt. The document must comply with Australian legal requirements and typically includes detailed documentation of the alleged violations, relevant account information, and specific demands for cessation of collection activities. It serves as a formal warning and can be used as evidence in subsequent legal proceedings if the collection agency fails to comply.
Suggested Sections

1. Sender Details: Full legal name, address, and any relevant reference numbers of the person/entity sending the letter

2. Recipient Details: Collection agency's legal name, address, and any relevant license or registration numbers

3. Date: Current date of the letter

4. Subject Line: Clear identification as a Cease and Desist Notice with any relevant account/debt reference numbers

5. Debt Details: Specific information about the alleged debt being disputed or collection activities being addressed

6. Statement of Facts: Chronological outline of relevant events, including dates of collection attempts and nature of communications

7. Legal Basis: Citation of relevant laws and regulations that support the cease and desist demand

8. Formal Demand: Clear statement demanding the immediate cessation of all collection activities

9. Consequences: Statement of intended legal action if the collection agency fails to comply

10. Response Timeline: Specific deadline for the collection agency to confirm compliance

11. Signature Block: Formal closing, including signature and sender's details

Optional Sections

1. Dispute of Debt Validity: Include when the underlying debt itself is being disputed as invalid or incorrect

2. Documentation of Harassment: Include when there have been specific instances of harassment or inappropriate collection practices to be documented

3. Medical/Hardship Declaration: Include when cease and desist is based on medical conditions or severe financial hardship

4. Previous Communication Reference: Include when there have been prior attempts to resolve the issue

5. Power of Attorney Statement: Include when letter is being sent by a legal representative or under power of attorney

6. Bankruptcy Notice: Include when the cease and desist is related to bankruptcy proceedings

Suggested Schedules

1. Communication Log: Detailed log of all collection attempts, including dates, times, and nature of communications

2. Evidence of Violations: Copies of any recordings, messages, or documentation showing inappropriate collection practices

3. Medical Documentation: If applicable, medical certificates or evidence supporting hardship claims

4. Proof of Identity: Copies of identification documents to verify the sender's identity

5. Debt Documentation: Copies of relevant debt statements, disputes, or proof of payment if applicable

6. Legal Authority Documentation: Power of attorney or legal representation documentation if applicable

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

Relevant Industries

Financial Services

Banking

Retail

Healthcare

Telecommunications

Utilities

Professional Services

Consumer Services

Legal Services

Insurance

Education

Relevant Teams

Legal

Compliance

Finance

Risk Management

Credit Control

Debt Recovery

Consumer Affairs

Operations

Administrative Support

Regulatory Affairs

Relevant Roles

Legal Counsel

Compliance Officer

Credit Manager

Financial Controller

Debt Recovery Specialist

Consumer Rights Advocate

Risk Manager

Collections Manager

Legal Administrator

Financial Advisor

Consumer Protection Officer

Privacy Officer

Industries
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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