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A very large retail shop not paying SME suppliers

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13 years 4 months ago #291 by Wendy
I have been suppling a large retail store with my (invention-product) however this retail company is ALWAYS late paying and now they claim they did not recieve my last order, even though I sent the POD with 2 of thier employees signatures and times signing in my product.
Please can anyone advise what steps I should take. I have told them they are in breach of the contract and I will look to seek legal advice. They don't seem to care.
SMEs can not afford to not be paid espacially as the big chains already strip our profit margins to bare bones. Surely there is some protection for SMEs?

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13 years 4 months ago #292 by jimbo22
Depends on what your terms are. If these are in writing and signed then this is very good.

Depends on whether you will miss their business if you claim.

Depends on whether you are prepared to put up with late payment to keep their business.

Depends on your commericial needs

If you have clear terms, and dont mind losing their business, and wish to deal with this, then consider claiming. However, without involving legals, likely they wont pay, so take this into account too.

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13 years 3 months ago #301 by ashley smith
Sounds an all to familiar story to me. In fact in 20 years dealing with the high Street there are only a couple of the Big Names i would classify as honourable and who pay to terms and on time.

Collection and rights.
Yes - with hold your business - bad debts are created when YOU break your own credit rules.

Sue - cost versus benefit and this isn't just the cost of legals, its your time, and the potential loss of business

Rule of thumb - what's your profit margin ?
How many additional Units do you have to sell to make up the loss ? Will these additional sales lead to more sales (eg. Via new clients).
This then leaves to the question where is your time and resource better spent ?

Is the above right or fair - NO

But at the end of the day whilst you have 'rights' I'm afraid to a certain extent they are only 'lip service'.

Who gives you the rights ? Politicians.

Who lobbies and advises Politicians on matters business ? Big Business

Who looks after their own interest - give the masses a perception of rights but not the means to enforce them ?

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13 years 3 months ago #302 by David J
Wendy has asked if there is any protection for SME's from being paid late by large businesses. We have a legislation which I believe works but can become expensive and time consuming when solicitors get involved.

So what is the solution here?

Do small businesses just continue to do nothing but put up and shut up when it comes to late payment (and except the consequences of being paid late)?

If a claim from an SME does include legals and time but it is a clear cut case of late payment by the large company then surely the judge should support the claim and award costs accordingly. Or am I expecting too much from our legal system? (I'm ignoring the fact that the debtor may take other actions to avoid payment).

What about passing the debt to a third party (debt recovery) on a no win no fee? Then you don't need to worry about how much of your time is taken up.

It's a two way thing here. Big businesses (or large retailers) cannot survive without the army of small businesses in their supply chain. It should only be fair that a supplier is paid on time. When my business went into liquidation in 1995 due to late payment there was no legislation in place. Today under the legislation, a liquidator could aggressively chase any unpaid or late paid debts going back 6 years! That doesn't help the business that has gone into liquidation but late payers should be aware of that fact. And that a supplier has up to 6 years to make a claim.

If I was the owner of a large business it would seem like good sense to pay suppliers on time. Not only is it the right thing to do but in return you will get a much better service.

I'm ranting on a bit but there has got to be a way forward with this legislation and there is no reason why small businesses cannot lobby for change to make it easier for SME's to be paid on time or collect interest and compensation without fear of loosing the client (and that is where the biggest problem lies for most).

We have the right connection at the B.E.R.R. to lobby and starting with changes to the cost of implementing the late payment legislation above a certain level seems like a good place to start.

I would like to hear from a debt recovery agency for their opinions on claims against large companies and their experience of success versus costs/time involved.

David

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