Dealing with an Insolvent client can kill a profitable business. If your client becomes insolvent it will have a significant knock-on effect, that will impact on your company cashflow, leaving you as a creditor with unpaid invoices that will likely never be paid.
In 2015, more than 100,000 UK businesses found themselves as creditors to an insolvent business, and many will have found their cash flow at serious risk as a result. Any business, irrespective of size, is at risk if their client becomes insolvent but for freelancers and micro-businesses these risks are magnified.
It doesn't seem like rocket science to suggest that if a customer goes bust, you might want to stop supplying them; in fact, if you're doing your credit control properly, you'll probably want to restrict their account long before they publicly declare insolvency.
Under new government plans, due to come into force this October, you might find you are banned from taking such action, once your customer's financial woes are made public knowledge.
The granting of royal assent to the Small Business, Enterprise and Employment Act 2015 should be good news for creditors, particularly those who are left owed money by a business customer who has gone into corporate insolvency.
That is because there are several measures included in the legislation that should leave more money in the pot to pay creditors what they are owed, even after the administrators take out their fee; and there may also be the option to pursue a company's former directors personally for redress.
When it comes to avoiding bad debt the old adage "prevention is better than cure" is a very useful rule to follow. As we tell any business owner that will listen, it is absolutely imperative that before you extend a customer credit you answer the following questions:
- Does this customer have the financial means to pay?
- Are they prepared to pay promptly or at all?
We always say that in good credit control, prevention is better than cure - collections and recovery action should be for the bad debts you didn't see coming, not the ones you did.
But how do you know who's going to pay on time, and who's not going to pay at all?
If you've worked in credit control for long enough, it will be instinctive, a kind of sixth sense based on the myriad different factors that contribute towards a company's risk profile.
Mr Lawrence McGovern, director of Railtrades Ltd (“Railtrades”) has received a 6 year disqualification order for disposing of the company’s assets worth an estimated £52,000 and paying almost that amount to connected third parties.
Mr McGovern’s disqualification from 15 December 2014 follows a disqualification order made in the County Court at Romford on 14 November 2014 by Deputy District Judge Dudderidge. The application on 28 May 2014 was by the Insolvency Service on behalf of the Secretary of State for Business, Innovation and Skills.
EU legislators have been working for two years on a 'right to be forgotten' - specifically, the right to request that information about your past should be removed from the Internet, or made inaccessible when people search for your name on a search engine.
But this week, the Court of Justice of the European Union seemed to find a 'right to be forgotten' already in European law, in a preliminary ruling relating to a case brought by a Spanish man against Google and its Spanish subsidiary.