Credit control

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Credit control can mean the difference between a business succeeding and failing.  Credit control does not just mean debt collection, although that is an important area. It also means good cash management, so that suppliers are not paid before the due date, and so that surplus funds are properly utilised.

 

We can advise on systems to manage credit control, and cash management. There should be good, robust systems in place to assess the creditworthiness of customers, even long standing customers, because creditworthiness can change. There should be accurate and up to date monitoring of debts due to the business, and systematic systems of follow up by means of statements, telephone calls and personal visits. There should be defined and well thought out procedure for passing accounts to solicitors or debt collectors, and systems of placing overdue customers on ‘stop’.

 

There should be clear policies over the payments to suppliers and how cash surpluses should be managed.

 

These are all issues where Peter Brown & Co can help. We can devise appropriate systems, and help monitor them. We can even offer cheaper alternatives to debt collection via solicitors in some cases, through the process of ‘statutory demands for payment’.

 

There is also guidance on credit control available from the Better Payment Practice Group (BPPG), a division of the Department of Trade and Industry – for details click here

 

In the links after this section the main features of the routines that are necessary to keep cash flowing are explained in more detail.

 

The main areas are :

 

§        Vetting a new customer and establish the risk

 

o        Obtain a banker’s reference

o        Obtain a trade reference

o        Check the data filed at Companies House and in other databases

o        Check the Register of County Court Judgements

 

·        Creating contractual documents and terms of trade

 

o        Give the new customer your terms of trade before you accept the order

o        Agree contractual terms

o        Agree the payment terms

o        Agree whether interest is payable, and remind the customer of your statutory right to interest

o        Ensure that any retention of title clause is enforceable

o        Inform the customer of how queries and complaints will be dealt with, and discover what the customer’s procedures are for payment to be made

 

·        Establish a robust and systematic method of credit control and debt collection

 

o        Issue precise and correct invoices  at the earliest opportunity after the transaction, and ensure they are sent to the right department

o        Issue statements on a regular and routine basis and ensure they are sent to the right department

o        Have a routine system to remind the customer about your rights to interest

o        Follow up statements with email, faxes and telephone calls on a regular and systematic basis

o        Visit the customer’s premises on a regular basis, ostensibly for reasons of PR

 

·        Establish continuous systems of credit routines and of good administration

 

o        Make regular credit checks on established customers

o        Ensure all paperwork is accurate and complete

o        Ensure staff are properly trained to take proper steps and have the authority to do so.

 

·        Use all the methods of debt collection that are available

 

o        Understand the implications of referring a debt to a solicitor

o        Understand how to use the statutory demand process

o        Understand how to use the county court collection process

o        Understand how to use the powers to obtain information relating to a judgement debtor through the courts

o        Understand how to use court orders such as attachment of earnings orders, charging orders on property and orders on bank accounts

o        Be prepared to agree a reasonable progamme of debt reduction

o        Understanding how to deal with insolvent customers

 

·         Managing the cash that you have managed to collect

 

o        Managing cash payments to suppliers

o        Managing your bank balance

o        Understanding your accounting ratios

o        Ensuring cash management data is passed to the appropriate managers

 

 

The sections below contain links to some of the specific services that Peter Brown & Co is able to offer .

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Managing money owed to you

 

 

Vetting a new customer

 

Solicitors and debt collectors

Establishing the contractual terms

 

Statutory demands – a cheaper alternative

Continuous monitoring of existing customers

 

Establishing a credit control system

When all goes wrong – insolvent debtors

 

Chasing up overdue debtors

The Better Payment Practice Group (BPPG)

 

Your rights under Late Payment Legislation

 

 

 

Managing the money you have collected

 

 

Reporting statistics and data to managers

 

The management of bank balances

The management of suppliers’ payments

 

The use of accounting ratios  -analysing a customer’s accounts

 

 

 

 

 

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Vetting a new customer and establishing the risks

 To contact us and ask for our services click here

 

 

When you take on a new customer, it is very easy to become excited by the new business, and overlook the basics. Even if the customer is a household name or is known to you personally, there is no excuse for not undertaking systematic checks that should be made for every new customer.

 

It is a matter for you to decide if there is a cutoff point below which you can take the risk of not undertaking credit checks. It might not be worth undertaking credit checks for customers who are only going to owe £50. You might feel that a more rigourous enquiry should be undertaken for a customer who will owe you £1,000, and a full detailed investigation might be merited for a customer who will owe you £100,000. Once you have established a policy about the degree of enquiry appropriate to the size of the credit you will be allowing, there should be no exceptions. The policy should relate the degree of risk to your business o the degree of enquiry undertaken. You cannot afford the risk of not being paid. Late payment or none payment is the single biggest cause of business failures.

 

You need to establish policies on the degree of risk you are prepared to take, and who in your organisation can be authorised to accept particular levels of new business. Clearly, a junior clerk can be authorised to grant £20 credit. The managing director might be involved if the figure is £100,000. Business is about taking risks, and when you have all the information about a new customer it is possible to take an informed decision as to whether you want to take the risk of doing business with the new customer.

 

The steps to be taken include :-

 

·        Obtain the full name and address of your customer. This may seem obvious, but many companies have associated companies with similar names. You need to be clear as to the precise legal entity with whom you are doing business. A letter from them confirming the contract details will help, as this should be on the legal letterheading.  If there is a subsequent dispute, you need to be able to show a court who it was with whom you did business.

 

·        Obtain a banker’s reference – Many people will say these are not worth the paper they are written on, but they can often give useful information if you read between the lines. It is often worth discussing   a banker’s reference you have received with your own bank to help you to decode the language used.

 

·        Obtain a trade reference – This can be very useful, but remember that it is possible to keep one or two trade creditors ‘sweet’ while causing payment problems with all the others. If possible, you should choose the name of the trade creditor, if you know the businesses with whom your customer deals. If possible, obtain several references.

 

·        Make enquiries in the trade – It may be that the customer has come to you because he has already deceived other businesses. Make enquiries with your contacts and colleagues in the trade and see what is known about the customer.

 

·        Check the data filed at Companies House and in other databases –

 

 

Details about companies can be checked on line at Companies House http://www.companieshouse.gov.uk/.

 

Credit reports and searches of the Register of County Court Judgements can be done online through companies :-

 

    Dun and Bradsteet  www.dnb.com

    Experian                www.experian.co

    Equifax                  http://www.equifax.com/

 

Most local newspapers now have online facilities for you to search an index of articles. It might be possible to find news stories about your new customer that might shed light on their activities.

 

If your customer is a member of a trade organisation, then a search of their website might be informative. Your own trade organisations may also be able to help

 

The Federation of Small Businesses maintain a league table of late payers. It is worth checking that at http://www.fsb.org/

 

Another source of information, although it might seem obvious, is to check your own historical records. It might be that six years previously you yourself have done business with this customer or somebody with whom he is connected, say a company with common directors, but have forgotten that you were left with a bad debt.

 

Vetting of potential customers is all about taking considered risks. Much of the checking can be done in house, but for bigger or more complex contracts, outside expertise can be sought. This is an area upon which Peter Brown & Co can assist. The firm can also help you develop your own internal vetting systems for new customers, to ensure that the risk of your taking on bad business is minimised.

 

 

 

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The use of accounting ratios – analysing a customer’s accounts

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When taking on a new customer, in addition to taking up refernces, a good idea to protect against the risk of a bad debt is to analyse the accounts of the prospective customer filed with Companies House (if the customer is a registered company)

 

We can help you with this analysis to help you decide whether the customer will be a good or a bad risk.

 

Once you have taken the custoner on, then the custoner’s accounts can be reviwed on an annual basi so long as they remain a customer.

 

 

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Chasing up overdue debts

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You should review your debtor’s ledger on a routine basis and establish a formal system for issuing statements and reminders, and chasing up with telephone calls.

 

When you have a bad payer, we can help by communicating with the debtor on your behalf.

 

We can also help you establish the system you use to chase up debts.

 

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 Continuous monitoring of existing customers

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It is not good enough just to take up credit checks on a new customer. An existing customer should be monitored on a regular basis, because the financial position of a customer can change with time.

 

We can help you set up systems to monitor your key customers.

 

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Reporting statistics and data to managers

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The accounts department does not exist in a vacuum, but unless sales managers and other staff are made aware that a customer is a bad payer, then they may continue to take sales even when old ones have not been paid for.

 

We can help you set up reporting systems so that this does not cause problems

 

 

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Solicitors and debt collectors

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Solicitors and debt collectors should be used as a last resort, and we can introduce you to the appropriate professional.

 

However, it is now possible to sue for a debt on line at very low cost, and for many cases, particularly the most straightforward, you could use the on line systems. We can advise you about when this system can bge used and when it would be more appriopriate to use a solicitor

 

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Statutory demands – a cheaper alternative to debt collection through solicitors.

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If a debt is not disptued in any way, and the amount exceeds £750, then a stsatutory demand can be issued. This must be carefully done, to get the paperwork right, but if a debtor does not repsond to a statutory demand within 21 days, then you are entitled to issue a winding up petition or a bankruptcy petition. That tends to concentrate the minds of slow payers, but should not be used if you ever want to do business with the debtor in future, as he may lose his gtoodwill towards you!

 

Statutory demands are a process allowed for under the Insolvency Act. They may be issued against individuals or against companies, with slight differences in procedures for the two types of entities. Statutory demands can only be used if the debt is undisputed. If there is a bona fide dispute, then the normal methods of debt collection should be used.

 

In essence, if a form demanding payment is left at the residential or trading address of an individual or at the registered office of a limited company, the debtor has 21 days in which either to pay the debt or to come to a binding agreement with the creditor on how the liability should be met.  Any binding arrangement must be to the satisfaction of the creditor. The debtor may apply to the Court within 18 days to have the demand set aside on technical grounds or on the basis that there is no undisputed debt in excess of £750.

 

If application to the Court to have the statutory demand set aside is not made within 18 days, or if the debt is unpaid within 21 days, then the creditor has the right to present a bankruptcy petition to the court and to apply for a bankruptcy order in the case of individuals or a winding up order in the case of companies. Usually the individual or company will have no defence to those proceedings, and it will result in the automatic bankruptcy or liquidation.

 

Issuing a statutory demand must be done carefully and precisely to meet the legal requirements, but it is a very low cost method of ensuring a debt is paid.

 

Peter Brown & Co offer a service that enables a statutory demand to be issued from as little as £30 , with any further work after the issuing of the demand being charged for on a time basis. Very often there is little further work to be done after the demand is issues, as most debtors pay up immediately upon receipt of a demand.

 

Anybody receiving a statutory demand should always seek immediate professional advice, and Peter Brown & Co would be able to advise.

 

 

For fuller details see our insolvency page

 

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Establishing contractual terms and agreeing terms of trade.

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If you ever have to sue a debtor, it is absolutely vital that the debtor cannot wriggle out of the debt on the basis that you have not fulfilled the contract.

 

Carefully drawn up terms and conditions of business are not only wise, but in many situations (eg selling on the intenet) are a legal requirement.

 

Terms and conditions should NOT be drawn up without proper legal advice, AND they are essential to a successful business.

 

It is also essential that the terms of business have been agreed to BEFORE the sale. Putting them on an invoice which is delivered after the goods themselves is not sufficient. The terms should be expressly stated when the initial order is placed.

 

 

 

 

 

 

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Establishing a robust credit control and debt collection system.

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A comprehensive credit control and debt collection system is vital to the well being of most businesses.

 

We can help you design and implement a system appropriate to your business.

 

 

 

 

 

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The management of suppliers’ payments

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A comprehensive system of approving supplier’s invoices and making payments is vital to the well being of most businesses. Not only does it help control costs, but it helps with cash flow management.

 

We can help you design and implement a system appropriate to your business.

 

 

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The management of bank balances

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This is linked to both credit control and the management of supplier’s payments.

 

If we help you with those systems we will also advise you on bank management systems

 

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The Better Payment Practice Group (BPPG) – a division of the DTI

 

Your rights under the  Late Payment Legislation

 

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The Better Payment Practice Group (BPPG) has been established by the Department for Trade and Industry to provide authoritative advice on how to establish and maintain a robust credit management policy , and offers letter templates to help with debt collection, ideas on how to counter common excuses for not being paid on time, and an online facility to have your credit queries answered by the BPPG’s credit management experts.

 

The BPPG also endeavour to keep the public up to date with developments on the late payments legislation which entitles businesses to recover interest on unpaid debts.

 

Copies of their ‘Better Payment Practice late payment Guide’ and ‘ A user’s Guide to the Late Payment Act’ can be downloaded from www.payontime.co.uk or ordered on the DTI Order Line  0870 150 2500.

 

The Late Payment Act  entitles creditors to claim :-

 

·        A statutory right to interest at 2% (8% before 01/01/09) over the Bank of England Base rate on overdue payments from all businesses and public organisations

 

·        The right to reasonable compensation for debt recovery costs incurred as a result of late payment

 

·        The right for small businesses to challenge the imposition of grossly unfair terms and conditions where these undermine the terms of the legislation.

 

Similar rights are available in all member states of the European Union to assist those businesses involved in cross border trade.

 

 

 

 

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Peter Brown & Co is a trading name of Undershot Ltd, registered in England , no 4114468. Director :-  P.Brown FCCA, FCIE,DchA,BSc.The registered office is Acomb Grange, Grange Lane, York, YO23 3QZ.

 

Last modified 07/02/09