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Thorntons expert urges vulnerable businesses to take early action for debt recovery despite drop in businesses going bust

Despite a positive reduction in the number of businesses going bust in Scotland, many still remain vulnerable in the current economic climate and must make protecting their financial health a priority, according to the head of Thorntons' Debt Recovery Team.

Following the latest Equifax Business Failure Report, Partner Gillian Buchanan is urging businesses to take early action in order to maximise their chances of recovery and ensure they do not miss out on legal options available.

She said: "One of the most common causes of business failure is the inability to collect debts due by customers and a reluctance to take a firm line when a deadline for payment of an invoice has passed.

"A promise of payment should not be accepted where a previous promise remains unfulfilled, andlegal intervention should be sought at an early stage.

"Customers with debts owe will pay those creditors that are pushing hardest so businesses need to make themselves a priority in the eyes of theircustomer.

"Interest should be sought. If interest is not contractually due then it is still chargeable to a business customer under the Late Payment of Commercial Debts (Interest) Act 1998.

"Intimating that interest is due and is accruing on a daily basis may prompt a debt to be settled early to avoid the amount due increasing yet further. A compensatory charge for late payment is also payable in terms of that legislation and should be claimed."

Do's and Don'ts for making sure you get paid

  • Do act quickly
  • Do have an efficient credit control system
  • Do set deadlines for payment and act if they are missed
  • Do claim interest and any other penalty charges legally available
  • Do take legal advice on options available for enforcement - they may be less expensive than you think!

  • Don't allow a customer to run up a substantial debt
  • Don't accept repeated unfulfilled promises of payment
  • Don't delay in taking formal enforcement action
  • Don't forego interest if contractually or statutorily due
  • Don't be afraid to speak to a lawyer for advice

Issued by Beattie Communications on behalf of Thorntons Solicitors.
Contact: Kimberley Hamilton, Tel 01698 787878