“My small business is owed money by an individual in the UK. How does a small business recover debt from an individual or a sole trader?”
Are you a small business or a sole trader in the UK? Do you know how to collect a debt from a business in the UK? As a small business, you cannot afford to be owed money and litigation can be very expensive without a guarantee of success. Follow my easy process and save time and money!
1. Debt or overdue payment
Firstly, determine if it is a debt or merely an overdue payment. An overdue payment might only require a gentle nudge from you via phone, email, or letter requesting payment. Allow your customer a maximum of 7 days overdue.
When the invoice becomes seven days overdue, send a polite first reminder letter.
If the customer has a history with you, recognise any changes in their payment behaviour. Regular payment patterns may change, and if their payments become irregular and they are unresponsive, it is time to take the debt collection process seriously.
2. Your Formal Debt Collection Process
Once reminders and calls fail, it’s time to start your formal debt collection process. Each business has its own timeframe for allowing a customer to pay before starting this process. In general, I allow customers to be 14 days past terms before starting the formal process.
If you hope a customer with a four-year-old debt will pay without following a formal process, they won’t. A formal debt recovery process increases your chances of obtaining your money.
3. Research the Company
Begin by obtaining a credit report on the debtor to check their financial status and verify their address. This is crucial in case your debtor has moved premises. These checks also give you an indication of how successful you may be if you take legal action. Research the company on Companies House website
4. The Letter Before Action
Next, send a Letter Before Action (LBA), also known as a Letter Before Claim. A well-written LBA resolves 80% of cases, as the customer realises you mean business and may pay immediately.
If the debtor is a limited company, allow them fourteen days for full and final payment. For sole traders or consumers, follow the “Pre-Action Protocols” and allow 30 days for payment.
5.Don’t Forget to Add the Late Payment Fee
Add a legal Late Payment Fee as allowed under the Late Payment of Commercial Debts (Interest) Act 1998 if you haven’t already done so. The fee is £40, £70, or £100, depending on the debt amount.
Calculate your late payment fee
6. Fixed Payment Plan Alternative
Offering a fixed payment plan can be a great alternative to court action, particularly if your customer is experiencing temporary cash flow problems. A payment plan allows a business some breathing space and avoids the need for court action or a formal winding-up process.
Offer payment plans ranging from 5 to 52 weeks, depending on the debt amount and the debtor’s situation. Negotiate the best deal for both parties.
7. Setting the Plan
List each payment date and amount. For example, if a customer owes £1000, add the £70 Late Payment Fee, making the total owed £1070. Inform your customer that defaulting on this arrangement will lead to immediate court action.
8. Legal Action
If no payment is made or no payment plan agreed, the next step is legal action through the small claims court, initiated the day after the deadline given in your Letter Before Action.
Ensure you have the correct address before submitting court action. Enter both the trading and registered addresses.
Calculate your court fees for submission. Court fees are repayable by the debtor if you obtain a County Court Judgment (CCJ) or win the case. However, if the debtor is likely to go into administration or already has CCJs, your chances of success are slim, and you may have to bear the court fees.
9. Court Process
Once court action is initiated, expect a wait of 23 to 30 days, considering weekends. If the debtor does not respond to the county court claim, you can request judgment against the defendant.
After obtaining the judgment (CCJ), request a warrant using the county court bailiff or high court bailiff if the debt amount exceeds £600. High court bailiffs have more powers than county court bailiffs.
10. General: Common Reasons for Non-Payment
Other reasons why your customer has not paid, often only revealed once payment is overdue, include:
To save time, reduce stress, and improve your chances of being paid without going to court, consider contacting Trade & Legal
#smallbusiness, #debtcollecting
As of 1st October 2017 a new, Pre-action Protocols for debt claims became law in the UK. The new pre-action protocols apply to “any business (including sole traders and public bodies) claiming payment of a debt from an individual (including sole trader).”
This means that the process for making a claim for overdue debt has changed, and it may affect you! It is important to understand what to do if someone owes you money, so you have the best chance of recovering it.
1. Send a ‘Letter Before Action’ to the debtor.
Make sure the date is clearly stated at the top of the letter because the new protocol means that debtors now have 30 days from the date of the letter to respond before court proceedings can begin.
OR
If the statement of account is recent but not up to date, include details of any interest charges or admin fees incurred in the time between the statement of account and the present. Detail the charges incurred in the Letter of Claim if there is no statement of account available.
2. Communicate with the Debtor
The debtor must send a reply form detailing whether they dispute the claim, if they are seeking advice or if they are unable to pay.
They can request documents containing evidence of the debt owed from you. The debtor may provide documents of evidence to dispute the claim. e.g. receipt of payment made that the creditor did not list in the Letter of Claim.
You must allow “a reasonable period of time” for the debtor to seek advice. If doing this means going over the 30-day period, the debtor must detail why in their reply form.
This is simply an information exchange to clear up any discrepancies between both parties to enable you to understand each others’ position.
If there are any documents that are unavailable, the said party must detail why it is unavailable.
3. Mediation
The aim of the new pre-action protocols is to try and resolve disputes without the need for legal action. Therefore, hiring a civil or commercial mediator to resolve a dispute is highly beneficial. Mediators make it possible for people in dispute to progress without the need for court.
Taking legal action is time-consuming and costly and there is no guarantee you will win your case. So settling the dispute with a mediator beforehand is quicker and more cost-effective for you and the debtor.
4. Payment Plans
If the debtor is willing to communicate, payment plans are a reasonable way for you to get your money. Payment plans agreed in writing formalise how much the debtor must pay you over a certain amount of time, until the debt is paid in full.
The regular payments cover the debt owed, plus interest and late payment fees which are usually paid off monthly or weekly. The creditor must consider the debtor’s situation (e.g. income and expenditure) and agree a reasonable payment plan solution.
5. “Take Stock”
The protocol suggests for each party to assess their position to come to an agreement to avoid taking court action.
If you are happy that the protocol has been followed, court action can commence under the following circumstances;
– A reply form has not been sent back to you within 30 days.
– If the debtor has responded to your Letter of Claim but you are not in agreement. You must then give 14 days’ notice before proceeding with court action.
Chasing a payment from a client while maintaining a good relationship is a delicate balance, but it can be achieved with the right approach. Here are three effective procedures to recover debt from a client without losing their custom:
1. Friendly Reminders and Communication
Step-by-Step Process:
Email Example #1
Subject: Friendly Reminder: Invoice #12345 Due
Hi [Client’s Name],
I hope you’re well. I wanted to remind you that Invoice #12345 was due on [Due Date]. We would appreciate it if you could process the payment at your earliest convenience. Please let us know if you have any questions or need any assistance.
Thank you for your prompt attention to this matter.
Best regards, [Your Name]
Email Example #2
Subject: Second Reminder: Invoice #12345
Hi [Client’s Name],
We wanted to follow up on our previous email regarding Invoice #12345, which is now [X] days overdue. Please let us know if there are any issues that need to be resolved to facilitate the payment.
Your prompt payment would be greatly appreciated.
Best regards, [Your Name]
2. Offering Flexible Payment Options
Email Example #3
Subject: Payment Arrangement Options for Invoice #12345
Hi [Client’s Name],
We understand that sometimes unforeseen circumstances can affect your ability to make timely payments. If this is the case, we are happy to discuss flexible payment options for settling Invoice #12345.
Please let us know if you would like to set up a payment plan or discuss other arrangements that can help you manage this payment.
Thank you for your cooperation and understanding.
Best regards, [Your Name]
Email Example #4
Subject: Special Offer: Discount on Immediate Payment for Invoice #12345
Hi [Client’s Name],
As a valued client, we are pleased to offer a [X]% discount on Invoice #12345 if the payment is made by [New Date]. This is our way of thanking you for your prompt action.
We appreciate your business and hope this offer is helpful.
Best regards, [Your Name]
3. Formalizing the Process
Letter Example #5
[Your Company Letterhead]
[Date]
[Client’s Name] [Client’s Address]
Dear [Client’s Name],
RE: Outstanding Payment for Invoice #12345
Despite our previous reminders, we note that payment for the above invoice remains outstanding. We value our relationship with you and wish to resolve this matter amicably.
We request that the payment be made by [Final Date]. If you are unable to meet this deadline, please contact us immediately to discuss alternative arrangements. Failure to respond may result in further action, which we hope to avoid.
Thank you for your prompt attention to this matter.
Sincerely, [Your Name] [Your Position] [Your Contact Information]
4. Engaging a Mediator:
If the payment is still not made, consider engaging a mediator to resolve the issue without escalating to legal action. This shows a continued commitment to maintaining the relationship.
By following these steps, you can effectively chase a payment while showing understanding and maintaining professionalism, which helps preserve the client relationship.
#collectingdebt #debtors #smallbusiness #howto
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This website is operated by AnyExpat Ltd. Throughout the site, the terms “we”, “us” and “our” refer to AnyExpat Ltd. AnyExpat Ltd offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
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SECTION 1 – ONLINE STORE TERMS
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For more detail, please review our Returns Policy.
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The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
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These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Clyde Offices, 2nd Floor, 48 West George Street, Glasgow, BFP, G21BP, United Kingdom.
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You can review the most current version of the Terms of Service at any time at this page.
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Questions about the Terms of Service should be sent to us at [email protected].
