The Effective, Ethical & Professional Approach

Transcription

1 The Effective, Ethical & Professional Approach

2 Page 2 of 10 W e are well established Debt Collectors and do business as such. We provide a professional, prompt and skilful service to all our valued clients. Our business consists of well trained, highly skilled and IN I. PROPOSAL INTRODUCTION qualified personnel. We ensure that our personnel have a sound knowledge of the relevant and applicable provisions of the legislation relating to bad debts, credit providing and general civil litigation. We are duly registered in terms of the Debt Collectors Act 114 of 1998 ( Debt Collectors Act ) and conduct business as such, mainly in the whole of the Republic, but also abroad. We are based in the far East Rand, Gauteng. Our personnel are all accredited and registered Debt Collectors at the Council for Debt Collectors and in accordance with the Debt Collectors Act. We offer well informed solutions and/or advice to all likely problems that might crop up in the business world. Late payments by debtors will constantly occur whether due to a client s failure to pay or more frustratingly because of a customer s management policy where upon agreed credit terms are consciously being exceeded. The cost of late payments can have a debilitating effect on a company s cash flow and the ability to trade effectively. We assess the reason for non-payment and act in accordance with our assessment. We institute legal action where the failure to comply justifies stern action, however on the other hand do not redundantly breach existing business relations. We strive to deliver the best possible client service and to apply our proficient and professional skills throughout the collecting process. Our mission is to amongst other; render a successful collecting service. Gissing and Manamela Debt Collections can make a difference in your company by improving cash flow, minimising bad debts and resulting financial implications and risks as well as eliminating extensive legal costs. We are a dedicated and committed team.

3 Page 3 of 10 II. MANAGEMENT TEAM Managing Member Mrs T. Botha has completed amongst other, credit management, commercial law and various added courses at the University Of South Africa. She has extensive knowledge & expertise, to offer with specializing in credit & multi-skilled management. ( Unisa ) Adv. A. Gissing; our Head of Management is a duly admitted advocate to the Republic of South Africa. Advocate Gissing is a professional and skilful individual with expertise in the legal field and subsequent litigation. He possesses extensive litigation experience. Advocate Gissing possesses a B-Iuris degree as well as a LLB degree, obtained from the University of South Africa ( Unisa ). III. SERVICES WE PROVIDE We provide collection (including the serving of letters of demand, regular follow ups etc.) and/or advice on any debts or litigation issues of any nature. We render services where court action is already pending as well as pre-court services. We assist in the drafting of contracts as well as labour related issues. We also assist our clients in collecting legal fees incurred from the debtors. We provide a tracing service at a nominal fee to our clients. We do credit bureau listings and/or checks in accordance with legislation. Other services we render in the collection process are regulated by legislation. Upon the matter proceeding to litigation; we make use of various Attorney firms, whom are dedicated, highly skilled and well established law firms. Regulated by the various jurisdictions and legislation, we work with a group of dedicated solicitors depending on the jurisdiction and/or areas the disputes are dealt with. These solicitors will merely be utilised as correspondents in accordance with legislation. In the event of the collection process being unsuccessful the matters will be handed to our attorneys, for purposes of drafting the particulars of claim as well as the relevant summons. These steps are subject to our clients` instructions and approval. Fees will be subjected to the various legal steps that need to be taken.

4 Page 4 of 10 Upon the matter proceeding to court the relevant attorney will deal with the litigation process. We are of the opinion that the aforementioned will speed up the process followed by a hands on approach and an elimination of sudden legal costs surprises. The proposed process will eliminate the frustration of accounts being handed over resulting into no feedback, no further action being taken, ending in debts simply written off and debtors absconding resulting into your business being severely prejudiced. In respect to the collection process; Gissing and Manamela Debt Collections charge an administrative fee of R and 15% of the successfully collected amount and/or other services rendered, but agreed on. A. COLLECTION TOOLS Listing debtors as slow and/or bad payers at the relevant credit bureau, in accordance with the relevant legislation. We charge a nominal fee, depending on the complexity of the listing, simply to cover expenses incurred by us. Tariffs might differ from time to time. A tariff list will be provided at an appropriate point in time. We do professional tracings of absconded debtors. We charge a nominal fee, depending on the complexity of the tracing, simply to cover expenses incurred by us. Tariffs might differ from time to time. A tariff list will be provided at an appropriate point in time. We send out various forms of letters of demand in accordance with legislation.

5 Page 5 of 10 B. STEPS IN COLLECTION PROCESS Telecommunicating with Debtor. Serving of letter of demand at the same time, in accordance with legislation. Reaching of agreements with reference to payments, subject to client`s instructions and approval. Confirmation of agreement in writing. Signing of acknowledgement of debt optional and at an additional nominal fee. Regular follow ups on agreements. Facilitating the payment process. Failure to comply with arrangement and/or letter of demand, legal action to be taken against debtor, subject to instructions from client. The relevant Attorney firm will deal with the litigation procedures involved. Costs regulated by legislation and/or by agreement between the parties. We attach hereto the various options and/or routes, but not limited to, the various matters might undergo in layman terms: OPTION A: Account handed over to Gissing and Manamela Debt Collections for collection and/or potential litigation purposes. Outstanding amount collected. Costs: R administrative fee plus 15% of successfully collected amount. Should consultations be required, additional fees will be charged as agreed upon by the parties.

6 Page 6 of 10 OPTION B: Account handed over to Gissing and Manamela Debt Collections for collection and/or potential litigation purposes. All attempts to collect outstanding amount unsuccessful. Summons to be issued, to be served on debtor by Sheriff s office. Prayers in Summons will include legal costs the client incurred. Matter undefended. Request for default judgement and subsequent judgement. Processed to credit bureau by Clerk of the relevant Court. Issuing of warrant of execution for purposes of confiscating debtor s assets in order to settle outstanding debts. B.1 Magistrate Court; where claims are not exceeding R , or where claims are exceeding R but the parties have consented to the jurisdiction of the Magistrate s Court. Kindly note that the amounts inserted are regulated by legislation and thus subject to change. B.2 Regional Court; where claims are exceeding R , but not R Kindly note that the amounts inserted are regulated by legislation and thus subject to change. B.3 High Court; where claims are in excess of R and where no provision for jurisdiction in the Magistrate s Court or Regional Court has been made. Kindly note that the amounts inserted are regulated by legislation and thus subject to change. OPTION C: Account handed over to Gissing and Manamela Debt Collections for collection and/or potential litigation purposes. All attempts to collect outstanding amount, unsuccessful. Summons to be issued, to be served on debtor by Sheriff s office. Prayers in Summons will include legal costs the client incurred. Matter defended. Cost involved, will depend on the legal route the matter takes. Matter might proceed to trial. The trial court will make a ruling in respect to legal costs.

7 Page 7 of 10 OPTION D: Account handed over to Gissing and Manamela Debt Collections for collection and/or potential litigation purposes. All attempts to collect outstanding amount, unsuccessful. Debts ceded to the Debt Collections and summons issued in the Debt Collection`s own name. Same will be done upon agreement between the relevant parties and on the relevant issues. OPTION E: Account handed over to Gissing and Manamela Debt Collections for collection and/or potential litigation purposes. All attempts to collect outstanding amount, unsuccessful. Debtor liquidated and/or sequestrated. The relevant Attorney firm will deal with the relevant process on behalf of the client. Legal fees to be agreed upon. C. OTHER SERVICES ALREADY REFERRED TO We are not limited to collection services only, but also to contractual related services, criminal law services, labour related services as well as any other relevant legal field. Costs to be agreed upon by the relevant parties. D. REFERENCES Konica Minolta: Debra Watson (Regional Credit Manager) (011) or Dora Burzelman (National Credit Manager) (011) or

8 Page 8 of 10 Visser Tool and Plant Hire: Sherese Visser (Owner) (011) or Further references will be provided upon request. IV. CONCLUSION We sincerely request your referral of work of any relevant nature. Please be assured of services of the highest quality only. Fees will be agreed on depending on the nature of the instruction(s). If there are any specific need(s) you might have, please do not hesitate to contact us. We will happily provide you with assistance. Yours faithfully MANAGEMENT: GISSING AND MANAMELA DEBT COLLECTIONS Miss Tanya Botha Managing Member Advocate Adriaan Gissing Head of Management Tel: (011) Tel: Cell: Cell:

9 Page 9 of 10 I. PROPOSAL INTRODUCTION V ictor Nkhwashu Attorneys are a well-established law firm and practises as such. We are based in the Schreiner Chambers in the centre part of Johannesburg, opposite the South Gauteng High Court, Gauteng. We strive to suffice in all our clients` needs regardless of the nature and/or complexity thereof. We provide a professional, proficient and dexterous service to all our valued clients. Our firm consists of highly skilled, qualified and experienced attorneys. Our administrative personnel are pleasant, well trained and well spoken. We warrant our attorneys` knowledge on any applicable aspect in the legal field. We specialize in general litigation with an excellent success rate. We are in association with Gissing and Manamela Debt Collections, based in the far East Rand. We as a team place the emphasis on cost effectiveness, quality service and successful litigation. Gissing and Manamela Debt Collections will initiate the legal process and more specifically on a contingency basis. Upon all attempts to successfully collect the relevant bad debts being unsuccessful, disputes will be handed to us to formally institute the litigation process. We proudly possess an excellent infrastructure and communication networks to professionally suffice in any dispute of any nature.

10 Page 10 of 10 II. MANAGEMENT TEAM Mr. Victor Nkhwashu; our Managing partner is a highly skilled individual with extensive general litigating experience. He is a duly admitted attorney to the High Court of the Republic of South Africa. He practises as such and is regarded as a senior attorney. Mr. Nkhwashu possesses a B-Prok degree, obtained from the University of Limpopo. D. OTHER SERVICES ALREADY REFERRED TO We are not limited to civil litigation only, but also to contractual related services, criminal law services, labour related services as well as any other relevant legal field. Mr. Nkhwashu is also an expert in the Criminal Law, being a former public prosecutor. Costs to be agreed upon by the relevant parties. Yours Faithfully MANAGEMENT: VICTOR NKHWASHU ATTORNEYS Mr. Victor Nkhwashu (Managing Partner) Tel: (011) Cell: