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BizHelp24 Edition
No. 38-37
December 2000

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December 2000 - Small Business News

 

THE MEDIA

 

The new buzzwords being spewed out by all and sundry are 'dot.com failure'. No sooner than the venture capitalists stop pouring truck loads of cash into anything looking remotely like tomorrow's sliced bread bin, we have to suffer the 'I told you so club' from the media and those who can't tell a web page from a web site. 

 

Currently we have Cutting Edge on Channel 4 (UK TV channel) informing the viewers that no UK Net company has made a profit and show us why this is so through following a number of web start ups that were obviously going to encounter problems from day-one. We know viewers want to see disasters and Channel 4 duly oblige with their version of a cross section of UK Net businesses. 

 

  

QUESTION & ANSWER: Can Pay, Wont Pay - Cant Pay

We have two interesting cases in this edition, one debtor trying to contact the creditor, and the other debtor attempting to avoid the creditor.

 

QUESTION FROM CASE 1

My partner and myself signed a computer loan with a shop that has now gone bankrupt. The loan for was £1.5K and I put the loan in my sole name as my partner had not been working long enough to get a loan too easily. The private finance side of this loan came from the fact that we could not lend enough from the loan company through the shop to buy the computer so the shop set up a 'private loan' to be paid by standing order through my current account. The only documentation we have is a photocopy of the agreement signed by myself and my partner with a rubber stamp of the shop detailing the dates and amount of the loan. 

 

Earlier this year my partner was injured and we ran into financial difficulty and I wrote to the shop premises detailing our problems and proposals for repayment, complete with expenditure breakdown. I telephoned the shop, but when the call was answered the store at the back of the original shop site answered and found my letter in the post box where it had been for some time. They duly informed me that the shop concerned had gone bankrupt some time ago. I have since written to the owner of the bankrupt shop via his bankers, the details obtained from the standing order, a couple of months ago offering payment of £40 per month. More than two months have now passed and still no reply. The letter I sent was from both my partner and myself and gave daytime and evening telephone numbers, but we have not been contacted.  Basically we are still struggling, as although my  partner has just started work having been off since February, his employment is only part time and I had to spend some unpaid time off work nursing my partner back to health. What I am asking is do we need to legally pay this 'private finance' as we are getting no response at all from the shop owner? and all we signed was a hand written photo-copy of a private agreement.

 

ANSWER

The 'Agreement' is at the centre of this issue. An agreement for credit must be one that is regulated by the Consumer Credit Act (and state as such on the agreement) where the finance is provided to an individual, and not an incorporated business. Any other form of agreement is unenforceable by a court. That said, there could be a case for a personal arrangement between 'friends', but not something that would probably be taken to court. 

 

When someone says that they went bankrupt they mean one of three things (I'll assume the Agreement is a regulated one):

 

a) The LIMITED COMPANY was officially liquidated by an appointed liquidator, who will trawl through the records of the business and write to you asking for payments to continue to be paid to them.

 

b) The garage owner was a SOLE TRADER and as the proprietor, he/she was officially declared bankrupt and the administrator of the bankruptcy will will trawl through the records of the business and write to you asking for payments to continue to be paid to them. 

 

This passage is relevant to both a) and b) above: They cannot demand all of the balance unless your 'agreement' allowed for this if you defaulted on payment. If all of the amount should have been re-paid by now (i.e. all the balance is also all arrears) the full amount can be demanded, and court action taken.  

 

c) The garage was EITHER a limited company, or run by a sole trader, and he/she has closed the doors and walked away: Sole Trader or Limited Company will give you a bit more on this subject. 

 

The effect is that both creditor and debtor are dropped (although still due). I would have thought in this scenario that if he/she did walk away that they would contact you and let you know where to send the 'private loan'. I would say that for one reason or another the debt is payable, but there is plenty of scope for a payment arrangement should anyone contact you. The debt can be called void six-years after your letter to the bank, as this was your (fair) effort to contact the creditor. It is very unlikely that this debt would be on your credit record. 

 

COMMENT

In such cases it is always wise to send a letter to the last known address of the creditor (or bank in this case as no address was known) and preferably recorded delivery for proof of posting. More than this you cannot do. 

 

QUESTION FROM CASE 2

I need advice about a debt I owe to a book club which is now being dealt with by a debt recovery agency. I live in shared flats and never received the books I ordered and certainly never signed for any thing. What powers do they have to collect the debt? Are they for instance permitted to enter my property? Are they likely to take me to court? How will this affect credit ratings etc. 

 

FIRST ANSWER

If we assume that all books were dispatched but not received by you, and that you did NOT order any further books after the first delivery did not arrive, the following would be a way to deal with the debt.  

 

You should immediately call the creditor (the book supplier) and inform them that you have not received any books and explain why...

 

...you ordered books by mail order and those books EITHER failed to arrive or were intercepted by one or another of the flats residents...

 

...further, that in your opinion the books should have been delivered direct to you and not left in an open environment, and that a 'recorded delivery' was what you expected to receive...


...inform the creditor that you will not pay for something that you did not receive and you will defend any legal action. Further, the creditor should refrain from debt recovery action and if they so choose, commence legal action... 

 

...back up your telephone call with a recorded letter of your own: quote your telephone call, the date, time, and contact name...

 

...at all times reinforce that you will not pay for something you did not receive...

 

...a debt collector cannot enter your home, or take any of your belongings (under any circumstances). The creditor has to take you to court and win a judgment (county court judgment) before enforcing the judgment with a bailiff (who does have certain rights when enforcing court orders)...

 

...if the creditor succeeded with a judgment against you, your credit file will show the debt for six-years. Your credit file probably shows this mail order book credit agreement, and you must insist that the creditor takes action to remove this entry.

 

FOLLOW UP QUESTION

1)I did find an opened box from the company, but this was at the bottom of the stairwell, and only contained 2 of the 6 books I ordered. This was in September, and I have not contacted them as I have been very busy, and I didn't think I should have to pay. I didn't receive an invoice for some time, but finally received on for £20, which was the offer price. I get most of my post sent to another address, as I have had some go missing previously, but am worried that I may not have received all their correspondence, and that I haven't responded to what they sent me. How am I affected in this situation? 

 

2)The matter has now been transferred to a debt recovery company, and they are demanding the full normal cost price of the books about £120, would I have to pay this? I have only received one letter so far, but it does threaten or hint at legal action if I don't pay. Would they take me to court over such a small sum, and if so what would be the time scales involved? 

 

3) What would they have to do to bring a court case against me? How much time would I have to respond to this, and what extra costs would I be liable for if I wanted to settle out of court, or if the court found against me?  

 

4) Do debt recovery companies have to inform you before making a personal visit? If not what is the legal situation if they call around? What happens if I just ignore it? What is their likely course of action to be in the next 6 weeks?  

AGAIN I WOULD BE GRATEFUL FOR A PROMPT REPLY AS THIS MATTER IS URGENT.

 

FOLLOW UP ANSWER

We are unable to go into your case at such a level. You are looking for specific information, and to do this requires questions (from us) and answers (by you). 

 

However, we will say that you should call the creditor (as we advised in the earlier message) and then you can stop 'second guessing' them: if the creditor insists you talk to the debt company, then do so. Make a deal to pay it off over a few months: you obviously received the goods, and that is a strong case on the part of the creditor.

 

COMMENT

In the debt recovery industry this is known as a 'can pay, won't pay'. There is nothing in the questions to suggest that this debtor cannot pay the debt: just that they want to look at every possible angle not to pay: the admission in the second question that the books WERE delivered bares this out. Further, although this person writes "AGAIN I WOULD BE  GRATEFUL FOR A PROMPT REPLY AS THIS MATTER IS URGENT", they have never contacted the creditor! Without  taking the 'moral high ground' this is the type of debtor that causes 'real' hardship cases to be 'tarred with the same brush'. 



 

1. TYPES OF BUSINESS FINANCE

 

Business finance comes in many guises and from many sources. The days of getting a loan from your bank or going without are over. Most realistic businesses can access finance: sometimes a specialist is needed to put the package together so as to 'sell' the finance application to the provider. We list the main options below:

 

Leasing

When a business needs to purchase an asset (goods) between a fax machine and an aircraft but has little capital (cash) or wants to keep its cash for other reasons, leasing is the preferred method. Vat is paid and reclaimed by the lessor (supplier) and rental payments are tax deductible as an expense for the lessee (you). A lease is fixed for a term of between two and seven years and will involve a deposit of three payments+. Title to the goods remain with the leasing company, and it is they who benefit from any residual value at the end of the lease term.

 

If you want to maintain using the asset after the agreed period, the leasing company may accept an annual payment equal to one months rental as a token payment. Maintaining full payments after the initial period, and having to give notice after the initial period is 'sharp' business practice. 

 

Lease Purchase

As 'Leasing' (above) but with the option to purchase the asset at the end of the lease period. The payment may be a token payment of, say, £50 for a three-year-old computer, to a £10,000 'balloon payment' for a car. Any type of business asset can be lease purchased, for example cars, commercial vehicles, industrial plant and machinery and computers. Low initial rental and repayment periods of between two and seven years help cash flow and liquidity. Repayments are fixed at the outset. Capital allowances can be claimed by your business and you own the asset at the end of the agreement.

 

Contract Hire (Purchase)

This is used for acquiring new and reliable vehicles for two to three years, and can be with or without maintenance cover. Again, all payments are tax deductible. Title to the vehicle can be bought at the end of the hire period for a significant  'balloon' payment.

 

Buy and Lease Back

A business with fixed assets that they own (plant, machinery, equipment, vehicles) and has a financial worth can be re financed to raise capital (cash) for use in the business. In theory, the asset worth should match the required finance.


Factoring \ Invoice Discounting

As a funding option available to companies that provide a product or service on credit terms to their customers. The purpose of the finance is to give you access to immediate funds, without having to wait for the customer to pay the invoice. This is particularly beneficial to those of you who are in a growth period and committing more working capital to customer credit \ debtors.

 

The company lending you the money will agree that for all invoices raised you will have available 80-85% of the value of the invoice at you disposal. You do not have to take available amounts. The cost structure is similar to that of an overdraft: you pay a service fee and an agreed percentage above bank base rate, calculated on the amount of funding  you require and the length of time your customer takes to pay the invoice. 

 

The main difference between 'factoring' and 'invoice discounting' is that factoring includes the factor (the lender) providing credit management (revenue collection), and the factors involvement is known to your customers. If you need help raising business finance go to:  Finance Application


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UNSECURED LOANS
 

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2. SMALL BUSINESS

TOO BUSY WITH RED TAPE TO HELP ITS SELF?

 

It seems that the USA does not have the sole right to mess up public duties.

 

A recent survey, for the Department for Education & Employment (DfEE), about work-home balance has been conducted without the input of 70% of the UK's businesses: those businesses with less than five employees. 

 

The survey about flexible working rights and the balance of work and home-life in the private sector was heralded as a major source of statistical information. But, as 922,000 of the 1.3m UK businesses (representing 70% of all businesses)  did not take part, the findings, if used, will affect those who suffer more than any other sector with home/work balance: businesses with less than five employees.

 

When questioned by the Chamber of Commerce about the omission, the DfEE said that they did not want to put an un necessary burden on small business by having them deal with endless questionnaires: UNBELIEVABLE if it were not true! Any policy resulting from the current survey WILL burden every small business!

 

DO IT AGAIN, PROPERLY! And this time don't do us any favours by leaving us out: 2.1m people have a big say. And we say don't cut costs or corners as there is little resource left in any small business to deal with bad policy!

 

The figures.

Small Business has: 2.1m employees in 922,000 businesses (excluding sole traders which makes the situation even worse).

 

Medium and Large Business has: 16.5million employees in 378,000 businesses (but working conditions are far better in the this group).


____________________________________________________________________________

COMPANY REPORTS

First class reports, county court judgments, turnover, cash flow, directors and lots more information to help you make the right decisions. Don't trust to luck with credit: invest in knowledge.  

Company Reports

_____________________________________________________________________________

 

3. SMALL BUSINESS COMPENSATION SENSE

 

At last there is some common sense with staff compensation claims due to dismissal. The problem arises with 'false' claims to industrial tribunals in the hope of a sizable award for their 'suffering'. Small business is seeing more and more ex staff taking action in this new UK culture of 'worth-a-go-litigation'. As is the norm, its not the law that encourages these false claims, but those who interpret them to match their commercial gain.

 

The new regulations will allow for UKP10,000 fines where unreasonable, frivolous or vexatious claims are seen: costs of UKP50,000 can also be added to the overall penalty. The penalties will ensure the growth of litigation insurance at a time when such insurance is under the public spotlight for benefiting the insurer and solicitor prior to the claimant.

 

The regulations will also require a deposit of UKP500, where the current figure is UKP150: with the heavy penalties involved is seems a bit unfair to deter those who do not have the funds to stake a legitimate claim.

 


____________________________________________________________________________

DEBT RECOVERY
You can now place debts with us on-line. NO COLLECT = NO FEE
A simple, tried and tested form can be completed on or off line and then submitted at the press of a button.


Debt Recovery

_____________________________________________________________________________


 

4. ASK THE EXPERT

CAN A SUMMONS BE AN ARREARS LETTER?

 

QUESTION

When we send out our second reminder letter to customers who are in arrears with our credit terms, we send out a copy of the County Court Summons which we will issue if payment is not received within seven days. This is normal practice in some companies but we have recently been advised by one of our customers (a bad payer incidentally) that sending out the copy summons is illegal.

 

ANSWER

Summonses did have a note beside the area that the court stamps that said "This summons is only valid if sealed by the court. If it is not sealed it should be reported to the court". However...

 

...in effect you are only providing the debtor with the necessary proof that you intend to add court fees, interest and possibly solicitors costs to the outstanding balance... I know of no legislation that forbids the use of a summons when used as an indication of action. Sending a copy of the 'soon to be issued' summons with a cover letter explaining what your future intention is: i.e. to serve the summons through a court if payment is not received within, say, 7 days, is a collection method used by a fair number of creditors in my experience: I add, not an option I have ever used as I am personally of the opinion that the first time a debtor sees a summons I want them to be shocked and in doubt as to what that piece of paper means.

 

The sending of a summons as being served by the court, when it has not, and suggesting fees have been paid, or not clearly stating the purpose of the copy summons is a different matter: its probably deception and as a minimum harassment, which is illegal.

 

Its arguable that explaining the copy summons in a letter diminishes the effect: but clear it must be.

 


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LIMITED COMPANY FORMATION
For the majority of small businesses in the UK. One of the most complete packages available.
Company Formation

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5. NEW

 

BUSINESS FINANCE:

The place to find information, help, advice about business loans: and an application form. Business Finance


And a selection of existing articles:

 

Spot Payment Warning Signs


How to Assess a Credit Application

 

Deal with Communication Face to Face
 

Profit & Loss Accounts Explained
 

 

6. . INFORMATION LINKS + DOCUMENTS

 
A great starting point for medium sized companies is The Enterprise Network. The 'Knowledge Store' area is where to look for in depth reports of medium size corporate issues. Web site is by The Sunday Times UK.

 

NO SUCH THING AS A FREE WAP CALL
If you are getting, or buying, a WAP phone for Xmas don't forget that WAP '0800' calls are not free from mobiles. Orange, free at present, will charge from 2001.

 

 

New government site covering Intellectual Property: copyright, patents, trade marks and designs.

 
 

Princes Trust

Work for yourself, but can't get the money you need to start your own business? Turned down because of your age, your credit record or because you're out of work? You can start a business, with help from The Prince's Trust. If you're 18 to 30 and unemployed or 'underemployed' (in an unfulfilling part-time or temporary job) they can offer:

 

- low interest loan of up to £5,000.0.

- Test marketing grant up to £250.

- Grant of £1,500 in special circumstances

- Advice from a volunteer 'Business Mentor' for first three years of trading

- Extra support including discounted exhibition space, specialist advice.

 

Shell Livewire 16 - 30 Year Old

Helps 16 - 30 year olds start and develop their own business and hosts a national competition for new business start ups.s.

 

IF ARE OFF & EGG HATCH OUT

The Halifax has again launched its long-overdue on-line bank IF.com. Don't be surprised if the link at the end of this piece fails to work, or takes an eternity!  And Egg.com (Prudential) looks to open a high-street presence: possibly  franchised at branches of Boots!

 

FREESERVE UNLIMITED

FreeServe has announced its own answer to unlimited Internet calls. At UKP12.99, the service will be one of the cheapest, but may include some degree of limitation on usage (so, not really unlimited then!).

 

LAST BREATH OF BREATHEHE

Breathe, the Net ISP, is to cancel it's unmetered call up service from this Sunday. Saying it's "unworkable".

 

TELEPHONE NUMBERSRS

As requested by many of you, the following are prefixes and dates for UK telephone dial up.

 

...00 International codes.

...01 Existing area codes.

...02 New 02 area codes for Cardiff, Coventry, London, Northern Ireland, Portsmouth and Southampton.

...03 Reserved for future area codes.

...04,05,06 Reserved for future use.

...07 Mobiles, pagers & personal numbering all begin 07. Old numbers will stop working on 28 April 2001.

...08 Freephone & Special Rate Services will all begin 08. 0800 already exists as a freephone code. There is now a new freephone code, 0808. We are also now starting to see 0845 for up to local rate and 0870 for up to national rate. 

...09 Premium Rate Services, such as information and entertainment lines, all begin 09.

 

7. NEW INTERNET DOMAIN EXTENSIONS

Seven new domain extensions will be available by June 2001. ICANN, the regulating body announced 7 new domain extentions from 200 suggestions. The new domain names are; ".biz" for businesses, ".name" for individuals, ".museum" for museums, ".pro" for professionals, ".aero" for aviation, ".coop" for cooperatives, and ".info" for general information.

 

There are a number of companies taking orders and payment, in advance, for any and all names: anyone ordering at this stage should be aware that you cannot pre-book, nor is it likely that 'top' names will be sold for the regular price - as we now see from government departments for car registration numbers. The domain registration companies have software that will send thousands of orders for domain names within a few seconds of the clock striking 00.00.1second on the first day of registration: bit of a lottery we think, and should be treated as such. p;

 

8. ITS A LAUGH

 

The loan shark hired a deaf man to collect his money thinking that he would not be able to communicate to the police anything about his illegal operation. However, on the first day of collecting the money (100,000 pounds) the deaf debt collector failed to take the money to his boss.

 

The boss, with a 'heavy' and a sign language expert called at the deaf mans house. The heavy asked where the money was, but the deaf man just shrugged his shoulders. The boss asked the sign language expert to communicate the same question, but again the deaf man just shrugged his shoulders.

 

Getting fed up, the boss pulled out a gun: the deaf man started franticly waving his hands in sign language "the money is in my neighbours back garden under the rose bush". The boss asked the language expert what the deaf man had said, the expert said "he said your mother is a orang-utan and that you don't have the guts to use that gun"!

 
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BizHelp24 – UK business and finance information, news, help and services for small businesses BizHelp24 is a UK business and finance resource providing Small Business Help, Start up Information, news and services; for individuals and Sole Traders. Comprehensively covering a wide range of key business, finance, and service topics. Employment and personal information includes Work Times and Break Entitlement, Body Language, employee Holiday Entitlement and Employment Contracts. Credit Policy information includes Letter of Credit, useful Credit Notes, Business Loans. and Cash Flow Control. Other information areas include Bankruptcy, Homeworking, Business Failure, Company House and Company Names,

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