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If customers ignore reminders, it could be because they are
waiting for a significant threat; using a third party can have a
stirring effect.
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. Send all undisputed
debts below a certain value to an agency after a certain time. This
releases your own resources to collect large, current amounts from
active accounts.
This Debt Collection
Agent Checklist sets out the key information
which the credit manager should have to hand when appointing a debt
collection agency
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. The Lord Chancellor's Department has
produced a leaflet 'Alternatives to Court'.
Solicitors: - They issue powerful letters in a short space of time,
charging a pre-agreed fee. Find a firm specialising in debt collection,
not just any solicitor.
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.
If the seller decides to begin legal proceedings it is advisable
that they provide the solicitor with all the necessary information
pertaining to the debt in a clear and succinct format from the outset.
The seller may use this Form
of instruction to solicitors for this purpose.
The Form of instruction to solicitors is designed to ensure that
the seller avoids the inaccuracies that can undermine a claim such
as:
- The need to ensure that the name under which the seller is
suing matches up exactly with the name of the company or trading
division with which the customer originally contracted.
- The need to identify the status of the debtor, i.e. whether
they are trading as a sole proprietor, as a firm or as a company.
This is vital to ensure that the proceedings are being taken against
the right party/individual.
- The need to give essential information about the debt itself,
such as the amount due, whether it has arisen as a result of goods
sold and delivered, services rendered or work done and materials
supplied. It is always useful for the solicitor to be given copies
of invoices and details of the dates, numbers and payments due
under each.
The Court Service provides free information sheets
and leaflets on the debt recovery procedures available through a
county court including 'A
guide for businesses to debt recovery through a county court'
in PDF Format.
There are also more details in the Further
Reading section of this
website.
NOTE: Legal procedures in Scotland and Northern Ireland are different
from those in England and Wales. Further information can be obtained
from the appropriate Sheriff Court in Scotland or county court in
Northern Ireland.
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