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AVC Debt Recovery Surrey and Dorset
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What advantages does a bespoke letter from AVC Debt Recovery have over other standard debt collection letters?

Collecting monies you are owed (debts) can prove to be a tricky task. Many people we speak to voice concerns about the difficulties of chasing a debt, without chasing away their clients. Debt collection practices have come under the spotlight in recent years, with many people expressing a negative opinion towards unorthodox debt recovery methods. A debt recovery letter from us allied to our proactive use of the telephone may be more beneficial to you than a standard from letter from a debt collection agency.
It is all about the detail of your business that we include that differentiates us.
An AVC Debt Recovery letter comes with a lot of benefits. One of the main ones is that we have asked you for the information that is required to ensure the specifics are in the letter and we can align it with the regulations and potential pitfalls when chasing a debt. We want you to retain the client, but we are tasked by you with being assertive to get your monies into your account.. The law on late payment is quite clear and there for a reason, so nobody should be frightened to set that out to a non paying client, with clear concise non emotive language. A letter from AVC Debt Recovery can be just as quick and cost effective as more traditional debt collection methods, but will additionally provide a more formal and sincere way of requesting payment before legal action is escalated.

We provide you more options
Once a Letter Before Action (LBA) has been sent by AVC Debt recovery it opens up the door to a number of future options. By authorising AVC Debt recovery to send the letter and align it with best practise telephone chasing you are letting the debtor know that you are serious about taking the matter further, should you be required to do so.

Many cases are settled promptly once the debtor realises you are serious by appointing AVC Debt Recovery. However, if an LBA is sent and do not receive a satisfactory response (payment or a payment plan) then the next stage in the legal process is to issue legal proceedings through the County Court. A County Court Judgment (CCJ) is a court order that confirms that the debtor has defaulted on payment. Once a CCJ has been obtained, it is then possible to 'enforce' that debt immediately by instructing a Bailiff or High Court Enforcement Officer.
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UK’s late payment culture shows signs of improvement

The time it takes to pay suppliers across the UK has improved by 14 per cent, with payments taking on average 42 days in 2018 compared to 49 days in 2016. The data compiled by Tungsten Network, a global e-invoicing provider, shows that the time from invoice submission on its network to payment has steadily improved since 2016, coinciding with the UK Government requiring larger businesses to start reporting their payment practices in April 2017.

Figures also show the UK is performing much better than the rest of the Europe with payments being made in 42 days on average versus 52 days on the continent but lags one day behind the US. In producing the data, Tungsten Network has analysed more than 19 million global transactions involving 100,000 businesses that have passed through its e-invoicing platform since 1st January 2016.
Of the transactions analysed, 19.4% of the 1.69m payments made to UK suppliers have been from FTSE 100 companies, which take on average 42 days to pay UK suppliers, the same as the current overall average for the UK.

For the full draft of this article please visitit www.avcdebtrecovery.com/business-debt-recovery-about-us/articles-postings-and-blogs-debt-recovery-debt-collection-contract-law-business-terms-conditions/ Prompt payment is crucial to all businesses large or small, so it’s encouraging to see from data that the UK payments culture has seen some improvement over the past two years. Nevertheless, instances such as the collapse of Carillion indicate that late payments to suppliers continue to be rife in certain sectors of the UK economy.
“The decision by the government to push for greater transparency of payment practices among larger businesses shows positive intent. It will be interesting to see whether the government’s proposal, encouraging large businesses to appoint a board member to be responsible for making sure invoices are paid on time, has any impact on the payments culture across the UK.

If you are owed money over terms or are worried that a late payer may become a bad debt visit our website www.avcdebtrecovery.com and see your options on getting your monies back

AVC Debt Recovery, Offices in Surrey & Dorset, www.avcdebtrecovery.com

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Four Good reasons to outsourcing debt recovery

Many businesses wonder why they should outsource their debts. Why should they pass or leave their debts to an external source instead of dealing with it themselves? Collecting debt and effective credit control sounds simple, but when looked at closely it really is not. There are a lot of reasons to why companies can’t deal with recovering debts and we are in place to offer you a solution.

We have reasons to believe that companies should outsource their debts to us. Here are 4 reasons. Our solutions offer businesses a logical way of dealing with debt recovery. Here is how

2. It Minimises costs
Every company has a budget but our budget is that we are so confident of our ability to collect debts that we offer no win no fee as standard. Also within our small team here we have people who know numbers and run businesses so we understand fixed and variable costs. We also say that recovering 80-85% of something is always better than 100% of nothing. We offer a free LBA and as part of our service we will offer advice to those who want to go it alone. Since started trading many clients have used our free LBA effectively

2. It Saves Time
All the best companies are created by those who can sell. Selling and creating is a skill. In the same way you would not ask Harry Kane to play in goal we ask why those who develop their companies by being sales and creative focused seek to do their debt recovery. We have the resources that enable you to do what you do best. At AVC Debt recovery we are able to communicate with debtors locally and internationally whilst using the correct procedures in recovering the debt owed. We work diligently in recovering your debts without any hassle for you.

3. Reduce your stress
Debt recovery is frustrating and stressful for businesses and interrupts a lot of plans in all types of businesses especially SMEs. We have worked with many businesses from different sectors which gives us the expertise in recovering debt for all our clients. We take the weight and pressure off to enable them to move forward and achieve their goals.

4; See the results

By outsourcing your debt to us, you will find that your business will become more proactive knowing that this important facet is taken care of. We offer fixed credit control packages or the best value debt recovery in the business. Try getting no win no fee in SEO or marketing. By choosing to be our client you will also find that you will have more time to dedicate to other aspects of your roles in your market and your productivity will flourish.

Colin A Ward

CW Contract Law and Legal AVC Debt Recovery
www.avcdebtrecovery.com ; www.cwcontractlawandlegal.co.uk
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UK Business Debt Rises by a Quarter

The total value of UK business judgments rose sharply - by 25% - during the first quarter of the year, according to figures released today by TrustOnline.
Over the same period, the number of online searches by people checking judgment status grew by 7%, compared to Q1 2017, to just under 75,000 searches.

TrustOnline is the only online source for UK judgment information about other people and businesses.

During Q1 2018, just over 33,000 business judgments were registered in the UK, 8% more than the total issued in Q1 2017. The average value of a business judgment also increased, rising by 16%.

As a result of these changes, the total value of UK business judgments in the county courts sharply rose by a quarter compared to the first quarter of 2017.

These statistics cover county court judgments registered in England and Wales; simple procedure, ordinary cause and small claims decrees registered in Scotland; and default and small claims decrees from Northern Ireland.

Malcolm Hurlston CBE for Trust Online said, “Judgments against businesses clearly show failure in financial management. This quarter's increase is a warning sign and it would be good to see an equivalent rise in searches.”

During Q1 2018, TrustOnline handled 74,649 online searches from the public for judgments in the UK; many more are expected in 2018 with more judgments to search and a mobile friendly version ready for launch. A search of all UK registers costs £10; a search within one of the following three jurisdictions: England and Wales; Scotland; or Northern Ireland, which is likely to be enough in many circumstances, costs £6.
Statistics
Judgments against businesses Q1 2018 (compared with Q1 2017)
• Total number: 33,010 (up 8%)
• Total value: £105.1m (up 25%)
• Average value: £3,183 (up 16%)

This article was originally published as aa BLOG by Yuill & Kyle, Glasgow. 05 June 2018 Written by macroberts

CW Contract Law and Legal AVC Debt Recovery
www.avcdebtrecovery.com ; www.cwcontractlawandlegal.co.uk
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Invoicing Get It Right and it Pays Dividends
As a business owner, invoicing may seem like a tedious, straight forward task that doesn’t require your full attention. But, it’s absolutely crucial if you want your business to maintain a positive cash flow.

To ensure that you get compensated for your goods or services on time, you need to prevent these mistakes. Here are some points to help you.
1. Forgetting to invoice.
Obvious? Sure. But invoicing can sometimes slip the minds of business because they’re so busy making the next sale or the next cost saving initiative. There are even some circumstances where a business owner doesn’t send out a bill.
Remember, it’s your responsibility to send out an invoice. Make invoicing a priority so that you don’t forget. A good salesperson always talks about invoicing at point of sale
2. Procrastinating.
The best time to send out an invoice is immediately following the completion of a project or a sale. Unless you have another financial arrangement with your clients or customers, you can’t afford to wait to send out an invoice.
Those who invoice the same day that the job is completed (as opposed to waiting two-plus weeks for your billing cycle) are almost 1.5 times more likely to get paid.
3. Not following up on unpaid invoices.
Even if you’ve made invoicing a priority and send them out immediately or frequently, there will be times when the client misses the due date because they misplaced the invoice, simply forgot about it, or are just not good payers.
Contact the client immediately to find out what’s going on and use invoicing software that send out automated reminders.
If the client is unresponsive, you may have to take steps like sending an LBA or appointing a debt recovery agency.

For the full text of this article and the other 19 points that will help your cash flow visit
http://www.cwcontractlawandlegal.co.uk/legal-services-for-business/blogs-articles-published/
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Claiming Monies You are Owed Via the County Court System
What scene comes to mind when you think about making a legal claim for monies owed to your business? If you’re imagining a scene out of the TV or films with people in wigs and sharp tongued barristers interrupting on points of law, and being able to turn cases in their client’s favour, or Deidre Rashid (Barlow) standing in the dock) in a creaking wooden box, then you’re perfectly normal.
However, you are completely wrong and this image of a court endures in the public consciousness precisely because of its intimidating nature and the power of TV and film to shape our consciousness. A court scenario is manna from heaven for film makers and novelists, such a John Grisham, who like to build tension. However, it means very little to real people seeking their monies as a debt in the modern world of commerce and business
In fact, many cases never see a Judge, let alone a stern faced Judge and never ever see Judge John Deed or Judge Rinder.

The Real World
We always say to everybody that court is the last resort because it is not an exact science, so once you’ve made all reasonable attempts to secure payment, it’s time for AVC Debt Recovery to get on the telephone and if we cannot secure the monies via an agreement then we send your ‘Letter Before Action’, or LBA to the person owing you money. The purpose of the LBA is two fold: one is to tell them you mean business, and two, to give the debtor official notice that legal proceedings will be enacted and .
In some cases the LBA acts to jolt the debtor into paying; therefore extinguishing the need for legal action. If this doesn’t happen, the following four stages will apply:

1: Gathering Information

Top of our list is getting all the information necessary to establish what the claim is and what the chances are of winning, and making sure that there is no flaws in the case for you. This includes, all emails, communications along with the debtors details Once we have that then we advise clients on putting together the Particulars of Claim. This is a brief summary of what is owed, why it is owed and details of any statutory fees, reasonable administration charges under the 2013 late Payment legislation, interest and court fees that are added to the debt.

2: Sending your Claim
Once this is done an N1 claim form will be filled in and will be sent online to the Money Claim Online and AVC Debt Recovery will ensure that the Acknowledgment of Service is filed.

Stage 3: Logging your claim
Claim data is then entered into the Court Service computer system. At this point the case is allocated a claim number, which is a unique reference that identifies the case. The N1 claim form is then stamped by the Court and sent direct to the debtor, who has limited time to respond.

4: Wait and see
If the debtor doesn’t respond to the N1 claim form within 14 days, then a request for Judgment can be made in the case. This is known as ‘Default Judgment’, and will be entered irrespective of the merits, or otherwise, of your case. At this point enforcement action to recover the debt may begin. If there is a response then the Court system is not the fastest so there is often a lull in the proceedings. However, once the claim number is lodged the case will be seen by a Judge and it will be heard. It could be that the Judge orders mediation.

What if the claim is defended by the debtor?
Of course, the debtor will have the opportunity to file a defence and defend your claim if they so wish. At this point many undisputed debts suddenly become disputed, but this should not worry anybody. The right to a hearing is enshrined in law so the chances are that the case could end up in front of a Judge. However, on average only 16% of cases are defended, with only 3% ever reaching trial. That gives you a very good chance of achieving success without even having to set foot in a court room.
In the unlikely event that your case does go to trial, you would be expected to attend either as a litigant in person (with representation) or sending a solicitor, but that is added cost.
Upon attendance you will find the court to be a very different place to the one you might have imagined. That’s because today’s courts are convened in modern office buildings and are presided over by Judges who try to speak in plain Englishand stop to explain as often as possible rather than talking the language of the legal world. Any Judge will listen carefully to both sides before making and explaining a judgment based on evidence and the law.
Of course, sometimes the law is an ass and you always stand the chance of losing, but if your case is sound and you are owed the monies then the final legal process is painless and AVC Debt Recovery make it easy for you.
As you can see, making a legal claim is not as set out on the TV and films and is actually quite a mundane process that is designed to enable us to you give you maximum return with minimum stress. This means you have every reason to feel comfortable and confident in using AVC Debt Recovery on a no win no fee basis to pursue the monies you are owed. All you pay are any court fees and disbursements you request.

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5 Points To Consider When Recovering Debt
Recovering debts is never easy. Even for big corporations with legal departments or access to legal firms. We are a legal services company who specialise in debt recovery with no win no fee being our standard offer. Here are 5 points you should consider when recovering your debt.

1. Information is Key
Keeping clear concise records on invoices and invoicing as well as information on the debtor and how much is owed is crucial to effective debt recovery. Good record keeping enables you to track how long payment hasn't been made and adjust interest attributed from late invoices. Having information on who makes payments also puts you in the best position in terms of reaching out to them and coming to an agreement before taking further action. Good information puts you in a strong position if the debtor decides to dispute your case. Some debts are not collectable because of the lack of information.

2. How will recovery services integrate with my company?
Align you credit control cash collection with the deliverables of your business. Make sure everybody from the salesperson to the customer service understands the phrase who will be paying us and when will we get paid.

3. Assess Your Options
When looking to recover a debt you need to access what the right steps are to recovering the debt efficiently. You may need to ask yourself: is the debt owed by an individual or a business? Are the debtors fully aware of your terms and conditions? Have you contacted the debtor to seek an arrangement to preserve the trading relationship?

• Are you intending to chase the debt first before engaging a debt recovery specialist?
• What is my time trade off to chase debts against selling and doing what I do best?
• Is the debt disputed?
• Is the debtor solvent?
These are one of many questions a good debt recovery agency asks.

4. Use The Law on Late Payment
The Late Payment of Commercial Debts (Interest) Act 1998 helps, but also makes sure you have a set of terms and conditions then enables you to charge interest and levy charges to recover debts.

5. Consider Outsourcing to Specialist debt collection firms
Outsourcing your debt recovery can help reduce your costs as you will stop spending money on overheads such as employing extra staff to chase payment. When you use a debt collection agency there is a higher success rate of recovering money. Customers are more likely to pay if they receive a letter and a call from someone they know means business.

When a payment becomes overdue, it's important that you act quickly to collect. The longer it takes for a debt to be recovered, the more difficult the process of recovering becomes. We always say: Don’t let a late payer become a bad debt.
AVC Debt Recovery
Office 1, 60 The Esplanade , Weymouth, Dorset, DT4 8DE
19 High Street, Great Bookham, Surrey KT23 4AA

website: www.avcdebtrecovery.com ; www.cwcontractlawandlegal.co.uk
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Why Terms and Conditions are Imperative

The revelation that 89% of councils are in breach of the Public Contracts Regulations 2015 has emerged from a freedom of information request submitted by the Electrical Contractors Association (ECA) and the Building Engineering Services Association (BESA).
This reinforces why every business should have a set of terms and conditions and simply send them as an attachment to your confirmation by email with the phrase; please find attached our terms and conditions. This applies to all services delivered , marketing digital marketing, and other service delivery, not just construction trades.
It is also revealed that 49% of local authorities do not have, or do not know whether they have, a built-in contractual requirement for 30-day payment. In fact, 18% of councils say they have no absolutely no intention of building in contractual requirements for 30 day payment.
This is despite the fact that the Public Contracts Regulations 2015 state that 30 day payment down the supply chain is mandatory, and that public bodies should take steps to ensure this takes place.
BESA public affairs manager Alexi Ozioro said: “There has been much talk of the payment culture change needed in the industry, and public bodies need to lead by example. The industrial strategy calls for a fairer payment system, the Chancellor has highlighted the need to tackle late payments and a Crown Commercial Services consultation even poses excluding bad payers from public contracts. We applaud the government for engaging with the poor payment debate, but it is about time action matched words.”
ECA deputy director Rob Driscoll added: “Non-compliance by the public sector with the Public Contracts Regulations is unacceptable. This is especially significant given the cautionary tale of the collapse of Carillion – one of the key strategic suppliers to government – which ultimately had a wider impact on SMEs. For the full article please visit our website: www.cwcontractlawandlegal.co.uk/legal-services-for-business/blogs-articles-published/ for all articles published.

This article was first published on 17 Jul 2018 in Construction News.

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If it is good enough to own the process that stops England losing on Penalties then ensure you own the process on Your Payment Terms

On Tuesday July 3 Gareth Southgate stated the England penalty takers had talked about owning the process of taking a penalties. It is the same with payment terms.

Imagine a salesperson has skillfully closed a high-value deal, only to forget to set out what the payment terms are and when you send the invoice expecting to get paid on 14 days the customer states their terms are 90 days and they produce the email that shows their terms and conditions were sent last.
Believe it or not, this can happen quite easily if sales people fail to state payment terms at the critical moment the deal is struck, enabling the other party to do so instead.

It’s all to do with the English law ‘last shot wins rule’, which says the party that had the last say in negotiations ultimately defines the terms.

As a result, if the deal does eventually result in a payment dispute, then a Court of Law will look at the law surrounding the establishment of the contract and rule accordingly.

This kind of payment dispute often leaves small businesses and credit controllers to pick up the pieces, creating cash flow headaches that can easily be avoided.

The simple answer is to always have a set of terms and conditions that clearly set out you payment terms and if you do not have a set then set your payment terms our in a confirmation email and make sure that any salesperson (including any business owner) clearly establishes the 3 payment rules at point of sale
1. Who is paying us (you would be surprised how many companies do not have the name of the accounts payable person)
2. The payment terms for the sale.
3. Agreement from the purchaser they agree with the payment terms.
Best practise is also to set out interest payments on late payment in your Ts & Cs as well. It is not binding to set them out on an invoice, although the law on Late Payments for B2B is quite clear. It is no good stating it on your invoice some time after the purchaser established their payment terms under English law.

Common sense in setting out payment terms at point of sale isn’t a big deal at all… A good salesperson will never be frightened to ask the 3 payment questions. If it causes offense do you really want to risk making the sale?
On the internet you get asked those 3 questions as a matter of course on every transaction as well as having to accept Tso & Ccs at point of sale.

Nobody who is reasonable will think you are being unreasonable – it’s just common sense good practice.
CW Contract Law and Legal: AVC Debt Recovery www.cwcontractlawandlegal.co.uk

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Debt Recovery Do’s and Don’ts
Unpaid monies are unfortunately an everyday occurrence for many business owners and finance teams. The money collection process and debt recovery can be frustrating, time consuming and can seriously affect cash flow but no business can afford to ignore cash collection and unpaid monies that become debt recovery.
"SMEs are racking up a collective £10.8 billion a year in their attempts to recover overdue payments – that's an average of almost £11,500 each, or £955 a month. A huge 80% of all companies which experience late payments say they are being kept waiting one month or longer beyond their agreed terms before receiving payment." (source: Bacs).
However, there are some simple steps you can take.

Be Methodical
Set up simple processes that tie in with your working practices to send polite reminders. Set out your agreed payment terms on your invoice and remind customer of these. His will hopefully keep your invoice first in line to be paid. As soon as a payment is late, chase your debt in a polite manner. Follow up regularly with your debtors to encourage prompt payment and to ensure you or your team are speaking with the correct people.

Don't threaten to send around the “Boys”
It is infuriating it is when a company or person owes your business money especially of you have delivered OTIF. We strongly advise never to get aggressive. The most aggressive we advise is to send a picture of an exasperated emoticon.

Keep a Collections Record
Time is money for any small business - and time spent trawling through email and paper invoices could be spent elsewhere in a business, so it pays to keep simple records of your dealings with debtors, especially when telephone chasing as this leaves them with little room to manoeuvre if they become late payers in the future…
For the full article please visit : www.avcdebtrecovery.com ; www.cwcontractlawandlegal.co.uk
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