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CREDIT MANAGEMENT<br />

<strong>CM</strong><br />

THE CI<strong>CM</strong> JOURNAL FOR CONSUMER AND<br />

COMMERCIAL CREDIT PROFESSIONALS<br />

APRIL 2015 WWW.CI<strong>CM</strong>.COM £10.00<br />

WAXING LYRICAL<br />

ROYAL APPROVAL FOR THE CI<strong>CM</strong><br />

CREDIT INSURERS SPEAK THEIR MINDS


12<br />

great reasons why you should<br />

join CI<strong>CM</strong> today...<br />

1. CI<strong>CM</strong> is the recognised standard in the industry<br />

2. Get qualified – get letters after your name<br />

3. Career progression<br />

4. Keep up-to-date<br />

5. Networking<br />

6. The magazine<br />

7. Support and reference material<br />

8. CI<strong>CM</strong> Best Practice Network<br />

9. Profile and influence<br />

10. The CI<strong>CM</strong> British Credit Awards<br />

11. Social media interaction<br />

12. Not-for-profit<br />

CI<strong>CM</strong> Credit Community CI<strong>CM</strong>_HQ CreditManagement<br />

CI<strong>CM</strong>_HQ<br />

Get the full picture online at www.cicm.com<br />

Tel: +44 (0)1780 722900 Email: info@cicm.com<br />

The recognised standard in credit management


CONTENTS<br />

<strong>CM</strong><br />

Credit Management magazine for consumer<br />

and commercial credit professionals<br />

APRIL 2015<br />

www.cicm.com<br />

Governance<br />

President<br />

Stephen Baister FCI<strong>CM</strong><br />

Chief Executive<br />

Philip King FCI<strong>CM</strong> CdipAF MBA<br />

Executive Board<br />

Gerard Barron FCI<strong>CM</strong><br />

Laurie Beagle FCI<strong>CM</strong> - Vice Chair<br />

Larry Coltman FCI<strong>CM</strong> - Treasurer<br />

Victoria Herd FCI<strong>CM</strong><br />

Bryony Pettifor FCI<strong>CM</strong>(Grad) - Chair<br />

David Thornley FCI<strong>CM</strong><br />

Advisory Council<br />

Sharon Adams MCI<strong>CM</strong>(Grad)<br />

Gerard Barron FCI<strong>CM</strong><br />

Laurie Beagle FCI<strong>CM</strong> - Vice Chair<br />

Glen Bullivant FCI<strong>CM</strong><br />

Sue Chapple FCI<strong>CM</strong><br />

Larry Coltman FCI<strong>CM</strong> - Treasurer<br />

Jacky Cooper FCI<strong>CM</strong><br />

Eleimon Gonis MCI<strong>CM</strong><br />

Victoria Herd FCI<strong>CM</strong><br />

Neil Jinks FCI<strong>CM</strong><br />

Edward Judge MCI<strong>CM</strong><br />

Carole Morgan FCI<strong>CM</strong><br />

Jason Pallister FCI<strong>CM</strong><br />

Salima Paul FCI<strong>CM</strong><br />

Bryony Pettifor FCI<strong>CM</strong>(Grad) - Chair<br />

Charlie Robertson FCI<strong>CM</strong><br />

Chris Sanders FCI<strong>CM</strong><br />

Richard Seadon FCI<strong>CM</strong><br />

David Thornley FCI<strong>CM</strong><br />

Peter Whitmore FCI<strong>CM</strong><br />

Paul Woodward MCI<strong>CM</strong>(Grad)<br />

The recognised standard in credit management<br />

REGULARS <br />

4 Editor’s column<br />

6 News<br />

16 CI<strong>CM</strong>Q News<br />

40 International Trade<br />

46 HR Matters<br />

FEATURES <br />

11 INSOLVENCY NEWS<br />

David Kerr summarises the Insolvency<br />

Service’s annual report<br />

12 INTERVIEW<br />

Sean Feast caught up with the outgoing<br />

President of R3 and reflects upon a busy<br />

time for the insolvency profession.<br />

18 CREDIT INSURANCE Special feature<br />

Ian Selby, Risk Underwriting Manager at<br />

NEXUS CIFS, winner of a CI<strong>CM</strong> British<br />

Credit Award, looks at Special Purpose<br />

Vehicles and their role.<br />

21 EXPECTING THE UNEXPECTED<br />

Sean Feast seeks the views of some of<br />

the major players in the credit insurance<br />

industry in the wake of recent business<br />

failures.<br />

24 HOLDING A GRUDGE<br />

Andy Moylan, Managing Director, EFCIS<br />

Trade credit insurance brokers, winners<br />

of a CI<strong>CM</strong> British Credit Award, looks at<br />

how credit insurance can move from a<br />

grudge purchase to a business builder.<br />

26 CONSUMER CREDIT<br />

Amanda Hulme gives an overview of all<br />

the goings on in the world of consumer<br />

credit.<br />

28 OPINION<br />

Karen Young looks at what it takes to be<br />

a successful credit manager.<br />

30 FOLLOW MY LEADER Special feature<br />

In the second of a new series, Vicky<br />

Bailey of Delphinus tmc considers the<br />

benefits of being a proactive and reactive<br />

leader and which style is more effective.<br />

32 ROYAL CELEBRATION<br />

The Queen's Representative, current<br />

and former Presidents, Fellows, Chairs<br />

and other VIPs gathered for the formal<br />

unveiling of the Royal Charter.<br />

34 HOUSE RULES<br />

Rosanna Bryant considers the treatment<br />

of mortgage customers who fall into<br />

arrears in the light of recent FCA findings.<br />

50 Branch News<br />

52 Forthcoming Events<br />

58 New members<br />

60 Cr£ditWho? directory<br />

63 Crossword<br />

31<br />

38 PAYMENT TRENDS<br />

Jason Braidwood MCI<strong>CM</strong>(Grad), Head of<br />

Sales Ledger Consultancy at Creditsafe<br />

Business Solutions, analyses the latest<br />

monthly business-to-business payment<br />

performance statistics.<br />

43 SOAPBOX CHALLENGE New feature<br />

Glen Bullivant FCI<strong>CM</strong> has an issue with<br />

smartphones, or rather smartphone users.<br />

44 NORTHERN ROCK<br />

Peter Walker reviews a recent case to<br />

see if borrowers could claim the same<br />

recompense as others following the<br />

collapse of Northern Rock.<br />

48 LEGAL HELP FOR CI<strong>CM</strong> MEMBERS<br />

The CI<strong>CM</strong>’s legal partner Freeths provides<br />

legal advice for CI<strong>CM</strong> members and their<br />

employees.<br />

53 EDUCATION<br />

Is it time to educate your boss?<br />

23<br />

www.cicm.com <strong>April</strong> 2015<br />

3


CREDIT MANAGEMENT<br />

<strong>CM</strong><br />

THE CI<strong>CM</strong> JOURNAL FOR CONSUMER AND<br />

COMMERCIAL CREDIT PROFESSIONALS<br />

Publisher<br />

Chartered Institute of Credit Management<br />

The Water Mill<br />

Station Road<br />

South Luffenham<br />

OAKHAM<br />

LE15 8NB<br />

Telephone: 01780 722900<br />

Fax: 01780 721333<br />

Email: editorial@cicm.com<br />

Website: www.cicm.com<br />

<strong>CM</strong>M: www.creditmanagement.org.uk<br />

Managing Editor<br />

Sean Feast<br />

Assistant Editor & Designer<br />

Andrew Morris 01780 722910<br />

Editorial Team<br />

Imogen Hart<br />

Iona Yadallee<br />

Alex Simmons<br />

Advertising<br />

Anthony Cave 0203 603 7934<br />

Printers<br />

Warners (Midlands) Plc<br />

2015 subscriptions<br />

UK: £85 per annum<br />

Overseas: £105 per annum<br />

Single copies: £10.00<br />

CREDIT MANAGEMENT<br />

<strong>CM</strong><br />

You’ll find it at<br />

www.cicm.com Just log<br />

on to the Members’ area,<br />

and click on the tab labelled<br />

“Credit Management online”.<br />

Reproduction in whole or part is forbidden without specific<br />

permission. Opinions expressed in this magazine do not,<br />

unless stated, reflect those of the Chartered Institute of Credit<br />

Management. The Editor reserves the right to abbreviate letters if<br />

necessary. The Institute is registered as a charity. The mark ‘Credit<br />

Management’ is a registered trade mark of the Chartered Institute<br />

of Credit Management.<br />

ISSN 0265-2099<br />

Audit Bureau of Circulations<br />

July 2012-September 2013:<br />

Average net circulation 7073<br />

the<br />

Editor’s<br />

column<br />

RAISING A GLASS<br />

TO BETTER PAYMENT<br />

BEHAVIOUR<br />

BIG companies are often criticised<br />

for the way they treat their smaller<br />

suppliers and they don’t come much<br />

bigger than Diageo.<br />

Last month, the drinks giant sent out<br />

a letter to its suppliers that set the alarms<br />

bell ringing. It implied that the firm was<br />

looking to move its payment terms from 60<br />

days to 90 days (from receipt of invoice),<br />

and appeared to justify the change by<br />

benchmarking its future model with the<br />

behaviour and culture of ‘… a number of<br />

industry and large organisations…’<br />

Perhaps not surprisingly, the letter was<br />

quickly leaked. Concerns were raised within<br />

the media, with a particular emphasis<br />

on Diageo’s status as a signatory to the<br />

Prompt Payment Code (PPC). The Code,<br />

administered on behalf of the Government<br />

by the Chartered Institute of Credit<br />

Management (CI<strong>CM</strong>), has been much in<br />

the spotlight of late. The Government,<br />

as reported in this magazine, has only<br />

recently announced a series of changes that<br />

enhance the Code’s enforcement powers,<br />

and this was its first major test.<br />

On being approached by the CI<strong>CM</strong><br />

Diageo, to its credit, quickly sought to<br />

clarify its position and its commitment to<br />

treating the supply chain fairly. It insisted<br />

that its standard supplier terms were not<br />

changing, and that no supplier would be<br />

required to move to longer payment terms<br />

to secure future business.<br />

The CI<strong>CM</strong>, for its part, later praised<br />

Diageo for clarifying its position, describing<br />

it as ‘a victory for Diageo, its suppliers,<br />

and all those that seek to create better<br />

behaviour, culture and understanding of<br />

payment issues.’ (see news page 9).<br />

Diageo’s actions may not be judged so<br />

benevolently, and with such understanding,<br />

by others. Indeed its people might yet be<br />

accused, perhaps unfairly, of executing<br />

something of a climb down. But does it<br />

really matter?<br />

Detractors of the PPC have tended to<br />

say that the Code lacks ‘teeth’. That it has<br />

‘failed’. Really? Despite it being a voluntary<br />

Code, Diageo thought it of sufficient<br />

importance to become a signatory, one of<br />

1800 firms who have so far come to the<br />

same decision. It has also subsequently<br />

defended its right to remain, and go on<br />

record to confirm its 60-day terms. That<br />

sounds like a Code that is working to me.<br />

The CI<strong>CM</strong>, for its part, later praised Diageo<br />

for clarifying its position, describing it as ‘a victory<br />

for Diageo, its suppliers, and all those that seek to<br />

create better behaviour, culture and understanding<br />

of payment issues ...<br />

<br />

4<br />

<strong>April</strong> 2015 www.cicm.com<br />

The recognised standard in credit management


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CI<strong>CM</strong> NEWS<br />

<strong>CM</strong>NEWS<br />

A<br />

round-up<br />

of news stories<br />

from the world<br />

of consumer and<br />

commercial<br />

credit.<br />

By SEAN FEAST<br />

RISE IN COURT FEES<br />

AGAINST THE PRINCIPLES<br />

OF MAGNA CARTA<br />

<br />

THE legal and credit industries have<br />

reacted with dismay and some<br />

anger to the decision by the House<br />

of Lords to agree to the Ministry<br />

of Justice’s proposal to increase fees for<br />

money claims, and the speed with which<br />

the proposals will come into force.<br />

From 9 March, a new tariff was<br />

introduced changing the way fees<br />

are charged in both ‘specified’ and<br />

‘unspecified’ money claims, primarily<br />

impacting proceedings for the recovery<br />

of money on claims worth £10,000 or<br />

more. In certain values of claims, fees<br />

have increased by a staggering 622%,<br />

an increase roundly criticised by the Law<br />

Society as being ‘tantamount to selling<br />

justice contrary to the principles of Magna<br />

Carta’.<br />

Law Society president Andrew<br />

Caplen said that the Government's<br />

policy on 'enhanced court fees' amounts<br />

RESEARCH published by the Financial<br />

Conduct Authority (FCA) reveals that some<br />

vulnerable consumers seeking help from<br />

financial providers are meeting ‘a computer<br />

says no’ approach, putting them at risk of<br />

further detriment.<br />

The FCA's Occasional Paper on<br />

Consumer Vulnerability is described as the<br />

first step in a conversation with firms to<br />

determine how the regulator and industry<br />

can work together to address issues around<br />

vulnerability. The UK’s aging population,<br />

as well as changing trends in public health<br />

and society, means that developing more<br />

to a flat tax on those seeking justice:<br />

'The government's hikes will price the<br />

public out of the courts and leave small<br />

businesses saddled with debts they are<br />

due but unable to afford to recover,” he<br />

said. “State provision for people to redress<br />

wrongs through the courts is the hallmark<br />

of a civilised society.”<br />

Charles Wilson FI<strong>CM</strong>, Chairman and<br />

Managing Director of Lovetts, agrees that<br />

a civilised society supports its legal system<br />

so that all can get access to Justice.<br />

But, he says, such swingeing increases<br />

threaten all SMEs because the business<br />

user and creditor (who is already paying<br />

more than cost) may be denied access<br />

to justice for a major debt which might<br />

destroy their livelihood.<br />

“It is inevitable that creditors will be<br />

directed towards going straight into<br />

Insolvency proceedings (as it is currently<br />

cheaper) which will clutter up our<br />

FIRMS CHALLENGED TO REVIEW APPROACH TO VULNERABILITY<br />

inclusive policies will become increasingly<br />

important.<br />

The FCA’s research shows that many<br />

consumer protection policies are designed<br />

for a ‘typical’ consumer and sometimes<br />

not flexible enough to capture individual<br />

situations. Therefore, if frontline staff<br />

can recognise the signs of potential<br />

vulnerability, they can more easily refer<br />

customers to specialist support where<br />

appropriate.<br />

Consumer organisations have also told<br />

the FCA that they are seeing people in<br />

difficult circumstances inevitably struggling<br />

‘traditional’ court systems with volume<br />

claims that they were not designed to<br />

carry,” he says.<br />

“This means that the tactics of how to<br />

recover debt cost-effectively become even<br />

more important, and hence, the advice<br />

at an early stage from skilled specialists<br />

will be even more necessary for the credit<br />

manager.”<br />

Philip King, Chief Executive of the<br />

Chartered Institute of Credit Management<br />

(CI<strong>CM</strong>), is especially concerned about<br />

the speed with which the new fees have<br />

been introduced: “The level of opposition<br />

from a broad range of bodies suggests the<br />

consequences haven’t been fully thought<br />

through,” he said.<br />

“The legal process should provide<br />

a vehicle through which creditors can<br />

recover unpaid debt and increases of this<br />

magnitude may serve simply to undermine<br />

that process.”<br />

with rigid policies within some firms,<br />

exacerbating already stressful situations.<br />

The FCA’s research suggests that<br />

most problems relate to poor interaction<br />

or systems and that some consumers are<br />

overwhelmed by complex information and<br />

find it hard to distinguish between marketing<br />

and important product messages.<br />

The Occasional Paper includes a<br />

Practitioners’ Pack to support firms’<br />

understanding of how they can generate<br />

better outcomes and develop more inclusive<br />

services for vulnerable consumers.<br />

fca.org.uk/consumer-vulnerability.<br />

6<br />

<strong>April</strong> 2015 www.cicm.com<br />

The recognised standard in credit management


DRINKS GIANT FORCED TO<br />

CLARIFY PAYMENT TERMS<br />

<br />

THE Chartered Institute of Credit<br />

Management (CI<strong>CM</strong>) has welcomed<br />

the decision by Diageo, the global<br />

drinks company, to clarify its<br />

payment terms to suppliers and commit to<br />

a maximum 60-day payment terms for all<br />

SMEs in the UK.<br />

The decision follows a series of<br />

meetings and discussions between Diageo<br />

and the CI<strong>CM</strong> which administers the<br />

Prompt Payment Code (PPC) on behalf of<br />

the Department for Business, Innovation<br />

and Skills (BIS) and whose chief executive,<br />

Philip King, is the co-Chair of the newly<br />

formed PPC Advisory Board.<br />

Diageo is one of more than 1,800<br />

signatories to the Code, but was criticised<br />

for appearing to change payment terms<br />

to suppliers without consultation, and<br />

therefore not acting in the spirit of the<br />

code and at risk of breaking it. The CI<strong>CM</strong><br />

intervened to seek clarification after<br />

concerns were raised and Diageo’s status<br />

as a signatory was challenged.<br />

David Cutter, President, Supply<br />

and Procurement for Diageo said that<br />

Diageo acknowledged that an original<br />

letter sent to suppliers caused confusion<br />

and reaffirmed its commitment to its<br />

suppliers and its desire in particular to<br />

support SMEs: “We want to clarify that<br />

our standard supplier payment terms have<br />

not changed and no supplier would be<br />

required to move to longer payment terms<br />

in order to secure future business.<br />

“We fully recognise the importance<br />

of SMEs to the UK economy and to the<br />

sustainability of our own business and<br />

therefore we will commit to a maximum 60<br />

day term for all SMEs in the UK.”<br />

Mr Cutter also clarified concerns over<br />

Diageo’s supplier financing offering: “Our<br />

offer of supplier financing is not connected<br />

in any way to payment terms,” he<br />

continued. “Since launching the scheme<br />

in November 2012 it has been, and it will<br />

continue to be, available to suppliers on 60<br />

day, or indeed fewer days.”<br />

Mr King says that the drinks firm risked<br />

becoming the first major business to be<br />

de-listed from the Code: “The Prompt<br />

Payment Code has been strengthened<br />

recently to give it greater enforcement<br />

‘teeth’ and this was its first major<br />

challenge,” he said.<br />

“I am pleased that Diageo has sought<br />

to clarify its position and confirm its<br />

commitment to treating the supply<br />

chain fairly. It is a victory for Diageo, its<br />

suppliers, and all those including the<br />

CI<strong>CM</strong> and BIS that seek to create better<br />

behaviour, culture and understanding of<br />

payment issues.”<br />

The recognised standard in credit management www.cicm.com <strong>April</strong> 2015 7


CI<strong>CM</strong> NEWS<br />

THE Credit Services Association (CSA)<br />

has launched a series of bespoke<br />

Forums for members to discuss, share<br />

and collaborate on key issues regarding<br />

compliance.<br />

The Compliance Forums, announced at<br />

the CSA’s Members’ Meeting and Annual<br />

General Meeting in February, will be very<br />

inclusive in their nature, according to CSA’s<br />

Regulatory and Corporate Counsel Gillian<br />

Tiplady: “Our aim is to develop a collegiate<br />

approach to compliance amongst the<br />

members and provide a broader range of<br />

coverage of the developing FCA issues,”<br />

she says.<br />

The content of each Forum will be partly<br />

CSA LAUNCHES NEW COMPLIANCE FORUMS<br />

devised by the CSA but also determined<br />

by the participants. The CSA will be inviting<br />

members to request topic areas or ask<br />

specific questions in the lead up to the<br />

Compliance Forum.<br />

“Members will be asked to complete<br />

a pro-forma detailing issues they are<br />

grappling with,” explains Gillian, “or areas<br />

of compliance where they are not sure of<br />

the best approach. The CSA will prepare an<br />

agenda for each Forum in response to the<br />

current issues, which will be shared with<br />

attendees in advance of the meeting to<br />

help them better prepare.”<br />

The sessions, which will be held<br />

every two to three months, are aimed at<br />

compliance officers and in-house lawyers,<br />

and also those studying at Level 3 and 5<br />

Diploma level. Each session will involve<br />

a presentation on an agreed subject<br />

area, and where appropriate an FCA<br />

spokesperson will be invited to answer<br />

members’ concerns. The format of the<br />

meeting will follow the issues raised as<br />

the agenda, working through them as a<br />

group and giving people the opportunity to<br />

contribute their views.<br />

The first meeting was held on 10<br />

March. For more information, contact<br />

Claire Aynsley at claire.aynsley@csa-uk.<br />

com or Gillian Tiplady at Gillian.tiplady@<br />

csa-uk.com.<br />

BIG FIRMS SHOULD PAY SMALL<br />

SUPPLIERS IN 30 DAYS<br />

THE Government-backed Prompt Payment<br />

Code, administered by the Chartered<br />

Institute of Credit Management (CI<strong>CM</strong>), will<br />

now promote 30-day payment terms as<br />

standard, with signatories committing to pay<br />

within a 60-day maximum limit. Unless these<br />

firms can prove exceptional circumstances,<br />

they will be removed from the Code.<br />

The change will be rigorously enforced<br />

by the new Code Compliance Board,<br />

which will include individuals from business<br />

representative bodies who will investigate<br />

challenges made against signatories to the<br />

Code by their suppliers. The Compliance<br />

Board will remove signatories found to<br />

be in breach of the Code’s principles and<br />

standards.<br />

More than 1,800 businesses and<br />

public authorities have so far committed<br />

to these principles, which include paying<br />

suppliers within an agreed timeframe and<br />

communicating with them effectively.<br />

Business Minister Matthew Hancock<br />

says making small businesses wait an<br />

unreasonable time for payment is entirely<br />

unacceptable: “I know first-hand the great<br />

burden that late payment can place on firms<br />

– and how it can strain family finances –<br />

which is why I am committed to stopping it.<br />

“Big companies should lead by example<br />

and pay small suppliers within 30 days. I<br />

have already written to the FTSE 350 urging<br />

them to sign up to the Prompt Payment<br />

Code.”<br />

The change follows a Downing Street<br />

summit and a meeting of the Prompt<br />

Payment Code Advisory Board, which was<br />

co-chaired by Matthew Hancock and Philip<br />

King, Chief Executive of CI<strong>CM</strong>.<br />

Businesses will be actively encouraged<br />

to start complying with the strengthened<br />

Prompt Payment Code with immediate<br />

effect and this will complement the tougher<br />

reporting laws in the Small Business,<br />

Enterprise and Employment Bill.<br />

These new laws will force the UK’s largest<br />

companies to publish their payment terms,<br />

increasing transparency and empowering<br />

small businesses. The Code Compliance<br />

Board will be able to use this data to review<br />

the status of signatories to the Code and<br />

challenge those that either do not pay their<br />

suppliers promptly or insist on excessively<br />

long standard terms.<br />

Philip King says the Prompt Payment<br />

Code has had a significant impact in<br />

challenging payment practices and creating<br />

a debate and dialogue around the behaviour<br />

and culture of late payment that did not<br />

previously exist – a fact borne out in the<br />

recent joint CI<strong>CM</strong>/BIS survey:<br />

“I am delighted that we have now agreed<br />

to further strengthen the Code, giving it more<br />

structure and introducing a Compliance<br />

Board to build on the success of challenges<br />

to date.<br />

“The 60-day maximum is also to be<br />

welcomed, and the decision of the Advisory<br />

Board is an indication of how far the debate<br />

and sentiment has moved since the Code<br />

was launched, leading to a recognition that<br />

ethical treatment of the supply chain should<br />

be an imperative.”<br />

A joint CI<strong>CM</strong>/BIS survey in December<br />

2014 found that 72 percent of signatory<br />

responses supported the introduction of a<br />

maximum payment target and 63 percent<br />

of these thought that the term should be 60<br />

days.<br />

Introducing a maximum payment term<br />

to the Prompt Payment Code had been<br />

raised during Parliamentary debates of the<br />

Small Business, Enterprise and Employment<br />

Bill.<br />

NEWS IN BRIEF<br />

RIMILIA TO LAUNCH NEW<br />

SUMMER COLLECTION<br />

Rimilia, the credit management software<br />

business, has hinted at the launch of a new<br />

suite of cash allocation products that take<br />

advantage of Robotic Process Automation<br />

technology.<br />

Speaking exclusively to Credit<br />

Management, Rimilia Commercial<br />

Director, Steve Richardson, said that the<br />

new products would feature intelligent<br />

decision making and software that would<br />

continually ‘learn’: “We have taken lessons<br />

from gaming software to develop new cash<br />

allocation products that will be both easy<br />

and intuitive to use, and where the return<br />

on investment can be quickly realised,” he<br />

said.<br />

Mr Richardson suggested that as<br />

high as 95 percent of all cash allocation<br />

decisions would be automated, and the<br />

user given ‘prompts’ to determine how<br />

and where the remaining five percent<br />

should be allocated. “We see the credit<br />

management world as a gateway to<br />

sales and supporting a company’s future<br />

growth,” he added.<br />

Details of the new products are<br />

expected to be announced in the early<br />

summer.<br />

A NOVEL AFFAIR<br />

Pictured is Christine<br />

Laird FCI<strong>CM</strong>, the winner<br />

of the CI<strong>CM</strong> UK Credit<br />

Managers' Index for Q4<br />

2014 participants’ draw<br />

for a Kindle HD, kindly<br />

donated by Corporate<br />

Partner, Tinubu Square.<br />

8<br />

<strong>April</strong> 2015 www.cicm.com<br />

The recognised standard in credit management


CI<strong>CM</strong> WELCOMES MOVE TO BRING GREATER CLARITY ON IPs FEES<br />

THE Chartered Institute of Credit<br />

Management (CI<strong>CM</strong>) has welcomed<br />

the announcement by the Business<br />

Minister Jo Swinson that will oblige<br />

Insolvency practitioners (IPs) to provide<br />

upfront estimates of the cost of working<br />

on insolvency cases, thus ending the<br />

uncertainty of unlimited hourly charges.<br />

Philip King, Chief Executive of the<br />

CI<strong>CM</strong>, said that the news was a victory for<br />

common sense: “The CI<strong>CM</strong> has been vocal<br />

in wanting to see up-front estimates for<br />

work undertaken so the element of surprise<br />

is removed further down the road in the<br />

insolvency procedure,” he says.<br />

“The introduction of new rules is<br />

therefore to be strongly welcomed as are<br />

any well-considered actions that help to<br />

bring greater confidence to creditors and<br />

transparency in the fees that are charged.”<br />

In a busy time for the insolvency<br />

profession, Philip also welcomed an<br />

initiative by R3, the insolvency trade body,<br />

to launch a website designed to guide<br />

creditors through the insolvency process.<br />

HMRC has released its long-awaited<br />

statistics on the cost to taxpayers of<br />

operating the controversial UK antiavoidance<br />

measure. But the information<br />

HMRC is able to provide only covers half<br />

the story, says the ACCA (the Association of<br />

Chartered Certified Accountants).<br />

Jason Piper, ACCA’s tax technical<br />

manager, says that the wider costs of IR35<br />

are beyond what HMRC has the remit<br />

or resources to reasonably investigate:<br />

“Government has clearly identified a risk<br />

that it wants to address, but it’s important to<br />

make sure that the mechanisms used are the<br />

best that we can craft,” he said.<br />

BUSINESSES in the UK received an all-time<br />

high £19.4 billion of funding through asset<br />

based finance in Q4 2014, an increase of<br />

£1.6 billion on the same period a year ago,<br />

says the Asset Based Finance Association<br />

(ABFA).<br />

This jump in the use of invoice finance<br />

and asset based lending is now primarily<br />

driven by businesses funding growth plans<br />

rather than replacing their use of traditional<br />

term loans or overdrafts.<br />

According to the research, businesses<br />

are now using 38 percent more asset based<br />

finance than at the height of the recession<br />

in December 2009, when £14.1 billion<br />

was provided. 80 percent of asset based<br />

finance is invoice finance, while the other 20<br />

percent represents the fast-growing area of<br />

AVOIDING THE ISSUE<br />

The site, www.creditorinsolvencyguide.<br />

co.uk, explains in simple terms how<br />

creditors can engage with the insolvency<br />

process to increase their chances of<br />

seeing money returned to them, approve<br />

insolvency fees, and see action taken<br />

against fraudulent or negligent directors or<br />

bankrupts.<br />

Built with the support of the CI<strong>CM</strong>,<br />

Philip presented at the formal launch of<br />

the site on March 3rd: “Insolvency can<br />

be seemingly complex and difficult to<br />

understand,” he says, “but a vital part of<br />

the process is in encouraging creditors to<br />

engage with insolvency practitioners to help<br />

maximise recoveries.<br />

“Understanding how insolvency<br />

procedures work, and the terminology<br />

used, is key to successful engagement, and<br />

the CI<strong>CM</strong> has been pleased to support this<br />

initiative by R3. It is a major step forward<br />

in demystifying insolvency and provides<br />

practical, pragmatic advice that will be<br />

welcomed by our members and the wider<br />

business community.”<br />

ALL-TIME HIGH FOR ASSET BASED FINANCE<br />

asset based lending. Jeff Longhurst, Chief<br />

Executive of the ABFA explains that there is<br />

also another £20.5 billion of unused facilities<br />

agreed with businesses which they could<br />

draw down if they required it:<br />

“Having finance in place that allows you<br />

to move faster than your competitor allows<br />

you to fill orders quicker, make quicker hiring<br />

decisions, secure those new premises and<br />

take market share quicker.<br />

“So getting your request for funding<br />

approved with a rapid turnaround is really<br />

important. With invoice finance you can<br />

rapidly scale up or down the amount of<br />

money you borrow. With other funding<br />

products it can take months before you<br />

can get finance approved and the funds in<br />

place.”<br />

Giles Frampton, R3 president, agrees that<br />

creditor engagement is integral to the smooth<br />

running of insolvency processes: “It is a core<br />

part of a strong, fair, and trusted insolvency<br />

regime,” he says. “The more creditors get<br />

involved, the more effective the insolvency<br />

process is.<br />

“The insolvency profession, government,<br />

and creditor groups have been determined to<br />

make it easier for creditors, particularly small<br />

businesses, to engage in insolvencies. This<br />

website is an important part of that effort.”<br />

Creditors are invited to provide key<br />

information about directors’ and individuals’<br />

behaviour, help locate hidden assets,<br />

and help oversee the work of insolvency<br />

practitioners: “The UK has a world class<br />

insolvency regime, but it is always open to<br />

improvement," Giles adds.<br />

The new website contains a step-by-step<br />

guide on how different insolvency processes<br />

work, a guide to insolvency terminology, and<br />

tips on how to help oversee the running of the<br />

insolvency process. (see interview page 12).<br />

NEWS IN BRIEF<br />

HAVE YOUR SAY<br />

P&A Receivables Services is launching its<br />

2015 Global Credit Survey on 7 <strong>April</strong> with the<br />

results being published on 1 June. Running<br />

for its fourth year, the survey monitors<br />

overseas trading issues and concerns,<br />

trading experiences, payments, requests<br />

for extended terms, risk management<br />

and the outlook for future business.<br />

P&A is being supported this year by the<br />

Institute of Financial Accountants (IFA), the<br />

Chartered Institute of Credit Management<br />

(CI<strong>CM</strong>), Sheffield Hallam University, Hays<br />

Recruitment and The Association for Credit<br />

in Central and Eastern Europe (ACCEE).<br />

https://www.surveymonkey.com/r/SDM83K5.<br />

WHEELS IN MOTION<br />

FIGURES released by the Finance &<br />

Leasing Association (FLA) show that<br />

consumer new car finance volumes fell by<br />

three percent in January 2015 compared<br />

with the same month in 2014, but<br />

remained 11 percent up in the 12 months<br />

to January. The percentage of private new<br />

car sales financed through dealerships by<br />

FLA members reached a new high of 76.2<br />

percent in the 12 months to January 2015.<br />

Consumer used car finance volumes grew<br />

by three percent in January and by 12<br />

percent in the 12 months to January 2015.<br />

The recognised standard in credit management www.cicm.com <strong>April</strong> 2015 9


LATE PAYMENT CONTINUES<br />

TO RESTRICT GROWTH<br />

LATE payment to construction firms is the<br />

top issue stifling the industry’s growth,<br />

according to a survey by Bibby Financial<br />

Services (BFS).<br />

The Planning for Growth report –<br />

produced in conjunction with construction<br />

specialists The Vinden Partnership (TVP)<br />

– saw 53 percent of SMEs citing late<br />

payment as a key challenge.<br />

Helen Wheeler, Managing Director<br />

of Construction Finance at BFS, says<br />

the issue threatens the survival of many<br />

viable companies in the UK: “Our research<br />

shows that there are substantial barriers<br />

for subcontractors and small construction<br />

firms to overcome.<br />

“This has a huge impact throughout the<br />

entire supply-chain and will undoubtedly<br />

affect the performance of the construction<br />

sector this year.”<br />

Almost half of construction firms (47<br />

percent) see a shortage of skilled workers<br />

as one of the biggest threats to their<br />

business, with many (39 percent) citing<br />

increasing levels of red tape as a serious<br />

concern.<br />

“There are opportunities available in<br />

the construction sector, but many firms<br />

are unable to take on work due to a lack<br />

of working capital. Late payment causes<br />

significant cashflow issues and exposes<br />

businesses to risks brought about by the<br />

inability to pay suppliers and workers.”<br />

New statistics from Nucleus<br />

Commercial Finance, however, suggest<br />

signs of a further strengthening of the<br />

construction sector and a return to<br />

increased confidence.<br />

Not only did Nucleus, a CI<strong>CM</strong> British<br />

Credit Awards winner, see the volume of<br />

deals triple in the last 12 months, but<br />

more importantly it saw the turnovers of<br />

clients within its construction portfolio<br />

increase by an average of 25 percent,<br />

allowing more cash for investment to be<br />

released.<br />

Chirag Shah, Chief Executive of<br />

Nucleus Commercial Finance, says that<br />

Construction firms are clearly enjoying<br />

a period of sustained recovery: “An<br />

increase in turnover demonstrates a clear<br />

increase in confidence,” he says, “and an<br />

increased confidence in bidding for new<br />

contracts. It is one of the real success<br />

stories of a recovering economy; success<br />

is breeding further success.”Nucleus<br />

reports demand for cash from all elements<br />

of the construction industry and the<br />

construction supply chain, and especially<br />

in ‘pure’ construction – namely scaffolders,<br />

groundworks providers, plasterers, brick<br />

makers etc.<br />

NEWS IN BRIEF<br />

MAS ACCREDITATION<br />

CI<strong>CM</strong> Money and Debt Advice<br />

qualifications, which are Ofqual regulated,<br />

have now achieved accreditation against<br />

the Money Advice Service (MAS) Quality<br />

Framework for Initial Contract, Support<br />

Work and Advice Work. This means that<br />

learners who achieve these qualifications<br />

will have met recognised benchmark<br />

standards for the debt advice industry.<br />

There is a range of MAS accredited training<br />

available to support preparation for the<br />

qualifications (see MAS website for details).<br />

Also learners will be able to purchase a<br />

CI<strong>CM</strong> study guide for the CI<strong>CM</strong> Award in<br />

General Money and Debt Advice from May<br />

on Amazon.<br />

TRAILBLAZER APPRENTICES<br />

BIS has approved an employer bid to<br />

develop a Credit Controller Trailblazer<br />

Apprenticeship standard. Apprentices<br />

will gain knowledge about all aspects of<br />

credit management from credit application<br />

processing and credit risk assessment to<br />

collections and debt recovery, and skills<br />

specifically in telephone collections. CI<strong>CM</strong><br />

encourages employers to provide feedback<br />

on emerging arrangements and to contact<br />

the Chartered Institute if they are interested<br />

in taking on apprentices in January 2016.<br />

PAYDAY LENDERS FAILING<br />

CUSTOMERS IN ARREARS<br />

THE payday industry is beginning to take<br />

a more customer-focused approach to its<br />

business, but a review of the first 12 months<br />

of the Financial Conduct Authority’s (FCA)<br />

regulation of the sector has shown that too<br />

many firms have been failing to meet the<br />

requirements to treat customers in arrears<br />

fairly.<br />

In March 2014 the FCA announced it<br />

would carry out a thematic review into how<br />

payday lenders and other high cost short<br />

term credit providers collect debts and treat<br />

borrowers who experience financial difficulty.<br />

The review, which covered 60 percent of the<br />

market, revealed unacceptable practices<br />

from many lenders, including failures to<br />

recognise customers in financial difficulty,<br />

failure to direct people to free debt advice<br />

and firms offering inflexible repayment<br />

options.<br />

However, the FCA’s work also showed<br />

that many firms have taken steps over the<br />

past 12 months to change behaviour and<br />

ensure that they are able to meet the FCA’s<br />

requirements. These include changes to<br />

senior management, training staff to deal<br />

with struggling customers and improving<br />

monitoring, compliance and managing risk.<br />

The FCA found serious non-compliance<br />

and unfair practices in all firms that it<br />

reviewed, leading to poor outcomes for<br />

many customers and in some cases, serious<br />

detriment and financial loss.<br />

Reviews of three firms revealed a<br />

backlog of letters and documentation,<br />

including from vulnerable customers who<br />

had fallen behind in repayments. This<br />

documentation included medical evidence<br />

and letters from debt advisors providing<br />

crucial information about why some<br />

customers were failing to pay. Upon further<br />

investigation it was revealed that some of<br />

these customers were still being pursued by<br />

collection agents.<br />

CI<strong>CM</strong> IN BRIEF<br />

This month’s CI<strong>CM</strong> Brief includes...<br />

details of the Credit Risk and<br />

Compliance Masterclass, the<br />

latest Credit Managers' Index,<br />

and the Success with Technology<br />

Solutions Masterclass.<br />

<br />

10<br />

<strong>April</strong> 2015 www.cicm.com<br />

The recognised standard in credit management


INSOLVENCY NEWS<br />

END OF TERM REPORT<br />

THE Insolvency Service (IS) annual<br />

report, ostensibly a review of 2014,<br />

reads a little like an end of term<br />

report. Published just before the<br />

pre-election lock down, it summarises<br />

a number of different strands of activity,<br />

many of which have been in the making<br />

throughout the lifetime of this Government.<br />

By way of introduction, and<br />

perspective, the IS rightly reminds us<br />

that most of the regulatory activity is<br />

undertaken fairly, professionally and<br />

effectively. There is a recognition though<br />

that a lack of understanding of the regime<br />

by stakeholders can mean that much<br />

of the good work is in danger of being<br />

eclipsed by unfulfilled expectations. In<br />

particular here I think the IS is referring<br />

to some complainants, whose demands<br />

may be unrealistic. All the regulators will<br />

have had experience of cases in which<br />

the deployment of resources has been<br />

disproportionate to the degree of alleged<br />

misconduct. Those cases divert effort<br />

away from more serious matters.<br />

The key to addressing this is in part<br />

transparency. More publicly available<br />

information, centralised and easily<br />

accessible, for example regarding<br />

outcomes involving some form of sanction,<br />

will help. This will highlight any major<br />

differences between regulators, and the IS<br />

has a key role to play here in making sure<br />

there is a level playing field.<br />

The Bills before parliament include<br />

measures to introduce regulatory<br />

objectives and sanctions against<br />

regulators, but the real impact of those<br />

will depend on the IS's willingness to<br />

tackle departures from the standards it<br />

sets. The annual report shows there are<br />

some inconsistencies that have yet to be<br />

ironed out. The existence and continuation<br />

of some apparently material differences<br />

is disappointing in a mature regulatory<br />

regime. It seems there is much still to be<br />

done, and the longer the present situation<br />

persists, the greater is the prospect<br />

of calls for use of the Bill’s backstop<br />

provision for a single regulator. That is<br />

contrary to the IS’s stated intention of<br />

seeing the present regime work well, but<br />

how well it works is in some respects<br />

down to the IS itself, in its capacity as<br />

oversight regulator, as well as of course<br />

the individual regulators.<br />

Physical meetings<br />

Other measures in the Bill include removal<br />

of physical meetings of creditors as a<br />

default position in insolvencies. At one<br />

level this might look like a sensible red<br />

tape measure, but it flies in the face<br />

of other objectives around creditor<br />

engagement and removes practitioner<br />

discretion. A better approach would be<br />

to let practitioners make a professional<br />

judgement on a case-by-case basis.<br />

The de-regulation Bill will see partial<br />

licensing for practitioners who want<br />

to specialise in personal or corporate<br />

work. The IPA supports that move, as it<br />

increases choice. Subject to safeguards<br />

that can be built into the examination<br />

structure, this is a low risk innovation.<br />

Practitioner fees receive only a passing<br />

mention in the report but the IS has<br />

published its plans for fee estimates,<br />

based on representations made by the<br />

profession and others. More on that in a<br />

later edition.<br />

Pre packs continue to absorb a lot<br />

of time and effort. Interesting to note<br />

that there were 250 connected party<br />

translations in 2014. The new prepack<br />

pool should be up and running shortly,<br />

and CI<strong>CM</strong>, R3, IPA and other regulators<br />

along with some other stakeholders wrote<br />

to Vince Cable to confirm support for and<br />

a commitment to the new system. A new<br />

SIP16 should be out by the time you read<br />

this.<br />

Standards setting through the Joint<br />

Insolvency Committee chaired by Philip<br />

King continues its work, and issued new<br />

guidance on Reservation of Title last year.<br />

Complaints were made through the<br />

gateway for the whole of 2014, its first<br />

full calendar year of operation. Seventy<br />

five to 80 percent of the complaints made<br />

were passed to regulators for further<br />

enquiry, the remainder being rejected by<br />

the IS gateway staff. IVAs accounted for<br />

about 1/3 of complaints in 2014. Nearly<br />

half of all complaints were from debtors,<br />

and this represents a significant change,<br />

as historically the majority of complaints<br />

have come from creditors. PPI-related<br />

complaints have featured strongly.<br />

This year will see changes to the<br />

regulatory environment, with one or<br />

more of the current regulators probably<br />

withdrawing and some consequent<br />

rationalisation in the insolvency market.<br />

Legislative changes in October, to be<br />

followed by Rules consolidation in early<br />

2016, provide plenty of scope for debate<br />

in the coming months. The real challenge<br />

comes in the perceptions of creditors<br />

and others about the effectiveness of the<br />

regime, and that is an open question.<br />

David Kerr MCI<strong>CM</strong> is the<br />

Chief Executive of the Insolvency<br />

Practitioners Association (IPA).<br />

CREDIT MANAGEMENT<br />

<strong>CM</strong><br />

<br />

The recognised standard in credit management www.cicm.com <strong>April</strong> 2015 11


INTERVIEW<br />

THE SINGING<br />

DETECTIVE<br />

<br />

Sean Feast caught up with the outgoing President<br />

of R3 and reflects upon a busy time for the insolvency<br />

profession.<br />

THERE is something about the<br />

insolvency profession, and<br />

investigation work in particular, that<br />

has excited Giles Frampton from<br />

the beginning. He sees it as a challenge:<br />

“Finding out what happened, why it<br />

happened, and where the money went is a<br />

rewarding intellectual exercise,” he explains.<br />

“I have been involved in cases where<br />

the behaviour of individuals has been so<br />

strange, and so unbelievable, that even<br />

now I am disinclined to say more. Both as<br />

an investigating accountant, and as an IP,<br />

you will always be alert to fraud, but for<br />

everyone who is caught, there must be<br />

many others who simply get away with it.”<br />

It would be wrong to say that Giles<br />

‘fell’ into accountancy, or insolvency, but<br />

it would be equally misleading to suggest<br />

it was part of a grand plan. As the son<br />

of a naval officer, born in St George’s<br />

Hospital at Hyde Park Corner, Giles lived<br />

the peripatetic life familiar to all children<br />

born of Service parents: “Name a county on<br />

the south coast and I have probably lived<br />

there,” he jokes.<br />

After schooling in Nottingham and<br />

Chester (his father had worked for Rolls<br />

Royce for a time, giving the young Giles<br />

his first experience of receivership) he<br />

won a place to study Philosophy, Politics<br />

and Economics at Christ Church, Oxford,<br />

a contemporary of Howard Goodall CBE,<br />

the English composer, and the MP David<br />

Willetts among others. He remembers it as<br />

a happy time, not least because it gave him<br />

the chance to indulge in his great passion.<br />

Music.<br />

“I enjoyed Oxford very much,” he says.<br />

“Most of my time was spent playing my<br />

violin and singing, although I did do just<br />

enough work to get a second!”<br />

It was while he was at University,<br />

however, that he first became interested<br />

in accountancy: “As a young man I<br />

always wanted to be a lawyer but my<br />

plans changed,” he says. “I opted for<br />

PPE because it interested me. Then in<br />

my second year I spent six weeks at the<br />

accountants Peat Marwick Mitchell in<br />

Birmingham and was fascinated by it all.<br />

These were the days when sales ledgers<br />

were enormous books with inked entries<br />

in green, blue and red, and you had to<br />

remember which colour to use for that<br />

year's audit.”<br />

While he was there, he helped to<br />

uncover a fraud, discovering an invoice for<br />

£25,000 ‘for services supplied’ but no other<br />

detail. It was the start of an interest that has<br />

sustained a career for more than 30 years.<br />

Giles went down (in the Oxbridge<br />

parlance) in 1979, determined to become<br />

an accountant: “I knew I did not want<br />

to enter academia and wanted to earn<br />

some money,” he jokes. “I knew that a<br />

qualification was important, and saw with<br />

accountancy that it opened the door to<br />

a world of opportunity. I also recognised<br />

later in life (at the risk of upsetting any<br />

careers masters) that you don’t need to<br />

do an accountancy degree to become<br />

an accountant. Indeed you probably<br />

shouldn’t!”<br />

Giles trained as a Chartered Accountant<br />

with Thomson McLintock, and joined the<br />

Plymouth office of Peat Marwick Mitchell<br />

in 1984 to focus on insolvency work. (“I<br />

came in with the 1986 Act!”) His first<br />

major insolvency case was the Berkeley<br />

Applegate liquidation, one that is still cited<br />

in case law on a regular basis. He obtained<br />

his insolvency licence in 1989 and became<br />

a Partner in what had then become KPMG<br />

in 1991, before teaming up three years<br />

later with a former Grant Thornton Partner,<br />

Richard Smith, to form Richard J Smith &<br />

Co, specialising solely in corporate and<br />

personal insolvency work and in forensic<br />

accounting .<br />

One of his most challenging – and<br />

personally rewarding – cases concerned<br />

the liquidation of Ford Park Cemetery.<br />

The business responsible for running the<br />

12<br />

<strong>April</strong> 2015 www.cicm.com<br />

The recognised standard in credit management


I knew that a qualification was<br />

important, and saw with accountancy<br />

that it opened the door to a world of<br />

opportunity ...<br />

– GILES FRAMPTON<br />

CONTINUES OVERLEAF<br />

The recognised standard in credit management www.cicm.com <strong>April</strong> 2015 13


CONTINUED<br />

cemetery, and which had been formed in<br />

the 19th Century, could no longer manage<br />

its affairs and Giles was appointed as<br />

sole liquidator. The cemetery – around 34<br />

acres in the middle of Plymouth – included<br />

graves of those lost in the Titanic disaster<br />

as well as a number of war dead, and not<br />

surprisingly there was huge public interest.<br />

Giles found himself stuck between a rock<br />

(or should that be tombstone?) and the<br />

proverbial hard place:<br />

“My duty was to get the best return<br />

for the creditors,” he says, “but this was<br />

against a particularly horrendous context.<br />

The possibility of having to exhume graves<br />

to prepare the site for sale was not a<br />

pleasant one and the Section 98 meeting<br />

at the Ford Park Cemetery Chapel was<br />

particularly well attended.”<br />

Happily for Giles, and the relatives of<br />

the deceased, the cost of clearing the site<br />

outweighed the cost of the land, making it<br />

financially worthless. “We were therefore<br />

able to ‘disclaim’ it,” Giles explains, “and<br />

the cemetery passed into the hands of a<br />

local Trust that had been set up especially<br />

for the purpose.”<br />

It was a classic case of the IP being<br />

the messenger, although in this case there<br />

was a satisfactory outcome. But there are<br />

plenty of other occasions in which IPs find<br />

themselves in the firing line, accused of<br />

charging disproportionate fees or being<br />

insensitive to directors of failed or failing<br />

businesses. As Giles explains, however,<br />

IPs have to deal with the certainty of an<br />

uncertain world:<br />

“Things can easily go wrong for the<br />

IP,” he says, “such as when assets (and<br />

especially the debtor book) appear to have<br />

a value but are in fact worthless, or when<br />

stock that appears to have no ownership<br />

or retention of title seems to evaporate in<br />

front of your eyes. IPs can spend much time<br />

and energy chasing shadows through no<br />

fault of their own for issues that they cannot<br />

possibly have foreseen, and these are nearly<br />

always costs that have to be written off.”<br />

Then, Giles says, there are hostile<br />

directors and debtors: “Difficult or so-called<br />

‘hostile’ bankrupts can cause all sorts of<br />

trouble and make outrageous allegations<br />

that are difficult to take,” he says, “but the<br />

IP has to grin and bear it.”<br />

Impeccable credentials<br />

Giles’ credentials for championing<br />

the cause of IPs are impeccable.<br />

Notwithstanding his experience, Giles<br />

has also been at various times the<br />

accounting member of the Insolvency Rules<br />

Committee, an examiner for the personal<br />

insolvency paper of the Joint Insolvency<br />

Examination Board (JIEB), and chairman<br />

of the Insolvency Licensing Committee of<br />

the ICAEW. He is a co-editor of Individual<br />

Voluntary Arrangements published by<br />

Jordans.<br />

He is also, perhaps most importantly,<br />

the current serving President of R3,<br />

the Association of Business Recovery<br />

Professionals. As such he has intimate<br />

knowledge of the ongoing work his<br />

association is doing to represent its<br />

members, often in the case of severe<br />

prejudice. He tackles the issue of fees<br />

head on: “Justifying your fees is a constant<br />

challenge in any profession,” he continues.<br />

“It is not something that is unique to our<br />

industry. But the Government has now<br />

accepted that a cost/time model is the best<br />

way forward, as opposed to a percentage<br />

of realisations or a fixed fee. This helps IPs<br />

to deal with the unknown, and is probably<br />

the fairest way of charging. It is also, I<br />

believe, a pretty good measure of value.<br />

“Estimates are a good idea,” he adds.<br />

“Of course they aren’t perfect, but they do<br />

give the IP an opportunity to go back to<br />

the client after their initial investigation and<br />

revise the estimate accordingly.”<br />

Giles contests that while fees tend to hit<br />

the headlines, the number of complaints in<br />

relation to IP fees is minimal, and certainly<br />

disproportionate to the media attention<br />

they attract. So too the issue of Pre-Packs:<br />

“When Teresa Graham went on record as<br />

saying that Pre-Packs were a good thing,<br />

that was a major advance,” he says.<br />

He believes also that the idea of a<br />

‘pool’ of senior business professionals who<br />

judge whether the sale of a business to a<br />

‘connected party’ is fair and reasonable is<br />

at least one that demands (and is receiving)<br />

closer scrutiny.<br />

The Government has been especially<br />

active in reviewing the insolvency regime<br />

in recent years and all parties, the<br />

Government, the Insolvency Service, the<br />

IPs, creditors and debtors see the value in<br />

ensuring that the process is as easy and<br />

as streamlined as possible. Few would<br />

argue, for example, with the greater use of<br />

technology to facilitate meetings, but these<br />

should not be at the expense, Giles argues,<br />

of the IPs' right to call a creditors’ meeting<br />

In 2012, IPs helped rescue 6,100<br />

businesses and helped save<br />

750,000 jobs (ComRes/R3 survey).<br />

There are currently around 1,700<br />

insolvency practitioners in the<br />

UK, of whom around 1,300 take<br />

appointments<br />

Since 2010, the insolvency<br />

profession has had to respond to<br />

more than 20 pieces of legislation<br />

or government reviews.<br />

in person when the need arises: “We would<br />

not want to see this power removed,”<br />

he says. “Face-to-face meetings can be<br />

incredibly useful to question the directors<br />

or debtor in person and to collect and share<br />

information with creditors in a way that is<br />

just not possible otherwise.”<br />

The Small Business, Enterprise and<br />

Employment Bill, Giles says, includes many<br />

sensible and worthwhile provisions such<br />

as a proposal to extend administrations:<br />

“That’s a good thing,” he explains. “We<br />

would have liked to have seen no limit to<br />

the life of an administration, but adding<br />

six months to the extra time period which<br />

can be approved by creditors will cover<br />

the vast majority of cases that need to be<br />

extended.”<br />

Jackson has, of course, been a key<br />

focus for R3 and the Ministry of Justice only<br />

very recently backed down on its proposal<br />

to remove the exemption for insolvency<br />

litigation from the Legal Aid, Sentencing,<br />

and Punishment of Offenders Act. It will<br />

look at the issue again later in the year.<br />

The evidence, Giles suggests, points to<br />

the permanent exemption for insolvency<br />

litigation as being a good thing,: “Our<br />

members want creditors to get a return,”<br />

Giles stresses. “It demonstrates that we<br />

have done our job properly, and this is<br />

especially so in litigation-type cases.”<br />

It is the one blot on an otherwise<br />

encouragingly sunny landscape.<br />

Certainly there are other issues currently<br />

in R3’s sights, including the challenge<br />

of Super Priority Funding, Collective<br />

Redundancies and moratoria. Its recent<br />

Personal Insolvency Landscape paper was<br />

particularly well received and it would like to<br />

see a full review of the personal insolvency<br />

regime. It has also developed, with the<br />

support of the CI<strong>CM</strong>, a new website to<br />

guide creditors through the insolvency<br />

process (see news page 7).<br />

Since November 2014 Giles and his<br />

colleagues have between them met with<br />

30 different parliamentarians and the work<br />

continues: “It’s fair to say that R3 has been<br />

enormously busy, but we have made real<br />

progress and can point to tangible results,”<br />

he says.<br />

So does he still have time for his music?<br />

The violin has been (largely) put back in its<br />

case, though Giles still finds the time to sing<br />

in several different choirs: “On a good day,<br />

my top ‘A’s’ are still acceptable,” he laughs.<br />

14<br />

<strong>April</strong> 2015 www.cicm.com<br />

The recognised standard in credit management


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CI<strong>CM</strong>Q NEWS<br />

STRUCTURAL CHANGES BEHIND IMPELLAM’S CI<strong>CM</strong>Q ACCREDITATION<br />

IMPELLAM Group, which provides<br />

specialist-staffing services to clients<br />

through 19 different leading brands in a<br />

range of public, private and not-for-profit<br />

sectors, has recently achieved CI<strong>CM</strong>Q<br />

accreditation for the first time.<br />

The company offers managed services,<br />

specialist staffing, and support services to<br />

clients throughout the world, is the second<br />

largest staffing business in the UK and the<br />

12th worldwide.<br />

Although recognising its positive<br />

practices and attributes, Impellam felt that<br />

the CI<strong>CM</strong>Q process would enhance the<br />

40-member credit team’s strength, whilst<br />

continuing to develop resources so that<br />

best-practice was evident 100 percent of<br />

the time.<br />

A number of structural changes at the<br />

beginning of 2014, including the bringing<br />

together of various credit and billing teams<br />

within Impellam’s 19 brands under a unified<br />

shared service centre, led Beverly Sage,<br />

Billing and Credit Services Manager, to<br />

believe it was the perfect time to apply for<br />

CI<strong>CM</strong>Q.<br />

“Given the number of changes the team<br />

had been through it was a great measure<br />

to assess where we were and where we<br />

wanted to be. The team have felt involved<br />

throughout and are extremely proud of their<br />

achievements.<br />

“We already had some good working<br />

practices and a very strong team.<br />

Going through the CI<strong>CM</strong>Q process has<br />

enhanced this and given us some new<br />

ideas and encouraged everyone to work<br />

together to ensure we are continually<br />

improving.”<br />

<br />

16<br />

<strong>April</strong> 2015 www.cicm.com<br />

The recognised standard in credit management


CERTAS ENERGY’S FIRST TIME RE-ACCREDITATION<br />

CERTAS Energy UK, the UKs largest<br />

independent distributor of fuels and<br />

lubricants and whose customer base<br />

ranges from domestic consumers to multinational<br />

corporations, has achieved its first<br />

CICQM re-accreditation.<br />

Since their original 2013 accreditation,<br />

the 94-strong Credit Control team continues<br />

to fully embrace the company’s motto,<br />

‘Doing it right, together, keeps the customer<br />

happy’, providing invaluable credit risk and<br />

legal support to many industries, including<br />

aviation and agriculture.<br />

Heather Strachan, Regional Credit<br />

Manager at Certas Energy, attributes reaccreditation<br />

success to a broad range of<br />

factors, paying particular emphasiss on<br />

forging a strong relationship with the sales<br />

team:<br />

“We prioritise mutual understanding<br />

within the company, recognising the<br />

importance of working together in finding<br />

joint resolutions to particular challenges,<br />

which ultimately leads to an ever-improving<br />

customer experience,” she says.<br />

<br />

RE-ACCREDITATION SUCCESS FOR MORETONSMITH<br />

MORETONSMITH, the international<br />

receivables management specialists, has<br />

achieved CICQM re-accreditation after<br />

displaying excellent customer service.<br />

Operating in 120 countries,<br />

MoretonSmith has built extensive<br />

partnerships formed over its 20 years<br />

industry experience, and it continues to<br />

recover more of what customers are owed,<br />

at a lower cost, and with less hassle.<br />

Emphasising the immediate assurance<br />

re-accreditation gives new customers,<br />

Lauren Carter, Head of Legal Recoveries<br />

explained: “We can recover customers<br />

debts much faster, as CI<strong>CM</strong>Q proves we<br />

are a reliable, trustworthy outfit to new<br />

<br />

customers, who shorten due diligence<br />

processes.<br />

“The combination of positive<br />

reinforcement alongside future reaccreditation<br />

means everyone is motivated<br />

to continuously improve their own<br />

performance and therefore the business<br />

overall.”<br />

CI<strong>CM</strong>Q ACCREDITED COMPANIES<br />

AB Agri<br />

Revenue Management, B2B<br />

Marshalls Group Plc<br />

SEGRO UK<br />

Adecco<br />

Aggregate Industries<br />

Aimia Foods Limited<br />

Anixter Ltd<br />

Avnet Technology Solutions Ltd<br />

Brother UK<br />

BT plc (Group Collections –<br />

Business)<br />

Certas Energy<br />

Computers Unlimited<br />

Ecclesiastical Insurance<br />

EDF Energy Plc – B2B Majors –<br />

Revenue Management<br />

Essex County Council<br />

Ford Retail Ltd<br />

GeoPost UK Limited<br />

HSBC Invoice Finance (UK) Limited<br />

Hill Dickinson LLP<br />

Impellam Group<br />

Ingram Micro<br />

Intercity Telecom Ltd<br />

John Lewis Plc, Partnership<br />

Sevices.<br />

Lee Baron Limited<br />

Lease Plan UK Ltd<br />

Linden Foods<br />

Matthew Clark Wholesale Ltd<br />

MBNA<br />

Milliken Industrials Ltd<br />

MoretonSmith<br />

Muller UK & Ireland Group<br />

NHS Blood & Transplant<br />

National Grid Plc<br />

NEC Ltd<br />

npower Industrial and Commercial<br />

Pension Protection Fund<br />

QA Ltd<br />

RS Components Ltd<br />

Shell International Downstream<br />

SIEMENS<br />

SIG Distribution<br />

Skyscanner Ltd<br />

Synseal Extrusions<br />

Talktalk Business<br />

Tenet Group Limited<br />

Travis Perkins<br />

Turner & Co (Glasgow) Ltd<br />

Veolia ES UK Plc<br />

Virgin Media<br />

Walsall Council<br />

Westmill Foods Ltd<br />

EDF Energy Plc – Multi Sites<br />

Local world Ltd<br />

Credit Management<br />

Xoserve<br />

The recognised standard in credit management www.cicm.com <strong>April</strong> 2015 17


CREDIT INSURANCE<br />

IN THE DRIVING SEAT<br />

<br />

Ian Selby, Risk Underwriting Manager at NEXUS CIFS, winner of a CI<strong>CM</strong> British<br />

Credit Award, looks at Special Purpose Vehicles and their role.<br />

SPECIAL Purpose Vehicles (SPVs) are<br />

becoming an increasingly prevalent<br />

method for large companies or<br />

investors to manage projects. But<br />

while the reputation of SPVs has been<br />

tarnished in the past by the opaque world<br />

of off-balance sheet funding – think the<br />

Enron scandal in 2001 – used properly they<br />

are a useful tool in ring-fencing the risks of<br />

major projects and new ventures.<br />

An individual company may wish to<br />

set up an SPV to separate a project from<br />

their day-to-day business. The partners<br />

for a Joint Venture may wish to set up an<br />

SPV to be able to clearly allocate costs<br />

and benefits between the partners. Where<br />

external funding is needed, lenders will<br />

often prefer to take this route to allocate<br />

their investment to a particular project to<br />

separate it from general funding for the<br />

group. When it comes to a sale, an SPV<br />

structure gives a tidy legal and operational<br />

structure to be sold on.<br />

However, they provide special<br />

challenges for those seeking to assess<br />

their creditworthiness because by definition<br />

they have no trading history and the usual<br />

business metrics are just not there. In<br />

addition SPVs are often established for<br />

long-term projects, incurring significant<br />

initial set-up costs before any cash flows<br />

are generated.<br />

Examples might be: property<br />

development for large-scale residential<br />

projects or shopping centres; environmental<br />

energy such as wind and solar collection<br />

projects; infrastructure such as transport<br />

terminals and new transport links;<br />

technology development – where a new<br />

18<br />

<strong>April</strong> 2015 www.cicm.com<br />

The recognised standard in credit management


FEATURE<br />

SPECIAL<br />

An individual company may wish to set up an<br />

SPV to separate a project from their day-to-day<br />

business. The partners for a Joint Venture may wish<br />

to set up an SPV to be able to clearly allocate costs<br />

and benefits between the partners ...<br />

– IAN SELBY<br />

NEXUS CIFS<br />

initiative might be sponsored by a company<br />

and a research institute or establishing a<br />

new market. In all of these circumstances<br />

the returns may be several years ahead.<br />

Special challenges<br />

Effective underwriting is all about correctly<br />

understanding the various risk factors, not<br />

just the financial data.<br />

The first things to look at are the obvious<br />

items of information in the public domain,<br />

such as Articles of Association for the<br />

company and the ownership structure. Do<br />

the owners have a track record in using<br />

SPVs to deliver projects to market? Why<br />

are they using an SPV on this occasion?<br />

Where there are a number of partners,<br />

it is important to understand their role<br />

and relationship to one another. It was<br />

widely reported last month that Interserve<br />

and Atkins have joined forces with China<br />

State Construction Engineering Corp<br />

to work on Dalian Wanda’s Nine Elms<br />

Project in London as part of a drive of<br />

Chinese construction groups entering the<br />

UK market. Although there may be little<br />

track record of these companies working<br />

together, this is clearly part of a larger group<br />

strategy. The Joint Venture structure is key<br />

to allowing foreign companies to ‘dip their<br />

toe’ into the UK market with the help of a<br />

more established player.<br />

Understanding the sources of funding<br />

is equally important. A significant capital<br />

injection rather than debt is always a<br />

good sign. Where there is external debt,<br />

understanding the structure and when<br />

interest and principal repayments become<br />

due can give further comfort if sensibly<br />

structured.<br />

Also key is to understand where you or<br />

your client fits in terms of the supply chain.<br />

For example, if a company is providing the<br />

foundations of a building then they are likely<br />

to be at the top of the payment list when<br />

cash is still readily available.<br />

Lastly, it is crucial to take a view on the<br />

sector the SPV is operating in. Changes<br />

in Government regulation or indeed<br />

international law may alter the picture of<br />

that sector. Shifts in the tax regime could<br />

affect project plans. A good example of<br />

this is in the recent changes to the way<br />

that solar energy projects are treated. Once<br />

extremely popular with the Government,<br />

their importance has been downgraded and<br />

this, coupled with the fall in the price of oil,<br />

could have the potential to affect profits<br />

dramatically.<br />

No magic formula<br />

Besides the usual diligent examination of<br />

the available information and assessing<br />

it with an experienced eye, it can be<br />

necessary to undertake additional research<br />

to understand exactly how the project has<br />

been set up. Diplomatic interviewing of<br />

stakeholders is often vital in obtaining the<br />

necessary background to be able to make<br />

an informed assessment.<br />

Ian has been in the credit insurance<br />

market since 2005 and joined Nexus<br />

CIFS as a Risk Underwriter in 2008. Ian<br />

looks after a wide portfolio of policies<br />

and has specific responsibility for<br />

the construction sector and also has<br />

experience in IT and electronics gained<br />

from his underwriting role prior to joining<br />

Nexus CIFS. ian_selby@creditindemnity.<br />

com.<br />

The recognised standard in credit management www.cicm.com <strong>April</strong> 2015 19


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20 <strong>April</strong> 2015 www.cicm.com<br />

The recognised standard in credit management


EXPECTING THE<br />

UNEXPECTED<br />

<br />

Sean Feast seeks the views of some of the major players in the<br />

credit insurance industry in the wake of recent business failures.<br />

TRADE CREDIT INSURANCE PART ONE<br />

THE sudden and dramatic collapse<br />

of Phones4U in September last<br />

year sent shockwaves through<br />

the credit insurance industry. The<br />

immediate blame for the company’s<br />

failure was set at the feet of the country’s<br />

biggest mobile phone operator, EE, owner<br />

of the Orange and T-Mobile brands, and<br />

its decision not to renew a contract to sell<br />

its products in Phones4U shops. It was<br />

a hammer blow that followed a similar<br />

decision by Vodafone and two other<br />

operators, O2 and Three. David Kassler,<br />

the Chief Executive of Phones4U said<br />

simply: “If the mobile network operators<br />

decline to supply us, we do not have<br />

a business.” Despite revenues of £1<br />

billion, the business was obliged to enter<br />

into administration.<br />

Sadly, Phones4U was not the only<br />

sudden failure last year that impacted the<br />

insurance world. City Link, the parcels<br />

delivery business, threw in the towel on<br />

New Year’s Eve, placing close to 4,000<br />

jobs in jeopardy; while on the international<br />

stage, OW Bunker, Denmark’s third<br />

largest firm, entered into bankruptcy amid<br />

accusations of fraud in its Singaporebased<br />

subsidiary. A joint statement from<br />

Denmark’s pension funds described the<br />

collapse as: “Significant, extraordinary<br />

and highly negative.”<br />

Such failures, whilst costing the<br />

credit insurance industry millions of<br />

pounds in claims, ironically serve to<br />

support one of the product’s key selling<br />

points – protecting suppliers against the<br />

unexpected failure of one of their larger<br />

customers. They have also resulted<br />

in a shift in attitude to underwriting,<br />

according to Gerard van Kaathoven,<br />

Chief Executive of Euler Hermes for the<br />

UK and Ireland: “Whereas we used to be<br />

happy to underwrite the subsidiaries of a<br />

strong parent company, this is no longer<br />

guaranteed,” he explains. Gerard says<br />

this is especially true of High Street retail:<br />

“We no longer assume that a parent will<br />

step in to support a failing subsidiary,”<br />

he continues. “They seem more prepared<br />

now to let them fail.”<br />

CONTINUES OVERLEAF<br />

The recognised standard in credit management<br />

www.cicm.com <strong>April</strong> 2015 21


TRADE CREDIT INSURANCE PART ONE<br />

CONTINUED<br />

The trend towards pre-pack<br />

administrations is also a concern and<br />

again making the headlines. The failure of<br />

USC, the fashion brand owned by Sports<br />

Direct billionaire Mike Ashley, is a recent<br />

case in point. Republic, another arm of<br />

Ashley’s empire, bought the assets of<br />

USC in a pre-pack, leaving suppliers out<br />

of pocket and some 90 staff redundant.<br />

It also left the media and credit insurers<br />

scratching their heads: “When a Group<br />

opts to pre-pack a subsidiary, it changes<br />

the way we look at that Group,” Gerard<br />

says. “Indeed we may no longer even<br />

look at it as one Group for insurance<br />

purposes, but rather more closely<br />

examine the individual elements.”<br />

Frédéric Bourgeois, Managing Director<br />

of Coface in the UK and Ireland, agrees.<br />

He describes pre-packs as ‘business<br />

as usual’: “For some categories of risk,”<br />

he says, “we may now take a different<br />

approach with regards to a company’s<br />

links to related parties. We would certainly<br />

look more closely at groups with Venture<br />

Capital (VC) or Private Equity (PE)<br />

ownership, looking at their reputation<br />

and track record in supporting group<br />

businesses.”<br />

Frédéric says that maintaining a<br />

balanced portfolio is essential: “We<br />

do not write cover for the sake of a<br />

premium,” he explains. “We need balance<br />

in our portfolio so that our support to<br />

clients is sustainable, and so that there is<br />

no risk of an extraordinary claim that puts<br />

us in an awkward position and leads to a<br />

knee-jerk reaction that is detrimental to<br />

clients. You take risks, of course, but you<br />

do not ‘bet the farm’.”<br />

Marc Henstridge, Director of Risk<br />

Services for Atradius UK and Ireland, is<br />

another who agrees that recent failures,<br />

and the abuse of pre-packs, is changing<br />

the face of credit insurance underwriting:<br />

“Whereas pre-packs are a necessary part<br />

of the insolvency process, they need to<br />

be transparent,” he says. “In the case<br />

of USC, it appears a pre-pack was used<br />

to allow a major Group to rid itself of<br />

unprofitable stores, change its business<br />

model and restructure the business and<br />

that is not what a pre-pack is intended<br />

for.<br />

“This was a Group that as an insurer<br />

we treated as a Group, a Group that we<br />

believed would stand or fall as one. The<br />

administration was not something that<br />

we anticipated and the suddenness of<br />

the actions by the directors does leave a<br />

number of unanswered questions.”<br />

Such examples, Marc concedes, are<br />

rare, but tend to hit the headlines. He<br />

has a strong view also on the failures<br />

at City Link and Phones4U. The former,<br />

he says, was a broken model, and its<br />

But the collapse of Phones4U came like<br />

a bolt out of the blue: “The company still<br />

had significant levels of cash on the balance<br />

sheet when it failed,” he says. “Yes it is true that<br />

contracts had not been renewed, but there was<br />

a long run-off period and therefore plenty of<br />

opportunity for the directors to either re-negotiate<br />

those contracts or devise a new strategy ...<br />

– MARC HENSTRIDGE, DIRECTOR OF RISK<br />

SERVICES FOR ATRADIUS UK AND IRELAND<br />

22 <strong>April</strong> 2015 www.cicm.com<br />

The recognised standard in credit management


In 2013 there were 10,544 credit<br />

insurance claims totalling £171million ...<br />

– THE ASSOCIATION OF BRITISH INSURERS.<br />

demise could have been predicted. But<br />

the collapse of Phones4U came like a bolt<br />

out of the blue: “The company still had<br />

significant levels of cash on the balance<br />

sheet when it failed,” he says. “Yes it is<br />

true that contracts had not been renewed,<br />

but there was a long run-off period and<br />

therefore plenty of opportunity for the<br />

directors to either re-negotiate those<br />

contracts or devise a new strategy. They<br />

had a huge store portfolio and so many<br />

options available to them, but it was<br />

as if they simply threw in the towel and<br />

accepted defeat. We certainly could not<br />

have foreseen that style of management.”<br />

Marc is understandably disappointed<br />

that Phones4U did not appear to have<br />

a ‘B’ Plan. His disappointment is even<br />

more understandable given the losses<br />

that Atradius suffered as a result: it had<br />

to pay out the largest value of claims in<br />

the company’s history of operating in<br />

the UK. On the positive side, however,<br />

he is content that several major UK firms<br />

were protected, and that the value of<br />

credit insurance, and the importance<br />

of Retention of Title (RoT), was<br />

demonstrated.<br />

The major failures of recent times<br />

have undoubtedly resulted in a change<br />

in the claims landscape: Euler Hermes,<br />

for example, has seen the volume of<br />

claims fall, but the value of each claim<br />

rise significantly, a trend which it says<br />

started in 2013. Despite this, credit<br />

exposures are growing, and acceptance<br />

rates increasing. Coface too has seen the<br />

frequency of claims fall, reaching its nadir<br />

in the third quarter of last year. Atradius<br />

has similarly experienced a fall in volumes<br />

overall, but also a marked rise in claims in<br />

certain sectors, notably construction, and<br />

most recently, food production.<br />

Gerard still has concerns that the<br />

credit insurance industry as a whole is<br />

not growing, as premium rates are not<br />

developing as they should: “While our<br />

exposure goes up, the total £-premium<br />

available has remained flat, at best, which<br />

means that the industry is heading in the<br />

wrong direction,” he says.<br />

That’s not to say that Euler Hermes<br />

isn’t trying new things. Two years<br />

ago it opened a new ‘channel’, working<br />

through the banks (and specifically<br />

HSBC), and yet still the overall<br />

number of policyholders remains a<br />

challenge. In terms of product innovation,<br />

Euler Hermes’ Simplicity product,<br />

launched specifically to address the<br />

SME market, is finding a willing audience<br />

and introducing a new generation of<br />

businesses to the purpose and value of<br />

credit insurance. Demand for its ‘top up’<br />

product – CAP – is also on the rise, and<br />

yet another positive sign of business<br />

growth.<br />

Frédéric tells a similar story. Premium<br />

rates, he says, are at best flat or reducing,<br />

but that consistent pricing and coverage<br />

remains paramount: “No-one wants to<br />

go back to the time five years ago when<br />

coverage was being slashed across the<br />

board,” he says, “and no-one wants<br />

to be forced into taking action that is<br />

to the detriment of our customer base.<br />

Rates have to be at a sustainable level<br />

to provide the level of cover our clients<br />

need.”<br />

Coface has similarly seen its SME<br />

book grow and expects that it will<br />

grow further: “It is probably where the<br />

opportunity for credit insurance is the<br />

greatest,” he says. In the ‘core’ market,<br />

sometimes referred to as the ‘national’<br />

segment (i.e. firms of between £10 million<br />

to £100 million turnover), Frédéric has<br />

greater concerns. Accounts have tended<br />

to ‘churn’, and features such as noncancellable<br />

limits and extended grace<br />

periods that are more usually associated<br />

with multi-national contracts have started<br />

creeping into the national space: “These<br />

are good for the customer if the promises<br />

are fulfilled,” he says, “but what happens<br />

in a crisis we will have to see.”<br />

Topliner, Coface’s ‘top up’ product<br />

is proving popular, with steady monthly<br />

volumes: “Customers like to have<br />

choice,” he says, “and are happy to<br />

adjust levels of cover at particular times<br />

when they need it most. There is much<br />

greater flexibility in the cover available<br />

than there was two or three years ago.”<br />

Marc agrees with Gerard and<br />

Frederic that competition within the<br />

credit insurance industry is increasing:<br />

“Price pressures are on a downward<br />

spiral, which is great news for our clients<br />

and prospects, but not great news for<br />

insurers,” he says. He sees competition<br />

within the broker arena also on the<br />

increase: “Brokers are getting stronger<br />

and there is more competition,” he<br />

explains. “Many new brokerages have<br />

been launched in recent years, attracting<br />

individuals who have either worked for a<br />

larger broker, or come out of university<br />

with an entrepreneurial flair, are ex-credit<br />

insurers or bankers and are wellmotivated,<br />

well-trained, and making a real<br />

impact. We find that there are now three<br />

or four brokers hunting each piece of new<br />

business.”<br />

Despite the competition, Marc<br />

is pleased with the traction that a<br />

new Atradius Single Situation Cover<br />

product is having, and encouraged<br />

that it is attracting new entrants to the<br />

market almost on a ‘try before you buy’<br />

approach. Atradius is also building on<br />

its heritage with a new Export policy for<br />

businesses that are new to international<br />

trade and that need a helping hand. It also<br />

has its own ‘top up’ product, but its plan<br />

for 2015 is to work with its clients more<br />

closely within an existing whole turnover<br />

policy to provide the level of cover they<br />

require.<br />

And as to the future? Nobody seems<br />

keen to rule out major failures in the<br />

future. Indeed quite the opposite: “We are<br />

in a period of ‘volatile volatility’, to coin a<br />

phrase from a leading investment bank,<br />

during which the unexpected should<br />

become the expected, and to occur more<br />

often,” Frédéric concludes.<br />

TRADE CREDIT INSURANCE PART ONE<br />

The recognised standard in credit management<br />

www.cicm.com <strong>April</strong> 2015 23


OPINION<br />

HOLDING A GRUDGE<br />

<br />

Andy Moylan, Managing Director, EFCIS Trade credit insurance brokers, winners of a CI<strong>CM</strong><br />

British Credit Award, looks at how credit insurance can move from a grudge purchase to a<br />

business builder.<br />

AS an industry we have not been<br />

proactive in assisting insured<br />

clients in drawing their attention to<br />

the many tangible and measured<br />

benefits of their policy. Understandably<br />

a good proportion of credit managers<br />

and finance directors look upon credit<br />

insurance as a grudge purchase.<br />

Yet a well-managed policy will deliver<br />

a measurable return that may justify the<br />

premium paid. But, it’s the responsibility of<br />

a specialist trade credit broker to work in<br />

partnership with their clients, helping each<br />

one realise the many business specific<br />

benefits of trade credit insurance. Yet the<br />

default position of Trade credit insurance<br />

has been to sell on fear.<br />

Whilst cover can provide comfort<br />

because it will protect your business from<br />

the effects of an insured bad debt, credit<br />

insurance offers so much more than the<br />

blindingly obvious. Not least it protects<br />

your largest company asset; your sales<br />

ledger.<br />

So, what are the compelling benefits<br />

of trade credit insurance and how can<br />

they help a credit manager in managing<br />

and supporting their many challenging<br />

everyday risk decisions to support growth?<br />

Additional resource<br />

Credit managers are faced with making<br />

difficult risk decisions. They’re regularly<br />

under pressure from sales departments<br />

to agree credit lines to support business<br />

growth. But the information they need to<br />

support these decisions is often limited or<br />

outdated, especially so for export sales.<br />

A company with credit insurance<br />

benefits from an additional debtor risk<br />

resource; these credit limits are assessed<br />

by an experienced risk underwriter who<br />

has the most up-to-date financial and<br />

trading information available. Simply<br />

relying on financial information that reflects<br />

a trading position of a company at a<br />

point in time (which typically may be 18<br />

months old) may be insufficient to justify<br />

large credit lines and so the sale might<br />

be lost. A company will benefit from<br />

current payment performance information<br />

(as required by their policy terms and<br />

conditions) or up-to-date management<br />

information. This crucial information could<br />

make the difference in justifying the credit<br />

line required.<br />

Credit insurance should provide cover<br />

on customers with a measured degree<br />

of risk and uncertainty and not simply<br />

cover clients that are a safe bet (referred<br />

to by underwriters as ‘blue chip’). It’s<br />

astonishing but true that increasing sales<br />

(with the comfort of credit insurance<br />

cover) by £1,000,000 on net margins of 10<br />

percent generates an additional £100,000<br />

in profit. The ability to secure a swift and<br />

accurate credit limit decision can make the<br />

difference in winning the business or not.<br />

On a monthly basis monitor the current<br />

sales ledger balance with the endorsed<br />

approved credit limit. Ask your broker<br />

what support is on offer to ensure that the<br />

current insured ledger is covered up to an<br />

acceptable level; one that provides ledger<br />

protection and a platform for considered<br />

growth. Don’t unintentionally opt for the<br />

alternative situation where you simply<br />

hope that, in the event of a bad debt,<br />

cover is in place.<br />

Generating funding<br />

Invoice financing has become a major<br />

source of funding for many growing<br />

companies in the UK. But the level<br />

of available funding can be restricted<br />

because of the low level of endorsed<br />

credit limits. A well-managed trade credit<br />

insurance policy provides working capital<br />

to support the growth of the business.<br />

A company that increases the level of<br />

insured debt by only £250,000 could<br />

potentially draw down an additional<br />

£200,000 of working capital to support<br />

growth or even pay for supplies in<br />

advance for a discount. This additional<br />

level of working capital could provide the<br />

headroom needed to increase sales and<br />

ultimately profit.<br />

The more reassurance you can give<br />

your invoice finance provider in respect<br />

24 <strong>April</strong> 2015 www.cicm.com The recognised standard in credit management


Andy began his career at one of the UK'S largest trade credit insurance<br />

underwriters, Euler Hermes over 29 years ago. After working at a senior level<br />

for several specialist brokers he established EFCIS in 2000.<br />

of claim payment certainity and credit<br />

limit cover, the higher the level of funding<br />

they will be prepared to offer you. Make<br />

sure your funder is aware that you have an<br />

extremely well run policy. Provide them with<br />

regular credit limit updates and compliance<br />

reports.<br />

What risk?<br />

Grading individual debtors gives you a<br />

platform to potentially align the grade to<br />

margins as well as collection stance. These<br />

debtor grades can be made available by<br />

the credit insurance underwriter within the<br />

scope of your policy. They are based on<br />

the most up-to-date financial information<br />

including management accounts when<br />

available and trading information (payment<br />

delays and reportable adverse events).<br />

Combined they provide a robust guide to<br />

the individual trading risks which can then<br />

be aligned to profit margins and collection<br />

stance. These grades should then be<br />

monitored and reviewed on an ongoing<br />

basis to ensure they reflect today’s trading<br />

position.<br />

Consider increasing the margin for highrisk<br />

graded debtors to generate additional<br />

profit or to simply increase the bad debt<br />

reserve to reflect the increased probability<br />

of future payment default.<br />

Also consider the potential DSO and<br />

working capital benefit of greater alignment<br />

to individual debtor grades with your<br />

collection stance. Consider too proactively<br />

chasing payment from below average<br />

debtors. This will have a positive impact on<br />

DSO, cashflow and ultimately profit.<br />

More coverage<br />

The UK Government is keen to support<br />

increased levels of export sales to help<br />

the UK economy recover after a prolonged<br />

period of recession. However, it is generally<br />

accepted that there is greater degree of<br />

uncertainty and risk when trading with<br />

a number of these countries due to the<br />

increased potential of non-payment due to<br />

a political event. A credit insurance policy<br />

can include political risk cover such as<br />

contract frustration, contract cancellation,<br />

currency transfer and export/import<br />

restrictions.<br />

The credit insurance policy can also<br />

cover binding orders, work in progress,<br />

extended credit cover, non-cancellable<br />

limits, dispute cover and trade specific<br />

clauses for sectors such as advertising,<br />

construction and the oil and gas industry.<br />

With the support of your specialist<br />

broker conduct a risk audit twice a year<br />

to ensure that all potential risks that can<br />

be covered are included within the scope<br />

of the policy. Why not ask you broker to<br />

arrange for a dummy claims inspection to<br />

highlight any potential policy breaches and<br />

agree what steps are required to ensure<br />

policy compliance?<br />

THE credit manager of an importer<br />

and distributor of meat, with estimated<br />

insured sales of £22 million, was<br />

becoming frustrated with its invoice<br />

finance provider; restricted credit limits<br />

were impacting negatively on available<br />

funding. The company did not have the<br />

available working capital to grow the<br />

business and its high fixed costs were<br />

negatively impacting on profit. Key<br />

credit limits were increased by £2.2<br />

million resulting in increased working<br />

capital to support future growth and<br />

profit.<br />

This additional working capital<br />

assisted the company in securing<br />

£6 million additional sales during the<br />

course of the year at four percent net<br />

margins, generating £240,000 profit (the<br />

policy premium was £70,000).<br />

A vehicle leasing and contract hire<br />

company had an initial DSO of 193 days;<br />

understandably this was having a dire<br />

impact on working capital and profit.<br />

Its credit insurance policy provided<br />

individual debtor grades (including<br />

highlighting the riskier debtors). Not only<br />

was the company not being paid by a<br />

number of its customers, but it<br />

was also at risk of claims on its<br />

policy being refused because it was<br />

not complying with the insurer’s<br />

requirements.<br />

The company now has a higher<br />

percentage of insured sales on its<br />

ledger and the DSO has reduced from<br />

193 days to 59 days. This level of<br />

DSO an improvement combined with<br />

the improved credit insurance policy<br />

compliance has resulted in a £5.5 million<br />

improvement in cash utilisation freed<br />

up from its receivables, combined with<br />

a decrease in inherent risk. It also has<br />

the added benefit of peace of mind from<br />

improvement in trading certainty through<br />

limit utilisation and increased policy<br />

compliance.<br />

CASE STUDIES<br />

THE credit manager of a major IT<br />

distributor wanted to supply goods on<br />

credit to a number of overseas markets,<br />

but was struggling to obtain financials to<br />

support potential sales of £7.5 million.<br />

There was also concern that in the event<br />

of a payment default it did not have<br />

a local presence in these markets to<br />

collect the debt.<br />

The company commenced trading<br />

with the full support of the underwriter<br />

from a risk, cover and collection point of<br />

view and generated additional sales of<br />

£4.7 million in 12 months and additional<br />

net profit of eight percent (£376,000)<br />

was generated. The policy premium was<br />

£110,000.<br />

However, one of its overseas<br />

customers was unwilling to pay the<br />

amount due. It used the fact that it was<br />

insured as leverage to secure payment.<br />

Its customer did not want its grade to<br />

be adversely affected, nor to be on<br />

the receiving end of collection and<br />

legal action. At all times during these<br />

discussions the company knew that<br />

in the event of a bad debt they were<br />

insured for 90 percent of the insured<br />

debt.<br />

The recognised standard in credit management<br />

www.cicm.com <strong>April</strong> 2015 25


CONSUMER CREDIT<br />

CONSUMER CREDIT ROUNDUP<br />

<br />

Amanda Hulme gives an overview of all the goings on in the world of consumer credit.<br />

IN BRIEF ...<br />

STATISTICS RELEASED<br />

THE Building Societies Association<br />

(BSA) has released mortgage lending<br />

statistics for 2014 showing that building<br />

societies provided 26 percent of all mortgage<br />

lending in the UK with gross lending of<br />

£52.6 billion during the year, out of a total<br />

of £204.4 billion lending by all mortgage<br />

lenders. This performance, the BSA says,<br />

was well above the sector’s more natural<br />

market share of 19 percent. Over the year<br />

societies approved mortgage loans to over<br />

373,000 homebuyers. The BSA reckons that<br />

competition will be stiff in 2015, especially<br />

now that an increase in the bank base rate<br />

this year looks to be out of the question,<br />

even to the point of the Bank of England<br />

stating that a drop in the rate, whilst unlikely,<br />

is a tool that will be used if necessary.<br />

BBA PUBLISHES STAFF BRIEFING<br />

THE BBA has published the first of what<br />

will be a series of briefings on vulnerable<br />

customers. The purpose is to identify<br />

best practice for banks and allow them<br />

to develop effective policies towards this<br />

group of customers. This briefing concerns<br />

how to support customers with long-term<br />

conditions (LTC) (defined as a physical or<br />

FOLLOWING consultations last year, HM<br />

Treasury has confirmed that the Bank of<br />

England’s Financial Policy Committee<br />

(FPC) is to have new powers over the<br />

housing market with a view to protecting<br />

financial stability. Rather than just making<br />

recommendations as at present, the<br />

FPC will be able to set limits on debt to<br />

income ratios and loan to value ratios for<br />

mortgages.<br />

mental illness that lasts a year or longer<br />

and that may require ongoing care, support<br />

and treatment) and the ‘‘good outcomes”<br />

that banks and their staff should seek<br />

to achieve, such as establishing clear<br />

procedures for gaining consent to store, use<br />

and share information about a customer’s<br />

diagnosis and LTC.<br />

FPC NEW POWERS OVER MORTGAGES<br />

Proposed legislation has been published<br />

by the government which intends to<br />

consult separately early in the new<br />

Parliament on the FPC’s recommendations<br />

for it to have new powers over the<br />

buy-to-let market, with a view to building<br />

an in-depth evidence base on how the<br />

operation of the UK buy-to-let housing<br />

market may carry risks to financial<br />

stability.<br />

26 <strong>April</strong> 2015 www.cicm.com<br />

The recognised standard in credit management


Amanda Hulme is a partner in the corporate department of<br />

Addleshaw Goddard LLP.<br />

amanda.hulme@addleshawgoddard.com.<br />

<strong>CM</strong>L ON REPOSSESSIONS AND MARKET TRENDS<br />

THE Council of Mortgage Lenders (<strong>CM</strong>L)<br />

has published figures showing that the<br />

number of homes repossessed in 2014<br />

dropped by 26 percent compared to<br />

2013, and was lower than any time since<br />

2006. Moreover, at the end of 2014 the<br />

number of mortgages in arrears was at<br />

its lowest since 2006. Out of the 21,000<br />

repossessions, 16,100 were on owneroccupied<br />

properties, and 4,900 were on<br />

buy-to-let properties.<br />

The figures also saw fewer mortgages<br />

in arrears at the end of 2014 than at<br />

any time since 2006. 1.05 percent of all<br />

mortgages were in arrears equivalent<br />

to 2.5 percent or more of the mortgage<br />

balance - down from 1.29 percent at the<br />

end of 2013 (and 1.12 percent at the end<br />

of the third quarter of 2014). In numerical<br />

terms, this equates to 116,800 loans -<br />

down from 124,400 at the end of the<br />

third quarter, and 144,600 at the end of<br />

2013.<br />

The <strong>CM</strong>L notes that the two main<br />

traditional drivers of mortgage difficulty are<br />

income shocks (such as unemployment)<br />

and interest rates. Both factors are<br />

relatively benign at present, assisting<br />

the welcome decline in both arrears and<br />

repossessions, supported by effective<br />

lender practices.<br />

The <strong>CM</strong>L has also published data on<br />

the characteristics of the UK mortgage<br />

lending market, broken down for the<br />

periods of December, the fourth quarter<br />

and annual data for 2014. Residential<br />

lending to homebuyers rose slightly<br />

month-on-month in December totalling<br />

55,600 loans. In contrast, remortgage<br />

activity declined month-on-month in<br />

December with the number of remortgage<br />

loans totaling 22,300.<br />

Overall for 2014, homeowner house<br />

purchases totaled 676,900 loans, up 11<br />

percent on 2013 and the highest annual<br />

lending level since 2007. This meant<br />

£112.7 billion was advanced in total in<br />

2014 for house purchase, up 19 percent<br />

on 2013 and again the highest annual<br />

value since 2007<br />

IN BRIEF ...<br />

LSB MAKES<br />

PRE-ARREARS<br />

RECOMMENDATIONS<br />

THE Lending Standards Board (LSB) has<br />

carried out a review and published its<br />

findings into pre-arrears handling which<br />

makes recommendations to strengthen<br />

the Lending Code. The review assessed<br />

the adequacy of processes and controls<br />

to identify the early warning signs of<br />

financial difficulties. While all firms<br />

sampled provided general advice and<br />

guidance (say via websites/leaflets etc.)<br />

only one took pro-active steps towards<br />

customers in difficulties pre-arrears.<br />

Most activity by firms was reactive where<br />

customers were on the cusp of financial<br />

difficulties. Among the proposals are<br />

a separate pre-arrears section in the<br />

Code to give more prominence to these<br />

requirements with details of general<br />

support to be afforded to customers.<br />

Concrete proposals to revise the Code<br />

are expected in Autumn 2015.<br />

The recognised standard in credit management<br />

www.cicm.com <strong>April</strong> 2015 27


OPINION<br />

THE DNA OF A<br />

CREDIT MANAGER<br />

Karen Young looks at what it takes to be a<br />

successful credit manager.<br />

IN a world where cash continues to<br />

be king, arguably there has never<br />

been a better time to work in credit<br />

management. As the opportunities<br />

available to talented and ambitious<br />

individuals in the credit profession grow,<br />

how can you put yourself in the best<br />

position to capitalise on such opportunities?<br />

For our new report, ‘DNA of a Credit<br />

Manager’, we surveyed over 500 credit<br />

managers to find out what qualities unite<br />

them, and what advice they have for the<br />

next generation of credit managers.<br />

What those who have reached the<br />

top have in common is commercial nous,<br />

good people management skills and<br />

positive, pro-active relationships with their<br />

colleagues in sales and the wider business.<br />

Here’s what their responses mean for the<br />

next generation of credit leaders.<br />

Invest in your own development<br />

There is growing recognition of the value<br />

of professional qualifications in credit,<br />

so enrolling in these studies is a wise<br />

investment. Almost half of the credit<br />

managers we surveyed were MCI<strong>CM</strong><br />

qualified, and a further 10 percent held the<br />

CI<strong>CM</strong> Level 2 Certificate, 12 percent the<br />

Level 3 Diploma, five percent FCI<strong>CM</strong> and<br />

three percent had an MBA.<br />

Credit managers under 40 were more<br />

likely to have taken on further formal<br />

qualifications in the past two years than<br />

over 40s. We believe that this is in part<br />

due to credit leaders advocating over the<br />

last few years that their teams focus on<br />

personal and professional development,<br />

and of course leading from the front.<br />

Most employers do not require<br />

qualifications as essential criteria for a job in<br />

credit, however they are increasingly listing<br />

them as desirable on job specifications.<br />

Credit managers also showed the appetite<br />

to build strong networks to progress their<br />

careers, with almost half attending industry<br />

networking events and a third networking<br />

with other credit managers online.<br />

Develop your relationship with sales<br />

The relationship between credit managers<br />

and sales is crucial, but complex. Nearly<br />

two fifths of respondents to our survey said<br />

that the sales team was the most important<br />

department for them to partner with. So<br />

it is important to get them on side by<br />

communicating with them clearly, fairly and<br />

regularly.<br />

Find opportunities to raise the profile of<br />

the credit team with the sales force, and<br />

help create opportunities for them by using<br />

your information to direct them towards<br />

good prospects and steer them away from<br />

risk.<br />

Develop commercial skills<br />

Hone your commercial skills by<br />

understanding business needs and your<br />

role in the big picture. Understanding and<br />

achieving company objectives is essential<br />

for credit managers, and over half (53<br />

percent) of credit managers said this would<br />

be their biggest professional challenge over<br />

the next 12 months.<br />

Almost two thirds (62 percent) of<br />

our credit managers said that being<br />

commercially aware was their top tip for the<br />

next generation of credit managers, along<br />

with getting involved with operations teams<br />

and not focusing purely on the numbers (53<br />

percent).<br />

Develop people management skills<br />

Over half (56 percent) of credit managers<br />

gave developing people management skills<br />

as their top tip for the next generation of<br />

credit managers. As 53 percent of credit<br />

managers managed teams of up to six<br />

people you will need to become skilled at<br />

motivating and managing others, whether<br />

celebrating success or managing under<br />

performance.<br />

Be ambitious<br />

Credit managers are ambitious and<br />

committed to the profession, 39 percent<br />

said they were aiming for a more senior<br />

role within credit management whilst many<br />

already enjoy the job they do and are very<br />

content to keep doing it, having already<br />

reached their goals.<br />

As an encouraging 69 percent of credit<br />

managers said that if they could start their<br />

career again, they would still choose to be<br />

a credit manager, today’s ambitious credit<br />

professionals have a lot to look forward to.<br />

For more information visit: hays.co.uk/dna/<br />

credit-manager<br />

Karen Young is Director for Hays<br />

Accountancy & Finance in the UK. She<br />

has 17 years of recruitment experience<br />

and leads a team of 400 accountancy and<br />

finance recruitment professionals.<br />

CREDIT MANAGEMENT<br />

<strong>CM</strong><br />

<br />

28 <strong>April</strong> 2015 www.cicm.com<br />

The recognised standard in credit management


THE PERFECT VENUE FOR THIS YEARS<br />

CI<strong>CM</strong> FELLOWS’<br />

LUNCH 2015<br />

june 12, 2015 In association with MoretonSmith<br />

The Stationer’s Hall<br />

Ave Maria Lane, London, EC4M 7DD<br />

Includes an enlightening talk and tour of the Hall<br />

Tickets for this event are £110 + VAT per person. If you would<br />

like to book a seat or table, please email fellowslunch@cicm.com<br />

or call Becki Sharpe on +44 (0)1780 722902.<br />

The recognised standard in credit management<br />

www.cicm.com <strong>April</strong> 2015 29


HR SPECIAL<br />

FEATURE<br />

SPECIAL<br />

FOLLOW MY LEADER<br />

In the second of a new series, Vicky Bailey of Delphinus tmc<br />

considers the benefits of being a proactive and reactive leader and<br />

which style is more effective.<br />

HOW can you tell whether you have<br />

an inherently proactive or reactive<br />

style, and is either of them better<br />

suited to a successful business<br />

environment?<br />

In recent years there has been a real<br />

shift in businesses looking for their staff to<br />

have a more proactive approach to working.<br />

Bosses have been taking a longer-term<br />

view on how they run their business and<br />

they now expect the same proactivity<br />

from their staff. The employees who have<br />

a naturally reactive style could then be<br />

potentially overlooked; so is this a good<br />

thing for our current business climate?<br />

As individuals we all have the ability<br />

inside us to be both proactive and reactive,<br />

so could it just be a case of allowing<br />

ourselves to use both skill sets, and<br />

knowing when one would be better than the<br />

other?<br />

First it is important to fully understand the<br />

characteristics of both styles:<br />

Reactive: being reactive means you<br />

have the ability to handle pressure that<br />

comes your way in real time. Reactive<br />

leaders are also renowned for wanting to<br />

solve problems on their own and take the<br />

responsibility for it on their own shoulders.<br />

Other characteristics include quick<br />

thought processes which are logical and<br />

planned to turn tasks around in the here<br />

and now. Often known as ‘firefighting’,<br />

there is very little long-term planning or<br />

forward thinking involved. Reactive thinkers<br />

find it easy to make snap decisions as this<br />

style does not lend itself to analysing what<br />

might be required sometime in the future.<br />

A reactive style can be very stressful to<br />

live with, as it often means having to deal<br />

with a continuous string of problems. It can<br />

be quite difficult to motivate a team if they<br />

are all reactive employees.<br />

On the positive benefit side, a reactive<br />

leader and workforce is exactly what you<br />

need to ensure the business can survive the<br />

short-term issues and look forward to its<br />

future opportunities.<br />

Proactive: This requires a different mindset<br />

and skills, because when you don’t<br />

know what is round the corner; forward<br />

thinking and confidence is a necessity to<br />

figure out what needs to be achieved and<br />

then how to achieve it. By creating the<br />

groundwork, proactive people can run when<br />

others are just starting out because they<br />

have given themselves the time and space<br />

to analyse each decision.<br />

A forward-thinking approach can have<br />

its benefits, especially where motivating<br />

people are concerned. It has been said that<br />

this style is very infectious as once one<br />

person is proactive others want to follow.<br />

The downside of this approach is that<br />

looking into the future can sometimes take<br />

your eyes off the here and now and in times<br />

of crisis, this would not be a good thing. As<br />

George Bernard Shaw once said:<br />

“People are always blaming their<br />

circumstances for what they are. I don’t<br />

believe in circumstances. The people who<br />

get on in this world are the people who get<br />

up and look for the circumstances they<br />

want, and if they can’t find them, make<br />

them.’’<br />

So which characteristics are most<br />

beneficial to business? In essence you need<br />

both! A truly proactive person does not<br />

always have an eye on what is happening<br />

in the present. They are constantly looking<br />

to the future. This can be a very rewarding<br />

skill but the present needs to be handled<br />

correctly too.<br />

It is important to be flexible in your<br />

working approach and often it is a<br />

balancing act. If you can create a team<br />

with an equal mix of proactive and reactive<br />

members then you are sure to succeed.<br />

Your team will be able to take action in the<br />

short term, and plan for the future.<br />

So, understanding the pros and cons, it<br />

is time for you to ask yourself which style<br />

you would say you are best suited to?<br />

Can you identify a style you naturally lean<br />

towards? It is also important to consider<br />

whether you are susceptible to change.<br />

Can you honestly say you could bend to<br />

meet the needs of the business?<br />

Our word of the day is: Ownership – you<br />

are the driving force for how you behave in<br />

the workplace. Be confident in your skills<br />

set and make sure you can adapt to the<br />

changing nature of today’s business…<br />

For further information on how Delphinus<br />

tmc can help your team win please<br />

contact Vicky Bailey on 01509 215872 or<br />

email vicky@delphinustmc.co.uk<br />

30 <strong>April</strong> 2015 www.cicm.com<br />

The recognised standard in credit management


“People are always blaming their circumstances for<br />

what they are. I don’t believe in circumstances.<br />

The people who get on in this world are the people who<br />

get up and look for the circumstances they want, and if<br />

they can’t find them, make them.’’<br />

– GEORGE BERNARD SHAW<br />

Ownership – you are the driving force for<br />

how you behave in the workplace. Be confident<br />

in your skills set and make sure you can adapt to<br />

the changing nature of today’s business…<br />

– VICKY BAILEY<br />

The recognised standard in credit management<br />

www.cicm.com <strong>April</strong> 2015 31


THROUGH THE LENS<br />

ROYAL CELEBRATION<br />

The Queen's Representative, current and former<br />

Presidents, Fellows, Chairs and other VIPs gathered<br />

for the formal unveiling of the Royal Charter.<br />

MORE<br />

PHOTOGRAPHS<br />

CAN BE VIEWED<br />

AT CI<strong>CM</strong>.COM<br />

32 <strong>April</strong> The recognised 2015 www.cicm.com<br />

standard in credit management<br />

The www.cicm.com recognised standard in credit <strong>April</strong> management 2015 27


The recognised standard in credit management<br />

www.cicm.com <strong>April</strong> 2015 33


CONSUMER CREDIT<br />

HOUSE RULES<br />

<br />

Rosanna Bryant considers the treatment of mortgage customers who fall into<br />

arrears in the light of recent FCA findings.<br />

MORTGAGE businesses are<br />

undergoing significant regulatory<br />

change. Spring 2014 saw the<br />

introduction by the Financial<br />

Conduct Authority (FCA) of new rules<br />

deriving from the Mortgage Market Review<br />

and providers are now preparing for the<br />

implementation of the Mortgage Credit<br />

Directive.<br />

We have also seen two recent<br />

enforcement cases relevant to mortgages.<br />

RBS and NatWest were sanctioned in<br />

August 2014 – for failings in respect of<br />

the suitability of advice given to mortgage<br />

customers and, in a separate case, last<br />

October, Yorkshire Building Society (YBS)<br />

was found not to have treated customers<br />

fairly who were in arrears. The FCA<br />

selects cases for enforcement, in part, to<br />

communicate to the industry and public<br />

its priorities and expectations of firms’<br />

conduct.<br />

So what is the FCA’s approach to the<br />

issues of suitability of advice and arrears<br />

management and what are the themes<br />

arising from these cases?<br />

Fair treatment<br />

At the heart of the FCA’s findings in respect<br />

of arrears management and suitability of<br />

advice is treating customers fairly (TCF).<br />

As an FCA paper, Journey to the FCA,<br />

explains, TCF and the six TCF consumer<br />

outcomes are core to how the FCA expects<br />

firms to treat their customers. There is a<br />

specific outcome for suitability of advice<br />

namely, ‘where consumers receive advice,<br />

the advice is suitable and takes account<br />

of their circumstances.’ In the RBS and<br />

NatWest final notice it was ‘of critical<br />

importance that firms providing mortgages<br />

do so in a way that ensures customers<br />

are treated fairly and in a manner which is<br />

compliant with all regulatory requirements.’<br />

Customers rely on professional advice and,<br />

therefore, any mortgage recommendation<br />

must be suitable to their personal<br />

circumstances.<br />

The application of TCF and the six TCF<br />

outcomes to arrears management is less<br />

clear, but a central concept for firms is to<br />

act in their customers’ best interests. The<br />

fair treatment of customers is regarded<br />

by the FCA as particularly important.<br />

A customer’s best interests require a<br />

lender to be pro-active. In the FCA’s view,<br />

to do otherwise and let arrears, charges<br />

and interest be built up is not to treat a<br />

customer fairly. Moreover, if there is an<br />

inadequate quality assurance regime, one<br />

of the consequences is that management<br />

information can be insufficient to determine<br />

if the system is producing unfair outcomes.<br />

Mortgage customers are frequently<br />

seen as being ‘vulnerable’ in consequence<br />

of their financial difficulties. Their arrears<br />

may be linked to unemployment, divorce<br />

or illness. The FCA defines a vulnerable<br />

customer widely as ‘someone who, due to<br />

their personal circumstances, is especially<br />

susceptible to detriment.’ A proactive<br />

approach by well-trained staff with ‘high<br />

quality conversations’ in the context of a<br />

properly resourced service is essential. If<br />

arrears management is outsourced it is<br />

especially important to see that a contractor<br />

treats potentially vulnerable customers<br />

properly. The issue of vulnerable customers<br />

is in regulatory focus at present with the<br />

FCA’s recent publication of an occasional<br />

paper on the topic.<br />

Arrears management<br />

An FCA Thematic Review (TR14/3) in<br />

February 2014 acknowledged that arrears<br />

management had improved in firms since<br />

2009. Mortgage lenders though were urged<br />

to focus on delivering consistently fair<br />

outcomes for customers based on their<br />

individual circumstances. Lenders were<br />

called upon to better support and empower<br />

customer-facing staff and to be more<br />

flexible in their fair treatment of individual<br />

customers based on their circumstances.<br />

The Mortgages and Home Finance:<br />

Conduct of Business sourcebook (MCOB)<br />

13.3 requires firms to make reasonable<br />

efforts to reach agreement with customers<br />

over the method of repaying any shortfall<br />

and to allow a reasonable time to do so.<br />

In particular, they should establish, where<br />

feasible, a payment plan that is practical in<br />

terms of the customer’s circumstances. In<br />

applying this rule, the FCA expects lenders<br />

to inquire into the individual circumstances<br />

of each customer to identify the cause<br />

of their payment difficulties. It is also<br />

necessary to assess a customer’s income<br />

and expenditure sufficiently, including their<br />

financial prospects, such as employment<br />

opportunities.<br />

What is not acceptable is for firms to<br />

agree ad hoc payments without adequately<br />

considering the impact on a customer’s<br />

debt and the totality of payment options<br />

available. Nor should they let time pass with<br />

increasing arrears, interest and charges.<br />

Moreover, while repossession cannot<br />

be sought unless all other reasonable<br />

34 <strong>April</strong> 2015 www.cicm.com<br />

The recognised standard in credit management


Mortgage customers are frequently seen as being ‘vulnerable’ in<br />

consequence of their financial difficulties. Their arrears may be linked<br />

to unemployment, divorce or illness. The FCA defines a vulnerable<br />

customer widely as ‘someone who, due to their personal<br />

circumstances, is especially susceptible to detriment ...<br />

– ROSANNA BRYANT<br />

should take reasonable steps to obtain<br />

from its customer all information likely to be<br />

relevant for the purpose of giving advice.<br />

The FCA found that the banks’ processes<br />

for assessing affordability were inadequate<br />

in that they had not considered the full<br />

extent and implications of a customer’s<br />

budget and additional committed or future<br />

expenditure when making a personal<br />

recommendation. In relation to the length<br />

of the mortgage term, the banks were<br />

criticised for accepting their customer’s<br />

preference without assessing (as required)<br />

its appropriateness.<br />

Crucially, firms must be able to evidence<br />

suitability as required by the rules on record<br />

keeping. According to the FCA, only a small<br />

percentage of the banks’ sample mortgage<br />

applications reviewed contained sufficient<br />

information to evidence the basis of the<br />

recommendation and to show that it was<br />

suitable. Whether the advice given was<br />

suitable is of little help, if no record is kept.<br />

attempts to find a solution have failed, the<br />

FCA considers that, especially in cases<br />

of long term unaffordability, this step may<br />

be in a customer’s best interests and that<br />

excessive forbearance will only cause<br />

additional detriment by increasing the sums<br />

outstanding. Firms must therefore proactively<br />

engage with customers, identify<br />

the problem, the prospects for payment<br />

and develop a plan suitable to their<br />

circumstances.<br />

Suitability of advice<br />

MCOB 4.7A provides that firms must ensure<br />

that any mortgage recommendation is<br />

suitable for that customer. The importance<br />

of this requirement is reflected by the fact<br />

it is also a high level rule within the FCA’s<br />

Principles for Businesses. Principle 9 states<br />

that: ‘A firm must take reasonable care to<br />

ensure the suitability of its advice …’<br />

The RBS and NatWest final notice is a<br />

reminder that to fulfil this obligation a lender<br />

Systems and controls<br />

The need to have adequate systems<br />

and controls with properly trained and<br />

competent staff, underpinned with sufficient<br />

resources is clear from these enforcement<br />

cases. These weaknesses contributed to<br />

the primary failings in arrears management,<br />

suitability of advice and complaints<br />

handling. By way of example:<br />

•<br />

the key assurance function at RBS and<br />

NatWest responsible for reviewing,<br />

assessing and remediating advised<br />

mortgage sales did not operate effectively<br />

with a knock on effect on the value of<br />

management information;<br />

•<br />

YBS’ arrears handling policy<br />

documentation provided insufficient detail<br />

to staff, was fragmented and incomplete<br />

(there being no policy towards noncooperative<br />

customers);<br />

•<br />

RBS and NatWest failed to provide staff<br />

with adequate training to support them<br />

in changes to the sales process with<br />

the result that improvements were not<br />

embedded;<br />

CONTINUES OVERLEAF<br />

The recognised standard in credit management<br />

www.cicm.com <strong>April</strong> 2015 35


CONSUMER CREDIT<br />

CONTINUED<br />

•<br />

the response of RBS and NatWest to<br />

concerns raised by the FCA was said to<br />

be ‘poorly planned, under-resourced and<br />

not subject to adequate oversight and<br />

governance’;<br />

•<br />

YBS staff needed to be adequately<br />

trained, sufficiently skilled and provided<br />

with appropriate guidance to ‘proactively<br />

engage with ... customers to ascertain<br />

the cause of their payment difficulties and<br />

their future financial prospects’;<br />

•<br />

YBS moved customer facing staff to<br />

oversight and quality assurance duties<br />

without replacements, thereby increasing<br />

delays in contacting customers in<br />

arrears which the FCA viewed as unfair<br />

treatment;<br />

•<br />

senior management at RBS and NatWest<br />

were absent from the working group<br />

tasked to address the issues raised, and<br />

managers delegated to their juniors. The<br />

FCA concluded that no senior manager<br />

had taken responsibility and there had<br />

been little meaningful challenge or<br />

scrutiny of the group’s work;<br />

•<br />

weaknesses in quality assurance and the<br />

provision of management information<br />

contributed to a slowness to implement<br />

improvements at YBS and was viewed<br />

by the regulator as an aggravating factor<br />

when considering the seriousness of<br />

these failings.<br />

Complaints and redress<br />

It is essential to have in place effective<br />

and transparent procedures to handle<br />

complaints under FCA Dispute Resolution:<br />

Complaints manual (DISP) 1.3. The<br />

YBS final notice reminds all firms that a<br />

customer need not necessarily use the<br />

word ‘complaint’, but it can be any oral or<br />

written expression of dissatisfaction about<br />

a firm’s financial services. There must also<br />

be an assertion that the customer has<br />

suffered financial loss, material distress or<br />

inconvenience. This means that staff need<br />

to be trained to identify and acknowledge<br />

customer complaints, otherwise they may<br />

go unrecorded and un-investigated.<br />

The FCA found, for example, that one<br />

YBS customer had repeatedly complained<br />

that the sale process was too slow, causing<br />

her distress and depression. Apart from<br />

the failure to comply with complaints<br />

handling rules, senior management need<br />

the management information generated<br />

from complaints data to inform them in the<br />

exercise of their responsibilities. Complaints<br />

information brings failings in processes and<br />

procedures to the attention of managers<br />

allowing corrective action to be taken.<br />

Where failings occur, any remediation<br />

and redress provided, particularly if<br />

voluntary, will be relevant to the FCA’s<br />

assessment of an appropriate sanction.<br />

The RBS and NatWest final notice views<br />

as a mitigating factor that both banks<br />

agreed to contact customers to identify and<br />

address any customer detriment arising.<br />

In relation to mortgage arrears that were<br />

incorrectly applied to customer accounts,<br />

YBS voluntarily refunded all administration<br />

fees over a five-year period. While redress<br />

often exceeds the amount of the fine, and<br />

for YBS was expected to reach £8.4 million<br />

in respect of 33,000 plus customers, it<br />

received credit (albeit unquantified) for<br />

taking steps to proactively compensate and<br />

for having done so in a transparent manner<br />

by posting details on its website.<br />

Key lessons<br />

Senior management and compliance, to<br />

the extent they have not already done so,<br />

should review product life cycles from the<br />

perspective of customers and test them<br />

against the six TCF outcomes. They should<br />

also consider whether certain customers<br />

might be vulnerable and what adjustments<br />

should be made to ensure they are treated<br />

fairly.<br />

Staff need to pro-actively engage with<br />

customers in difficulties or arrears, identify<br />

the problem, the prospects for payment and<br />

tailor solutions to their circumstances which<br />

may include repossession. And where<br />

appropriate, ensure staff obtain sufficient<br />

customer information to provide advice<br />

Staff need to 0<br />

pro-actively engage with<br />

customers in difficulties<br />

or arrears, identify<br />

the problem, the<br />

prospects for payment<br />

and tailor solutions to<br />

their circumstances<br />

which may include<br />

repossession ...<br />

– ROSANNA BRYANT<br />

tailored to their circumstances.<br />

Firms should check that processes and<br />

procedures are in place to demonstrate that<br />

regulatory requirements and standards have<br />

been met. At the same time firms should<br />

confirm that management information is<br />

being collected during the product journey,<br />

and in particular, that complaints are<br />

identified and their value as a management<br />

tool is recognised and acted upon.<br />

Where failings are identified, whether<br />

from internal processes or externally (e.g.<br />

an FCA supervisory visit), remedial action<br />

(providing redress) should be taken with<br />

sufficient resource allocated and senior<br />

management ownership.<br />

Senior Management Accountability<br />

Senior management should also be alert<br />

to the increasing risk that they may be<br />

held personally accountable. The FCA’s<br />

Statement of Principles for Approved<br />

Persons, for example Principles 6 and 7,<br />

require those exercising significant influence<br />

functions to exercise due skill, care and<br />

diligence in managing the business for<br />

which they are responsible and to take<br />

reasonable steps to ensure that it complies<br />

with the requirements and standards of<br />

the regulatory system. Enforcement action<br />

has recently been taken against former<br />

executives at Swinton Insurance who failed<br />

to consider customers’ best interests and<br />

treat them fairly.<br />

Rosanna Bryant is a Partner in Addleshaw<br />

Goddard’s Financial Services Group.<br />

rosanna.bryant@addleshawgoddard.com<br />

36<br />

<strong>April</strong> 2015 www.cicm.com<br />

The recognised standard in credit management


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The recognised standard in credit management www.cicm.com <strong>April</strong> 2015 37


PAYMENT TRENDS<br />

ON THE RIGHT TRACK<br />

<br />

Jason Braidwood MCI<strong>CM</strong>(Grad), Head of Sales Ledger Consultancy at Creditsafe Business<br />

Solutions, analyses the latest monthly business-to-business payment performance statistics:<br />

WELL St Valentine appears<br />

to have helped spread the<br />

love during February with<br />

improved payments throughout<br />

the country and across most industry<br />

sectors, according to our monthly<br />

analysis of Creditsafe’s trade payment<br />

data databases. By the end of the month,<br />

average days beyond terms had taken a<br />

turn for the better with an improvement of<br />

more than one and a half days, and they<br />

are now standing at a UK average of 16<br />

and a half days. While it’s good to see<br />

this move in the right direction, this is still<br />

nothing to be proud of and we can only<br />

hope that spring will see this positive trend<br />

continue to improve. As ever, it’s good to<br />

take a clear focus on the varying trends<br />

between industries and regions to help you<br />

prioritise your collection targeting.<br />

INDUSTRY SECTORS<br />

When we look at the sectors it’s interesting<br />

to note that business support in general<br />

appears to be slipping back with<br />

Professional and Scientific and Business<br />

Admin and Support heading our list of<br />

worsening sectors – a noticeable step back<br />

for the latter from January. However, when<br />

we look at the sectors with the poorest<br />

performance overall, we should perhaps<br />

be worried by the continuing late payment<br />

trends in Manufacturing Transportation and<br />

Agriculture – all big important economic<br />

sectors in the heart of the ‘real economy’<br />

with a wider impact and all continuing to<br />

pay well over 20 days beyond terms.<br />

On the more positive side, Water and<br />

Waste has certainly pulled itself back<br />

with a major improvement to once again<br />

reinforce the better performance of the<br />

Utilities sector as a whole who continue to<br />

dominate the ‘prompter payers’ section of<br />

our analysis.<br />

REGIONS<br />

The good news on improving payments<br />

appears to be fairly well spread around the<br />

country in a reverse of January’s position,<br />

with only Yorkshire and Humberside and<br />

East Anglia showing a worsening<br />

position. Given that East Anglia is one<br />

of the better regions that seems almost<br />

forgivable – although the Yorkshire and<br />

Humberside performance does stand<br />

out against the rest of the country. Big<br />

improvements in the East Midlands and<br />

Scotland were encouraging, and it is very<br />

welcome to see London back up the<br />

list of prompter paying regions given its<br />

importance to the economy as a whole.<br />

The disappointing performance from<br />

Yorkshire and the North West doesn’t quite<br />

point to a North-South divide, however,<br />

with the South West also fairly static in<br />

its performance at over 18 days beyond<br />

terms.<br />

Jason Braidwood MCI<strong>CM</strong>(Grad)<br />

Head of Sales Ledger Consultancy at<br />

Creditsafe Business Solutions<br />

38 <strong>April</strong> 2015 www.cicm.com<br />

The recognised standard in credit management


Sector<br />

Getting Better<br />

Water & Waste<br />

-11.7<br />

Wholesale/<br />

Retail<br />

-8.4<br />

Real Estate<br />

-8.3<br />

Getting Worse<br />

Professional<br />

& Scientific<br />

+10.6<br />

Business Admin<br />

& Support<br />

+5.5<br />

Business<br />

From Home<br />

+4.2<br />

Top Five Prompter Payers<br />

Bottom Five Poorer Payers<br />

Sector Feb 15 Change on Jan 15<br />

Wholesale/Retail 6.7 -8.4<br />

Mining & Quarrying 11.7 -2.8<br />

Water & Waste 11.8 -11.7<br />

IT & Comms 12.0 +0.5<br />

Energy Supply 12.2 -1.7<br />

Sector Feb 15 Change on Jan 15<br />

Professional & Scientific 26.6 +10.6<br />

International Bodies 23.0 +0.1<br />

Manufacturing 22.6 -1.3<br />

Agriculture 20.8 -0.9<br />

Transportation 20.7 -0.8<br />

Region<br />

6 5 4 3 2 1 0<br />

0 1 2 3 4 5 6 7 8<br />

Getting Better<br />

Scotland -6.4<br />

North West -2.8<br />

+5.0 Yorkshire & Humberside<br />

West Midlands -4.0<br />

Scotland<br />

16.6 DBT<br />

East Midlands +7.3 -13.2 East Midlands<br />

+3.0 East Anglia<br />

Wales -3.5<br />

South West -0.2<br />

South East -3.6<br />

Northern<br />

Ireland<br />

17.5 DBT<br />

North West<br />

19.6 DBT<br />

Yorkshire &<br />

Humberside<br />

22.5 DBT<br />

London -2.9<br />

Northern Ireland -0.4<br />

Getting Worse<br />

Wales<br />

17.1 DBT<br />

West<br />

Midlands<br />

16.6 DBT<br />

East<br />

Midlands<br />

9.2 DBT<br />

East Anglia<br />

12.9 DBT<br />

South West<br />

18.5 DBT<br />

London<br />

12.9 DBT<br />

South East<br />

16.2 DBT<br />

Top Six Prompter Payers<br />

Region Feb 15 Change on Getting Jan 15 Better<br />

East Midlands 9.2 -13.2<br />

London 12.9 -2.9<br />

East Anglia 12.9 +3.0<br />

Getting Worse<br />

South East 16.2 -3.6<br />

Scotland 16.6 -6.4<br />

West Midlands 16.6 -4.0<br />

Bottom Five Poorer Payers<br />

Water & Waste<br />

-11.7<br />

Wholesale/<br />

Retail<br />

-8.4<br />

Region Feb 15 Change on Jan 15<br />

Yorkshire & Humberside 22.5 +5.0<br />

North West 19.6 -2.8<br />

Professional<br />

Business Admin<br />

South West 18.5 -0.2<br />

& Scientific<br />

& Support<br />

Northern Ireland 17.5 -0.4<br />

Wales +10.617.1 -3.5 +5.5<br />

Real Estate<br />

-8.3<br />

B<br />

Fro<br />

The recognised standard in credit management<br />

www.cicm.com <strong>April</strong> 2015 39


MONTHLY ROUND-UP OF THE LATEST STORIES<br />

IN GLOBAL TRADE BY ANDREA KIRKBY.<br />

NEWS IN BRIEF<br />

EMERGING MARKETS –<br />

BACK TO 1998?<br />

EMERGING markets, for a long time<br />

the main motor of global growth, have<br />

recently showed signs of stalling. But<br />

Coface says although several countries<br />

– Russia, Venezuela, Argentina – are now<br />

in crisis, there's little likelihood of a rerun<br />

of the 1998 emerging markets crash.<br />

Countries learned from that<br />

experience, and now have more robust<br />

public finances, and banks with better<br />

balance sheets - plus in many cases<br />

significantly higher reserves of foreign<br />

currency.<br />

As always, you need to do your<br />

research on whatever country you’re<br />

exporting to. But the chances of an allout<br />

crash in the emerging markets seem<br />

more limited this time round – as long as<br />

China doesn't fall out of bed.<br />

NEGATIVE YIELDS<br />

NESTLE’S Euro denominated 2016 bond<br />

recently traded at a zero yield. In fact,<br />

better than that; it traded at a negative<br />

yield of 0.002 percent. If you want to<br />

lend money to Nestle, you now have to<br />

pay for the privilege.<br />

That seems crazy. And I do wonder<br />

if the financial markets are storing up<br />

some real pain if interest rates rise. (The<br />

Swiss franc has already bankrupted the<br />

US’s largest forex trader – and that’s a<br />

far smaller market than the eurobond<br />

market.)<br />

But it does mean unless you’re<br />

running very large risks, you should be<br />

getting a good deal on your bank loans.<br />

Banks love customer inertia – they make<br />

half their money out of it. So remember<br />

to run your eye over your financing<br />

options and make sure you're getting the<br />

best rate you can.<br />

OIL COMPANIES ARE THE NEW LEHMANNS<br />

AFTER the credit crunch, it took a while<br />

until we started seeing the pain coming<br />

through from property companies. With<br />

their properties revalued downwards, many<br />

of them were in breach of their banking<br />

covenants; some rescheduled successfully,<br />

others went to the wall.<br />

We’re now seeing the results of the<br />

fall in the oil price on oil exploration and<br />

production companies. Many of them<br />

have asset-backed finance based on the<br />

value of their oil in the ground – Reserve<br />

Based Lines. As the oil price sinks, the<br />

value of those reserves falls, too - and<br />

so does the company’s borrowing<br />

ability.<br />

So far, the banks are looking supportive.<br />

EXCO has seen a 20 percent fall in its<br />

resource value, but the banks have<br />

worked around it. But if you export into<br />

the oil sector – whether you're supplying<br />

machinery and survey services, or catering<br />

and security – you need to keep on top of<br />

the news, because the risk is beginning<br />

to mount. What looked like a conservative<br />

balance sheet this time last year could be<br />

dangerously stretched by now - even for<br />

profitable, producing companies.<br />

TWO DIFFERENT INDICES, TWO DIFFERENT STORIES<br />

I'VE just taken a look at two very different<br />

charts. One is the FTSE-100 index. The<br />

other is the Baltic Dry Index.<br />

The FTSE is trading at an all time high.<br />

The Baltic, on the other hand, is at a 29<br />

year low having lost more than 60 percent<br />

in the last year.<br />

The thing that makes me worry is that<br />

the Baltic has always been a pretty good<br />

lead indicator of global trade. Maybe less<br />

CHANGING TIMES IN VIETNAM<br />

VIETNAM is changing. It’s been moving<br />

up for a while now from a low cost labour<br />

economy into higher value areas. It’s<br />

also highly export driven, with textiles,<br />

footwear, and now increasingly electronics<br />

and technology, performing strongly, and<br />

that makes it a large market for capital<br />

goods. Not bad for a country still run by a<br />

Communist government.<br />

Foreign direct investment has been<br />

fuelling the economy, with South Korea one<br />

of the biggest investors. Coface has a C<br />

assessment on the country, but that's now<br />

so these days, as higher value freight no<br />

longer goes by ship; but it still makes me feel<br />

cautious about the frothy assumption that<br />

recovery is going to continue.<br />

It's also worrying because it means<br />

shipping and port companies are seeing less<br />

and less income from their activities, and<br />

that's sure to put strain on their finances<br />

despite a bit of help from lower fuel prices.<br />

Watch out for credit quality in those sectors.<br />

on positive watch, and the credit agencies<br />

upgraded their ratings in November last<br />

year. GDP growth is five percent plus,<br />

inflation has been tamed, and the only fly<br />

in the ointment is a rather tattered looking<br />

banking sector.<br />

As well as capital goods, infrastructure,<br />

energy, and education are all potential<br />

targets for British exporters.<br />

Watch out, though: the Vietnamese dong<br />

is pegged against the dollar, but as we’ve<br />

seen with Switzerland, pegs can come<br />

unstuck.<br />

40 <strong>April</strong> 2015 www.cicm.com The recognised standard in credit management


INTERNATIONAL TRADE<br />

ASEAN TO AEC<br />

NEWS IN BRIEF<br />

SOUTH East Asian countries are working<br />

towards open trade – a single market<br />

across the region by the end of 2015. The<br />

ASEAN Economic Community (AEC) could<br />

transform prospects: expected growth of<br />

five percent across the region this year<br />

could be dramatically increased as tariff<br />

barriers disappear.<br />

Don't hold your breath though. It's<br />

not at all clear whether all the constituent<br />

countries are ready for the change; some<br />

protectionist opposition has emerged, and<br />

there are rumours that implementation<br />

could be delayed.<br />

However, the long-term plan is still for<br />

closer economic union – which means if<br />

you're trading in any of the constituent<br />

countries, you need to think about what<br />

it will mean for you. There will be some<br />

threats – but equally, there could be the<br />

opportunity to become a major regional<br />

export player.<br />

GREXIT AVERTED?<br />

NEGOTIATIONS between the new Greek<br />

government and its Eurozone peers have<br />

ended not in a standoff, not in a real deal,<br />

but in a four-month extension of provisional<br />

arrangements.<br />

Things were getting pressing: first of<br />

all because the Greek government has<br />

no liquidity left. The tax take has shrunk –<br />

many Greeks are simply not paying their<br />

taxes, and the economic situation means<br />

there’s not much income or profit to tax<br />

– and the Government may not be able<br />

A recent US court case saw American<br />

candy giant Hershey's block the import of<br />

UK made confectionery – on trademark<br />

grounds.<br />

Hershey's said the confectionery,<br />

particularly its packaging, was too close to<br />

the candy that Hershey’s makes in the US<br />

under licence from Cadbury’s. (More cynical<br />

observers note that ‘chocolate’ in the US<br />

only needs 10 percent cocoa content,<br />

whereas UK ‘chocolate’ has to be at least<br />

NO SWEET DREAMS<br />

<br />

to continue paying pensions or wages.<br />

after Secondly, because Putin is sticking<br />

his finger in by offering his own deal, and<br />

making a purely Eurozone affair into a<br />

major international ignition point.<br />

Predictions of a Grexit were wide of<br />

the mark. But the country only has four<br />

months and it’s back to the negotiating<br />

table. If you’re exporting to Greece,<br />

you need to be very careful about what<br />

currency you get paid in, and when exactly<br />

you get paid.<br />

20 percent.)<br />

That is a warning to exporters – do<br />

your research properly; even if you’re<br />

exporting goods with valid trademarks in<br />

the UK, there could be a clash with local<br />

businesses.<br />

(And for the record, there is only one<br />

US confectionery product that is really<br />

worth seeking out: Reese’s Peanut Butter<br />

Cups. Which as it turns out are made... by<br />

Hershey’s).<br />

FOREIGN EXCHANGE SPECIALISTS<br />

CURRENCY EXCHANGE RATES FOR PREVIOUS MONTH:<br />

HIGH LOW TREND<br />

GBP/EUR 1.4014 1.3433 Up<br />

GBP/USD 1.5550 1.5032 Up<br />

GBP/CHF 1.4987 1.4065 Up<br />

GBP/AUD 2.0012 1.9376 Down<br />

GBP/CAD 1.9536 1.8910 Up<br />

GBP/JPY 184.9631 180.4024 Up<br />

FOR THE LATEST EXCHANGE RATES VISIT CURRENCYUK.CO.UK<br />

OR CALL 020 7738 0777<br />

Currency UK is authorised and regulated by the Financial Conduct Authority (FCA).<br />

SOCIAL MEDIA<br />

AN interesting snippet in the trade<br />

press was the decision by Tunbridge<br />

Wells county court to allow a trustee in<br />

bankruptcy to notify the bankrupt of an<br />

order made against him by posting it on<br />

the bankrupt's Facebook page.<br />

That leads me to wonder whether<br />

we're all making the best use of social<br />

media. Have you looked up your<br />

trade customers' Facebook pages?<br />

Do you follow them on Twitter? Does<br />

the CEO have an interesting life over<br />

at LinkedIn? Sometimes, that gives<br />

you a different perspective from the<br />

annual report or the financial press.<br />

Sometimes, of course, it won't be<br />

useful at all. But it might be worth<br />

taking a look.<br />

Whether using a customer's<br />

Facebook page to request an overdue<br />

payment is a good idea remains to be<br />

seen.<br />

NEW FAD DIETS?<br />

THE world is changing its diet, and that’s<br />

creating interesting opportunities for UK<br />

food exporters.<br />

For instance, India – a country full<br />

of vegetarians – is now eating more<br />

and more meat. And the Chinese,<br />

whose traditional diet contains no dairy<br />

products at all, are drinking more and<br />

more milk.<br />

But Elmgrove Foods (the Food and<br />

Drink Federation's exporter of the year<br />

in 2013) has made its business out<br />

of supplying more traditional tastes –<br />

‘selling the unsellable,’ exporting all<br />

kinds of offal that we don’t eat and other<br />

people will. It started off supplying beef<br />

and lamb to Vietnam – and now exports<br />

to 80 different countries. Smart chaps!<br />

The recognised standard in credit management<br />

www.cicm.com <strong>April</strong> 2015 41


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42 <strong>April</strong> 2015 www.cicm.com<br />

The recognised standard in credit management


SOAPBOX CHALLENGE<br />

MANNERS MAKETH<br />

DIGITAL<br />

Glen Bullivant FCI<strong>CM</strong> has an issue with<br />

smartphones, or rather smartphone users.<br />

SOAPBOX<br />

challenge<br />

YOU may well ask why it is that you<br />

have not heard anything from me<br />

for a little while, and to be honest, I<br />

am going to tell you even if you have<br />

not asked. Hitherto, I have always waited<br />

for the signal from the Journal bunker and<br />

the steer towards the subject matter as<br />

specified by the Editorial Grand Master. The<br />

silence being deafening, I accepted my fall<br />

from grace with only marginal grumpiness –<br />

until the other week, that is.<br />

At the very splendid posh frock do in<br />

London, me and himself exited the venue<br />

at about the same time, me all poise and<br />

elegance and himself, it has to be said,<br />

looking a tad frayed around the edges.<br />

He muttered something about having<br />

just flown in from Dubai that afternoon<br />

by way of explanation, though I suspect<br />

that a glass or three of Chardonnay and<br />

a peck on the cheek from the glamorous<br />

co-host had done little to improve the<br />

jet-lag recovery. “Where’s your article?” – a<br />

command rather than a question. “What<br />

do you want?” – a meek enquiry as I know<br />

my place. Negotiating his way past two<br />

security guards (who would not have been<br />

out of place as extras in Die Hard 5), he<br />

briefly turned his head and said: “get on<br />

your soapbox”.<br />

Now it is funny he should have<br />

said that, because of late, something<br />

has been annoying me. Smartphones.<br />

Now before you start shouting Luddite,<br />

Dinosaur or some such similar derogatory<br />

condemnation of an old duffer, let me be<br />

more precise – smartphone users. I have a<br />

smartphone and I would not be without it.<br />

I love it and I use it, though I would be the<br />

first to confess that perhaps I do not utilise<br />

every function of which it is capable. Be<br />

that as it may, it goes everywhere with me<br />

and I would not be without it (though I do<br />

remember vaguely that somehow or other<br />

we coped before their introduction).<br />

We have all got used to the loud<br />

conversations on trains – a stern look<br />

usually suffices – and we mostly accept<br />

the need to stand right in front of the<br />

baked beans in Sainsburys while taking<br />

instructions digitally from ‘er indoors.<br />

The two smartphone cardinal sins from<br />

my perspective come under the general<br />

headings of awareness and manners.<br />

Awareness – knowledge or perception<br />

of a situation or fact. Credit managers know<br />

all about awareness, or they should do in<br />

so far as knowing what is going on is stock<br />

in trade. Something about the smartphone,<br />

however, appears to shroud awareness in<br />

an impenetrable fog – I see them and their<br />

owners wandering blissfully across Oxford<br />

Street without a care in the world. I know<br />

not whether it is a text received, one being<br />

sent or an ardent desire to reach the next<br />

level in Candy Crush, but both phone and<br />

owner are totally oblivious to big red buses,<br />

black cabs, courier motorcycles or anything<br />

else potentially lethal. If the earphones are<br />

implanted, they cannot hear anything either<br />

other than Ellie Goulding or Mark Ronson<br />

(whoever they are).<br />

The pavement is no safer – they walk,<br />

or rather amble, directly towards me, and<br />

it is for me to take the required avoiding<br />

action because in their now world, I just<br />

do not exist. More annoying is the sixth<br />

sense that they appear, in some cases, to<br />

have developed – a sort of radar, which<br />

means as I move slightly to the left to<br />

prevent collision, they move without reason<br />

it appears to their right. Bump – I am so<br />

sorry, I do beg your pardon. Why am I<br />

apologising?<br />

Manners – a) a way in which a thing is<br />

done or happens; b) a person’s outward<br />

bearing or way of behaving towards others.<br />

This section requires me to put another<br />

soapbox on top of the one I have already<br />

mounted, because smartphones and<br />

manners just do not compute. Consumers<br />

have high demands when it comes to<br />

customer service as indeed do B2B<br />

customers. Credit managers know that as<br />

well – in fact no one understands customer<br />

service better than credit managers.<br />

We may now be heading towards the<br />

standard of customer service we deserve<br />

due to the smartphone owner who has no<br />

regard for manners or common courtesy.<br />

The phone is glued to the ear when at the<br />

railway ticket office, post office counter,<br />

shop, bank or just about anywhere when<br />

the situation requires the smartphone owner<br />

and the member of staff to interact, i.e. talk.<br />

No call is that urgent or important that the<br />

phone cannot be put away for just a minute<br />

while the staff member receives the respect<br />

and courtesy he or she deserves. Bear with,<br />

bear with…..no, not me, matey<br />

.Glen Bullivant FCI<strong>CM</strong><br />

Do you have an issue worthy of the soapbox challenge? If you do, the editor would love to hear from you.<br />

Send your email to editorial@cicm.com or andrew.morris@cicm.com<br />

The recognised standard in credit management<br />

www.cicm.com <strong>April</strong> 2015 43


LEGAL COLUMN<br />

NORTHERN ROCK’S<br />

CONFUSING LOANS<br />

Northern Rock purported to incorporate the provisions of the<br />

Consumer Credit Act 1974 into some loans, which were not strictly<br />

regulated consumer credit agreements. Peter Walker reviews a recent<br />

case to see if the other borrowers could claim the same recompense.<br />

IN the first half of the 20th century<br />

Robert Benchley, a US humourist,<br />

would not trust a bank prepared to lend<br />

money to him, such ‘a poor risk’ he<br />

thought, but what turned out to be poor<br />

decisions by financiers, such as Northern<br />

Rock, were part of this century’s greater<br />

financial problems. A High Court judge in<br />

NRAM plc v McAdam and Hartley [2014]<br />

EWHC 4174 (Comm) considered some of<br />

Northern Rock’s problems in the light of the<br />

Consumer Credit Act 1974.<br />

The background to the litigation was<br />

that, after the nationalisation of Northern<br />

Rock, the business was split, and NRAM<br />

plc took over the pre-existing mortgages<br />

together with the pre-existing unsecured<br />

loan accounts. It has a new owner, UK<br />

Asset Resolution Limited, which has<br />

another subsidiary company owning<br />

the closed mortgage books of Bradford<br />

and Bingley. Taxpayers in the UK will be<br />

interested in the outcome, because the<br />

government has lent a lot of money to<br />

resolve the financial problems of those two<br />

financial institutions.<br />

The new companies deal with the<br />

transactions created by their predecessors,<br />

including certain unsecured credit<br />

agreements entered into by Northern<br />

Rock. Some borrowers took out secured<br />

loans of up to nine percent of the value<br />

of their homes and further unsecured<br />

loans of up to 30 percent of that value.<br />

Those unsecured loans were capped at<br />

£30,000.<br />

The two defendants in the NRAM case<br />

borrowed that full amount, but section 8(2)<br />

(since repealed by the Consumer Credit<br />

Act 2006 effective on 6 <strong>April</strong> 2008) of the<br />

Consumer Credit Act 1974 only created<br />

regulated consumer credit agreements<br />

when the credit was less than £25,000.<br />

Regulated agreements have to comply<br />

with provisions such as those relating<br />

to disclosure of information, and from 1<br />

October 2008 creditors have to supply<br />

periodic statements (s 77A of the 1974 Act).<br />

44 <strong>April</strong> 2015 www.cicm.com<br />

The recognised standard in credit management


more than 40,000 people who had a personal loan with Northern<br />

Rock…are in line for windfalls averaging £6,000 each.’ It stated that ‘none<br />

of them are said to have lost out financially. And the taxpayer will be picking<br />

up the £261 million bill...’<br />

– THE GUARDIAN<br />

Northern Rock had, however, used the<br />

same paperwork for all such unsecured<br />

loans, i.e. including loans of £30,000.<br />

Burton J had to decide whether the rights<br />

and remedies under the 1974 Act applied<br />

to such agreements for amounts greater<br />

than £25,000. There are, for example,<br />

consequences if a creditor fails to provide<br />

periodic statements, and, according to<br />

section 77A(6), these include the loss<br />

of the right to pay interest ‘to the extent<br />

calculated by reference to the period of<br />

non-compliance or to any part of it’ (s77A(6)<br />

(b)).<br />

The Claimant had not complied with the<br />

provisions, but compensated borrowers,<br />

whose agreements were clearly regulated<br />

agreements, i.e. their unsecured loans were<br />

less than £25,000. It declined to do the<br />

same for those people who had borrowed<br />

more than that amount. The cost would<br />

already be around £258 million, but those<br />

not compensated wanted the same benefit.<br />

The agreements, after all, seemed to be<br />

subject to the 1974 Act.<br />

Contract<br />

This raised the question as to whether or<br />

not the parties to an unregulated agreement<br />

could contract into the 1974 legislation.<br />

Toulson J in Brandeis Brokers Ltd v Black<br />

[2001] 2 Lloyd’s Rep 359 had considered<br />

a bill of lading subject to the rules of the<br />

Securities and Futures Authority. Many<br />

of them were inapplicable to a Charter<br />

Party, but Toulson J noted that there were<br />

‘relevant parts which do potentially have<br />

such a bearing.’<br />

Romilly MR had a different point of<br />

view in the case In re Strand Music Hall<br />

Company (Limited) [1865] 35 Beav. 153,<br />

which concerned the powers of directors<br />

to issue bonds. He explained, ‘The proper<br />

mode of construing any written instrument<br />

is to give effect to every part of it, if this be<br />

possible, and not to strike out or nullify one<br />

clause in a deed, unless it be impossible to<br />

reconcile it with another and more express<br />

clause in the same deed.’ Lord Esher<br />

MR in Stewart & Co v Merchants Marine<br />

Insurance Co Ltd [1886] 16 QBD 619 was,<br />

however prepared to strike out ‘immaterial<br />

stipulations which cannot possibly apply to<br />

an insurance of a ship.’<br />

Estoppel<br />

Northern Rock in the NRAM case could<br />

therefore be estopped from denying that<br />

the relevant agreements were governed by<br />

the Consumer Credit Act 1974. Estoppel<br />

was defined by Sir William Blackstone in<br />

the 18th century as happening ‘where a<br />

man hath done some act or executed some<br />

deed which estops or precludes him from<br />

averring anything to the contrary.’<br />

It was an issue in Daejan Properties Ltd<br />

v Mahoney [1996] 28 HLR 498, where the<br />

Rent Act 1977 required the Landlord to<br />

be a party in any agreement between the<br />

statutory tenant and an incoming tenant to<br />

enable the latter to be a statutory tenant<br />

(Sch 1 para (13(2))). The Landlord was not<br />

a party to the agreement, but recognised<br />

both people as joint statutory tenants. Sir<br />

Thomas Bingham MR observed, ‘Parties<br />

cannot contract out of the Rent Act and<br />

therefore cannot be estopped that the<br />

Rent Acts will not apply.’ He added, ‘But in<br />

respect or those matters upon which the<br />

parties are at liberty to agree, there seems<br />

to me no reason why the ordinary doctrine<br />

of estoppel should not prevent a party from<br />

denying that he has so agreed.’ The judges<br />

of the Court of Appeal therefore ruled that<br />

the Landlord was estopped from denying<br />

the position, i.e. that it would treat the<br />

tenants as though they were joint statutory<br />

tenants as if there was an agreement to<br />

do so.<br />

Estoppel, however, is normally<br />

applicable to mistakes of fact, and is also<br />

a shield to defend, not a sword to attack.<br />

The 1966 edition of Snell’s ‘Equity’ states<br />

‘By the nineteenth century, both at law<br />

and in equity the rule was that there would<br />

be an estoppel where there had been a<br />

representation, by words or conduct, of<br />

existing facts, not law, intended to be acted<br />

upon and in fact acted upon to his prejudice<br />

by the person to whom it was made.’<br />

There have been many developments<br />

in the idea since the nineteenth century,<br />

and in The Vistafjord [1988] 2 Lloyd’s Law<br />

Rep 343 the judges of the Court of Appeal<br />

considered estoppel in the context of an<br />

agreement, by which a claimant was to<br />

pay 15 percent commission on gross ticket<br />

sales for cruises on a liner. The defendants<br />

arranged a charter to a company and a<br />

sub-charter, but the claimants objected<br />

to the latter. In addition to that objection<br />

they were unwilling to pay commission,<br />

because, for example, the sub-charter was<br />

outside the passenger sales agreement.<br />

The judges of the Court of Appeal decided<br />

that both parties knew of the sub-charter,<br />

and that the defendants would not have<br />

committed themselves without expectation<br />

of commission. The charter furthermore<br />

was dependent on the sub-charter.<br />

This case incorporated the idea<br />

of estoppel by convention, which is<br />

sometimes known as estoppel by<br />

agreement. The parties in this situation<br />

assume facts, and will be precluded from<br />

denying that assumption, if it would be<br />

unjust or unconscionable to allow them to<br />

go back on it.<br />

Bingham LJ set out a three-stage<br />

test. ‘It applies where (1) the parties have<br />

established by their construction of their<br />

agreement or their apprehension of its<br />

legal effect a conventional basis, (2) on that<br />

basis they have regulated their subsequent<br />

dealings, to which I would add (3) it would<br />

be unjust or unconscionable if one of the<br />

parties resiled from that convention.’ There<br />

is furthermore a course of conduct after<br />

the contract, which results in a common<br />

understanding. Bingham LJ made another<br />

observation about estoppel by convention.<br />

He said that it ‘need not be of facts but may<br />

be of law.’<br />

Conclusion with a proviso<br />

That and other rulings were reviewed in<br />

Burton J’s judgment in the NRAM case. The<br />

claimant, i.e. NRAM, wanted him to declare,<br />

for example, that the rights and remedies<br />

under section 77A of the Consumer Credit<br />

Act 1974 were not incorporated into the<br />

agreement. The claimant also wanted a<br />

declaration that it was not in breach of<br />

its obligations by its failure to provide<br />

statements as required, and, where they<br />

did not comply, it did not have to repay<br />

or re-credit default sums or interest to the<br />

defendants.<br />

Burton J was unsympathetic, and was<br />

‘satisfied that the rights and remedies<br />

in relation to section 77A were imported<br />

into the Agreement.’ The claimants were<br />

therefore in breach of it.<br />

There were resulting headlines in<br />

newspapers such as ‘The Guardian’, which<br />

on 10 December 2014 reported that ‘more<br />

than 40,000 people who had a personal<br />

loan with Northern Rock…are in line for<br />

windfalls averaging £6,000 each.’ It stated<br />

that ‘none of them are said to have lost out<br />

financially. And the taxpayer will be picking<br />

up the £261 million bill.’<br />

The case, however, may go to appeal, so<br />

perhaps other judges will have a different<br />

point of view. The cases nonetheless<br />

emphasise the importance of complying<br />

with the provisions with the Consumer<br />

Credit Act 1974. Credit Managers will rarely<br />

deal with situations like those of Northern<br />

Rock: very fortunate for all of us!<br />

The recognised standard in credit management<br />

www.cicm.com <strong>April</strong> 2015 45


HR MATTERS<br />

INCREASING A<br />

DISCIPLINARY SANCTION<br />

AT THE APPEAL STAGE<br />

WHEN faced with a disciplinary<br />

issue, employers need to keep<br />

the terms of their disciplinary<br />

procedure in mind – acting<br />

otherwise in accordance with a policy<br />

will have an impact on the fairness of any<br />

subsequent dismissal. A carefully drafted<br />

disciplinary procedure is also very important<br />

at appeal stage. The Court of Appeal was<br />

recently required to consider the fairness<br />

of an employer's appeal procedure in<br />

circumstances where an employer sought,<br />

at appeal stage, to increase a disciplinary<br />

sanction that had been already given to that<br />

employee.<br />

Contractual disciplinary policy<br />

In the case of McMillan v Airedale NHS<br />

Foundation Trust [2014], Miss McMillan was<br />

employed at Airedale NHS Foundation Trust<br />

as a consultant. The Trust’s disciplinary<br />

procedure was incorporated into McMillan’s<br />

contract of employment, making it a<br />

contractual document. The disciplinary<br />

procedure provided that an employee could<br />

appeal against a warning or dismissal and<br />

that there was no further right of appeal<br />

following that initial appeal stage.<br />

The Trust instigated disciplinary<br />

proceedings against McMillan, and<br />

following an investigation and disciplinary<br />

proceedings, upheld allegations of<br />

misconduct. McMillan was issued with a<br />

final written warning, which she appealed<br />

against.<br />

Employee’s appeal<br />

In an exchange of correspondence before<br />

the appeal hearing, the Trust confirmed<br />

that the appeal panel would consider the<br />

evidence in relation to the allegations and<br />

would be entitled to determine its own<br />

outcome in terms of the sanction applied.<br />

The appeal hearing then took place and,<br />

having heard evidence and reached its<br />

decision, the panel set out its findings in<br />

a letter to McMillan. The letter concluded<br />

by saying that the panel should go on to<br />

decide what sanction should be imposed.<br />

Disciplinary sanction<br />

The appeal panel concluded that the<br />

original decision had been a correct one<br />

and that the allegations against her had<br />

been well founded. In addition, however,<br />

the appeal panel indicated that they felt<br />

that it would be appropriate to reconvene to<br />

reconsider the appropriate sanction.<br />

Court's decision<br />

Before the appeal panel could make its final<br />

decision on sanction, McMillan applied to<br />

the High Court for an injunction seeking<br />

to prevent the Trust from increasing the<br />

sanction to dismissal. At the initial hearing<br />

of this injunction, the High Court held that<br />

the employment contract did not allow the<br />

appeal panel to increase the sanction and<br />

issued the injunction, preventing the appeal<br />

panel from taking this measure.<br />

The Trust appealed to the Court of<br />

Appeal (CA) but the appeal was dismissed,<br />

with the CA agreeing with the High Court's<br />

original decision. The CA held that there<br />

was no express right in the contractual<br />

disciplinary procedure to increase the<br />

sanction on appeal and this did not mean<br />

that the Trust had free rein to take whatever<br />

step that it wished at appeal. Interestingly,<br />

the CA said that the possibility of appeal<br />

under the procedure ‘‘was there to benefit<br />

the employee.”<br />

The CA went on to say that the<br />

procedure expressly provided that there<br />

was no further right to appeal against the<br />

decision reached at the appeal hearing.<br />

This meant that if the Trust was able<br />

to increase the sanction on appeal this<br />

would mean that the employee would<br />

have no further right to appeal against that<br />

increased sanction, which goes against<br />

the general principles of fairness. The CA<br />

also referred to the ACAS guide 'Discipline<br />

and Grievances at work' which expressly<br />

states that an appeal should not result in an<br />

increase in penalty.<br />

Best practice<br />

This case is a reminder that where an<br />

employer has a contractual disciplinary<br />

procedure, it is bound by the terms of<br />

that procedure. Invariably, the scope of<br />

an appeal would not usually extend to<br />

increasing sanctions, and to do so would<br />

conflict with ACAS guidance and would<br />

usually constitute unfair practice.<br />

If an employer does want particular<br />

flexibility to increase sanctions on appeal<br />

they would need to provide for an express<br />

power to do so in the relevant procedure.<br />

There would also need to be a further right<br />

of appeal against that sanction.<br />

This case can be distinguished from the<br />

case of Christou and another v London<br />

Borough of Haringey [2013] that involved<br />

the two social workers involved in the<br />

Baby P case. In this case, new facts came<br />

to light that justified a fresh disciplinary<br />

process. Eventually, as a result of that new<br />

disciplinary process, the employees were<br />

dismissed, notwithstanding that the original<br />

disciplinary process had resulted in initial<br />

sanctions of written warnings. Increasing<br />

disciplinary sanction, or trying to unpick<br />

and change the result of a disciplinary<br />

process is very unlikely to be fair and will<br />

only succeed in the most extreme set<br />

of circumstances – as the Baby P case<br />

illustrates.<br />

Gareth Edwards is a partner<br />

in the employment team at<br />

Veale Wasbrough.<br />

<br />

46 <strong>April</strong> 2015 www.cicm.com<br />

The recognised standard in credit management


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• We offer the MOST COMPETITIVE RATES in the market.<br />

At Portfolio Credit Control we pride ourselves on<br />

our commitment to service delivery, business ethics,<br />

honesty and integrity and ensuring our service exceeds<br />

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We know Credit Control and we also understand what<br />

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congratulate all the nominees<br />

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“<br />

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tel:020 7650 3199<br />

email: recruitment@portfoliocreditcontrol.com


Legal Matters<br />

EMMA EMERY IS A PARTNER AT FREETHS : emma.emery@freeths.co.uk<br />

FREE LEGAL ADVICE FROM FREETHS BY CALLING<br />

THE CI<strong>CM</strong> LEGAL HELPLINE 0845 0779698<br />

CI<strong>CM</strong> FREE<br />

LEGAL<br />

HELPLINE<br />

Getting Your Money Back -<br />

Charging Orders<br />

In this month’s Legal Matters we give you an overview of another Judgment<br />

enforcement method, Charging Orders.<br />

YOU may have recently obtained a<br />

County Court judgment against an<br />

individual Debtor for an unpaid debt.<br />

Despite this, the Debtor may still not<br />

have paid the money back. What do you do next?<br />

What is it?<br />

If your Debtor owns property one option is<br />

to obtain a Charging Order. The purpose of a<br />

Charging Order is to try and secure the monies<br />

that are owed to you by placing an entry at the<br />

Land Registry on the Debtor’s beneficial interest in<br />

the property.<br />

Process of obtaining a Charging<br />

Order<br />

There is a two stage process to obtaining a<br />

Charging Order:<br />

1. You need to apply for a Charging Order on<br />

a standard court form. The court will usually<br />

consider the application without a hearing and if<br />

everything is in order an Interim Charging Order<br />

is granted by the court. The Interim Charging<br />

Order can then be registered on the Debtor’s<br />

interest in the property by way of Agreed Notice<br />

(if the property is solely owned by the Debtor)<br />

or by way of Restriction (if the property is jointly<br />

owned by the Debtor and another).<br />

2. The court lists the Charging Order application<br />

for final hearing at which point the court will<br />

either dismiss the Interim Charging Order<br />

or make it Final either with our without<br />

modifications. The Final Charging Order can also<br />

then be registered on the title of the property.<br />

<br />

An Interim Charging Order can be granted at any<br />

time after the judgment falls due. The Charging<br />

Order will be registered on the Debtor’s beneficial<br />

interest in the property but not the joint owner’s<br />

interest (should the property be jointly owned).<br />

You have a Final Charging Order,<br />

what next?<br />

The purpose of a Charging Order is to try to and<br />

secure the Judgment debt which is due to you plus<br />

accrued interest and costs. This means that, should<br />

the Debtor seek to sell his or her property (or in<br />

some cases remortgage) and there is sufficient<br />

equity in the property once prior chargeholders,<br />

such as mortgage providers, have been paid in full,<br />

the surplus sale proceeds can be used to pay your<br />

Judgment debt either in full or in part.<br />

One option then open to you, rather than just<br />

sitting and waiting for the Debtor to sell the<br />

property, is, if you are satisfied that there is<br />

sufficient equity available to pay your Judgment,<br />

to issue a claim for possession and sale of the<br />

property. The granting of an order for sale is<br />

discretionary but the Debtor will need good reason<br />

as to why such an order should not be made and<br />

he will need to convince the judge at the hearing<br />

of the claim. If you obtain an order for possession<br />

and sale then you can proceed to obtain a writ of<br />

possession and send a High Court Enforcement<br />

Officer to the property to take possession and you<br />

can then market the property for sale. The court<br />

will usually order that the prior chargeholders be<br />

paid in priority from the sale proceeds and the<br />

costs of sale will also be deducted from the sale<br />

proceeds. If the property is jointly owned then you<br />

will be entitled to the Debtor’s interest in the sale<br />

proceeds (usually 50 percent) once these expenses<br />

have been paid and these proceeds can be used to<br />

pay your judgment debt.<br />

Advantages of using a Charging<br />

Order<br />

• Your judgment debt effectively becomes secured<br />

over the Debtors beneficial interest in the<br />

property.<br />

• It can be used alongside other methods of<br />

enforcement i.e attachment of earnings or third<br />

party debt orders.<br />

• It is a relatively quick process.<br />

• It is a relatively cheap process.<br />

CASE STUDY –<br />

After obtaining an Interim Charging Order,<br />

the Debtor disputed that he had a beneficial<br />

interest in the jointly owned property<br />

because he had entered into a Deed of Trust<br />

with his wife whereby he transferred his<br />

beneficial interest to her to protect the home<br />

from creditors. We successfully applied to the<br />

court that the Trust was a sham solely to put<br />

assets beyond the reach of creditors (s423<br />

Insolvency Act 1986) and the final charging<br />

order was granted. A claim for possession and<br />

sale was subsequently issued and an order<br />

for sale granted.<br />

If you require advice on applying for a Charging Order then please contact us on the Legal Helpline.<br />

www.freeths.co.uk<br />

Banking & Finance / Business Services / Corporate Finance / Construction / Employment / Public Sector / Real Estate<br />

Services for Individuals / Taxation<br />

Birmingham • Derby • Leeds • Leicester • London • Manchester • Milton Keynes • Nottingham • Oxford • Sheffield • Stoke on Trent<br />

48 <strong>April</strong> 2015 www.cicm.com The recognised standard in credit management


WE WANT<br />

YOUR<br />

BRANCH<br />

NEWS!<br />

CONTINUING PROFESSIONAL<br />

DEVELOPMENT (CPD)<br />

HOW CAN YOU ACHIEVE CI<strong>CM</strong> CPD HOURS?<br />

You can achieve CI<strong>CM</strong> CPD hours a number of ways; by attending branch<br />

events, masterclasses, training and undertaking special projects at work.<br />

The CI<strong>CM</strong> activities offering CPD hours can be identified by the CPD logo<br />

which will detail the hours achievable by participating. Below are a few<br />

examples of forthcoming events:<br />

CPD<br />

2<br />

1 APRIL – CI<strong>CM</strong> WEST MIDLANDS<br />

BRANCH, BAILIFF REFORMS IN<br />

PRACTICE, BIRMINGHAM.<br />

22 APRIL – CI<strong>CM</strong> MASTERCLASS –<br />

CREDIT RISK AND COMPLIANCE,<br />

BLACKBURN.<br />

<strong>CM</strong><br />

Credit Management magazine<br />

for consumer and commercial<br />

credit professionals<br />

29 APRIL – CI<strong>CM</strong> MASTERCLASS<br />

– SUCCESS WITH TECHNOLOGY<br />

SOLUTIONS, LONDON.<br />

See the forthcoming events section for many more opportunities.<br />

Have you completed 24 x CI<strong>CM</strong> CPD hours? If so, it’s time to submit<br />

your plan and PROGRESS report for certification.<br />

Send your completed submission to Sue Kettle at the CI<strong>CM</strong> HQ<br />

or email cpd@cicm.com<br />

TO DOWNLOAD A CPD DEVELOPMENT PLAN AND PROGRESS RECORD VISIT<br />

WWW.CI<strong>CM</strong>.COM<br />

RECEIVE<br />

YOUR<br />

PERSONAL<br />

SEAL OF<br />

APPROVAL<br />

The Royal Charter affirms the quality and integrity of your<br />

Institute, your qualifications, you as a member, and the<br />

critical role that you play in your business.<br />

New Chartered Institute of Credit Management membership<br />

certificates are now available for any members who would<br />

like to receive one.<br />

You can order a new certificate for the nominal cost of £25<br />

to cover printing, administration and postage.<br />

Visit http://www.cicm.com/certificate-request-form/<br />

to request your certificate today or simply call 01780<br />

722903.<br />

The recognised standard in credit management<br />

www.cicm.com <strong>April</strong> 2015<br />

49


CI<strong>CM</strong> BRANCH NEWS<br />

BRANCH members met for their regular<br />

(semi-annual), bowling match at the Milton<br />

Keynes XScape Centre recently.<br />

As ever competition was fierce and<br />

some participants obviously took it quite<br />

seriously whilst others just enjoyed the<br />

opportunity to learn a new skill and meet<br />

with other credit professionals.<br />

As last year, dark horse Matt (I don’t<br />

CHILTERNS BRANCH BOWLING EVENING<br />

MEMBERS STRIKE IT LUCKY!<br />

play regularly) was in good form whilst<br />

Pete from Milton Keynes (to quote Paul<br />

Daniels) ran him very close, having<br />

recovered from his late night at the<br />

CI<strong>CM</strong> Awards in London the previous<br />

evening.<br />

Top score went to veteran Stuart, but<br />

given that the prize for best performance<br />

was provided by FUJI he handed over the<br />

trophy to Matt at the end of the games.<br />

Top scores over two games were:<br />

Stuart 258, Matt 231, Pete 230, and Cham<br />

212.<br />

It was great to see some new faces and<br />

our Secretary, Cham spent time between<br />

his turns persuading some of them to join<br />

him on the committee.<br />

EAST OF ENGLAND BRANCH<br />

EAST OF ENGLAND BRANCH AGM<br />

THE AGM at FRP Advisory LLP in<br />

Brentwood was well attended despite<br />

foul weather. Chairman Richard Brown<br />

reported on another good year.<br />

The Data Usage in Credit Management<br />

conference in London had been well<br />

attended and received, with positive<br />

feedback from delegates and speakers.<br />

He thanked Hays Credit Management<br />

for hosting the day, Prism for donating<br />

to the Branch’s charity - Paddington<br />

Development Trust, and corporate<br />

partners Sidetrade for sponsoring the prize<br />

draw.<br />

The joint golf day with London<br />

Branch had been an enjoyable sporting<br />

and networking event and thanks went<br />

to Mike Wykes of London Branch for<br />

organising it, Smith and Williamson LLP,<br />

CRS Electronics Limited, and Buttsbury<br />

Consulting, for their sponsorship which<br />

ensured that it was self funded.<br />

Once again the Branch had supported<br />

the Turner Lecture, Branch member Atul<br />

Vadher being a panellist.<br />

Committee members were thanked for<br />

their support in raising the Branch’s profile<br />

through Brentwood and Essex Chambers<br />

of Commerce.<br />

Outgoing committee member David<br />

Seago gave the Treasurer’s report and<br />

he was then thanked by the Chairman<br />

for his service. Details of the new 2015<br />

Committee are on the Branch page of the<br />

CI<strong>CM</strong> website.<br />

Carol Baker, Vice Chair, Secretary and<br />

Events Organiser, gave a detailed update<br />

on conferences being planned for 2015<br />

and there was much valuable input from<br />

the floor regarding content.<br />

Unfortunately, the advertised ‘CI<strong>CM</strong> HQ<br />

on the Road’ session could not be held<br />

because, despite her best efforts, Sue<br />

Kettle, CI<strong>CM</strong>’s Director of Membership and<br />

Support Services, was unable to get to the<br />

meeting in time due to the weather and<br />

traffic chaos.<br />

The evening concluded with an<br />

insightful and informative update on<br />

Insolvency from Branch member Paul<br />

Atkinson, Insolvency Practitioner and<br />

Partner, FRP Advisory LLP.<br />

The Chairman thanked FRP for hosting<br />

the evening and providing the hospitality.<br />

50 <strong>April</strong> 2015 www.cicm.com The recognised standard in credit management


NAME: Rob Clarkson<br />

AI<strong>CM</strong>(Cert), Dip CII<br />

From the left: Mark Wagstaffe (Vice Chair), Laurie Beagle (Chair), Matt Cox (CRS), Mark Whiteley (CRS), Carl Goodman (Committee member)<br />

SHEFFIELD BRANCH<br />

AGM WITHOUT SNOW<br />

THE Sheffield & District Branch had its<br />

second attempt at an AGM on the 4 March,<br />

since back in January the planned event<br />

was cancelled at the last minute due to<br />

snow. This time the weather held firm, and<br />

was positively beautiful in comparison.<br />

We did however keep to the same<br />

theme, ‘2015 through the looking glass’<br />

albeit including hindsight obtained from<br />

January and February.<br />

2014 was good year for the branch,<br />

having seven events throughout the year<br />

including legal enforcement; late payments;<br />

technology in credit; and a mock creditors<br />

meeting.<br />

On a lighter side, The Tour De France<br />

credit team event, a trip to Rotherham FC,<br />

and our annual visit to the casino rounded<br />

off the year. A big thank you must go to<br />

the 10 sponsors; their contribution was<br />

The recognised standard in credit management<br />

<br />

immense and helped us deliver a successful<br />

program of events. Another big thank you<br />

must go to the branch committee who all<br />

worked very hard, and particularly to Neil<br />

Lane who is leaving the committee having<br />

served for many years.<br />

Credit Risk Solutions sponsored this<br />

year’s AGM, with Matt Cox and Mark<br />

Whiteley taking us through trade credit<br />

insurance, explaining what it is, who<br />

provides it, and the current insurers<br />

predictions of what will happen in 2015.<br />

This proved to be highly insightful and<br />

thought provoking for all in attendance.<br />

The branch has another packed<br />

programme planned for the coming year,<br />

and we look forward to Philip King,Chief<br />

Executive of the CI<strong>CM</strong>, visiting us on 7 July.<br />

For further details and updates please<br />

visit our website.<br />

To include your branch reports in the May issue of <strong>CM</strong>, submit your copy<br />

by 9 <strong>April</strong> via email to branches@cicm.com<br />

CI<strong>CM</strong> CONTINUING<br />

PROFESSIONAL<br />

DEVELOPMENT (CPD)<br />

CI<strong>CM</strong> recognises the importance of Continuing<br />

Professional Development (CPD) for credit professionals<br />

Start your journey to progression today by downloading<br />

the CI<strong>CM</strong> CPD plan from the website www.cicm.com<br />

STEP CLOSER TO YOUR PROFESSIONAL GOAL<br />

CPD<br />

1<br />

JOB TITLE:<br />

Binder Credit<br />

Manager<br />

COMPANY:<br />

Canopius Managing<br />

Agency (Lloyds of London)<br />

HOW LONG WORKED AT YOUR<br />

CURRENT COMPANY: 3 Years<br />

HOW LONG YOU’VE WORKED IN<br />

CREDIT MANAGEMENT: 20 years<br />

60SECONDS<br />

WITH<br />

HOW DID YOU GET INTO CREDIT<br />

MANAGEMENT?<br />

In the 80s I had an accounts job and discussed<br />

my career path with the Group Accountant<br />

who advised taking I<strong>CM</strong> qualifications. I soon<br />

discovered a whole credit management world<br />

beyond credit control.<br />

WHAT IS THE BEST THING ABOUT<br />

WHERE YOU WORK?<br />

The diversity of the role - working within the<br />

Lloyds Insurance environment means that<br />

you need to fully understand the logistics of<br />

insurance, regulatory issues and emerging<br />

risks.<br />

WHAT MOTIVATES YOU?<br />

My childhood was tough so I motivate myself<br />

to be the best I can and inspire my children.<br />

My mum is also a great motivation – she held<br />

three jobs while completing her BA Hons at<br />

night.<br />

WHAT IS YOUR FAVOURITE MEAL?<br />

You can’t beat a good old plate of fish and<br />

chips with plenty of salt and vinegar and<br />

ketchup on the side.<br />

WHAT IS YOUR FAVOURITE HOLIDAY<br />

DESTINATION?<br />

The Algarve, I like to rent a villa near to<br />

Albufeira for the family when I can.<br />

NAME 3 PEOPLE YOU WOULD<br />

INVITE TO A DINNER PARTY AND<br />

WHY?<br />

Richard Branson – I find his life story<br />

fascinating and inspirational.<br />

Kylie Minogue – I would like to hear more<br />

about her fight with cancer and how she copes<br />

with being in the public eye.<br />

Hugh Grant – My favourite actor and I am sure<br />

he would have some funny celeb stories to tell.<br />

WHAT IS YOUR FAVOURITE<br />

PASTIME/RELAXATION ACTIVITY?<br />

It would probably be golf but have not played<br />

in a while so will say DIY, I like it when you<br />

complete a project and can say “I did that”.<br />

IF YOU WERE TO HAVE ONE SPECIAL<br />

POWER, WHAT WOULD IT BE AND<br />

WHY?<br />

To be able to fly, I would love to sky dive which<br />

is the closest I will get! It would save getting the<br />

constantly delayed train to work each day.<br />

www.cicm.com <strong>April</strong> 2015<br />

51


CI<strong>CM</strong> Credit Risk &<br />

Compliance Masterclass<br />

Free event to members<br />

22 APRIL AT GRAHAM & BROWN<br />

OFFICES IN BLACKBURN<br />

For more info visit www.cicm.com/events<br />

To book your place email events@cicm.com or call 01780 722902<br />

CI<strong>CM</strong> EVENTS<br />

CPD<br />

2<br />

1 APRIL<br />

CI<strong>CM</strong> West Midlands Branch –<br />

Presentation by Gary Bovan on Bailiff<br />

reforms in practice<br />

BIRMINGHAM 18:30<br />

Gary Bovan, Director of Client Care, of the High<br />

Court Enforcement Group (HCEG) will talk<br />

about the bailiff reforms in practice, as they<br />

approach their first anniversary.<br />

Contact: peter.brewer@weightmans.com<br />

Venue: Weightmans LLP, First Floor, St Philips Point,<br />

Temple Row, Birmingham, B2 5AF<br />

2 APRIL<br />

South West Branch AGM<br />

DEVON<br />

18:30 AGM 19:00 MEAL<br />

The branch will hold is AGM at 18:30 followed by<br />

networking and dinner.<br />

The branch is subsidising the event and therefore<br />

CI<strong>CM</strong> members may attend free of charge. There<br />

will be a cost of £15 per head for non members.<br />

This evening is not limited to Branch Members. Non<br />

members and potential new members are welcome<br />

to join us.<br />

Contact: Gerry Thomas, Branch Chair E:<br />

gerrythomas1610@hotmail.co.uk<br />

Venue: Dartmoor Lodge, Peartree Cross, Ashburton,<br />

Devon TQ13 7JW<br />

16 APRIL<br />

CI<strong>CM</strong> Best Practice Conference<br />

for CI<strong>CM</strong>Q<br />

NOTTINGHAM<br />

CI<strong>CM</strong>Q accreditation is formal recognition of your<br />

organisation’s commitment to quality, continuous<br />

improvement and best practice in all things credit.<br />

Contact: Chris Sanders – E: cicmq@cicm.com.<br />

Venue: Experian HQ, Embankment House, Electric<br />

Avenue, Nottingham, NG80 1EH<br />

FORTHCOMING EVENTS 2015 <br />

22 APRIL<br />

CI<strong>CM</strong> Masterclass –<br />

Credit Risk & Compliance<br />

BLACKBURN<br />

Presentations will highlight the changing business<br />

landscape, a Credit Insurer’s view on life, the key<br />

things on the compliance agenda and potential<br />

impact of non-compliance and much, much more!<br />

Contact: events@cicm.com or call CI<strong>CM</strong><br />

marketing on +44 (0)1780 722902.<br />

Venue: Graham & Brown Wallcoverings Head Office,<br />

Design & Marketing Centre, Stanley Street, Blackburn,<br />

BB1 3DW<br />

CPD<br />

2<br />

22 APRIL<br />

Yorkshire Ridings Branch – Credit<br />

Careers & Professional Development<br />

LEEDS 17:30 – 20:30<br />

We are delighted to invite you to an all-inclusive credit event in<br />

conjunction with Hays, giving an insight into the credit profession<br />

including education, careers, quality standards and the make up<br />

of the DNA of a Credit Manager.<br />

Contact: Catherine Hill, Committee Member<br />

E: Catherine.hill@hays.com<br />

Venue: The Royal Armouries, Armouries Drive, Leeds<br />

LS10 1LT<br />

22 APRIL<br />

CI<strong>CM</strong> South Wales Branch –<br />

Insolvency & Liquidation A Creditors<br />

Rights<br />

SOUTH WALES 18:00<br />

This free event aimed at educating businesses<br />

about their rights when a company owes them<br />

money, either through liquidation or administration.<br />

Non members and potential new members are<br />

welcome to join us. A buffet will be available at the<br />

end of the event.<br />

Contact: Please reply to Steve White, Branch<br />

Chair E: steve@thornburycollections.co.uk<br />

Venue: McAlister & Co. Suite 4, Tredomen Gateway,<br />

Tredomen Park, Hengoed CF82 7EH<br />

CPD<br />

6<br />

29 APRIL<br />

CI<strong>CM</strong> Masterclass – Success<br />

with Technology Solutions<br />

LONDON<br />

This masterclass will explore current and future<br />

technology solutions for the credit industry,<br />

offering insight into some of the challenges of<br />

implementation and how to secure a positive<br />

outcome. Contact: events@cicm.com or call<br />

CI<strong>CM</strong> marketing on +44 (0)1780 722902.<br />

Venue: Hays Recruitment, 107 Cheapside, London,<br />

EC2V 6DN<br />

30 APRIL<br />

CI<strong>CM</strong> Sussex & Surrey Branch –<br />

The Dogs<br />

BRIGHTON<br />

Cost will be £10 members, £15 for non-members.<br />

The evening will include Dinner (starter, main and<br />

coffee/tea) in the skyline restaurant with a view<br />

of the finishing line, a pick 6 jackpot voucher,<br />

admission and race card. Contact: Nicola.reuter@<br />

uk.thalesgroup.com or Brendan.Clarkson@<br />

moorestephens.com Venue: Coral Brighton & Hove<br />

Greyhound Stadium Nevill Road, Hove, East Sussex BN3 7BZ<br />

OTHER EVENTS<br />

19 – 21 APRIL<br />

FCIB – International Credit & Risk<br />

Management Summit<br />

MADRID<br />

This event provides an opportunity to discuss the<br />

latest challenges of extending credit, review current<br />

market intelligence, share practical solutions<br />

and get specific questions answered by other<br />

practitioners and industry experts.<br />

Contact: https://fcibglobal.com/events/eventcalendar/details/244-international-credit-riskmanagement-summit-madrid.html<br />

Venue: Hotel Hesperia, Paseo de la Castellana, 57,<br />

Madrid 28046, Spain.<br />

CPD<br />

6<br />

52 <strong>April</strong> 2015 www.cicm.com The recognised standard in credit management


EDUCATION<br />

Is it time to educate<br />

your boss?<br />

Can your company afford for you not to be a fully<br />

qualified credit professional?<br />

Best debtor day results ever, breaking previous records by six days etc<br />

Improvement in our cash receipts by over 15 percent average (over 8 months)<br />

Calls increased by 40 percent after training<br />

Disputes reduced by over £1m<br />

Take the opportunity of ‘Shaping the future’ by raising awareness of CI<strong>CM</strong> qualifications during Learning at Work<br />

Week (18 – 24 May 2015). Get in touch to find out how the Chartered Institute of Credit Management can help<br />

(alison.wisden@cicm.com) or phone 01780 722909. See also www.cicm.com and www.campaign-for-learning.org.uk


EDUCATION<br />

From the left: Philip King and Ian O'Doherty.<br />

CI<strong>CM</strong> CORPORATE<br />

MEMBERSHIP – A TRUMP<br />

CARD FOR MBNA<br />

<br />

FOLLOWING a period of uncertainty,<br />

MBNA turned to focus on growth<br />

and sought to invest in boosting<br />

the capability of its employees and<br />

retaining the best talent.<br />

The company had developed a<br />

programme called ‘Xplore’ based on the<br />

concept that explorers thrive on adapting<br />

and being accountable for their actions<br />

in uncertain territory. They focused on<br />

development rather than promotion and<br />

used strong imagery and language to<br />

engage staff in shaping and influencing<br />

the business. They created a portal using<br />

SharePoint with zones for engagementrelated<br />

activities, leadership development,<br />

performance appraisals and development<br />

plans.<br />

However, MBNA also needed highly<br />

specialised credit risk training to motivate<br />

and engage their risk team and encourage<br />

a broader perspective. They had already<br />

established a tailored Masters degree<br />

programme at a local university with a limited<br />

number of places.<br />

The solution<br />

Corporate Membership with the Chartered<br />

Institute of Credit Management (CI<strong>CM</strong>)<br />

enabled MBNA to offer a compelling learning<br />

and development proposition to its whole<br />

credit risk team. Many are now Corporate<br />

Affiliate members of CI<strong>CM</strong>, giving access<br />

to a range of training, qualifications and a<br />

jointly branded monthly e-newsletter. As<br />

a Corporate Member, MBNA has regular<br />

support from a CI<strong>CM</strong> education specialist<br />

to help find the most appropriate learning<br />

and development activities, tailor training<br />

programmes, set up qualification courses,<br />

promote initiatives and co-ordinate<br />

relevant content for the popular ‘eBuzz’<br />

newsletters.<br />

As a further commitment to best practice,<br />

MBNA combined its Corporate Membership<br />

programme with the Chartered Institute<br />

of Credit Management Quality (CI<strong>CM</strong>Q)<br />

accreditation, with the aim of gaining<br />

recognition as a CI<strong>CM</strong> Centre of Excellence.<br />

Commenting on the value of the<br />

arrangement, Debbie Tuckwood, CI<strong>CM</strong><br />

Director of Learning and Development<br />

explains: “Any significant initiative requires<br />

regular support and drive to ensure success.<br />

CI<strong>CM</strong> understands the challenges of setting<br />

up and maintaining high quality, tailored<br />

learning programmes and our Corporate<br />

Membership arrangements build in regular<br />

catch-up meetings with CI<strong>CM</strong> account<br />

managers and education specialists. The<br />

package also includes a range of discounts<br />

and flexible payment and administration<br />

arrangements to make development options<br />

for large teams more practicable and cost<br />

effective.’<br />

The outcome<br />

During a period of uncertainty, MBNA has<br />

achieved remarkable success in building<br />

employee engagement. The response from<br />

staff has been overwhelming – all CI<strong>CM</strong><br />

programmes have been oversubscribed with<br />

employees opting for both Masterclasses<br />

and qualification programmes. To harness<br />

54 <strong>April</strong> 2015 www.cicm.com The recognised standard in credit management


IN BRIEF :<br />

From the left: Gill Taylor, Debbie Tuckwood, Ian O'Doherty, Philip King, Karen Gresy and Alan North.<br />

The feedback that we have had from our<br />

teams has been excellent in terms of both<br />

content and quality of the CI<strong>CM</strong> trainers ...<br />

this exceptional interest, MBNA ensured that<br />

all who expressed an interest received<br />

at least one of their development choices.<br />

Alan North who heads up the Credit<br />

Risk Strategies and Enterprise Analytics<br />

(CRS&EA) division and has championed<br />

the CI<strong>CM</strong> program since 2013 said, “The<br />

Business Schools, Masterclasses and CI<strong>CM</strong><br />

Corporate Membership have provided an<br />

ideal opportunity for our organisation and<br />

employees to invest in their future. The<br />

feedback that we have had from our teams<br />

has been excellent in terms of both content<br />

and quality of the CI<strong>CM</strong> trainers. We are<br />

delighted to be able to build on our original<br />

two year program with ongoing education in<br />

2015.”<br />

In the first year over 180 benefited from<br />

either a Business School course or a oneday<br />

Masterclass covering fundamentals<br />

of credit risk. Sixty passed exams in<br />

Consumer Credit Management or Business<br />

Environment and a further 45 are studying in<br />

the second year.<br />

– ALAN NORTH<br />

(CRS & EA) DIVISION<br />

Feedback from participants, particularly<br />

about the teachers has been very positive.<br />

Courses have met their needs and<br />

expectations and are recommended to<br />

colleagues. The programme continues to<br />

grow with new Masterclasses being added<br />

to address specific skills gaps, such as<br />

US and UK regulation, macro and micro<br />

economics, presenting the case, and<br />

advanced credit risk. MBNA has also rolled<br />

the programme out to other lines of the<br />

business.<br />

The programme has delivered great<br />

results with the team citing the investment<br />

made in the development of staff, including<br />

the range of education and training available,<br />

as one of the top reasons that MBNA<br />

is a great place to work. The success is<br />

borne out by the participation in the CI<strong>CM</strong><br />

programme that increased by 20 percent to<br />

67 percent in the second year. Underpinned<br />

by CI<strong>CM</strong> learning and development<br />

programmes, the team also achieved CI<strong>CM</strong>Q<br />

accreditation in record time.<br />

THE CUSTOMER<br />

MBNA is one of the UK’s leading credit<br />

card issuers and part of Bank of America<br />

Corporation (NYSE: BAC). It provides a<br />

range of own-brand and affinity credit<br />

cards, including some of the best-known<br />

names in the UK, such as Virgin Atlantic,<br />

Manchester United Football Club, WWF and<br />

the AA. It was voted Credit Card Provider of<br />

the Year for the second year running in the<br />

Consumer Moneyfacts Awards 2015. MBNA is<br />

headquartered in Chester with large teams in<br />

consumer credit risk and collections.<br />

THE CHALLENGE<br />

To maintain a positive, engaged workforce<br />

and retain employees with essential skills<br />

during a period of business uncertainty.<br />

THE SOLUTION<br />

CI<strong>CM</strong>’s Corporate Membership delivered a<br />

flexible and tailored package of qualifications,<br />

Masterclasses, monthly newsletters and<br />

quarterly support from CI<strong>CM</strong> educational<br />

specialists which complemented other MBNA<br />

initiatives. CI<strong>CM</strong>Q helped benchmark MBNA’s<br />

credit operation against best practice.<br />

THE OUTCOME<br />

The enhanced range of education and training<br />

has been recognised as very positive by staff<br />

and reflected in high scores for employee<br />

engagement. For the business the enhanced<br />

skills and qualification of the team and<br />

achievement of CI<strong>CM</strong>Q in record time have<br />

contributed to the high standard of work and<br />

business improvement.<br />

The recognised standard in credit management<br />

www.cicm.com <strong>April</strong> 2015<br />

55


DON’T MISS<br />

YOUR NEXT BIG<br />

MOVE IN CREDIT<br />

At Hays Credit Management, our consultants are all affiliate members of the<br />

CI<strong>CM</strong> and understand both the demands you face and the skills you need to<br />

thrive within your industry. We can therefore offer you the personalised<br />

careers advice and support that you need.<br />

LEGAL COLLECTIONS OFFICER<br />

EXPERTLY DRIVE COLLECTIONS<br />

City of London, £38,000<br />

This leading international legal firm is looking for a<br />

senior credit controller to be responsible for a team<br />

of fee earners and its client bases. You will focus on<br />

client management and debt reporting whilst maximising<br />

collections and retaining strong client relationships.<br />

You will ideally have a legal background, knowledge of<br />

SARs and exposure to Elite. This is an exciting role for a<br />

tactical and forward thinking professional to join a market<br />

leading company. Ref: 2392724<br />

Contact Matthew Ardron on 020 3465 0018<br />

or email matthew.ardron@hays.com<br />

CREDIT CONTROLLER<br />

OWN THE PROCESS<br />

West Kensington, up to £30,000<br />

A leading advertising agency is looking for an<br />

experienced and self-motivated credit controller. You will<br />

have autonomous control of a high value ledger and deal<br />

with international clients across the EMEA. You will ideally<br />

have experience working within the media industry,<br />

as well as experience using DDS software and a positive<br />

and personable nature. In exchange you will be presented<br />

with the opportunity to achieve impressive results for<br />

a company that offers great rewards. Ref: 2379860<br />

Contact Despina Solomou on 020 3465 0020<br />

or email despina.solomou@hays.com<br />

CREDIT ACCOUNTS RECEIVABLE MANAGER<br />

ENHANCE BUSINESS RESULTS<br />

Essex, up to £35,000<br />

This rapidly expanding business in Epping is looking for<br />

an experienced manager. You will report into the Finance<br />

Manager and have responsibility for all credit control<br />

and accounts receivable. Managing cash collections, you<br />

will lead system development ensuring the minimisation<br />

of company credit exposure and maintaining customer<br />

service levels. Experience of using Sage and Excel would<br />

be advantageous, but is not essential.<br />

Ref: 2351070<br />

Contact Kerry Ferguson on 0113 243 8384<br />

or email kerry.ferguson@hays.com<br />

CREDIT CONTROLLER<br />

JOIN AN INDUSTRY LEADER<br />

City of London, £28,000<br />

An exciting opportunity has arisen within a leading<br />

insurance company for an experienced credit controller to<br />

be responsible for an important international account. You<br />

will ideally have experience within the insurance market<br />

and will take responsibility for day-to-day operation and<br />

collection targets. This is an amazing opportunity to join<br />

an international and market leading insurance company<br />

and progress your career.<br />

Ref: 2399953<br />

Contact James McNicholas on 020 3465 0020<br />

or email james.mcnicholas@hays.com<br />

hays.co.uk/creditcontrol


SENIOR CREDIT CONTROLLER<br />

DRIVE CONTINUOUS IMPROVEMENT<br />

Leeds, £22,000-£24,000<br />

A rare opening has arisen for an experienced credit<br />

controller with a prestigious professional services<br />

organisation. You will operate in a stand-alone<br />

capacity and take responsibility for the management<br />

of a portfolio of clients. Managing credit control<br />

procedures and reviews, you will analyse debt trends.<br />

You will ideally have exposure from working within a<br />

professional services environment, as well as have<br />

control experience and excellent communication skills.<br />

Ref: 2399410<br />

Contact Kerry Ferguson on 0113 243 8384<br />

or email kerry.ferguson@hays.com<br />

CREDIT CONTROLLER<br />

MAKE AN IMPACT<br />

Ipswich, up to £22,000<br />

This industry leading logistics company is seeking an<br />

experienced accounts professional with diverse experience<br />

to join its credit management team. You will control and<br />

monitor a range of accounts within the FSL ledgers, as<br />

well as manage the weekly collection of aged debt and<br />

cash, reconcile accounts and produce monthly updates.<br />

You will be enthusiastic, personable and possess strong<br />

attention to detail. This is your chance to gain industry<br />

knowledge with an international company. Ref: 2397411<br />

Contact Michael Blyth on 0147 326 1902<br />

or email michael.blyth@hays.com<br />

JUNIOR CREDIT CONTROLLER<br />

TAKE YOUR NEXT STEP<br />

Reading, up to £20,000<br />

A well respected construction company is looking for a<br />

driven professional to join its successful team. You will<br />

have had previous exposure to various collection, billing<br />

and invoicing processes. Directly responsible for credit<br />

control processes, you will also have business partnering<br />

and cash collection responsibilities. This is an excellent<br />

opportunity for a skilled professional to join a highly<br />

profitable local business, with excellent scope for<br />

career progression and CI<strong>CM</strong> study support.<br />

Ref: 2389162<br />

Contact James Adey on 0118 907 0321<br />

or email james.adey@hays.com<br />

CREDIT TEAM LEADER<br />

LEAD YOUR EXPERT TEAM<br />

Edinburgh, £19,500 + benefits + CI<strong>CM</strong> training<br />

This market leading company is looking for an exceptional<br />

team leader to take responsibility for managing a large<br />

credit control function. You will train and coach the<br />

team, manage your own ledger and build excellent<br />

internal and external relationships. As well as fantastic<br />

career prospects, this role offers the chance to work<br />

and gain valuable experience within a well-respected,<br />

market leading company.<br />

Ref: 2374833<br />

Contact Hazel Wynn on 0141 212 3665<br />

or email hazel.wynn@hays.com<br />

APRIL<br />

& MAY<br />

DNA OF A CREDIT<br />

MANAGER<br />

LAUNCH EVENT<br />

Hays in conjunction with CI<strong>CM</strong> is delighted to invite<br />

you to an all-inclusive event designed to provide<br />

insight into careers, education and the dna of a credit<br />

manager. This event has been designed to cover all<br />

aspects of credit careers and provide information for<br />

managers and aspiring professionals alike.<br />

The events which feature the findings of our latest DNA<br />

of a Credit Manager Report are taking place across<br />

the country, in Birmingham, Glasgow, Leeds, London,<br />

Manchester, Newcastle and Reading.<br />

If you are looking to further your career,<br />

want to strengthen your team or would<br />

like an overview of the market, it pays to<br />

speak to the market leaders.<br />

Contact us at creditcontrol@hays.com<br />

For more information and to book your place,<br />

please visit hays.co.uk/dna/credit-manager


NEW CI<strong>CM</strong> MEMBERS <br />

THE INSTITUTE WELCOMES NEW MEMBERS WHO JOINED DURING FEBRUARY<br />

FELLOW<br />

NAME<br />

Anthony Jeremiah<br />

COMPANY<br />

Sungard Avantgard<br />

MEMBER<br />

NAME<br />

Ronald Hiller<br />

Paul Holt<br />

Yvonne Mclean<br />

Cheryl O'Brien<br />

Denise Padachi<br />

Divyansu Shah<br />

Benjamin Sutton<br />

Chris Thornton-Dees<br />

Simon Wintle<br />

ASSOCIATE<br />

NAME<br />

Shelley Depledge<br />

Michelle Harle<br />

Karen Young<br />

COMPANY<br />

Nicholls Law<br />

Advanced Diesel Engineering Ltd<br />

Ageas Retail Ltd<br />

Fletcher Building Ltd<br />

UTi Worldwide (UK) Ltd<br />

Westmill Foods<br />

Bristol Wessex Billing Services Ltd<br />

Debt Managers Services Ltd<br />

Sony Europe Ltd<br />

COMPANY<br />

Current Consult Ltd<br />

SIG Trading Ltd<br />

Lee Baron Group Ltd<br />

AFFILIATE<br />

NAME COMPANY NAME COMPANY<br />

Felek Akcay<br />

Berkmann Wine Cellars Ltd<br />

Neil Jones<br />

Hays Specialist Recruitment<br />

Khalil AlDahouk<br />

hamdan Bin Mohammed Smart University<br />

Kirstie Jones<br />

Motiva Group Ltd<br />

Suzanne Amour<br />

Scotts Sports<br />

Wafa Khalid<br />

Sloane International Development<br />

Matthew Ardron<br />

Hays Credit Management<br />

Paul Kibbler<br />

Bradford Metropolitan District Council<br />

Jessica Ashford<br />

EFM Management FZ LLC<br />

Matthew Lawrence<br />

Bristow & Sutor<br />

Simon Beaumont<br />

Bristow & Sutor<br />

Richard Lenton<br />

xoserve Ltd<br />

Rehana Begun<br />

xoserve Ltd<br />

Vicki Lingard<br />

Espa International<br />

Gemma Bennett<br />

Axa Insurance plc<br />

Steven Little<br />

Debt Collect UK Limited<br />

Sandip Bhurgee<br />

Amicus Horizon<br />

Lucky Locord<br />

Lambert Smith Hampton<br />

Sam Blake<br />

Hills Numberplates Ltd<br />

Angie Loveless<br />

Battens Solicitors Ltd<br />

Sarah Blewer<br />

xoserve Ltd<br />

Clemence Mangwana<br />

Transguard Group<br />

Michael Blyth<br />

Hays plc<br />

Ernest Marc<br />

International SOS Assistance UK Ltd<br />

Catherine Brear<br />

Zurich Insurance<br />

Joshua Mathurin<br />

Linde Material Handling UK Ltd<br />

Kelly Broadbent<br />

Deloitte LLP<br />

Paul McGinty<br />

Andrew Wilson & Co<br />

Angela Brown<br />

High Court Enforcement Group Ltd<br />

James McNicholas<br />

Hays Credit Management<br />

Roger Brown<br />

Penham Excel Ltd<br />

Faye Melrose<br />

Allianz Insurance plc<br />

Loydel Bryan<br />

Bristow & Sutor<br />

Maria Mifsud<br />

Elektra Limited<br />

Anthony Burke<br />

SIG Trading Ltd<br />

Ashley Miller<br />

Chandlers Limited<br />

Kylie Burley<br />

SIG Trading Ltd<br />

Joanne Mills<br />

University of Glasgow<br />

Stuart Byrne<br />

Hays Credit Management<br />

Louise Moir<br />

Severn Trent Water<br />

Adam Cartwright<br />

High Court Enforcement Group Ltd<br />

Pauline Muddyman<br />

Bristow & Sutor<br />

Gary Charles<br />

Bradford Metropolitan District Council<br />

Alison Murphy<br />

Axa Insurance plc<br />

Georgina Churchward<br />

Deloitte LLP<br />

Bradley Murphy<br />

Chandlers Limited<br />

Danielle Clark<br />

SmartestEnergy Ltd<br />

Kay Needham<br />

SIG Trading Ltd<br />

Damian Collett<br />

Penham Excel Ltd<br />

David Nuttall<br />

Penham Excel Ltd<br />

Kate Connall<br />

Contract Natural Gas Ltd<br />

Janice O'Connor<br />

FMG Support Ltd<br />

Lee Cunningham<br />

Acme Facilities Group Ltd<br />

Manuela Olivari<br />

Hilton Malta (Spinola Development Co Ltd)<br />

David Da Silva Pereira<br />

Motability Operations Ltd<br />

Olakunle Orebe<br />

Vintage Press Ltd (The Nation Newspaper)<br />

Sharon Da Silva Teixeira<br />

Axa Insurance plc<br />

Zeus O'Sullivan<br />

Chandlers Limited<br />

Kimberley Daniel-Ellison<br />

Andrew Wilson & Co<br />

Danielle Parsons<br />

Unite Students<br />

Kaj Darby<br />

Chandlers Limited<br />

Natasha Pawsey<br />

Andrew Wilson & Co<br />

Rebecca Day<br />

Kingsdale Group Limited<br />

Natalie Peach<br />

AA Projects<br />

Lorraine Debenham<br />

iSupplyEnergy<br />

Helen Pelham<br />

Vent-Axia Ltd<br />

Moustapha Diagne<br />

Richburns<br />

Zoe Pellow<br />

Symphony Group Plc<br />

Nicola Dickinson<br />

Veka plc<br />

Amy Pickersgill<br />

Contract Natural Gas Ltd<br />

Michelle Dilkes<br />

BaxterStorey Limited<br />

Maria Pitham<br />

365 ITMS Ltd<br />

Matthew Donnelly<br />

Viridor Waste Management<br />

Gary Quilligan<br />

Andrew Wilson & Co<br />

Lee Dootson<br />

Andrew Wilson & Co<br />

John Randles<br />

Bradford Metropolitan District Council<br />

Andrew Dunn<br />

Andrew Wilson & Co<br />

Alison Richards<br />

Andrew Wilson & Co<br />

Hannah East<br />

Hays Credit Management<br />

Peter Roberts<br />

UK Fuels Limited<br />

Megan Evans<br />

5G Communications<br />

Adrian Royal<br />

Financial Ombudsman Service<br />

Emma Fall<br />

Penham Excel Ltd<br />

Sherelle Senior<br />

Right Fuelcard Company<br />

Anton Fenech<br />

Actavis International Ltd<br />

Julie Sharpe<br />

AOL (UK) Ltd<br />

Julia Foster<br />

Hays Credit Management<br />

Lee Shaw<br />

M2<br />

Todd Geisel<br />

Car Cash Point<br />

Diane Simpson<br />

SIG Trading Ltd<br />

A. Michelle Gelder My Management Accountant<br />

Satbinder Singh<br />

Bristow & Sutor<br />

Matthew Gould<br />

Penham Excel Ltd<br />

Gurmukh Singh<br />

ServiceMaster<br />

Kathryn Graham<br />

Axa Insurance plc<br />

Ross Smallwood<br />

SIG Trading Ltd<br />

Lawrence Grix<br />

Sheriffs High Court Enforcement Limited<br />

Daniel Stewart<br />

Andrew Wilson & Co<br />

Dimitrios Gyltidis<br />

Bristow & Sutor<br />

Jennifer Street<br />

Rachael Hall<br />

Francesca Taberner<br />

Academy Leasing Ltd<br />

Laural Hampson<br />

Axa Insurance plc<br />

Mark Tanti<br />

Charles Grech & Co.Ltd<br />

Nicole Harris<br />

Viridor Waste Management<br />

Louise Tate<br />

HSB Engineering<br />

Ciaran Hayes<br />

Network Rail (Infrastructure Ltd)<br />

Rodney Testa<br />

TechnoWorld<br />

Candice Heim-Sarac<br />

Axa Insurance plc<br />

Jonathan Thoburn<br />

Andrew Wilson & Co<br />

Sharron Higgins<br />

Peninsula Finance plc<br />

Dennis Thorne<br />

Bristow & Sutor<br />

Li-Ying Huang<br />

Yahoo Taiwan<br />

Alan Tuck<br />

Celesio Group UK<br />

Michael Hucklesby<br />

Penham Excel Ltd<br />

Russell Turner<br />

Marketing VF Ltd<br />

Llyr Hughes<br />

Ceredigion County Council<br />

Anita Vella<br />

FimBank Plc<br />

Sonja Hurt<br />

SIG Trading Ltd<br />

Deborah Warren<br />

Bristow & Sutor<br />

Tracy Hutchinson<br />

SIG Trading Ltd<br />

Ania Wasilewska<br />

Camira Fabrics Ltd<br />

Shane James<br />

Chandlers Limited<br />

Philip Weston<br />

Bradford Metropolitan District Council<br />

Laural Jefferies<br />

Fashion Edge Ltd<br />

Natasha White<br />

Rema Tip Top UK Ltd<br />

Jack Jepson<br />

Stanley Black & Decker Ltd<br />

Hollie Wildman<br />

Hays Credit Management<br />

Scott Johnson<br />

Bristow & Sutor<br />

Karen Young<br />

Hays Credit Management<br />

David Jones<br />

Mdn Systems Ltd<br />

David Zalans<br />

Bradford Metropolitan District Council<br />

58 <strong>April</strong> 2015 www.cicm.com The recognised standard in credit management


Why not have both?<br />

At Controlaccount, we believe you can. Combining our customer-centred approach<br />

with fresh innovation, we work directly with your credit control department like we're<br />

part of the team - without sacrificing the perks of technology.<br />

Utilising our ClientWeb portal allows your team to upload, view and instruct cases<br />

whenever and wherever they need to.<br />

Or if you prefer the old fashioned way, you can speak to our outstanding staff. We're<br />

happy to do both.<br />

T: 0845 680 8783<br />

E: clientservices@controlaccount.com


Cr£ditWho?<br />

CI<strong>CM</strong> Directory of Services<br />

FOR INFORMATION, OPTIONS<br />

AND PRICING PLEASE EMAIL<br />

anthony.cave@cabbell.co.uk<br />

ANTI MONEY LAUNDERING<br />

COURT ENFORCEMENT SERVICES<br />

SmartSearch<br />

Station Court, Station Road, Guiseley, Leeds, LS20 8EY<br />

T: 0113 238 7660<br />

F: 0113 238 7669<br />

E: info@smartsearchuk.com<br />

W: www.smartsearchuk.com<br />

SmartSearch is the first system to bring together Business<br />

and Individual AML Verification on a single platform. Our data<br />

providers Experian and Dow Jones provide SmartSearch<br />

access to over one billion data items enabling AML<br />

verification in all Markets. AML verification data subjects are<br />

automatically screened against the latest Sanction, PEP and<br />

SIP Lists. Ongoing monitoring for the duration of your contract<br />

is provided at no extra cost. Efficient processes; less than 3<br />

minutes to execute a business AML check and a sub 60 second<br />

individual check. Why not let your Compliance Team test drive<br />

SmartSearch for 14 days free of charge? (Ref:<strong>CM</strong>101)<br />

COLLECTIONS<br />

Lovetts Solicitors<br />

Lovetts, Bramley House, The Guildway,<br />

Old Portsmouth Road, Guildford, Surrey GU3 1LR<br />

T: +44(0)1483 457500<br />

E: marketing@lovetts.co.uk<br />

W: www.lovetts.co.uk<br />

Lovetts has been recovering debts for 30 years! When you<br />

want the right expertise to recover overdue debts why not use a<br />

specialist? Lovetts’ only line of business is the recovery of<br />

business debts and any resulting commercial litigation.<br />

We provide:<br />

• Letters Before Action, prompting positive outcomes in more<br />

than 80% of cases • Overseas Pre-litigation collections with<br />

multi-lingual capabilities • 24/7 access to our online debt<br />

management system ‘CaseManager’<br />

Don’t just take our word for it, here’s recent customer feedback:<br />

“...All our service expectations have been exceeded...”<br />

“...The online system is particularly useful and is extremely easy<br />

to use... “...Lovetts has a recognisable brand that generates<br />

successful results...”<br />

Court Enforcement Services<br />

Wayne Whitford Director – Business Development<br />

M:07834 748 183<br />

T: 0843 504 1606<br />

E: info@courtenforcementservices.co.uk<br />

W: www.courtenforcementservices.co.uk<br />

Court Enforcement Services provides fast resolution of High Court<br />

Enforcement, County Court Judgments (CCJs) over £600 and<br />

Commercial Rent Arrears Recovery (CRAR). We help businesses<br />

and individuals to enforce judgment awards made in their favour in<br />

the Civil Court process.<br />

Our team is very experienced within the Civil and High Court<br />

Enforcement industry and as owners of the company, we will take<br />

the lead and manage all aspects of the services that are provided on<br />

your behalf. We have launched Court Enforcement Services in order<br />

to bring a fresh, modern and above all personal customer-focussed<br />

approach to High Court Enforcement and Commercial Rent Arrears<br />

Recovery (CRAR).<br />

CREDIT INFORMATION<br />

Premium Collections Limited<br />

Office 3, Caidan House Business Centre, Canal Road,<br />

Timperley, Altrincham, Cheshire, WA14 1TD<br />

T: 0161 962 4695.<br />

F: 0333 121 3843<br />

E: enquiries@premiumcollections.co.uk<br />

W: www.premiumcollections.co.uk<br />

Premium Collections Limited has the credit management solution<br />

to suit you. Operating on a national and international basis we<br />

can tailor a package of products and services to meet your<br />

requirements. Staffed by dedicated professionals with over 60<br />

years combined experience of handling virtually every type of<br />

debt issue, the company was formed in December 2002 and<br />

is owned by our Managing Director, Paul Daine FCI<strong>CM</strong>. Paul’s<br />

particular areas of expertise are the motor finance, insurance<br />

and international debt collection sectors. Services include B2B<br />

collections, B2C collections, international collections, absconder<br />

tracing, asset repossessions, status reporting and litigation<br />

COLLECTIONS (LEGAL)<br />

Blaser Mills Solicitors<br />

Head Office: Park House, 31 London Road,<br />

High Wycombe, Buckinghamshire, HP11 1BZ<br />

T: 01494 478660/478661<br />

E: Jackie Ray jar@blasermills.co.uk or Gary Braathen<br />

gpb@blasermills.co.uk<br />

W: www.blasermills.co.uk<br />

Established in 1888, leading multi-disciplinary law firm Blaser<br />

Mills specialises in services for businesses and individuals.<br />

The Firm has particular expertise in Dispute Resolution and<br />

Debt Recovery working with experienced credit managers and<br />

finance directors providing solutions to both contested and<br />

uncontested claims.<br />

Blaser Mills provides an experienced team including CI<strong>CM</strong><br />

qualified legal representatives and the Firm is cited in the<br />

Legal 500 law directory based on quality of work and strong<br />

client feedback.<br />

Offices in Aylesbury, London (Central), London (Harrow), Old<br />

Amersham, Rickmansworth, Staines-on-Thames<br />

CONSULTANCY<br />

Company Watch<br />

312 Coppergate House, 16 Brune Street, London, E1 7NJ<br />

T: +44 (0)20 7043 3300<br />

E: info@companywatch.net<br />

W: www.companywatch.net<br />

What would happen if one of your key customers failed? Do<br />

you rely on company information that is up to 18 months’ old?<br />

Company Watch provides a credit management system that’s<br />

predicted around 90% of company failures. Not only that, our<br />

interactive system allows you to input more up-to-date accounts,<br />

and to stress-test company financials to generate an instantly<br />

updated analysis of a company’s financial health. With a<br />

portfolio and email alert system, and a user interface showing<br />

5-year trends along with everything you need to know at a<br />

glance, Company Watch is an invaluable resource in the credit<br />

management process.<br />

Freeths Solicitors<br />

Third Floor St James’ Building,<br />

61-95 Oxford Street, M1 6FQ<br />

T: +44(0)845 634 2540<br />

F: +44(0)845 634 2541<br />

E: emma.emery@freeths.co.uk<br />

W: www.freeths.co.uk<br />

Freeths is one of the UK’s leading regional law firms with<br />

10 offices across the UK. We have a specialist team that<br />

advises on book debt collection and asset recovery in<br />

insolvency situations and everything in between. We believe our<br />

role is not just to collect your debts but also to increase your<br />

recoveries by working smarter. We have a range of flexible<br />

funding options to suit businesses of any size and advise on<br />

all matters from debt recovery and retention of title to disputes<br />

about the quality of goods and services. For undisputed claims<br />

we can offer low fixed rates or ‘no win no fee’ and we work fast<br />

taking the first steps in recovering your debt the same day. We<br />

are very proud to be the CI<strong>CM</strong>’s Corporate Legal Partner and<br />

to be hosting the CI<strong>CM</strong> Helpline providing free and quick initial<br />

legal advice to CI<strong>CM</strong> members.<br />

Business Change Partners Ltd<br />

The Birches, 5 Moat Farm Close, Greenfield,<br />

Bedfordshire, MK45 5DP<br />

T: +44(0)152 572 0226.<br />

E: enquiries@businesschangepartners.com<br />

W: www.businesschangepartners.com<br />

Business Change Partners is a small independent consulting firm<br />

of experienced operational and consulting professionals. We assist<br />

clients in the areas of leadership, change, operational management,<br />

organisation design and business process improvement with<br />

functional expertise in Billing, Credit Management, Revenue<br />

Assurance and IT systems implementations. Our international<br />

experience includes telecommunications, utilities, oil and gas,<br />

manufacturing, publishing and financial services, in the business-tobusiness<br />

and business-to-consumer markets. We deliver pragmatic<br />

solutions and significant improvements to business processes,<br />

including cash collections, delivering millions of pounds of benefit<br />

for our clients. We are also proud to manage CI<strong>CM</strong>Q on behalf of<br />

and under the supervision of the CI<strong>CM</strong>.<br />

CoCredo Limited<br />

Missenden Abbey, Great Missenden, Bucks, HP16 0BD<br />

T: 01494 790 600<br />

E: helpdesk@cocredo.com<br />

W: www.cocredo.co.uk<br />

CoCredo were proud winners at the CI<strong>CM</strong> British Credit Awards<br />

for ‘Credit Information Provider of the Year 2014.’ We provide<br />

live online company credit reports and related business<br />

information within the UK and overseas. We have direct<br />

feeds from Dun & Bradstreet, Companies House and other<br />

premium providers. We provide business information on over<br />

228 million companies across 240 countries. Our information<br />

is updated over 500,000 times per day and we have some<br />

excellent tracking mechanisms which provide proactive<br />

daily monitoring of changes in the global information<br />

on record. We can offer a wealth of additional services<br />

including D.N.A portfolio management, CoData marketing<br />

information, Consumer and Director Searches. We pride<br />

ourselves in delivering outstanding customer service<br />

offering you unrivalled support and analysis to protect your<br />

business.<br />

60 <strong>April</strong> 2015 www.cicm.com<br />

The recognised standard in credit management


Cr£ditWho?<br />

CI<strong>CM</strong> Directory of Services<br />

FOR INFORMATION, OPTIONS<br />

AND PRICING PLEASE EMAIL<br />

anthony.cave@cabbell.co.uk<br />

Creditsafe Business Solutions<br />

Bryn House, Caerphilly Business Park, Van Rd,<br />

Caerphilly, CF83 3GG<br />

T: 0292 088 6500.<br />

E: ukinfo@creditsafeuk.com<br />

W: www.creditsafeuk.com<br />

Creditsafe is Europe’s most used supplier of credit &<br />

business intelligence. Creditsafe have helped over 60,000<br />

customers across Europe and the USA with a range of<br />

products which includes our UK, European and International<br />

Company Credit Reports, which reach over 129 countries<br />

and 90m companies; customer and supplier Risk Tracker and<br />

our 3D Ledger product which has captured over 35 million<br />

Trade Payment Data Experiences since its launch in 2012.<br />

All of which will help companies manage their exposure to<br />

risk, make informed decisions in relation to credit limits whilst<br />

looking at how you can identify gaps within your sales ledger<br />

to prioritise collections and leverage sales.<br />

Arthur J. Gallagher (GB)<br />

Newater House, Eleven Newhall Street<br />

Birmingham. B3 3NY<br />

T: 0121 606 0660<br />

W: www.ajginternational.com<br />

With the risk of default by customers still a major threat to<br />

UK companies there has never been a better time to consider<br />

trade credit insurance. Arthur J. Gallagher ABI award winning<br />

specialist trade credit team recognises the unique nature<br />

of the credit insurance market. Our team of experienced<br />

professionals deal with a wide range of businesses, from<br />

SME to large corporate and global risks. Please contact<br />

us to discuss how a specifically tailored trade credit<br />

solution can benefit your business.<br />

CREDIT MANAGEMENT SOFTWARE<br />

Prof. Schumann GmbH<br />

innovative information systems<br />

Weender Landstr. 23, 37130 Göttingen, Germany<br />

T: +49 551 38315 0 F: +49 551 38315 20<br />

E: info@prof-schumann.de W: www.prof-schumann.de<br />

Our Credit Application Manager (CAM) is a leading credit<br />

risk management solution for major corporations, as well as<br />

insurance, factoring and leasing companies. In their daily work,<br />

CAM allows credit and sales managers to call up all the available<br />

information about a customer or risk in a few seconds for decision<br />

support: real-time data from wherever they are. CAM keeps an<br />

eye on customers whose payment behaviour stands out or who<br />

have overdue invoices! CAM provides an up-to-date forecast<br />

of customers’ payments. Additionally, CAM has automated<br />

interfaces for connecting to leading suppliers of company credit<br />

data, payment record pools and commercial credit insurers. The<br />

system is characterised by its great flexibility. We have years<br />

of experience in consulting and software support for accounts<br />

receivable management.<br />

Top Service Ltd<br />

2&3 Regents Court, Farmoor Lane, Redditch,<br />

Worcestershire, B98 0SD<br />

T: 0152 750 3990.<br />

E: enquiries@top-service.co.uk<br />

W: www.top-service.co.uk<br />

Top Service is the only credit reference and debt recovery<br />

agency to specialise in the UK construction sector. Top<br />

Service customers benefit from sector specific information,<br />

detailed payment history intelligence and realtime trade<br />

references in addition to standard credit information.<br />

There are currently 3,000 construction sector companies<br />

subscribing to the service, ranging from multi-national<br />

organisations to small family firms. The company prides<br />

itself on high levels of customer service and does not tie<br />

its customers into restrictive contracts. Top Service offers<br />

a 25% discount to all CI<strong>CM</strong> Members as well as four free<br />

credit checks of your choice.<br />

CREDIT INSURANCE<br />

Credica Ltd<br />

Building 168, Maxell Avenue, Harwell Oxford, Oxon. OX11 0QT<br />

T: 01235 856400<br />

E: info@credica.co.uk<br />

W: www.credica.co.uk<br />

Our highly configurable and extremely cost effective Collections<br />

and Query Management System has been designed with 3 goals<br />

in mind:<br />

• To improve your cashflow<br />

• To reduce your cost to collect<br />

• To provide meaningful analysis of your business<br />

Evolving over 15 years and driven by the input of 1000s of<br />

Credit Professionals across the UK and Europe, our system is<br />

successfully providing significant and measurable benefits for our<br />

diverse portfolio of clients.<br />

We would love to hear from you if you feel you would benefit from<br />

our ‘no nonsense’ and human approach to computer software.<br />

STA International<br />

3rd Floor, Colman House, King Street, Maidstone, ME14 1DN<br />

T: +44(0)844 324 0660.<br />

E: enquiries@staonline.com<br />

W: http://www.stainternational.com<br />

Getting Business Paid<br />

STA is an award winning B2B and B2C debt collection, receivables<br />

management and tracing supplier. ISO9001 quality accredited,<br />

and with the CSAs Collector Accreditation Initiative, duty-of-care<br />

is as important to us as it is to you. In the past 12 months we’ve<br />

collected from 138 countries worldwide; with Your Debts Online<br />

giving you transparent access to our collection success and the<br />

cost of each and account placed with us for collection. Collected<br />

funds are remitted via BACS. We look forward to getting your<br />

business paid.<br />

EFCIS Limited t/as ICBA UK<br />

Specialist Trade Credit Insurance Broker<br />

The Office, Mill House Farm,<br />

Mill Street, Hastingwood,<br />

Essex, <strong>CM</strong>17 9JF<br />

T: 01279 437662<br />

E: amoylan@efcis.com<br />

W: www.efcis.com<br />

EFCIS Limited - Trade Credit Insurance, Debt Collection,<br />

Dispute Resolution and Legal action for small/medium &<br />

multinational businesses. EFCIS secures limits for clients<br />

where the financials alone do not support the full limit. We are<br />

tenacious when negotiating settlement of claims, securing full<br />

payment for claims and proactively working with our clients in<br />

claims avoidance. We are the industry’s only Broker to develop<br />

policy compliance software to ensure client’s maximum benefit<br />

and protection from the policy. We believe that a well-managed<br />

ledger supports business growth within increased profit and an<br />

improved return on investment.<br />

Co-pilot Limited<br />

73 Flask Walk, London, NW3 1ET<br />

T: +44(0) 20 7813 2182<br />

E: info@co-pilot.co.uk<br />

W: www.co-pilot.co.uk<br />

Credit Managers who manage large or multiple ledgers have<br />

come to realise that they need to use specialist software to<br />

achieve or maintain performance improvement – be that risk,<br />

collections or both.<br />

For many Credit Managers a key question is where to start.<br />

How do you examine and evaluate the options? How and<br />

when do you start the budgeting process? What are the<br />

steps?<br />

Co-pilot has advised on credit management software for a<br />

number of years. We have good knowledge of the available<br />

solutions, what’s good, how they work and what type of<br />

solution best fits given situations. We combine this with<br />

considerable experience of credit management Best Practice<br />

so that you can pull everything together into one place and<br />

achieve a flexible and sustainable position going forward.<br />

We work with you through a structured evaluation process<br />

which is designed to enable you to have a clear view of<br />

what you can achieve going forward, what is practicable,<br />

the business case implications, the preferred supplier(s) and<br />

what the implementation process would sensibly look like (in<br />

our opinion, there is no such thing as “Plug and play”).<br />

The recognised standard in credit management<br />

www.cicm.com <strong>April</strong> 2015<br />

61


Cr£ditWho?<br />

CI<strong>CM</strong> Directory of Services<br />

CREDIT MANAGEMENT SOFTWARE<br />

FOR INFORMATION, OPTIONS<br />

AND PRICING PLEASE EMAIL<br />

anthony.cave@cabbell.co.uk<br />

RECRUITMENT<br />

OnGuard<br />

40 Gracechurch Street, London, EC3V 0BT<br />

T: 0203 4403 825<br />

E: info@onguard.com<br />

W: www.onguard.co.uk<br />

OnGuard is a leading supplier of sophisticated software in which<br />

Credit, Collections, Complaints and Cash Allocation can be<br />

integrated in a single solution. With customers around the world<br />

we offer a truly global, proven, low-risk high-value proposition<br />

which focusses on maintaining positive customer relationships<br />

helping to contribute to improving your competitive edge. Our<br />

integrated accounts receivables solution enables you to achieve<br />

faster payment of your invoices plus the benefits of improved<br />

insights into customer behaviour and valuable time savings. This<br />

not only results in process optimisation, cost savings, a lower<br />

DSO and reduced write-offs but contributes to a stronger,<br />

positive relationship with your valued customers. See more at<br />

www.onguard.co.uk.<br />

SIDETRADE<br />

Sidetrade UK: Amadeus House, Floral Street, Covent<br />

Garden, London WC2E 9DP<br />

T: +44 203 608 9850<br />

E: Samantha@sidetrade.com<br />

W: wwwsidetrade.co.uk<br />

Sidetrade offers companies the opportunity to digitise the<br />

management of their financial relationships with customers.<br />

Sidetrade's market-leading solutions, complementary to ERPs,<br />

meet the challenges of securing what is often a company's<br />

largest asset, its accounts receivable, by reducing late payments<br />

and controlling customer risk. With sales in 65 countries and 34<br />

million invoices managed annually, the Group enables 69,000<br />

users from companies of all sizes and all sectors to collaborate<br />

via its cloud solution and accelerate cash-flow generation.<br />

FINANCIAL PR<br />

Hays Credit Management<br />

107 Cheapside, London, EC2V 6DN<br />

T: 07834 260029<br />

E: karen.young@hays.com<br />

W: www.hays.co.uk/creditcontrol<br />

Hays Credit Management is working in partnership with the CI<strong>CM</strong><br />

and specialise in placing experts into credit control jobs and<br />

credit management jobs. Hays understands the demands of this<br />

challenging environment and the skills required to thrive within<br />

it. Whatever your needs, we have temporary, permanent and<br />

contract based opportunities to find your ideal role. Our candidate<br />

registration process is unrivalled, including face-to-face screening<br />

interviews and a credit control skills test developed exclusively<br />

for Hays by the CI<strong>CM</strong>. We offer CI<strong>CM</strong> members a priority service<br />

and can provide advice across a wide spectrum of job search and<br />

recruitment issues.<br />

PORTFOLIO<br />

CREDIT CONTROL<br />

Safe Computing Limited<br />

20, Freeschool Lane, Leicester, LE1 4FY<br />

T: 0844 583 2134<br />

E: info@safecomputing.co.uk<br />

W: www.safe-creditcontrol.co.uk<br />

Designed to manage your customer credit accounts effectively,<br />

Safe credit control enables your credit management team to:<br />

• improve cash flow<br />

• reduce debtor days<br />

• increase customer service<br />

• cut the cost of cash collection<br />

• eliminate manual processes<br />

• speed up the query resolution process<br />

Our unique approach is centred on changing the perception of<br />

the credit control function, from a series of reactive processes<br />

to proactive ones. Credit controllers are traditionally regarded<br />

as an essential element in business, to chase late payments<br />

and respond to customer queries. Safe credit control has<br />

taken the concepts of customer relationship management<br />

(CRM) and applied it to the credit control function, enabling<br />

a softer, service orientated team of customer service<br />

representatives.<br />

Tinubu Square UK<br />

Holland House, 4 Bury Street, London EC3A 5AW<br />

T: +44 (0)207 469 2577<br />

E: uksales@tinubu.com<br />

W: www.tinubu.com<br />

Tinubu Square’s mission is to control and minimise trade credit<br />

risk. Founded in 2001, Tinubu Square has become a trusted<br />

source of trade credit intelligence for credit insurance leaders<br />

and now offers the service to corporate customers enabling<br />

them to assess their credit risk. Tinubu Square’s B2B Credit<br />

Risk Intelligence solutions – including Tinubu Risk Management<br />

Center (RMC) cloud-based SaaS platform, Tinubu Credit Intelligence<br />

service with real-time credit risk intelligence reporting<br />

and Tinubu Risk Analyst advisory service provide companies<br />

with an accurate picture of their customers’ financial health from<br />

sales and marketing through the entire order-to-cash cycle.<br />

Based in Paris, Tinubu Square has offices in London, Brussels,<br />

Singapore and Mumbai.<br />

Gravity London<br />

Floor 6/7, Gravity London, 69 Wilson St, London, EC21 2BB<br />

T: +44(0)207 330 8888.<br />

E: sfeast@gravitylondon.com<br />

W: www.gravitylondon.com<br />

Gravity is an award winning full service PR and advertising<br />

business that is regularly benchmarked as being one of the best<br />

in its field. It has a particular expertise in the credit sector, building<br />

long-term relationships with some of the industry’s best-known<br />

brands working on often challenging briefs. As the partner<br />

agency for the Credit Services Association (CSA) for the past 13<br />

years, and the Chartered Institute of Credit Management since<br />

2006, it understands the key issues affecting the credit industry<br />

and what works and what doesn’t in supporting its clients in the<br />

media and beyond.<br />

PROFESSIONAL BODIES<br />

CI<strong>CM</strong>os (CI<strong>CM</strong> Online Services)<br />

www.CI<strong>CM</strong>.com<br />

T: 01780 722 907.<br />

E: training@cicm.com<br />

W: www.cicmos.com<br />

CI<strong>CM</strong>OS has been designed to help busy credit managers by<br />

providing them with a suite of online tools to support and<br />

quickly develop their teams. The virtual learning centre is an<br />

open platform system, accessed via the website, which is<br />

easy to use, modular and each module is completely optional,<br />

which means the system can be tailored to suit specific<br />

requirements and time constraints. This wide ranging system<br />

is more than just a training tool it is easy to set up and use<br />

and can be accessed securely via the CI<strong>CM</strong>OS website for a<br />

low annual subscription.<br />

Chartered Institute of<br />

Credit Management (CI<strong>CM</strong>)<br />

The Water Mill, Station Road, South Luffenham,<br />

OAKHAM, LE15 8NB<br />

T: 01780 722910 E: info@cicm.com<br />

W: wwwcicm.com<br />

The Chartered Institute of Credit Management (CI<strong>CM</strong>) is Europe’s<br />

largest credit management organisation. The trusted leader<br />

in expertise for all credit matters, it represents the profession<br />

across trade, consumer, and export credit, and all credit-related<br />

services. Formed over 70 years ago, it is the only such organisation<br />

accredited by Ofqual and it offers a comprehensive<br />

range of services and bespoke solutions for the credit professional<br />

(www.cicm.com) as well as services and advice for the<br />

wider business community (www.creditmanagement.org.uk).<br />

Portfolio Credit Control<br />

Portfolio Credit Control, New Liverpool House,<br />

15 Eldon Street, London, EC2M 7LD<br />

T: 0207 650 3199<br />

E: recruitment@portfoliocreditcontrol.com<br />

W: www.portfoliocreditcontrol.com<br />

Portfolio Credit Control, solely specialises in the recruitment of<br />

permanent, temporary and contract Credit Control, Accounts<br />

Receivable and Collections staff. Part of an award winning<br />

recruiter we speak to and meet credit controllers all day everyday<br />

understanding their skills and backgrounds to provide you with tried<br />

and tested credit control professionals. We have achieved enormous<br />

growth because we offer a uniquely specialist approach to our<br />

clients, with a commitment to service delivery that exceeds your<br />

expectations every single time.<br />

Jobs in Credit<br />

Foxhall Business Centre, Foxhall Road, Nottingham, NG7 6LH<br />

T: 0207 316 9533<br />

E: info@jobsincredit.com<br />

W: www.jobsincredit.com<br />

Established in 2004, jobsincredit.com is the only UK job board<br />

dedicated to the credit and collections industry. The site attracts<br />

over 30,000 monthly visits, and advertises over 1,000 roles from<br />

a broad mix of employers and recruiters. For candidates our<br />

service is free of charge, and offers an easy way of searching<br />

for and securing your next role. For employers jobsincredit.com<br />

offers the most cost effective recruitment method, no matter the<br />

seniority. Many leading employers are clients, including Barclays,<br />

RBS, Deloitte, Centrica Barclaycard. For more information about<br />

advertising your vacancy, please visit www.jobsincredit.com<br />

ATTENTION PRODUCT<br />

AND SERVICE PROVIDERS<br />

You can connect with them all now by<br />

having a listing in CreditWho.<br />

For just £1,247 + VAT per annum:<br />

- your business will be listed in Credit<br />

Management magazine, which goes out to<br />

all our members and subscribers and has an<br />

estimated readership of over 25,000<br />

To book your listing in CreditWho contact<br />

Anthony Cave on 020 3603 7934<br />

62 <strong>April</strong> 2015 www.cicm.com<br />

The recognised standard in credit management


CREDIT MANAGEMENT<br />

<strong>CM</strong><br />

in association with<br />

CREDITCONUNDRUM<br />

MONTHLY PRIZE CROSSWORD DRAW<br />

FOR<br />

ALL EMAIL<br />

ENTRIES FOR THE<br />

CROSSWORD<br />

PLEASE EMAIL :<br />

Puzzle by © 2012 Mirroreyes Internet Services Corporation. All Rights Reserved - CROSSWORD NBR 28<br />

NAME ....................................................................................................................................<br />

ADDRESS ..............................................................................................................................<br />

...............................................................................................................................................<br />

POST CODE .................................. TELEPHONE NUMBER .....................................................<br />

The CI<strong>CM</strong> is registered with the UK's Information<br />

Commissioner under the Data Protection Act 1998 (the<br />

"Act"). All the data contained on this form, is held and<br />

processed electronically in accordance with the Act.<br />

The Institute holds and processes your personal data in<br />

order to give you the full benefits of being a member and<br />

for administrative purposes.<br />

We may from time to time notify you by post or email of<br />

details of CI<strong>CM</strong> events or other similar CI<strong>CM</strong> services or<br />

products which we think may be of interest to you. If you<br />

do not wish to receive such notification please tick here q<br />

If you subsequently decide that you do not wish to<br />

receive such notifications please email the Institute at<br />

unsubscribe@cicm.com or write to the Data Controller at<br />

the address given below.<br />

The Data Protection Act gives you the right at any time to<br />

see a copy of all the data that we hold about you. If you<br />

would like a copy, please send a letter requesting this<br />

information together with a cheque for £10 payable to :<br />

The Chartered Institute of Credit Management to:<br />

Data Controller, CI<strong>CM</strong>, The Water Mill, Station Road,<br />

South Luffenham, OAKHAM, LE15 8NB.<br />

CREDITMAN by MIKE FLANNAGAN<br />

ACROSS :<br />

1. Animal foot<br />

5. Feints<br />

10. Aquatic plant<br />

14. Ammunition<br />

15. Watchful<br />

16. Coil<br />

17. Inheritor<br />

18. Discourteous<br />

20. Aerial<br />

22. Weird<br />

23. Best seller<br />

24. S S S S<br />

25. They keep dozing off<br />

32. Paperlike cloths<br />

33. German iris<br />

34. A type of large sandwich<br />

37. Breezed through<br />

38. Orderly grouping<br />

DOWN :<br />

1. Laugh<br />

2. Portent<br />

3. Leave out<br />

4. Brow<br />

5. Chipper<br />

6. Forearm bone<br />

7. Beer barrel<br />

8. Makes a mistake<br />

9. Immediately<br />

10. Assumed name<br />

11. Diving birds<br />

12. Edge tool<br />

13. Church recesses<br />

19. Pepperwort<br />

21. Bites<br />

25. Sun<br />

26. Delicate<br />

27. Type of sword<br />

28. Mob<br />

29. Made a mistake<br />

39. Dad<br />

40. Type of whiskey<br />

41. Law and _____<br />

42. Moses' brother<br />

43. Running away<br />

45. Sight-related<br />

49. Big fuss<br />

50. Pee-pee<br />

53. Terminate<br />

57. Permissiveness<br />

59. Doing nothing<br />

60. Always<br />

61. A French dance<br />

62. Tidy<br />

63. A musical pause<br />

64. Hinder<br />

65. Horse feed<br />

30. A kind of macaw<br />

31. Do it yourself<br />

34. Indian dress<br />

35. Atop<br />

36. Pow!<br />

38. Biblical boat<br />

39. Light tan horse<br />

41. Academy award<br />

42. Contributes<br />

44. Prissy<br />

45. Not inner<br />

46. Demonstrate<br />

47. Anagram of "Islet"<br />

48. Unreactive<br />

51. Labels<br />

52. French for "State"<br />

53. Bad end<br />

54. Notion<br />

55. Thin strip<br />

56. Collections<br />

58. Old World vine<br />

THERE WILL BE THREE PRIZES OF<br />

£20 EACH FOR THE FIRST THREE NAMES<br />

DRAWN ON 9TH APRIL<br />

CROSSWORD SOLUTION 27<br />

andrew.morris<br />

@cicm.com<br />

MARCH CROSSWORD<br />

WINNERS ARE :<br />

Tony John FCI<strong>CM</strong><br />

Philip H Bennett<br />

Chris Gait<br />

For the chance of winning £20,<br />

forward your completed solution to:<br />

Andrew Morris, Chartered Institute of<br />

Credit Management, The Water Mill,<br />

Station Road, South Luffenham,<br />

OAKHAM, LE15 8NB<br />

or email: andrew.morris@cicm.com<br />

Don’t allow long-standing debts to adversely affect your business<br />

For all your credit management requirements Premium Collections Limited have the solution. Operating on a national and international basis we can tailor a package<br />

of services to meet your requirements. Staffed by dedicated professionals with over 50 years combined experience of handling virtually every type of debt issue.<br />

DEBT COLLECTION STATUS REPORTING ABSCONDER TRACING VEHICLE REPOSSESSIONS<br />

For a detailed discussion on how we can help your business or for a quotation for any of our services<br />

please do not hesitate to contact: Paul Daine FCI<strong>CM</strong>, MIoD, Managing Director<br />

Office 3, Caidan House Business Centre, Canal Road, Timperley, Altrincham, Cheshire, WA14 1TD<br />

Fax: 0333 121 3843 Email: enquries@premiumcollections.co.uk Website: www.premiumcollections.co.uk<br />

Telephone: 0161 962 4695<br />

The recognised standard in credit management www.cicm.com <strong>April</strong> 2015<br />

63


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