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Monthly Archives: February 2012

Can legislation ever help business get paid?

Most of us in trade credit would agree that the 1998 (amended 2002) Late Payment legislation was a well intended attempt to break the big business culture of paying its suppliers late. Today, using 20:20 hindsight, we all accept it's been an unqualified failure.

It's reassuring to learn that business and enterprise minister Mark Prisk has declared the legislation a failure too, adding: "It comes down to the relationship between a small supplier and a larger customer - are you really going to use legislation in those circumstances? It's unlikely." Quite so. And herein is the challenge for Prisk and the government as they seek to change the late payment culture.

The government is certainly trying to come to terms with the problem. Witness their Prompt Payment Code that is already representing c60% of the supply chain in the UK. Add to this their fast-tracking of the EU Directive on Late Payment. I'm not claiming that legislation is a panacea - indeed I regard any clause in the Directive requiring a small business to seek remedy via the courts to be a recipe for disaster - but I do believe that legislation can make a significant contribution in the fight to change culture.

If legislation is only part of the late payment solution, who holds the key to the balance? The Institute of Credit Management is certainly doing its part with over 280,000 of its Managing Cashflow Guides already downloaded. Naming-and-shaming will also contribute to the cause and if companies inform their trade bodies of guilty late payers, they'll produce the kind of league tables few will want to top.

But, in the end, the biggest contribution must come from SMEs themselves with the use of smart credit management practice: Check the buyer has the invoice and confirm the credit terms; ensure they have no issues with the invoice; ask when they plan to process it for payment; call days before it falls due, and escalate to a third-party very quickly after terms have been breached - adding Late Payment charges of course!.

Legislation on its own won't get bills paid on time. But, used in combination with freely available advice and good credit management practice it has an important role to play.

(ct)

Cost of UK fraud hits a record high

Fraud in the UK reached a record high in 2011. The KPMG Fraud Barometer revealed that fraud totalled £3.5 billion in 2011, an increase of 150 per cent on the previous year, but the majority of that was in the second half of the year http://bit.ly/xmv8Yi

Scams committed by those in management positions increased by 74 per cent, accounting for 57 cases and a value of £729 million. The most fraud was carried out in the public sector and at financial firms.

When it comes to trade, SMEs as well as large corporates are equally vulnerable. Graydon UK has identified a number of steps that businesses can take to protect themselves against the threat of corporate fraud:

•           Always obtain a credit report for customers and suppliers that does not simply regurgitate Companies House data but one that tracks and analyses unusual patterns of corporate behaviour in order to identify potential fraud

•           Never set up a client account until their application has been fully processed

•           Always check clients' trading and registered office addresses

•           Be wary of mobile phone numbers and non business e-mail addresses such as hotmail or yahoo

•           Check whether your customers have a website when establishing their identity

•           Most companies will pay their bills by completing a purchase order from their accounts department - make sure that you obtain a copy of this before sending an invoice

•           When dealing with non incorporated businesses, always request original copies of utility bills quoting the delivery address

•           Double check all delivery addresses, keeping a close eye on what sounds like residential addresses

•           Check whether clients are VAT registered by calling the VAT Office for confirmation

It is also extremely important to flag certain events and details that seem out of the ordinary. Here are some examples of incidents which should alert firms to the possibility of fraudulent activity taking place:

•           Is a sudden change of delivery address provided to you by the client?

•           Is there a last minute call to collect the goods rather than have them despatched to the quoted delivery address?

•           Is the delivery address given by the client shown on the credit report you obtained from your agency?

•           Are the telephone numbers of the business you are dealing with fixed line or non geographic such as 0800 numbers?

•           Have you received an order on the last afternoon of the month? Fraudsters, like credit managers, understand the pressure from the Sales Department!

•           Look out for unusually large orders placed at the start of a new month, where a fraudster will anticipate that they have the longest timeframe before you chase for payment.

•           Have you received a large first time order on a credit card? If so, be wary.

Talk is Cheap

It is no surprise that small and medium sized businesses have been the worst hit by the credit squeeze since the financial crisis kicked off. It's only too easy to recall top headlines announcing that five major bank lenders in the UK would support the Government's £76 billion pledge to get credit flowing to businesses.

Bank of England figures revealed yesterday report that British banks have missed their lending target by £1 billion. This has certainly set the twitter sphere alight. Barclays, HSBC, Lloyds Banking Group and Santander UK publicly said they met their individual targets but RBS, which is 82% owned by the taxpayer, missed its share. On top of that, Osborne approved a £500m bonus pot for RBS despite it missing lending targets.

Some may argue that this shows that Project Merlin and other measures have not helped as much as expected. However, the numbers could also be interpreted to show that banks are actually committed to lending as they came close to the targets set.  The problem may be that SMEs are not entirely happy with the terms and conditions banks set. This is particularly frustrating when banks have exceeded their overall gross lending target of £190 billion by nearly £25 billion. Data also shows that only 7.8 per cent of government contracts were awarded to SMEs during the end of last year, rather than the promised 25 per cent. What does this mean for SMEs?

A recent NatWest survey found that in reality some SMEs, particularly those in Wales, are less optimistic than the UK average on prospects for the rest of the year. They do not rank access to finance as a main priority. Instead, they would rather concentrate on keeping their businesses going by identifying new customers and markets.

In reality, this may be the cause of the problem. It suggests that there is still a lot to be done to restore confidence and make SMEs realise that funding is available and that this is an important way of boosting expansion and growth prospects. The Government must move away from meeting numbers to instead implementing initiatives which focus on credit easing. As the shadow Treasury minister, Chris Leslie MP rightly said banks also "need to acknowledge they have been spending more time securing their own balance sheets than helping growth and employment in small firms."

When push really comes to shove, the focus of government activity needs to be on action, not just numbers. Small firms need support not just highly publicised initiatives if they are to be set on a path back to sustainable growth. Businesses also need to bear in mind that it takes time to build a good credit history and so even if they do not have an immediate need to access finance; it's never too early to start building up your credit rating.  Useful tips for SMEs and newly incorporated businesses can be found here http://bit.ly/x9WxnG


More detail predicts less retail

Supply and demand is perhaps one of the most fundamental concepts of economics and it is the backbone of a market economy. Or, in High Street vernacular, when the hordes go down the boards go up. That's the prediction in new research from The Local Data Company (LDC) who say UK High Street vacancy rates will increase in 2012 because of weak consumer confidence, rising unemployment and growing online sales.

We need only examine our own shopping habits to see how we're contributing to the High Street demise. From the North East's Metrocentre to the South East's Bluewater, millions have swapped the congested town centre for a free parking out-of-town shopping experience. Even more of us have deserted the High Street to buy books, music, films and holidays online. LDC report that out-of-town and online together now accounts for more 40% the share of shopping.

Given these rises, it is perhaps a surprise to learn that at 14.3%, the vacancy rates actually stabilised in 2011. How so? The implosion of electrical, household and confectionery stores has been overtaken by the explosion in mobile phone, charity and convenience stores. At what price? LDCs research showed that 10,000 town centre shops closed in the past two years, with 183 retail chains calling in the administrators, 11% up on 2010.

What can save the High Street? On Saturday, the government said that 12 run-down High Streets in England could compete for a £1m prize as part of plans proposed by their retail queen Mary Portas. Local government minister Grant Shapps described the scheme as a 'golden ticket' and added that as part of the contest areas would bid for support from a dedicated team and Ms Portas.

Predictably, there is already opposition to Ms Portas ideas with Phil Wrigley, Majestic Wines chairman, urging the government to relax planning laws and convert struggling town centres into affordable housing, comparing the situation of many shopping thoroughfares to the decline of the shipbuilding industry. The government will publish its response to Ms Portas proposals in the near future and it will be interesting to see how 'inclusive' this is. Peter Box of the Local Government Association is concerned that councils could be overlooked and says: "We urge Mary Portas to enter discussions with councils on how they can boost local High Streets."

In the meantime, trade suppliers will need to take heed, monitor their retail buyers, seek payment to terms, and protect their margins. Challenging it is. Impossible it is not.

(CT)

Late payments woes

Here's a question to start the week with. What do the British Printing Industries Federation, the Federation of Master Builders, the National Pig Association and the British Home Enhancement Trade Association have in common?  On the face of it probably "not a lot". But before you risk spending the entirety of this Monday morning trying to guess the answer, allow me to put you out of your misery.

And joking apart, the answer actually relates to a deadly serious business issue, as all these organisations recently confirmed themselves as signatories to a letter delivered by the Forum of Private Business to Mark Prisk MP, the Minister for Business & Enterprise, demanding more Government action to address the problems posed to UK firms by the late payment of trade invoices.

Let's be clear, late payment is a corrosive trend which can drive companies out of business. Statistics reporting the woes of company owners who cite it as the major drain on their cashflow are plentiful and many companies (with large corporates including supermarkets often being the guiltiest parties) seem to think it perfectly normal and acceptable to fail to pay suppliers on time or in full, as well as change their payment terms unilaterally, without bothering to consult with their suppliers.

All of which is great for company bean counters who get to sit on interest-earning cash for longer but bad news for suppliers who need to meet their own financial commitments, including paying their own suppliers as well as meeting wages and general business overhead commitments.  It is worrying that 20 per cent of UK credit managers polled in a recent Graydon UK survey believed late payment could threaten their company's ability to trade during 2012.

But what of the existing legislation I hear you cry? The Late Payment of Commercial Debts (Interest) Act 1998, updated in 2002, is grandly titled and well-intentioned but in practice it's utterly ineffective. When it comes to the crunch, small firms are reluctant to speak out against large companies for fear of order cancelling reprisals. The regulatory framework needs tightening and the measures suggested by the Forum of Private Business and their partners (including Graydon UK), including the requirement of FTSE companies to report more detailed information on their payment times, and a clamp down on those firms taking 'prompt payment discounts' and imposing retrospective changes to payment terms are crucial to redressing the balance.

The Government seems willing to help. The BIS Finance Fitness campaign is a good thing. And today that same department is working to raise the media profile of the importance of paying on time. It's great to see but this momentum needs to be sustained. Companies like ours are working hard to counsel clients on unlocking growth opportunities by identifying and engaging new trading partners. Our job will be easier in this respect if the payment playing field is driven by fair play.

(ws)

 

Beating the transparency drum

It's impossible these days to navigate the newspaper business pages without the word 'transparency' appearing in what feels like every other paragraph. Indeed, this tautological mantra seems to have become a catch-all solution for everything from reining in executive bonuses to mitigating the risk of corporate fraud.

So it's strange then that as Vince Cable and others beat the transparency drum, there remains a legislative appetite to exempt micro-business from filing statutory accounts at Companies House. A fine idea on the surface you might think, with Government red tape after all being the perennial bugbear of the British entrepreneur, but those lauding this approach could do worse than pause for a moment and reflect on the cliché that 'information is power'.

Why? Because in a market where, whatever their Project Merlin inspired protestations to the contrary, lenders remain extremely cautious about lending to small firms, the need for accurate and up to date information about the financial strength of companies is greater than ever.

When push comes to shove, being able to give accurate positive insight into the stability of an ambitious growing company could make the critical difference between funds being extended to get an enterprise off the ground, or secure the investment it desires to break into a new market or fund a new product or service launch.

This is why credit reference agencies such as Graydon UK are doing everything they can to protect the integrity of the data held at Companies House, important as it is to ensuring that the credit reference assessments they produce and provide to potential lenders, investors and suppliers give a true representation of businesses.

It's also why Graydon UK is throwing its weight behind the work of The Business Information Providers Association (BIPA), an association of the five principal Commercial Credit Reference Agencies in the UK, to reduce the risk associated with business transactions by ensuring rating assessments are based on accurate analyses of business.

After all, our business is about helping companies feel assured they can transact with confidence and optimise their credit decisioning capacity. What's more, we're here to help businesses showcase their financial strengths and potential for sustainable growth. So, its natural for us support BIPA and the information delivered via its new website, www.bipa.uk.com