When a customer communicates delays in raising finance that is affecting payment, it's important to handle the situation with understanding while safeguarding your interests. Here's a comprehensive approach:
- Acknowledge and Understand: Express understanding for their situation and emphasize the importance of resolving the outstanding payment. Encourage open communication to gain insights into the delay's specifics.
- Set Clear Expectations: While being empathetic, clearly communicate the importance of timely payment and the impact the delay may have on your business. Request a specific timeline or updates regarding the finance application's progress.
- Alternatives and Solutions: Explore alternative payment options or negotiate a temporary solution. This might include accepting partial payments, offering an extended grace period, or restructuring the payment schedule to accommodate their financial situation.
- Ensuring Security for Payment:
- Registering a Security Interest: Consider registering a security interest under the Personal Property Securities Act (PPSA). This can provide a level of security over the goods or assets sold on credit until the payment is made (this is subject to consent).
- PMSI and GSA: If feasible based on the trading terms, evaluate the possibility of Purchase Money Security Interest (PMSI) or General Security Agreements (GSA). These legal mechanisms provide security over assets and future property, ensuring some protection in case of default.
- Collateral or Guarantees: Request collateral or guarantees, such as property, inventory, or personal guarantees, to secure the debt until the finance application is approved and payment is made.
- Regular Communication and Review: Maintain consistent communication to monitor progress. If the delays persist without a concrete timeline or assurance of payment, consider reassessing the situation and taking further actions to protect your interests. If there is concern the customer's company is insolvent and the debt is not disputed, consider a statutory demand. If the debt is disputed seek legal advice or contact a licensed insolvency practitioner to discuss your options. If a formal demand/statutory demand does not gain payment or a form of security for payment or a compromise agreement towards payment then a winding up proceeding leading to a formal liquidation to recover your debt may be an option.
- Assessing 'Enough is Enough': Evaluate the situation objectively. If the delays persist for an extended period with no clear resolution or communication from the customer, and it starts significantly impacting your business, it may be necessary to consider legal action or debt collection processes to recover the outstanding debt. This may lead to consulting an insolvency practitioner.
Remember, each situation is unique, and finding a balance between empathy and safeguarding your business interests is crucial. Engage in open dialogue, explore alternatives, and ensure compliance with legal requirements to secure the owed payment while maintaining professionalism and goodwill in your interactions. If you would like to discuss this further contact one of our team.