The Effective, Ethical & Professional Approach



Similar documents
Guide to the Debt Recovery Process

Understanding our Legal Process. How to get the most out of your Invoice Finance facility

REPUBLIC OF SOUTH AFRICA

ADVERTISEMENT BROADCAST AGREEMENT

1IN THE NATIONAL CONSUMER TRIBUNAL HELD IN CENTURION. Firstrand Bank Limited a division of First National Bank RESPONDENT JUDGMENT

Legal Profession Amendment (Fixed Costs) Regulation 2013

SEAFARER SUBJECT GUIDE

ALFRED NZO DISTRICT MUNICIPALITY

AGANANG LOCAL MUNICIPALITY. Credit Control and Debt Collection Policy. Credit control and debt collection policy

Supreme Court Civil Supplementary Rules 2014

RATLOU LOCAL MUNICIPALITY

FILED: NEW YORK COUNTY CLERK 01/17/2014 INDEX NO /2014 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/17/2014

INTRODUCTION TO SMALL CLAIMS COURT TABLE OF CONTENTS

SANLAM PERSONAL LOANS 3 (PTY) LTD ( SPL3 ) TERMS & CONDITIONS

EXECUTIVE SUMMARY. About Us

Claims against foreign debtors

If instalments are not paid as they are due a reminder will be sent requiring payments to be brought up to date within 7 days.

SERVICE LEVEL AGREEMENT

Cheshire West & Chester Council

Inquiry into Debt Recovery in New South Wales

CORPORATE DEBT MANAGEMENT STRATEGY

POLICY ON THE WRITING-OFF OF IRRECOVERABLE DEBT

Fair Debt. Policy. Why Have A Fair Debt Policy?

NetCall Collections First Aid for your Business

TAKE-1 YOU AND YOUR LAWYER

PERSONAL INJURIES BAR ASSOCIATION STANDARD TERMS AND CONDITIONS TREATED AS ANNEXED TO THE CONDITIONAL FEE AGREEMENT BETWEEN SOLICITOR AND COUNSEL

Section 1. INTRODUCTION Page 1. Section 2. ISSUING ACCOUNTS Page 2. Section 3. INTERNAL DEBT Page 5. Section 4. FOLLOW UP PROCEDURE Page 7

Court of Petty Sessions (Civil Jurisdiction) (Solicitors' Costs) Regulations

ARE MANAGING AGENTS ALSO DEBT COLLECTORS?

Foreign Currency Forward Master Contract

SELECT SERVICES FLAT FEE REPRESENTATION AGREEMENT page 1 of 8

Debt Recovery and Litigation Service. April 2015

North East Lincolnshire Council - Corporate Debt Recovery Strategy

COUNCIL TAX, NON DOMESTIC RATES (BUSINESS RATES) AND BENEFITS OVERPAYMENTS RECOVERY POLICY

Revenue and Benefit Service

SEAFARER SUBJECT GUIDE

Debt Management and Recovery Policy for Adult Social Care Debt

MAGISTRATES COURT OF WESTERN AUSTRALIA COURT FEES. Effective from 1 July 2015

ACT. [Long title substituted by s. 27 (1) of Act 33 of 2004.]

RULE 90 GARNISHMENTS AND SEQUESTRATION. (c) A "garnishee" is the person summoned as garnishee in the writ of garnishment or

Lawyer Trust Account Guidelines

A WALK THROUGH YUKON S SMALL CLAIMS COURT

FINANCIAL RESCUERS, LLC

ATTORNEY CONSULTATION AND FEE CONTRACT FOR CONTINGENCY CASES

Debt collection guidance

Rule 82.1 Who May Appear as Counsel; Who May Appear Pro Se

FOR INFORMATION PURPOSES ONLY

ct A Insolvency Act Insolvency ISBN

INSOLVENCY CODE OF ETHICS

ROSSENDALE BOROUGH COUNCIL SUNDRY DEBT MANAGEMENT - POLICY STATEMENT

AIA Document A310 TM 2010

USING LAWYERS IN HONG KONG

Automatic Teller Machine

Winding Up Petition Guide how to deal with one

Gemini Debt Recovery. Corporate Debt Recovery & Collections Certificated Bailiffs. Our Services

Debt Recovery Scheme. a helping hand.

Service Level Agreement

Effective from 1 January Code of Ethics for insolvency practitioners.

PLEASE NOTE. For more information concerning the history of this Act, please see the Table of Public Acts.

From: Hong Kong Wah Sun Company Sent: Friday, October 23, :39 PM Subject: Conflict Check

Commercial Litigation. Proposed Practice Direction On Non-Injury Motor Accident Litigation. Compliance With Pre- Action Protocol.

BRACKNELL FOREST COUNCIL ADULT SOCIAL CARE & HEALTH DEBT RECOVERY POLICY & PROCEDURES

CHAPTER 43 ACTIONS OF DAMAGES FOR, OR ARISING FROM, PERSONAL INJURIES

COSTS DISCLOSURE AND RETAINER AGREEMENT

Personal Injury Accreditation Scheme

Frequently Asked Questions as to the Service of Process

Contents. Table of Statutes. Table of Secondary Legislation. Table of Cases. Understanding Undefended Debt Claims. Enforcement of Money Judgments

NC General Statutes - Chapter 15A Article 17 1

THE OFFICE OF FAIR TRADING (OFT) DEBT COLLECTION GUIDANCE

EFFECTIVE DEBT COLLECTION FOR WINERIES

North East Lincolnshire Council. Debt Management Strategy

SMALL CLAIMS PROCEDURE

BUSINESS CREDIT AND CONTINUING SECURITY AGREEMENT

Tariff and billing handbook. 6. Costs and contributions

SMALL CLAIMS RULES. (d) Record of Proceedings. A record shall be made of all small claims court proceedings.

Service of the order The court has provided a sealed copy of this order to the serving party: ABC Solicitors LLP at [address] [reference]

Professional Ethics in Liquidation and Insolvency

Kevills Solicitors. Debt Management and Debt Collection. A very rough guide!

CHAPTER 35 CONTROL OF DRUGS (TRAFFICKING) ORDINANCE and Subsidiary Legislation

1 Deciding How to Respond to the Complaint Answering, settling or defaulting

Help us to help you Contact us and work in partnership with your local Council

SERVICES LEVEL AGREEMENT

I THE DEBT COLLECTION SPECIALISTS I I CONSUMER DEBT COLLECTION I CORPORATE DEBT COLLECTION I TRACING I PURCHASING OF DEBT BOOKS I

CREDIT CONTROL AND DEBT COLLECTION POLICY

Debt Management Policy. East Lindsey District Council

Commercial Debt Solutions (CDS) DEBT COLLECTION SERVICE

Transcription:

The Effective, Ethical & Professional Approach

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.

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.

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 R400.00 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.

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: R400.00 administrative fee plus 15% of successfully collected amount. Should consultations be required, additional fees will be charged as agreed upon by the parties.

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 100 000.00, or where claims are exceeding R 100 000.00 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 100 000.00, but not R300 000.00. 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 300 000.00 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.

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) 249-4235 or 083 245 2445 Dora Burzelman (National Credit Manager) (011) 661-9010 or 082 739 9815

Page 8 of 10 Visser Tool and Plant Hire: Sherese Visser (Owner) (011) 969-4328 or 084 814 7485 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) 425-0283 Tel: 011 425-0283 Cell: 073 343 5198 Cell: 084 8212778

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.

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) 333-0229 Cell: 082 406 9150