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More often than not, companies are crippled by non-collection of debts for various reasons. This article is intended to analyse some of the general aspects which contribute to the origin of the debt collection phenomenon and give some tips (in general terms) on how to approach the problem. This field is wide and perfect/equitable solutions will depend on the personal practical ingenuity.

It is not the end figure that matters most but rather the initial components/constituents of the debt, emanating from the order, the supply/delivery, quality/quantity, the terms, the invoicing, etc. The following are some of the types of debts but the list could be longer:

  • Charged/secured debts – giving rise to debts subject to debentures/charges;
  • Pre-fixed price/with order debt – giving rise to an agreed debt/terms;
  • Negotiable price/with order debt – giving room to unsatisfied quest for further reductions;
  • Pre-determined quality/variation debt – giving rise to quality and time ethical disputes;
  • Interest charge option – giving rise to unpaid charged interest negotiable or otherwise – compromise option;
  • Delayed performance debts – arising from disputed time/performance – pre determined or otherwise;
  • Reversionary debts – (especially on assets) where debts are created subject to payment/right of ownership;
  • Politically instigated debts – especially in banking institutions or general suppliers;
  • Contra transaction created debts – noncash or cash-changing transactions;
  • Deferred/hire purchase transactions – retention of ownership conditionality;
  • Bills of exchange transactions (local/foreign) – credit rating/unpaid/ discounted/formalities;
  • Merchandising transactions – unpaid / uncollected / misappropriated / unaccounted for;
  • Deposit/prepayment debts – mandatory / requested / interest bearing or otherwise;
  • Post-dated cheque transaction debts – purported/perceived/dishonoured or honoured/presented or unpresented.

Delay in debt settlement may be attributed to some of the following facts:

  • Lack of funds by the debtor – which if/when detected can give rise to schemes of arrangement for settlement;
  • Laxity/change of personnel – creating delays in follow-ups/lack of coordination;
  • Faulty systems – accounting management failures – mechanical/manual;
  • Unresolved disputes – based on a variety of reasons from pre-to post-creation of the debt;
  • Personal inclinations – where certain debts are collectable by specific people – director;
  • Omission and commission debts – where amounts are subject to certain regulations eg VAt and Withholding tax – charged/not paid – irregularly;
  • Designed fraudulent debts – intercompany/party – where companies create debts with sister companies/individuals with ill motives or for contra/otherwise.

Before the collection can be initiated, the basic initiatives can broadly be categorised into the following:

  • Technicality – dealing with the extraction/verification of the data:
    • Authority and origin of the debt/terms
    • Properly signed and stamped orders / letters of authority;
    • Invoice/signed delivery note – properly signed, stamped and authorised;
    • Contractual or engagement letter
    • Contractual terms defined and signed by both parties.
  • Tactility – determining whether the delay is caused by
    • Internal or
    • External
  • Methodology – determine the mode of approach:
    • Personal;
    • Analytical/soft;
    • repossession;
    • Collection agent;
    • Legal;
    • Arbitration.
The phrasing of the desired communiquι will be determined by the mode of approach applicable with appropriate conclusive suggestions. Certified true copies of the requisite documents should always be made available as proof.

Mr Peter Kahi is a Director in Restructuring and Forencic. For further information contact him on pkahi@kpmg.co.ke, Tel: +254–20-2806000/207
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