Standard Instalment Terms

Standard Instalment Terms

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Standard Instalment Terms

These terms and conditions are incorporated and form part of the offer that you are making to pay the Debt to the Creditor. They will apply if the Creditor accepts your offer.
1. Interest

You must pay interest on the unpaid balance of the Debt at the rate of 6% per annum.

2. Costs
You must pay the Creditor the costs of negotiating and monitoring this instalment arrangement in the amount of $220 (including GST) and any variation costs, which amounts will be paid in priority of the Debt from your repayments. If you request (and the Creditor agrees) to any variation to this arrangement, a fee of $110 (including GST) may apply.
3. Time is of the essence

If you do not make a payment when due, the Creditor may, without notice, commence or continue court proceedings against you to recover the total unpaid amount of the Debt, recoverable costs and interest.

4. How to make the instalments
You must pay all instalments by electronic funds transfer or by direct deposit into the following account:
Account name:Birman & Ride Trust Account
Bank:ANZ Banking Group
Account Number:319867327
5. Court proceedings

If the Creditor has already commenced proceedings against you: 

a) for so long as you comply with the instalment plan, the Creditor will not take further steps in those proceedings; and

b) you agree to consent to any order to prevent the matter from being entered on the inactive cases list or from being automatically dismissed, where such a situation develops because of this Instalment plan.

6. If you do not pay an instalment on time
7. Creditor’s right to terminate
The Creditor may terminate this agreement at any time if it reasonably believes that there has been a change in your financial circumstances or if you are selling or realising your assets.
8. Agreement not a release

For the avoidance of doubt, this is an offer by the Creditor to refrain from commencing or, if proceedings have already been commenced, continuing those proceedings against you for so long as this agreement is in effect and you comply strictly with its terms. It does not operate as a release, and the Creditor reserves its rights against any other person not party to the agreement, including any other debtors.

Our plain-English guide explains the debt collection process for trade and commercial debts under $75,000 in Western Australia.