Secret information from a debt collection company.

anglais, Unpaid debt, , , , , ,

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The secret information of a debt collection company is a first-rate tool for assessing and analysing the solvency of a company. The proof of this is the example of a large company with over € 20,000,000 turnover whose accounts are supervised and validated by an auditor, and which enjoys a good credit rating with the rating agencies. This company filed for bankruptcy overnight. How could the credit rating agencies validating the solvency of the company be so wrong? Why has the auditor not been alerted?

In reality, this company used a large number of foreign subcontractors and did not pay their invoices changing supplier on multiple occasions, as unpaid foreign suppliers were reluctant to act because of the relative modesty of their claims.

The unpaid invoice files against this company have accumulated with a debt collection company specializing in international debts. The latter immediately suspected serious difficulties when it became impossible to reach anyone in the accounting department. Small instalments were paid irregularly. A payment order for a small fee was contested by the company’s lawyer without any indication of any reason. You did not have to be a top-flight financial analyst to understand that this company was in fact terminating payments. Judicial action for a few thousand euros caused the filing for Bankruptcy.

Another example of a well-hidden secret is the following. The subsidiary of a large group contacts a debt collection company. She wishes to entrust him with the recovery of all his 6-digit client account. As this is a company specializing in B to B services, the customer post is the main or only asset of this company. It turns out during the processes initiated by the debt collection company that most of these claims were disputed, that the disputes were serious and the position of the creditor company legally fragile. In fact, the sole purpose of the creditor was to defend the client item vis-à-vis its auditor by acting with a debt collection company to avoid a massive depreciation of this asset.

The debt collection companies so decried and vilified would have a role to play in the prevention of the difficulties of the companies by having for example a right of information strictly confidential of the organs of control to prevent before it is too late to cure.

In the secret of a debt collection company and its methods

anglais, Blog, , , , ,

In the secret of a debt collection company and its methods. The terms vultures, sharks, mafia methods and other “bird names” are often referred to when describing a collection society. What is it really? Do debt collection companies get rich on the backs of people by practicing unorthodox methods or are debt collection companies doing their Job only? Camille V. calls exasperated debt collection company who claims 27.90 € for an unpaid radiology bill. She has already reported several times to the medical office that the payment was made. His interlocutor Didier O. remains calm. He verifies on his screen and informs Camille V. that it is enough for him to send the proof of the transfer so that the letter of formal notice becomes irrelevant. Camille V. has already hung up and pronounces another well-sworn oath before cutting the communication. Anyone looking for recognition and consideration for his job would be better off not working in a debt collection company. The brand image of this industry is disastrous and the one who receives a letter of formal notice in his mailbox explodes blood pressure. We are looking for positive attitude! Didier O. has worked for 15 years as sedentary debt collection officer he is not a hooligan of a thick brute, he is smiling and sporty appearance. To be hired he had to meet the following criteria: calm, ability to convince and positive vision of life. One of the secrets of a successful debt collection is to receive the file very early, which greatly increases the chances of obtaining payment without having to expose significant costs. This transfer by the companies of recent receivables makes that many delays of payment are only due to negligence or absences for example for leave. A debtor who receives a letter from a debt collection company is immediately on the defensive. According to a survey, 65% of the recipients of this type of mail from a debt collection company believe that the amount claimed is not due. Telephone subscribers, energy providers or consumer credit companies rely heavily on the services of debt collection companies. It is wrong to believe that debt collection companies merely send out standard letters for which they receive disproportionate fees. Especially for trade receivables the debt collection company will have to convince the one who owes money to find an amicable agreement with his supplier sometimes see a partial debt forgiveness. Nobody has any interest in bringing legal proceedings, as the popular saying goes, a bad deal is better than a good trial. The muscular and menacing boxers are not unique to serious debt collection companies. It is in the interest of the debt collection company to settle the file as soon as possible and with the least possible inconvenience for those who owe money. On the other hand, it is abnormal that in France the individual in bad faith does not bear any costs and that for small claims (individual or professional) there is no way to obtain payment without having to bear considerable costs. In the Nordic countries the situation is different and high costs are due even for small debts. In some foreign countries (Germany) there are pressure tactics to oblige the payment of these costs. There is however a satisfied person it will be the client of the debt collection company who will recover his due.bodyworn-794099__340

Commercial Debt Collection and Business Bankruptcy

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avoid empty pockets

avoid empty pockets

Commercial Debt Collection and business bankruptcy are sometimes linked. When a file arrives in a debt collection office, when the amount of the debt recovery is high and the debtor’s situation is fragile the debt collection actions sometimes lead to the bankruptcy of the debtor company. One can therefore ask the question of the relevance of the action of the debt collection company. In reality it is not the recovery actions that led to the bankruptcy of the company it was certainly already in a state of cessation of payment. The recovery procedures are only the drops of water that broke the camel’s back. The bankruptcy procedures are mostly long and dead-end, the creditor said unsecured (the one who has no security) having very little chance of recovering what is due to him. Should we in these cases renounce recovery actions? the answer is clearly no because only the one who acts keeps a chance to get his bills paid. One of the most common prevention tips was to tell suppliers to learn about the creditworthiness of their customers and keep their credit limit under supervision. This common-sense rule now faces new difficulties. Indeed, the secret of business in a world in full transparency becomes more and more opaque. In France, for example, it is now possible for small and medium-sized businesses to make their balance sheets confidential, whereas a few years ago this was considered a crime that could be prosecuted by the public prosecutor’s office. It is no longer uncommon to see companies that are well-rated by intelligence companies suddenly go bankrupt. One of the remedies to business bankruptcy losses is to adjust the credit limit to the size of the client. It is common to see the debt collection of important files that concern very small businesses. When a company is in trouble it will rush into the arms of a supplier ready to give it credit. The salesperson will be enthusiastic about developing his turnover and everyone will fall into the trap of supplier credit. It is the exporting companies that are setting up in a new country that are most likely to fall into this kind of trap. The losses and debt collection difficulties are in fact linked to the short-term profit policy which penalizes the exporters who have not planned a moderate development and supported by a substantial budget.

Unpaid bills bad habits.

anglais, Non classé

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Unpaid bills bad habits die hard. The media, social networks and discussion forums on economic issues constantly evoke the next global economic crisis that they say is on the horizon. One of the consequences of this crisis in the making will be a resurgence of unpaid bills. For the professionals of the client risk, for the credit-managers and the professionals of the recovery of the unpaid bills all the indicators are with the red. The first fruits of the crisis are seen by an upsurge of late payments in all areas of activity. Wherever the payment initiative is left to the customer (payment by check, transfer, draft) late payments and unpaid bills accumulate. The regulations are obtained only by a tedious and time-consuming work to make the reminders. This work is all the more difficult because the favourable economic situation of recent years has led to a massive return of bad habits in preventing unpaid bills. And yet 4 simple rules and easy to implement will significantly reduce unpaid bills they concern:

The client data’s

Billing

Disputes

“Time is money”

The client data’s managed by the sales team must contain the following elements:

The exact business name of the client and not his brand

The manager’s mobile phone

The email address of the person in charge of the regulations

The exact bank details (Bank Statement + IBAN)

The registration number in the Trade Register.

Only a well-maintained client file will allow for error-free billing and will make it easier for reminders teams to work.

Disputes must be identified which requires having the name of the contact and a way to contact him.

And finally the adage Time is Money does not exist without reason. As a collection professional, we see cases arrive every day with the following mention “it has been months since he reacts to anything he has not even looked for the registered letter”. Avoiding unpaid invoices requires acting quickly and if possible before other creditors.

The return of late payments in France

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The return of late payments in France is confirmed. A few months ago, a large majority of business customers returned their payment means quickly or executed their transfers on time. This is no longer the case and credit managers are seeing an upsurge in late payments. It is currently necessary to invest a lot of time in the raises to keep the treasuries afloat. Whether the company is profitable or not a solid cash is an essential element to its sustainability.

Good repo management consumes a lot of time, and this thankless but indispensable work does not always fit into the planning of the accounting and financial teams. To master payment late payments one of the keys is not to leave the payments initiative to the debtor. A tool that should be used en masse is the electronic letter of exchange raised called LCR. Easy to use it allows to present at the due date an electronic transaction to the customer’s bank account. This requires of course that the commercial team obtains when opening the account of each client a bank account or IBAN complete.

Entrusting late payments to salespeople is a mistake. There is a real loss of credibility to one day aggressively claim a payment and then come back to try to get a new order. Late payments must be handled by the credit managers or by the accounting and financial departments.

Avoiding late payments is a matter of educating customers. If the customer finds a laxity of his supplier he will not miss to take advantage of this free credit and without guarantee that this one grants him. The supplier customer relationship must be a partnership with benefits for both parties; if the supplier has delivered an irreproachable merchandise on time, his customer must avoid any late payment and pay his bills in due time.appointment-15979__340

Mandatory information on the invoice in France

anglais, Newsletter, ,

Mandatory information on the invoice in France

Changes effective October 1, 2019 In France from 1 October 2019 two new mentions will have to appear on the invoice: • the billing address if it is different from the delivery address • the purchase order number if it has been previously issued by the buyer. The sanctions for breach of the invoicing rules are reinforced by the introduction of a fine henceforth of an administrative nature. These new provisions result from the order of 24 April 2019 recasting Title IV of Book IV of the Code of Commerce relating to transparency, restrictive practices of competition and other prohibited practices. Invoice: the mandatory information in France reminder of the mandatory information existing before 01st October 2019. The date of the invoice Date on which the invoice is issued. The invoice number Unique number for each invoice and based on a chronological and continuous sequence, without “hole”, an invoice that can not be deleted. The numbering can possibly be done in separate series (for example with a prefix per year), if the conditions of exercise justify it. Date of sale or service Date on which the delivery of goods or service is made (or completed). The identity of the seller or service provider Legal name (or name and surname for an individual entrepreneur), address of the registered office, billing address (if different), Siren number or Siret, NAF code, legal form and registered capital (for companies), RCS number and city the registration registry (for traders), number in the trade register and registration department (for craftsmen). The identity of the buyer or customer Legal name (or name for an individual), address of the customer (except opposition for an individual), billing address if different, delivery address. Purchase order number When previously established by the buyer. VAT identification number VAT identification number of the seller and the business customer (only the latter is liable for VAT). These mentions are not mandatory for invoices whose amount excluding taxes is less than or equal to 150 €. The designation and counting of products and services rendered • Nature, brand, product reference. Materials provided and labor for the services. • Specific name, quantity, unit price excluding taxes and VAT rate, discounts and other possible rebates. The catalog price Unit price excluding VAT of goods sold or hourly rate excluding VAT of the services provided. The legally applicable VAT rate Especially if different VAT rates apply, they must appear clearly by lines. Discount Rebate, rebate, discount on the date of sale or service, excluding discount transactions not included on the invoice. Total amount to be paid excluding tax (HT) and all taxes included (TTC) About the payment The date or deadline for payment, the invoice, the penalty rates in the event of non-payment on the payment date entered on the invoice and the amount of the lump sum indemnity for recovery costs in case of late payment (40 €) . Invoice: the particulars Other details must be entered on the invoice in the following special cases: • The seller or service provider is a member of a management center or an approved association Add the mention: “Member of an approved association, payment by check and credit card is accepted”. • The seller has a VAT exemption scheme Add the mention “VAT not applicable, art. 293 B of the General Tax Code “. • The subcontractor no longer declares VAT is the main company that declares it (reverse charge VAT) Mention “self-liquidation of VAT”. Indicate that this is a “tax-free amount”. • Craftsmen or micro-entrepreneurs engaged in a craft activity for which professional insurance is compulsory Mention of the insurance taken out under the activity

Internet digital world European retail business facing the Storm.

anglais, Blog, , ,

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Internet digital world European retail business facing the Storm. The European retail business has lived during these 60 past years several revolutions which have had a deep impact on its physiognomy and in our way of life and the society in its whole. The recent revolutions linked to the rise of internet and the digital world seem to take another step, it’s not the physiognomy of the cities which is changing anymore but the society in its whole.

Step 1: the neighbourhood businesses and the factories in Europe

Step 2: the birth of mass distribution and relocation of the production: the rise of the car industry

Step 3: the development of franchises, malls and pedestrianization of cities

Step 4:  Internet and the digital world desertification of the cities

In the 50s, right after World War 2, neighbourhood businesses are rising, the factories located right next to them are running in full swing. The consumers who are low motorized appreciate having nearby shops and so came several types of restaurants and services (Shoemakers, carpenters…) in the streets of the cities. In the 60s Europe knows a new type of business, mass distribution (mostly alimentary). France will be the first country in Europe to develop it, Italy and Germany being far behind. Visionaries buy agricultural land in the periphery of the cities and develop massive shops with massive parking. This type of retail will rise and create hypermarkets of 10 000m² and more with non-alimentary shopping mall around. These giants will have a significant power on the selling price encouraging industries to relocate first in Eastern Europe (Poland, Czechoslovakia…) and then towards Asia (China, India, Vietnam) where the workforce is the cheapest. The auto industry starts on the same time a massive development as the consumers going to these hypermarkets will be in the need of buying a car. From the seventies to the 2000 and despite the oil crises, a global boom of businesses in every distribution channel is rising. Independents shop retailers first partly destroyed by the mass distribution start to join franchises. The pedestrian city centre leads to the gentrification of the independent businesses. Shopping malls with several types of businesses rise. However, the bistros and the small artisans decrease. From 600.000 in the 60s, the number of bistros in France fell to 35.00 in 2018.  Investors buy commercial real estate which leads to expensive rent prices in the business areas of the cities. If in the early 2000 online shopping took its first steps, not every time in a successful way. The new giant is born: Internet and the digital world. The shops in the mid-cities are closing, the small towns are becoming bedroom communities, mass distribution loses its market shares and even the prestigious brands are shaking.  Internet digital world giants such as Amazon or Alibaba are the new nightmare of the traditional businesses. In France the legislator created legal barriers to protect small businesses, stop the development of hypermarkets and reduce their blackmail to have discounts and bigger margins. But at least the legislator is helpless toward the new giants. Amazon is the biggest supermarket in the whole world even if it is fully digitalized. It is also the biggest group purchasing organization (GPO) in the world. What if Orwell’s Big Brother was in fact Jeff Bezos (Amazon’s CEO)?  It is unquestionable that the typical businesses will need to invest in market niches in order to survive. For instance, some textile manufacturers are now aiming new consumers such as seniors or oversized people who are not yet comfortable with online purchases. Others fashion brands based their communication on the “Never out of stock” which means that the general products are always available. It is directly opposed to the fashion shops whose collections change every 6 months.

But what about payments? How to deal with unpaid invoices? Are the overdues also evolving with Internet  digital world? Even if strong habits are still here in countries like France, we still observe a massive change of the way consumers pay. During the 50s and the 60s bill of exchanges and checks were the most used way of payment. When, Mr. Moreno invented the smart card in France everything changed. Way before its neighbours’ countries, French people will start using credit cards to the great pleasure of mass distribution discovering a new and simpler method of payment avoiding the insecurity of checks and the complicated manipulation of cash. Furthermore, it is still evolving with the evolution of our phones with which we can now pay with. Debt collection firms have also professionalized their approach, for example, the procedure by a collector in the context of home visits disappeared. Courts have gone digital, it is now possible to proceed to an online payment of your court fees with your credit card. Commercial information has gone digital as well, offering business information at extremely low prices causing the end of several investigator’s jobs. What hasn’t changed is the weight and cost of legal action in southern Europe (Spain, Italy, France, Greece, Portugal…). Lawless zones emerged concerning low-amount debts. Debt collection firms will have to adapt to this new environment. It is likely that the dematerialisation of payments will deeply change the structure of the payments especially the supplier debit which may disappear. Businesses will have no choice but search for new ways of funding. In the first days of 2019 we face a dramatic situation mainly in France for the specialized retails like fashion or shoes. There is a massive disappearing of shops due of the fact that for many different reasons the consumers change their habits. For the mid-sized producers and the small shops there is only a future if they intensify their cooperation inventing new retail ways of selling.

In an Internet digital world retail cannot act as in the sixties or seventies, the actors must invest in perspective and prospective.

 

Georges Vonfelt

90 % of the French B to B debtors with unpaid bills are solvent!

anglais, Unpaid debt,

90 % of the French B to B debtors with unpaid bills are solvent but the success rate of the debt collection agencies and organizations in charge of the receivable collection are largely lower.
What are the reasons?
First of all it’s the way the debt collection industry is organized. The no cure, no pay policy largely practiced brings a focusing from the collector on the larger files. To collect 100 € or to collect 1.000 € it’s the same job, the same time investment but not the same earning. The market (the companies’ client of the debt collection agencies) would never accept to pay a 10 time higher fee to collect a small invoice. The bigger the file the more the debt collection specialist invest time and costs on it.
Other reasons in France are the difficulties to get legal decisions with acceptable fees for the benefit of the creditor. The French government is actually thinking about new dispositions in favour of the reduction of the payment terms. To apply the existing laws would be very helpful and sufficient. For some mysterious reasons some courts are very sensitive for the matter of the recovery costs. We don’t need new laws we need first the application of the old ones.
How to reduce the gap between the 90 % solvent debtors and the percentage of collected files is the goal of the debt collection industry in the near future. It’s difficult to accept that billions of overdue disappear every year because we are missing adapted tools and services.
Georges Vonfelt
www.gevo.fr

Debt Collection in France: what is the most efficient litigation process?

anglais, Blog

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If, in the Business to Business area, you have unpaid invoices in France the first step is to try an amicable approach of the debtor. It’s the first action step for a French debt collection company.
The figures of the collection Industry are telling us that more than 90 % of the files received from a debt collection Company concern firms which are able to pay the open invoice.
Despite of those figures, the success rate of a debt collection agency for the amicable process is usually lower than the half of the received files. It’s often necessary in France to start a litigation procedure to increase the chances to collect the overdue receivables.
In the most of the cases we recommend the so called “injonction de payer” ( injunction).
How has this litigation procedure to be managed?
– The concerned Court is the “Tribunal de Commerce” located at the head office of your customer.
– The demand has to be introduced with all the documents proving the reality of the debt
o Signed order
o Signed Delivery note
o Invoice
o Reminders
o Formal Notice Sent by registered letter with acknowledgement of receipt
o Without the acknowledgement of receipt the procedure will be cancelled
– The judges are not professionals they are elected and their main business is to manage a business in the same city.
– When the “ injonction de payer” is issued you have maximum 6 months to inform the debtor through a local Bailiff
– The debtor has than one month to contest the decision, he can contest without giving any reason
– If the debtor contests it’s necessary to start a traditional legal procedure
– If the debtor doesn’t contest you have 2 months to ask for the enforceable verdict
– The court will deliver this enforceable verdict within one month.
– To seize the goods and assets of the debtor you need the help of a local Bailiff.
We recommend the cooperation with a French professional (lawyer, bailiff, debt collection agency) for the management of the “injonction de payer” procedure.
Georges Vonfelt
www.gevo.fr

France Business is facing the lowest payment terms figures since 20 years

anglais, News

The latest statistics are describing good news for those making business in France.
There is a massive decrease of the payment delays. The real payment terms are now around 60 days after the invoice, in place of 65 days two years ago. And ten years ago there were, in the average, more than 90 days between invoice and payment.
The reason are new laws and new controls coming from the Civil Service. The fines are extremely high and the big Companies had to face controls and big fines and also the publication of the procedure in the Newspapers. The targets of the Civil Servants were very high level Companies in the Insurance Business, train producers, Hotel Chains and Pharmaceutical Conglomerates.
The real news is that the big Companies are no more safe from controls and they had to pay each a 375.000 € fine for having not respected the legal terms of payment.
But the figures are not the same in all the areas of activity.
The situation is more problematic in the Transport, Logistic, Information and Communication Business.
Georges Vonfelt
www.gevo.fr