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Friend Personal Loan Not Repaid: Letter of Demand (Australia)

Lent a mate money and they have gone cold? A formal Letter of Demand is the step that distinguishes "social IOU" from "I will be at the tribunal".

letter of demand loan personal
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Lending money to a friend or family member rarely ends well when something goes wrong. They stop responding, the deadline passes, and you’re left feeling like an idiot for not putting it in writing. Here’s the unwelcome reality: you almost certainly do still have an enforceable claim, and a Letter of Demand is the right first step.

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The legal context

A loan does not need a written contract to be enforceable. Bank-transfer evidence, text messages saying “I’ll pay you back next month”, and witness testimony all support an oral or implied contract. The borrower may try to argue the money was a gift. If they say it was a gift, you have to show it was a loan: messages about paying it back, transfer descriptions, or any repayment.

Small-claims jurisdiction in every state covers personal loans up to amounts that comfortably cover most informal lending — generally up to $10,000 to $25,000 depending on state.

Realistic outcomes

The honest truth: many borrowers respond once a formal letter arrives because the social dynamic shifts — the lender is no longer “asking”, they are signalling tribunal action and a credit-file impact. Default judgments are real and follow people for years. Even if the borrower has no money today, a judgment is enforceable for 12 to 15 years.

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Ready to put it in writing?

Answer 3 quick questions to check you have the details your document needs, and see your next step.

1. Who owes you?

Give us a name — even a first name or business name is fine.

2. How much?

3. Do you have it in writing?

Your result is ready. Where should we send it?

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The document approach

The letter should set out the loan, the date, the amount, the agreed repayment (or, if none was agreed, “a reasonable time”), attach the bank-transfer evidence and any messages, and demand repayment within 14 days. It should warn of tribunal action and judgment.

Letter of Demand — $49You approve it before it is sent · Ready in about 5 min
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A formal demand with a clear deadline is the step a tribunal or court expects you to have taken first.
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What Claim Done delivers ($49)

For a flat fee, we draft a tribunal-grade Letter of Demand in your name, citing the implied contract, ready to send.

What to expect after

Send by email and registered post. If repayment doesn’t happen, lodge a small-claims application. Default judgments are common in personal-loan matters because borrowers often don’t appear — a default judgment is just as enforceable as a contested one.

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What happens when you send a Letter of Demand

Same problem. What a prepared case looks like.

Before — doing it yourself
You text them. They ignore you.
You email again. "Sorry, been busy."
Weeks pass. Nothing changes.
You start to feel like the annoying one.
→
After — a formal Letter of Demand
A formal legal letter lands in their inbox.
It cites the Act, the amount, and the interest.
It gives them a clear deadline to pay.
If they do not, you have the paper trail a tribunal or court will ask for.
Send mine — $49 →Drafted in about 5 minutes. You read and approve it before anything is sent.
Letter of Demand · $49 You approve it before it is sent
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Wait — they still owe you that money

The longer you wait, the harder it gets

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Debtors move, businesses close and evidence gets lost. The sooner your demand is on the record, the more options you keep. Limitation periods apply.
Give me about 5 minutes and $49. I'll draft a Letter of Demand that cites the right law, sets a deadline and makes it clear you are not going away. You read and approve it before anything is sent.
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Nothing is sent until you approve it. Read the full document, change the wording or ask for a redraft (2 edits included), then approve.
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