Protect Yourself
from bad debts
With some simple know how and amendments to your
terms and conditions, you can minimise the cost of
having to recover overdue debts.
1. Credit
Check.
Credit checking your prospective new customers is
vital. This will show up any past debt problems they
have had including County Court Judgements. We offer
a very cost effective and comprehensive credit
search for our clients. CLICK HERE for more
information
2.
Debt Recovery Fee
reimbursement
Make a provision in
your terms and conditions that "all debt collection
fees incurred in recovering overdue accounts will be
added to the overdue invoice amount" This means are
fees may be recoverable and effectively means free
debt collection for you the creditor.
3. Interest
Add a
provision to charge Interest on all overdue amounts.
Keep the figure reasonable as excessive charges can
be challenged. You can automatically charge interest
under The Late Payment of Commercial Debts
(Interest) Act at the rate of 8% above base rate,
and against personal debts at 8% flat under The
County Courts Act.
4.
Retention of Title Goods (not Services)
If your goods are
easily identifiable as supplied by you, you should
have a condition of sale which makes these goods
your property until paid for in full. You can then
recover them at any time, but especially when a
customer is in difficulty.
You should notify all your customers of the new
clause and make sure it is simple but clear. An 'All
Sums Due' clause allows you to recover your goods
against any monies owed to you, not just the debt
for the goods recovered.
Please note "Retention of title" clauses are not
appropriate if your goods are to be processed or
incorporated into another product. They also need
very careful wording so they are appropriate to your
business. It is advisable to seek legal help in
drafting.
5. Contra
and Offset Against Payables
If you have debtors who are also suppliers, you
cannot just withhold payments to them because they
are overdue to you. The contracts are separate. Have
a simple written agreement with common
customers/suppliers that debts may be offset, and
any excess paid by the party concerned.
6. Credit
Insurance
Consider taking out credit insurance to cover you
bad debts.
7. Payment
direct to your Bank.
Offer or insist that payments are made directly to
you bank account. You may have to cover any fees on
behalf of your customer but it removes the excuse
"its in the post" and saves time.
8.
Personal Guarantee.
When dealing with limited (LTD) companies consider
asking the directors for a personal guarantee. This
is a bit cheeky really but many companies inset on
it. If the LTD company fails to pay its debts we can
pursue the directors personally, meaning a much
better chance of a successful recovery. |