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How to chase late payments

Wednesday, November 23, 2011

Author - Robin Bowman, Senior Business Editor

Recent research into late debt payments to businesses reveals the UKs SMEs are having a tough time. 

The findings show that businesses are having to wait longer to get their money.  But the research, by Experian, also revealed that where your business is based makes a huge difference as to how fast you get your money. 

Businesses in the North West have to wait the longest for their money and have seen the biggest deterioration in the time it takes for their late paymentinvoices to be settled. The time grew by over two days to 36.72 days in July, August and September, compared with the previous quarter.  

The research also reveals the bigger the firm, the longer they have to wait for payment to be received. 

If you employ one to two staff, your average wait time is 20.56 days, compared to 34.8 days if your company employs over 500 people. 

Of course, late payments are not bad debts, but it follows that when one rises in tough times, then so does the other.  

With this in mind, what's the best way of going about chasing a late payer without making the situation worse? 

Here are some key tips: 

The first rule is to communicate effectively - and that means before there is even a problem. It's important to ensure that your customers understand your terms and conditions before they do business with you. It's a good idea to include them in writing with any quotes or estimates you provide. At the very least, they should be explained verbally.  In doing this, when the customer proceeds, they are effectively agreeing to these terms.  

If you don't state your payment terms, the law states the default period is 30 days from when the service is completed or the product delivered, or when your bill is delivered, whichever is later. 

If a customer has not paid by the deadline, then it's vital to contact them immediately. Let them know straight away that money is due and that they haven't paid according to your terms and conditions (which you made them aware of earlier).  

It isn't necessary to be overly formal at this stage, but it is important to be fairly insistent and clear that you are asking for money that is now not due, but overdue. 

This can be done in a letter, or often just as effectively at this stage, by phone call.  Keep a record of this communication - the date, what was said, who was spoken to and what undertaking, if any, was given. 

If you don't receive payment almost immediately, then it's time to up the pressure.  Give the debtor a maximum of seven days to pay and then get in touch again. A phone call is acceptable, but it is a good idea at this stage to also put the demand in writing, stating clearly that the debt is overdue, by how long and what communication there has already been.  

If there is an explanation for non-payment, you will have to make an assessment about whether it is reasonable. However, if an explanation is only forthcoming at this stage - rather than before the payment fell due - it is probably sensible to at least suspect you are being fobbed off. 

If the money is owed by another business, make sure you get a relevant person's name, so you can deal directly with them at all times. The more pressure this individual feels, the more likely they are to prioritise your demand.  

The late payment may simply be due to an administrative error and a missed payment cycle. Once again, you will have to make an assessment about any explanation. But it's vital now to get the debtor to agree on a date by which the money will be paid.  Again, keep a record of all these exchanges. 

If the deadline slips again, it's important to keep track of this and not to let up the pressure. It's all too easy to be sidetracked. 

Now is probably the time to take a more robust approach. 

If it's a business you're dealing with, then try and move up the chain of command and speak to someone senior to explain the situation. Often embarrassment will be enough. 

Whatever else you do now, do not accept excuses and non-specific promises.  

If you're dealing with an individual, you will probably now need to threaten county court action or debt collection. Stress that this is a last resort, you will take the action only reluctantly and that the easy way to avoid it is, even at this late stage, for the bill to be settled. 

You may want to make this threat through a solicitor depending on the size of the debt versus the cost of a solicitor's letter; but an official and legal-sounding communication can often jolt a debtor into action. 

Ensure all records of your communications are up to date and detailed. 

Usually, the threat of legal action will settle the matter, so long as the debt is clearcut. 

If the debtor is a business you could also threaten, perhaps through your solicitor, to make a statutory demand, promising to apply to court to formally wind up the debtor's business if the bill is not paid within 21 days. 

If the debt is disputed, it's important to show you have done your utmost to negotiate and reach an agreed conclusion.  And a cheaper option than going to court is to use an alternative dispute resolution service (ADR) - this can be mediation or an arbitration service. Not only is this cheaper than court action, it is less hostile.

Robin has been a journalist for more than 20 years, during which time he has held several senior media management positions in both Fleet Street and Hong Kong. Robin recently returned to the UK after being based in Italy for six years. He has a passion for business innovation.

The content of this article reflects the views of the author and may not necessarily reflect the views of Premierline Direct.

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