I received a letter of demand. What proof should I collect?

Preserve the demand and its delivery trail

Save the original email with headers, attached PDF, envelope, registered-mail slip, courier tracking or message export. Record the date and time of receipt and who accepted delivery. If the letter arrived through a portal, preserve the notification and download details. Do not rely only on a screenshot when the native email or file remains available.

Compare every page with the index and retain annexures, terms, account schedules and signature pages. A missing reverse side or attachment can contain a delivery clause, calculation or proposed acknowledgement. Keep earlier and later versions together so changes in amount or wording remain visible.

Prove the claimant and sender’s authority

Identify the original creditor and the entity now claiming payment. Collect notices of assignment, cession or transfer, account identifiers and correspondence explaining the relationship. If an agent acts for the claimant, request the basis of authority. A logo, attorney-style layout or collector’s signature does not by itself prove the debt.

Where a statutory debt collector is involved, keep the collector’s full name and registration information and distinguish that role from an attorney or the creditor acting directly. The Debt Collectors Act has a defined scope, so evidence of the sender’s status should be recorded rather than inferred.

Assemble the agreement and performance record

Find the signed agreement, accepted quote, purchase order, invoices, delivery notes, amendments, cancellation notices, guarantees and applicable terms. For services, retain work records, acceptance emails, complaint history and evidence of incomplete or defective performance. For goods, preserve delivery, return, warranty and credit-note documents.

If the claim may be regulated credit, include the credit agreement, pre-agreement statement, disclosure material and notices. The National Credit Act does not apply merely because payment was deferred or the letter cites it; the parties and transaction still require classification. Keep the evidence needed for that classification without writing the legal conclusion into the index.

Reconcile the amount line by line

Collect statements from account opening to the present where possible. Add bank proof, receipts, debit-order records, refunds, reversals, credits and settlement payments. Create a reconciliation that separates principal, contractual interest, statutory interest, collection costs, legal charges, administration fees and tax. Note each disputed entry and the source supporting the dispute.

Do not modify the creditor’s statement to reflect your preferred balance. Create a separate schedule showing the creditor figure, the recipient’s calculation and the reason for each difference. If interest depends on an agreement or another law, flag it for advice instead of applying a remembered rate.

Preserve communications and prescription facts

Export relevant emails, messages, letters and call notes in chronological order. Keep settlement proposals, extension requests, denials, admissions and complaints. A complete sequence can show what was accepted, disputed or left unanswered. Do not delete an embarrassing message or strip surrounding context from a useful one.

For an old claim, assemble the due-date history, earlier demands, payments, acknowledgements and court service documents. The Prescription Act analysis depends on those events and the debt type, not simply the age of the current letter. Describe each event neutrally and let the adviser assess its legal effect.

Treat electronic integrity as part of proof

Sections 11 to 15 of the Electronic Communications and Transactions Act support attention to the reliability, integrity and origin of data messages. Preserve original formats, file properties and transmission details where available. Record who exported an item, when it was copied and where the source remains. A printed email may be convenient for review, but it should point back to the electronic source.

Add court and enforcement records immediately

File any summons, application, judgment, warrant, garnishee-related document or sheriff’s return in a distinct urgent section. Court papers should never disappear behind general account correspondence. Record the service facts and obtain procedural advice from the actual form and current rules.

Use the debt letter-of-demand response checklist to organise the pack. The letter-of-demand glossary explains the document type, what to do when you receive a letter of demand covers broader response choices, and the debt-collection process guide helps classify later enforcement material.

Evidence index

• Original demand, annexures and delivery proof
• Claimant identity, account link, cession or authority records
• Agreement, amendments, invoices and performance documents
• Complete account statements and a separate reconciliation
• Payments, credits, reversals and settlement history
• Communications preserved with dates and surrounding context
• Old-debt chronology, acknowledgements and prior process
• Every served court or enforcement document
• Custody note showing where originals and electronic sources are stored

Important limitation

This evidence guide does not determine whether the South African claim is valid, prescribed or enforceable. Authenticity, relevance and legal effect remain matter-specific. Preserve source material lawfully, protect personal information and obtain advice before changing a record or allowing a court deadline to pass.

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