How old is too old for old debts?
The term ‘Statute Barred’ refers to the debts that have surpassed the 6-year* Australian limitation. (*Except NT which is 3 years)
This timeframe is often from the date the amount was invoiced, but in certain circumstances, the debt may still be enforceable if your debtor has made a payment or admitted to the debt in writing. The 6 year statute of limitations may then start from this new date, giving you more time to act.
It is no surprise to learn that the older the debt, (typically) the harder it is to collect, so the sooner you act, the better!
When can I send debts for collection?
Once an invoice has surpassed your payment terms, you are able to initiate collection procedures.
It is entirely up to personal preference how you wish to operate your accounts. Most businesses will have internal collection procedures and only send a debt to a third party once the debt reaches a certain stage. But if you are time poor, we are able to act as an extension of your account receivable and tailor a softer approach to suit your needs, as required.
How much does debt collection cost?
While we can’t speak for other agencies, we offer no joining fees, no admin or letter fees and only charge a commission amount if we get a resolution on your account. Please see our Fee Schedule for our commission rates.
Should the file need to proceed legally or with an alternative service like skip tracing or field work, then a quote will be provided as required. No action will commence or costs incurred without your approval.
As we only get paid when you do, our interests and motivations are aligned with yours. The success of our business relies on the success of yours.
Can the costs be added to my debt?
You may be able to add debt collection costs on top of your account if you have the appropriate Guarantee and Indemnity clauses signed in your terms and conditions, prior to the work being done.
To enforce the indemnity clause, a separate invoice for fees will need to be raised and sent along with a copy of the signed terms and conditions to the debtor, once the original invoice becomes overdue. Once that invoice has expired, you are able to send it across to us so that we can legally chase and enforce the full amount!
If the file has progressed to the legal stage, the majority of legal costs can be added to the debt as part of the legal process.
How long can a debt be chased?
The term ‘Statute Barred’ refers to the debts that have surpassed the 6-year* Australian limitation for chasing debts. (*3 years in NT)
This timeframe is often from the date the amount was invoiced, but in certain circumstances, the debt may still be enforceable if your debtor has made a payment or admitted to the debt in writing. The 6 year statute of limitations may then start from this new date, giving you more time to act.
It is no surprise to learn that the older the debt, (typically) the harder it is to collect, so the sooner you act, the better!
What is a mercantile enquiry?
A mercantile enquiry is a permanent mark left on a company’s credit file when a mercantile agent (such as Profcoll) views it. To future creditors a mercantile enquiry suggests that a business has encountered debt issues in the past.
What can and can't debt collectors do?
Debt collectors leverage a variety of tools and tactics to recover unpaid invoices. They conduct fieldwork, investigations and pursue legal action where necessary – whilst always remaining compliant with the Debt Collection Guidelines. Find out more here.
What is an acceptable Payment Arrangement?
If you are unable to make a full or lump-sum payment on your overdue account, then we may be able to help you to arrange a Payment Plan.
Before proposing a Payment Arrangement, it is important to know how much you can comfortably afford. There is no point in making an offer that you can’t stick to, or making an offer that would be deemed unreasonable by your creditor’s.
There is no set figure for an acceptable arrangement, so proposing a fair and sustainable payment plan is the most likely course of action to get approved.
What do I do if I'm facing hardship?
If you are unable to pay your bills as and when they are due (without resorting to credit), then you would be deemed ‘Insolvent’. If you haven’t already done so, then a budget is a great place to start. Negotiating a sustainable payment plan with all your creditors may help to keep you on top of things.
If you have assessed your finances and are still unable to keep your head above water, then there are several free Aid of Hardship services available to advise on the next best step.
Your debt isn’t likely to disappear though and ignoring it can lead to additional and unnecessary legal costs being added, so please keep us or your creditors informed of your situation (no matter how uncomfortable it is to talk about).
Are my Terms & Conditions are current?
If you are unsure if your current Terms and Conditions are going to cover you, please get in touch below and our staff can review them for you, free of charge.
If you are unsure if your current Terms and Conditions are going to cover you, please get in touch below and our staff can review them for you, free of charge.
If your Terms and Conditions are not up to date, then you may not be able to claim or enforce all that you should be entitled to, leaving you further out of pocket.
How do you actually collect the debt?
Long-gone are the days of the proverbial baseball bat. Modern debt collection these days is a professional affair.
At times, all it takes is a third party to get involved to alert the debtor to the urgency of payment. Other cases require our team of specialised, trained professionals to negotiate, mediate and follow up payments systematically.
PCS has perfected our own method of collection over the past 20 years, updating and streamlining the process to incorporate modern technologies, whilst strictly operating within the confines of the Debt Collection Guidelines.
Why would a file need to go legal?
There are many reasons why an account may not be paid on time. If those reasons are not able to be rectified through the usual collection process, then legal action may be necessary to formalise the process and create an environment where action needs to be taken.
Your account manager will advise you if they believe a file is not suitable for legal action, or is not likely to be successful via this method.
If legal action is the most likely course for recovery, the account manager can explain the process and possible steps in easy to understand terms, cutting through the legal jargon. Remember, the debt can be paid at any stage of the process and the next stage may not be necessary, but you will be given all of the information to make an informed decision if the need arises.
What is the PPSR?
The Personal Property Securities Register (PPSR) is the national register where details of security interests in personal property (e.g. motor vehicles, company assets or stock) can be registered and searched. Click here for information on using the PPSR.
What are the laws on debt collection?
See the ACCC and ASIC’s joint guide for an overview of laws surrounding debt collection in Australia, including consumer protection laws, privacy laws, fair trading laws and the bankruptcy act.