Debt Collection

Debt collection is the process of recovering overdue payments on behalf of a business or creditor. At Wilmott Risk and Investigations Group, we offer ethical, compliant, and professional debt recovery solutions tailored to your needs.

Chasing unpaid debts can be time-consuming, stressful, and disruptive to your business. By engaging us, you benefit from:

• Expertise – We use proven strategies to maximise recovery.
• Legal Compliance – We follow all ACCC, ASIC, and Privacy Act requirements.
• Improved Cash Flow – We help recover outstanding payments efficiently.

We can assist with debts of all sizes, but we’ll discuss cost-effectiveness with you first. In some cases, legal action may be necessary for high-value debts.

Under the Limitations of Actions Act 1958 (VIC), creditors generally have six years from:

• The due date of the payment
• The date of the last payment
• The date the debtor acknowledges the debt in writing

After this period, the debt becomes statute-barred, meaning legal action cannot be taken, but voluntary payments can still be requested.

Yes. While we can request payment, a debtor has the legal right to refuse payment of a statute-barred debt. If a debtor acknowledges the debt in writing or makes a partial payment, the time limit resets.

Yes, we recover debts from both individuals and businesses, ensuring all collection practices comply with Australian laws.

Not with Wilmott Risk and Investigations Group. We use a professional, ethical, and compliant approach to recover debts while protecting your business relationships.

 We tailor our approach based on the situation and may use:

• Formal demand letters and phone contact
• Skip tracing and investigations (to locate debtors)
• Field visits (if necessary and appropriate)
• Negotiation and payment plans
• Legal referrals (if required)

Yes. We understand that some debtors face financial hardship. We can facilitate negotiated repayment arrangements to help recover debts while considering the debtor’s circumstances.

 Absolutely. We strictly follow the:

• Debt Collection Guideline for Collectors & Creditors (ACCC & ASIC)
• Privacy Act 1988
• Australian Consumer Law (ACL)

Unfortunately, no debt collection agency can guarantee the recovery of your debt. There are several factors that may hinder or prevent successful collection, including:

• The debtor company enters liquidation or a sole trader declares bankruptcy.
• The debt is disputed, leading to a mutual settlement or no further action.
• The debtor refuses to pay, and the amount owed is too small to justify the cost of legal action.

However, at Wilmott Risk and Investigations Group, we apply proven strategies, industry expertise, and ethical collection methods to maximise the chances of recovery. As a results-driven agency, we work diligently to recover outstanding debts while maintaining compliance with ACCC & ASIC guidelines and protecting your business reputation.

Terms and conditions on an invoice may not be enforceable if they were not agreed to before the transaction. 

To ensure enforceability:

• Have customers sign a contract, credit application, or quote that includes your T&Cs.
• A consistent course of dealing may imply acceptance, but this is risky.
• Clearly display T&Cs in a visible area, but this alone is not enough.

For best practice, always obtain written agreement before providing goods or services.

• Fully compliant with ACCC & ASIC guidelines, the National Credit Code, and Privacy Act 1988.
• CRAG-MAP certified, ensuring expertise in ethical and legal debt recovery.
• Members of the Institute of Mercantile Agents Limited (IMAL), reflecting our commitment to industry standards.
• Tailored, professional, and results-driven debt collection strategies.