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Introduction
► Introduction
Many relationships have foundered on receipt of an arrears letter. However, it
is not wrong to let your customers know when payment is overdue. What you have to
evaluate is how you are going to inform that 'very good customer' that they have
arrears and still maintain that 'great relationship’. This article will outline
a number of options, for most situations. TGS & Partners specializes in retail
and loan recovery solution TGS covers all aspects of services :-
1.
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Debt Collection Method.
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2.
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Collection Methods.
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► Collection Methods
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Invoice Statement.
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2.
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Telephone.
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3.
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Letter - Automated or Selection.
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4.
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Letter Telephone.
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Personal visit to customer.
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6.
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In-House Litigation.
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7.
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Outside Agency - Debt Recovery Agent or Solicitor.
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The collection methods you use must be cost effective with an efficient system to
identify, action, monitor and follow-up debtors. However, some thought must be given
to the industry in which you operate and/or the client base you sell to.
► Information Gathering
All the information will be gathered and analyze once received from clients. All
the Credit reports and the financial reports are to be kept as Private Confidential
mode so that no one can access it. This is to maintain the security from being breached
through.
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► TGS Services
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Telecommunications Companies - Credit Card Organization.
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2.
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Financial Institutions/Bank.
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Leasing Finance - Hire Purchase Company.
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4.
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Contractors - Suppliers - Insurances.
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5.
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Property Consultants - Accountancy Firms.
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6.
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Stock Broking Firms - Hotel Caterers.
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Advertising Firms - Hardware Electrical Dealer.
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Freight Forwarders - Pharmaceutical Firms.
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Printing Well - known Publishers.
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10.
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Multi - National Corperations.
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► Credit Management
Debt Recovery Services - how does it work?
The payment date has come and gone. You've sent letters and made phone calls but
still no cheque has arrived. It's time to bring in the solicitors. Many companies
are worried about using legal or debt collection firms to chase up their unpaid
invoices. They are worried that it will end a commercial relationship. You need
to be realistic about this. If you aren't actually being paid it's got more to do
with exploitation than commercial benefit. In addition, if they haven't paid you
the chances are they owe other people money too While you let the debt drift further,
more active creditors will be getting priority treatment. And if the company is
in terminal trouble, the chances of the pot being emptied before you get your share
are high. It’s partly a question of cutting your losses. Customers who take umbrage
when you pursue legal methods of collecting debts aren't worth the time and effort
you'll constantly have to spend chasing the cash they owe you. Also, if you've given
the customer adequate warning via the letter cycle that the matter will be referred
to a solicitor or debt collection firm if it is not settled by a specific date,
then the customer cannot claim to be surprised if you do so.
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Debt Recovery Cycle
► Debt Recovery Cycle
1) Letter before action
The first step your solicitor or debt recovery firm will take is to write to the
debtor and tell him that unless the debt is paid within a stated number of days,
court proceedings will be initiated. According to legal firm LRC this simple letter
is usually effective in recovering about half of all the referred debts. This is
because unethical businesses know that firms have internal procedures to work through
before bringing in external legal support. They will use you as a cheap line of
credit until that happens.
2) Court proceedings
If payment is still not forthcoming, the next step is to start court proceedings
by issuing a claim form at court. You are liable for the costs of this but should
be able to recover them from the debtor, if he pays in full, provided you have given
him sufficient notice of your intention to take it to court. The letter before action
will cover this. Court proceedings are officially started when the court issues
the claim form and sends it by post to the debtor. From that point on the creditor
is referred to as the claimant and the debtor as the defendant. The court will also
send the defendant a form for acknowledging that he has received the claim and forms
for admitting or denying the claim. This is called the response pack. The claim
form must contain a statement of truth signed by either the claimant or his solicitor
stating that all the facts the claim contains are true.
3) Judgment
If the defendant fails to respond to the claim, then the claimant can obtain a judgment
against the debtor. This will take the form of a court order which requires the
defendant to make a payment. The claimant can also apply for a summary judgment
if the defendant has defended the claim but the defendant has no real prospect of
successfully defending it. For example, if the defendant argued that the invoice
had been paid but the claimant could prove that the cheque had been stopped, a summary
judgment would be issued. To apply for a summary judgment, the claimant's solicitor
completes an application form and provides written evidence to support it. A fee
must be paid when it is filed with the Court. The defendant will have an opportunity
to file his own evidence and a Court hearing will then take place before an official
who will decide whether or not to award the judgment. This process usually takes
between 8 and 12 weeks. The usual procedure for dealing with defended matters which
could take 6-12 months to conclude and can cost a lot more. When the claimant is
awarded judgment against the defendant, the court will normally order that the defendant
pays the debt, interests and costs including any court fees the claimant has paid.
4) County Court Judgment
If a judgment has been obtained in a County Court and the debtor does not meet the
requirements of the judgment within 30 days (i.e. pay up), the details of the judgment
remain on the Register of County Court Judgments. If a potential supplier requests
a credit reference on that debtor in the future, the CCJ will show up. The supplier
may therefore decide that the supplier is a bad credit risk and choose not to do
business with him.
5) Enforcement
Awards that are made by the courts are not enforced automatically. But there are
number of processes which are designed to secure payment. If you are lacking information
on the debtor, you can obtain a Court Order which requires the debtor to attend
court and answer questions about his liabilities, assets income and expenditure.
This is called an oral examination and enables the creditor to decide which of the
various methods of enforcement he will use. If you discover that your debtor has
assets then you can use a bailiff or sheriff to seize goods and sell them at auction
to pay the debt. A business' assets are goods used in that business. If your debtor
is person then he or she may have personal property such as a car. If the debtor
owns land or buildings then the court can impose a charge on the debtor's property
to secure payment of the due amount. If the debtor is an individual in permanent
employment, the court can order his employer to make periodic deductions from the
debtor's earnings and pay them into court so they are available to creditors. If
the debtor is owed money then a court order can be obtained which requires that
the person or company that owes money to the debtor to pay the money directly to
you. This will not only include trade debtors but also companies such as banks and
building societies who are holding money for him. Obtaining customers' bank details
when they first apply for credit, really pays off in this situation.
6) Reporting System
TGS & Partners maintain our client records by using the application named “collection
system”. Its application software that used to kept all the clients information
and also can generate monthly or daily reports as well, so that our staffs can easily
retrieve the client’s information and print out the required information if needed.
We used crystal report application to design our report format.
7) Skills
All of our staffs are trained in such a way to handle our clients in a more proper
and standards requirement such as professionalism. Collectors are to maintain highly
possibly communications between creditor and debtors wherever required. The motive
is to achieve the highest of possible returns with every cent that spent out.
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