Cash Flow Management |
How to run your debt
collection department effectively |
Businesses can take steps to speed up
and improve the collection process. Consider discussing the following
guidelines with your client. |
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Get Close to the
Customer |
Apply the 80/20 ratio, i.e. it is important
to identify the few major customers who buy 80% of their sales - therefore
who pay the most. |
- The Few Major Accounts
Good credit agency reports can indicate the right level of credit.
Businesses can get to know customers' payments staff by visiting
them at intervals. Cultivate them to get priority treatment -
as they would buyers. Give them priority attention on queries
and service.
- The Mass of Non-major Accounts
Businesses must ensure they have the right individual's name for
letters and phone calls, perhaps from credit application forms
or routine correspondence.
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Make 'Credit Terms'
very clear |
Recommend the following tips to businesses |
- In a Sales Negotiation
It is professional, not anti-selling, to say 'our business allows
30 days to pay - does that give you any problems?'. Discuss it,
don't duck it.
- On an Order Acknowledgement
Stress payment terms, as a condition of sale supersedes any buyer's
terms. Send it to a named, responsible person.
- On an Account Application Form
Include a paragraph for the buyer to sign, agreeing to comply
with stated payment terms and conditions of sale.
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Terms of Trade |
Terms of Trade, also known as Conditions
of Sale or Terms and Conditions, are designed to protect the seller's
rights, to limit potential liabilities and provide some degree of
security for the recovery of the debt, following the supply of goods
or services.
Equally, the seller will have his/her own terms. What is essential
is that both contracting parties (i.e. buyer and seller) agree Terms
of Trade between them before, or at the time that a contract is
made. This will set the ground rules between the contracting parties.
It will mean that both parties know exactly what is expected of
them and may prevent unnecessary disputes.
A good time to agree Terms is when the seller has had their credit
facility letter formally accepted by the customer. |
Areas which should be mentioned in
a company's terms of trade include: |
1. Definitions (e.g. "buyer", "seller") |
11. Acceptance of goods |
2. Quality |
12. Variations to contract |
3. Price |
13. Patent rights/indemnity |
4. Quotations |
14. Force majeure |
5. Delivery/date/arrangements |
15. Jurisdiction/applicable law |
6. Risk and property/retention of title |
16. Assignment and subletting of contract |
7. Terms of payment |
17. Right to progress and inspect goods |
8. Time limit for raising disputes |
18. Warranties and liability |
9. Right to interest |
19. Severability |
10. Loss or damage in transit |
20. Insolvency and bankruptcy |
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The preparation of contractual Terms of
Trade, in particular those which apply to specialised areas of trading,
requires a significant degree of legal expertise. Unless such expertise
is used there are real risks that a supplier and purchaser, when entering
into a contract for the supply of goods or services will innocently
fall into one of many pitfalls in this area.
While it may not be practical or cost-effective to take legal advice
before supplying each customer, it is advisable to take the advice
of a solicitor or in-house legal adviser when the terms of 'Standard
Conditions of Sale' are being drafted. |
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On Invoices and
Statements |
Show the payment terms boldly on the
front. On invoices, also show the due date; e.g. 'Payment Terms:
30 days from invoice date - payment required by 14th March 200X'.
On statements, repeat the terms and indicate debts past due dates. |
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Open New Accounts
Properly |
Businesses should treat this as the best
chance to get payments properly arranged. The customer should expect
to request time to pay and to be checked out. The business selling
should not deliver until it is happy to allow credit. Allocating the
Account Number should be the control point. |
Recommended actions |
- Credit Application Form: - obtain correct name, payment address,
person for payments, phone, fax numbers,e-mail details and acceptance
of terms. (See form below)
- Get credit references or not, according to policy. Decide maximum
credit amount.
- Allocate account number and set up correct account details.
- Send 'welcome letter' to make contact with payments person,
stating how and where payment should be made.
- Now the business is ready to sell to the customer on a credit
basis, use special ledger category for 3 months, with telephone
contact, to get the customer into good payment habits.
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Invoice effectively |
- An attention-grabbing invoice should be designed.
- It should be brief and clear. Get rid of 'clutter' such as
advertising and technical detail - the invoice is for accounts
staff to use.
- Invoice within 24 hours of a chargeable event.
- DO INCLUDE: payment terms and due date, date, delivery date
and method, description, price and total payable and especially
the customer order number or payment authorisation - essentials!
- Send the invoice to a named individual. Use FIRST CLASS post
to beat customer closing deadlines. Use a courier for very large
values.
- Customers cannot be expected to pay against incorrect invoices.
Invoices must be accurate.
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Achieve Adequate
Collection Coverage |
- As most businesses know, customers generally pay on time when
chased, or when presented with alternatives, which may include
court action.
- The sellers must find time to know which is which and deal
with them accordingly.
- Collection methods you might suggest include: VISIT - PHONE
- LETTER - FAX. A Stop-List can also be effective for products
in short supply.
- Suggest visiting the top few major accounts to resolve problems
and build relationships while collecting large cheques. Sales
staff can be allowed to do this as long as they act promptly.
- Suggest the business establishes telephone correspondence with
major accounts in advance of due dates to ensure payments are
in process, in time to solve problems before the deadline. It
may be worth them phoning all other accounts, working down the
list by size of debt, according to time available. LARGE DEBTS
SHOULD BE PURSUED BEFORE TELEPHONING SMALL DEBTS. Working in alphabetical
or account number order is dangerous
- Suggest written correspondence to any overdue accounts too small
to telephone. Two standard letters are enough after an Overdue
Message on the statement. A polite reminder letter should be enough
for customers who 'Pay when Chased'.
- For those who only 'Pay when Threatened', a second and Final
Demand is needed.
- The intervals between the letters depend on company cultures,
but 14 days is plenty.
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Set Targets and
Priorities |
- Policy: - the company boss should make it clear
to all relevant staff that THE COMPANY IS IN BUSINESS TO EARN
CASH FROM CUSTOMERS and that A SALE IS NOT COMPLETE UNTIL IT IS
PAID FOR. All staff have a part to play. For example, account
queries are not low-level clerical matters. They are complaints
from unhappy customers who feel let down. They justify non-payment
and should be resolved in 7 days as prime customer service priorities.
- Targets: - the rate of cash inflow should
be reliably in line with sales made. Work to a monthly Cash Target
to achieve a specific Days Sales Outstanding (DSO) ratio which
measures Total Debtors against Total Sales made. There should
be constant pressure to reduce DSO, which is the average time
customers take to pay. Secondary targets can be set to reduce
certain kinds of debt; e.g. overdue 60 days above £500.
- Resources: - CASH COLLECTION IS HIGHLY COMPETITIVE
- RESOURCES ARE NEEDED. A trained collector can only control about
600 accounts, making about 20 calls per day, amongst other work.
Inadequate staffing rebounds in interest expense while waiting
for slow payments plus some painful bad debts. It usually pays
to separate collection from ledger work - the skills and time
priorities are different.
- Timetable: - Every business should have a
timetable for following up accounts too small to telephone economically,
showing what to do and when, if the previous action has failed.
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Use Third Parties Sooner not Later |
Some customers ignore reminders and wait until they receive a significant
threat; using a third party can have a stirring effect. |
The following approaches can be recommended to businesses chasing
monies: |
- Collection Agents: - They work on a 'no collection
- no fee' basis and charge 5 - 15% of amounts collected, depending
on complexity and volume. Good ones collect over 80% in the first
month because of their third-party effect and full-time effort.
A business can send undisputed debts below a certain value to
an agency after a certain time. This releases its resources to
collect large, current amounts from active accounts.
- Non-Court Action: - Going to court is not
the only way of resolving a dispute. There are other options such
as negotiation, mediation, conciliation or arbitration.
- Solicitors specialising in debt collection:
- They issue powerful letters in a short space of time, charging
a pre-agreed fee.
- Statutory Demands: - can be sent by the seller,
collection agent or solicitors promising an application to court
for the formal Winding-Up of the business if payment is not made
within 21 days. Alternatively, the seller can obtain a court order
for the debt.
- Court Action: - Solicitors are essential for
High Court actions but not county court. Fees are higher in the
more effective High Court. Before suing, check that there is no
known dispute, no other useful steps are possible and the customer
has the means to settle.
The Court Service produces a series of information sheets and
leaflets on the debt recovery procedures available through a county
court.
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What if your clients will not pay? |
Despite best efforts by businesses
to implement credit management policies and efficient collection
methods, some customers just will not pay up.
Getting a county court judgment can be the easy part. For further
information go to www.courtservice.gov.uk , where in the Forms and
Leaflets section you will find a section on Small Businesses and
Commercial Debt, where useful leaflets can be downloaded.
Sadly, some businesses find that despite going to the expense
of winning a judgement, the debtor still refuses to acknowledge
calls or letters.
It is advisable to check the credit worthiness of the debtor,
since non-payment could be an indication of financial difficulty.
if the debtor cannot afford the payment there would appear to be
little point in incurring further costs chasing the debt.
The creditor could take enforcement proceedings, they offer no
guarantees however. |
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Ways to make
customers pay |
i). Oral
Examination
Oral Examination. This is an application to court (costing £40.00)
for the debtor to be summoned to court to be examined on oath as
to the financial means of the company.
The best person to make the application against would be the person
in the company having responsibility and knowledge of the finances.
Failure to attend the examination can lead to imprisonment for
contempt.
The difficulty for the creditor is in determining whether the
debtor is being truthful.
The information obtained can be used to determine the most suitable
method of enforcement or whether its even worth the"powder
and shot". |
ii). Statutory
Demand
A creditor could serve a Statutory Demand on the company. This is
a precursor to Winding Up proceedings (suitable if the debt is £750.00
or more). If the company is solvent, this is more likely to result
payment as it is unlikely that the company will wish to be wound
up is it is solvent.
Failure to comply with a Statutory Demand is an automatic ground
for winding up so if this does not bring about payment, it's likely
the company is insolvent in which case it's probably not worth wasting
the money and issuing winding up proceedings.
A statutory demand is free, save for the cost of preparation.
Most Solicitors will have a preprepared form which they will simply
fill in.
Technically, it should be served personally, not by post.
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iii). Bailiff
Action
If it is decided to enforce bailiff action, the creditor should consider
transferring the judgement up to the high court so that enforcement
is by a Sheriff Officer. They are generally more persistent and more
effective than bailiffs, though they can end up costing more if they
are unsuccessful.
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Late Payment
of Commercial Debts [Interest] Act 1998 |
In November 1998, the UK Government
introduced legislation to give businesses a statutory right to claim
interest from other businesses for the late payment of commercial
debt. The UK was one of the first countries in the EU to introduce
late payment legislation to help promote a culture of prompt payment.
Amended late payment legislation will come into force in the UK
on 7 August 2002 which will fulfill the UK’s obligations under
the EC Directive on late payment and bring additional benefits to
businesses. Your rights and how the changes to the late payment
legislation will affect them |
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For debts incurred before 7 August
2002 |
All small businesses, with 50 or fewer
employees, can use the rights given to them by the Late Payment of
Commercial Debts (Interest) Act 1998 to claim interest retrospectively.
The table below provides a brief summary of how the legislation works
on sales prior to 7 August 2002. |
The earliest date from which a commercial
contract can create a claim for interest under the late payment
legislation |
Who can use the legislation |
From 1 November 1998 |
Small businesses can claim statutory interest
for late payment from large businesses and most of the public
sector |
From 1 November 2000 |
In addition to the above, small businesses can
charge other small businesses statutory interest for late payment. |
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From 1 November 1998 Small businesses can claim statutory interest
for late payment from large businesses and most of the public sector.
From 1 November 2000 In addition to the above, small businesses can
charge other small businesses statutory interest for late payment.
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