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In this week’s Operational Insights, we will discuss some of the less discussed methodology in KX-Unit’s negotiation tactics. We will talk about the nature of different negotiations, the things we consider before and during these negotiations, and how KX-Unit actually serves our client’s best interest while being fair to our debtors. It will be divided into three parts.
Part 1: Assessment of Debtor’s Personality
There is a Chinese saying “知己知彼,百战百胜” that roughly translates to: If you know yourself, and know your enemy, even if you do fight 100 battles, you can be sure to secure all 100 wins. Having a clear picture of our debtor’s personality and temperament helps us to better achieve our client’s best interest. Understanding the debtor is like doing your groundwork before entering a project – much like any corporate entity, KX-Unit does our homework first to help our clients optimize their resources in recovering the debt.
There are three types of debtors. For the Evasive ones, with a proven track record of unreliability and elusiveness, we adopt a firmer stand in our negotiation tactics when we do encounter them. But by a case basis, we will ensure ultimately that a dialogue is ongoing so that both parties can have an amicable settlement.
As for the Hardened debtors – those who are stubborn, aggressive and more volatile – we have successfully adopted a more intellectual approach. Various negotiation tactics including in-depth rationalizing and perspective rationalizing (more empathetic in approach) helps the debtors recognize that our dialogue with them is about helping them to save time, effort, and resources. It is useful for the debtor to recognize that despite our role in recovering a debt, we are not against them – but that ultimately our professional duty to our client is paramount. Based on experience, eradicating this zero-sum perception helps to facilitate the negotiation process.
Last, the Artful debtors – those with the tendency to use all creative means to avoid repaying. Some of their tactics includes calling for law enforcement entities as a way to delay the process. These are the group of debtors who are inclined to use law enforcement to raise distraction and de-rail the negotiation process. For them, we adopt the soft approach and continue reasoning with them – highlighting that they do not want to be embarrassed by their own actions, and that we are willing to give them a leeway to have a private discussion. Letting them know that we recognize their tendency to use loopholes to exploit others further is critical in making them think twice about prolonging the dialogue.
Ultimately, having a good grasp of the personality type of debtors facilitate the negotiation process for the staffs at KX-Unit.
Part 2: Multiple Processes of Negotiations
That said it is key to keep in mind that negotiating is a highly dynamic process. There are no hard and fast rules to it. But accordingly, we have accumulated a few key pointers on negotiation tactics that structures our overall approach. This demonstrates to our client that we have a strategy – and sometimes the strategy itself requires flexibility.
For example, KX-Unit adopts a negotiation rule such that we will engage the debtor every two to three days to keep communications alive, relevant and pertinent for the debtor. This is a simple way of demonstrating to the debtor that the staffs at KX-Unit are serious and firm about having a dialogue and working towards a solution for our client’s best interest. This usually also translate into a sense of urgency for the debtor to resolve the outstanding dispute, claim, or debt, or all of the three.
Next, negotiation processes are multi-layered. Many things can come in unexpectedly. As mentioned above, the more artful debtors tend to call in law enforcement entities as a way of delaying their own civil liabilities. But they should know that KX-Unit is a legal debt collection agency, and we not only abide by the law but we also fully recognize and respect that law enforcement entities have a role to maintain law and order. As such, we comply with all general orders of law enforcement entities as per directed, and in doing so continue with our rightful purpose of engaging a dialogue with the debtor. This is the mark of our professionalism and dedication to our client’s best interest. The presence of law enforcement entities do not hinder our role, they exemplify our professionalism for our client, contrary to most debtor’s expectation.
Debtors also use other distractions to complicate the negotiation process. They may try to cause our negotiators to lose focus, but we have precisely trained and nurtured outstanding negotiators who are able to isolate and itemize all the issues at hand, issues relevant to the debt. Our negotiators are trained to have a clear mind to be coherent regardless of the new issues the debtors bring in, and indeed, it is good to have these claims and issues because it requires a re-assessment which also imply that in the negotiation dynamics, the debtor has already agreed somewhat to be engaged. And fundamentally, keeping the dialogue relevant and alive is critical.
In some situation, debtors may say that they are unable to repay because they lack the finances or because they are going to cease business. For them, we will verify these claims via legal means. If found to be untrue, we will rebuke them because it is their liability to repay. Regardless, there is no excuse not to pay a debt even if their company is going to close down because either way the debtor will need to work to survive, and working means having an income. At the very least, there should be a commitment to repay. If extraordinary conditions like health (bedridden) come into the picture, we will discuss with our clients again on the approach of engagement. Our client’s interest remains our priority.
Part 3: Finalizing agreement
Finally, wrapping up the case itself requires different approach and considerations. As a rule of thumb, unless the sum is repaid to our client, we should not and will not rest on our laurels.
We close loose ends by using various methods. For example, using a commitment date, giving the debtor from a few days to one and half months, according to their credibility as assessed prior. This commitment date should be reasonable to both our client and the debtor, according to the debtor’s financial situation. We want ultimately to be fair to a debtor in genuine dire straits and help both parties resolve the outstanding debt amount. As a civil matter, only when both parties are agreeable will we proceed to finalize the matter.
We also allow installment payments for debtors that genuinely require it. The installment timeframe differs, although we recommend ten installments as a rule of thumb. If there is a need to exceed ten installments, our clients will have to be re-consulted. Additionally, we will keep a downpayment from the debtor to first and foremost secure our client’s interest and peace of mind.
Determining the installment duration is part of our process of financial assessment. We will use it to gauge the debtor’s actual ability to pay. Financial records will be scrutinized with the debtor and through this seemingly simply exercise expose those who are can actually afford to re-pay faster and those who genuinely need the extra time. Usually, those who are trying to drag repayment with this installment scheme will not want to show their financial records and will eventually commit to a shorter installment period (meaning re-paying in larger chunks and in a shorter time).
After which, the various settlement contracts like settlement agreement and installment agreement, with the requisite penalty structures will be inducted. KX-Unit works with a level of escalation to ensure that the penalties are not too harsh for the debtor, especially if it is a case where they may be struggling in that particular month financially and hence defaulted on the installments. Repeating this defaults, however, will see them facing a steeper level of escalation in penalties. We always work to give the debtors a fair chance, without compromising our client’s interest.
In the end, there will and there should be a method and structure in the negotiation process. But the fact that negotiation is a very dynamic and ever changing process cannot be overlooked and sidelined. Therefore, regardless of the negotiation dynamics, we are confident enough to say that KX-Unit have a group of negotiators who has gone through rigorous selection and training. The debt collection industry has changed quite a bit and our focus on quality staff and negotiators ensure that our dedication, commitment, and quality service will serve our clients best interest with distinction.
If you have any queries on what we do, please do feel free to contact KX-Unit at +65 8112 7790 or drop us a mail at enquiries@KX-Unit.com. Alternatively, you can visit our website at http://www.KX-Unit.com/