Category : Articles

SCAM CASE SERIES – THE MOOKATA SCAM:

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Part 2 – “Unravelled of Astonishing facts”
As mentioned previously, Part 2 of the article will highlight the more complex aspects of the case. As such, we will talk about how the case has been systematically identified by KX-Unit’s Anti-Scam Assessment rubrics as a scam.
The role of Investor A (scammer’s friend) and the current Mookata owner will be highlighted. KX-unit’s engagement with the case also meant that we started off with intensive preliminary findings and sourced for details regarding the parties involved. Our research and analysis showed that the scammer is not a bankrupt (an initial fear of our client) and we managed to find out that he has been in and out of businesses for the past decade.

Under the scammer’s name, he had 6 current business entities and all of them were Private Limited and registered to the same address. This raises some concern because if his businesses were indeed legitimate, the nature of their business operations would not have permitted them all to be at one small central space. In fact, none of these 6 businesses had any online business profiles and trail, they all operated under the same modus operandi. Additionally, we also did more financial and business background assessment on him to ascertain if he had the ability to pay off the debt.

This is where we found out that he has had multiple businesses that were started and terminated within a span of 1 to 2 years, another sign that these businesses were empty shells for shady dealings. Businesses usually seek to have a sustainable and longer duration in order to have the impression of reliability. But this was not the case with the scammer.
These findings coincided with what our client shared with regards to Investor A, someone that the scammer brought in supposedly to be an investor, but was really in cahoots. Various telltale signs attest to that. Investor A was supposed to have invested $125,000 into the venture, just as our client did. But when the venture failed (because the Mookata owner “ran away”), we would expect that Investor A be anxious, worried and devastated. But that was not to be.

When Investor A saw our client outside, he asked our client out for tea. But instead of talking about how they could recover the money back, Investor A appeared to have no qualms about “losing” his part of the money ($125,000). He is a pilot with one of the airline carriers in Singapore, but even so, $125,000 is not a small sum.
Their conversation slowly shifted to Investor A convincing our client that it would be “pointless” to sue and make the scammer bankrupt because then the scammer would not be able to pay him anyway. Instead of showing concern, he felt that investor A was out to convince our client not to take any action against the scammer, which points to his culpability and that perhaps the scammer and investor A are in cahoots.

One thing was sure, Investor A did not speak as though he was a victim like he was supposed to be, rather, he spoke like an accomplice to the scammer.
By then, the scammer has delayed payments for close to 6 months – using tactics like empty cheques to distract our client. But our client decided not to sue him first because he still saw the scammer as a friend. What did the scammer do in return? He evaded.

When we went to see him to hand him the letter of demand and simply ask for negotiation, the scammer evaded us. He promised us 3 appointments over the course, but he always switched off his phone during the actual day of appointment. He would tell us to email him to set new appointments again and again.
When we did timely and tactical impromptu visits to him, he was caught off guard and maintained that he does not want to see us, even when he knew that our client has entrusted us to represent him in discussions. He evaded all possible constructive dialogues with us. In addition, the scammer even went on to call our client and told him not to pay us (debt collectors) but instead use the money to give him a “discount” on his debt. It was clear that the scammer is highly manipulative, cunning, and insincere. Not to mention, unreliable.

In our engagement, KX-Unit also contacted the real owner of the Mookata Restaurant and was able to communicate with him to establish one of the clearest evidence of the scam for our client. And this was rather distressing news for our client, because our client had sincerely hoped that first he was not scammed and that his money could be recovered. Knowing the truth through KX-Unit was a distressing ordeal for him.
Nonetheless, we asked the Mookata owner a few questions over the phone. We started by asking if he knew the scammer, to which he replied: yes. We asked him if he knew that the scammer was running an investment on his restaurant, he said: yes. When we finally asked him whether the scammer could have been running any shady dealings, he replied: “He is definitely a scammer. A rotten scam”.

We asked if he would be able to meet us and our client to clarify certain issues and he readily agreed. During the rather solemn meeting, we found out that the scammer had also duped the owner of the Mookata restaurant. The scammer approached him to ask if he could buy over his business, and through it all maintained a very generous and sincere personality.
For example, he gave the owner a $10,000 cheque on the first meeting as a form of goodwill deposit that he will be buying over the business. He later handed the owner another cheque for $10,000 when the owner asked if he was going to do the business acquisition, to signal his “genuine” interest – and at this point, the owner really felt convinced that he could start preparing the company for handover. The scammer then asked for “about 2 months” to get the “investors” together.
The most surprising of all was that this actually parallels to what the scammer told our client on the other hand. Within the same time frame, the scammer also told our client that he needed 2 months to set up the Cashiering and Order systems, and also finalize the contractual agreements.

When our client heard this and pieced together the entire picture, he broke down. He was hoping against hope that it would not be a scam. But the same way the scammer scammed him; the scammer also scammed the Mookata restaurant owner. The amount of manipulation needed to pull this off is tremendous.

The scammer betrayed both sides and played both our client and the mookata owner against each other. The scammer stopped contacting the Mookata owner after awhile and it soon became clear that the acquisition was not going to happen. The owner had to frustratingly put the pieces together once again and try to get back his workers and equipment to re-run his business again.
Our client, however, was not as lucky. He had just found out that he has lost his $125,000 to a scam. And that the money has never been meant for investment in the first place. The staffs at KX-Unit provided our client the necessary support he needed. It is not easy having to deal with the guilt that one’s own shortcoming and mistake has led to a greater price at the end of the day.
One of our services also include helping our client to escalate the matter to the Commercial Affairs Department so that IMMEDIATE action to probe can be done to safeguard the interest of our client. To aid in the expedience of the process, all details of the point of contacts in the whole chain of events has been systematically collated for the relevant authorities on behalf of our client.

We live by our creed: Never Falter Never Capitulate. And we will give our all to help our client. As the case is on going case, we remain alert and active in trying to secure an amicable and feasible solution for our client. KX-Unit would still be assisting to see if there is any form of solution can be attained in this case.

We hope the Scam Case Series sharing has been informative to all. If there is any take away, it is that even in the most foolproof of cases and the most convincing of business plans; you would have failed if you fail to consider the intangibles (like an investor’s track record, past history, financial credibility, business portfolios, etc.) This information could have potentially averted painful losses for all parties.

If you ever need a professional advice and opinion on your business proposal, and you get the hunch that something is not correct, or if you allow yourself to be too comfortable with the rationality and logical accounts of the profit margins, we advise you to take a step back.

Look at the big picture and even get a professional opinion. After all, it will only be to your benefit. Should you need that professional opinion, KX-Unit has a systematic and customised Anti-Scam Assessment for your business needs. From character profiling to business backgrounds to financial credibility, we will be most willing to assist. If you have any other queries on the services we offer, please do feel free to contact KX-Unit at +65 8112 7790 or drop us a mail at enquiries@KX-Unit.com. You can also visit our website athttp://www.KX-Unit.com/

OPERATIONAL INSIGHTS – ELECTRONIC OPERATIONALIZATION

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In this week’s Operational Insights, KX-Unit is proud to announce that our sustained efforts to go Electronic since the start of this year has been successful and rewarding, although making the Transformation has not been easy. We will be sharing some Benefits of being the first in the Debt Recovery industry to go full electronic (by replacing hardcopy legal paper documents to FULL ELECTRONIC SOFTCPY INTO TABLETS for on-site negotiations) – and highlight the positive implications of these for our clients, especially when we are now fully able to Integrate our electronic sources and synchronize our Administrative, Consultation, and Operation teams to work effectively and optimally as one.

In today’s digital age, information and knowledge is key. But more importantly, the speed at which we can access this information further enhances our position in the industry. The ability to leverage on the information at speeds can be critical to the negotiation process on-site; effectively deciding whether a debt or dispute can be resolved.

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The process of transition from using the typical paper sources to integrating our work with electronic sources has been successful. As the Future-Generation oriented Debt Recovery Agency, KX-Unit has been acquiring, operationalizing, and integrating electronic sources into our work. The need for the use of electronic systems was necessary because in our typical day of work, we deal with at least 12 different cases at different stages of recovery. These cases also feature various levels of complexity. What this means is that we had to carry files and stacks of document with us for discussions, dialogues, and even negotiations! Finding the documents can sometimes already be a difficulty in itself.

In fact, sometimes we need to identify a particular clause in a particular contract that our client and the debtor have signed in order to clarify a dispute. And going electronic with our tablets allow us to quickly search for them to get the upper hand – the clearer picture, and the fastest. Some of the documents that we have integrated include contracts, invoices, purchase orders, Warrant to Act, Letter of Demand, Proof of Debt, Debtor’s Details, and more. Ultimately, we do so to serve the best interest of our client. The Debt collection industry is saturated and while some may chose to rest on their laurels, KX-Unit works towards a more effective, efficient, and sustainable system for industry-leading service and growth, for our clients. By now, we have fine-tuned the conversion and use of paper to electronic sources like our own personal smartphone, our negotiator tablets, and even our body cameras!

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The benefits of going electronic may be obvious. But in the context of the Debt Collection industry, every added convenience and ease means more energy and bandwidth can be devoted and harnessed by our negotiators for dialogue and on-negotiation. The dynamism of the on-site negotiations may sometimes be overwhelming, but the use of electronic sources with multiple back-up sources, and even the original paper copy has provided added assurance for our negotiation. This enhances our effectiveness and accentuates our Professionalism.

Of course, with the use of technology like the tablets, we effectively have a walking computer with us. But sometimes, there is also the fear that the debtor may get violent and attempt to destroy our operational tools and kit. This is why all our negotiators wear a body camera – and not just any body camera, but one that is fully integrated with our tablet and dedicated server for real-time info ops (and evidence, if need be).

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With the help of technology, KX-Unit’s transmission of data has become almost instant; in fact, it is almost real-time. The nitty-gritty details needed for the upper hand in an on-site negotiation is also facilitated by KX-Unit’s ability to synchronize the entire operation using our body camera for intra-unit awareness. This is critical for moments when multiple parties are involved, or when a debtor happens to get evasive.

On a management level, KX-Unit has already found the most optimal way to administratively transfer documents to electronic source, and at the same time retaining the original documents in our cabinets. This presents a holistic framework for this:-
“Future-Ready Debt Recovery Agency”

We proudly call: KX-Unit.

KX-Unit has always pledged our commitment to service and quality. And the full operationalizing of our electronic capabilities re-affirms our commitment to the promise of quality. We do not rest on our laurels or be commitment, we value-add to the needs of our clients, and we rectify and reassure our client. In fact, our tablets and smartphones will also be able to access various framework and pre-used Courses of Action to make our strategizing and planning more interactive with our clients. This makes it easier for us to project various outcomes for our clients’ understanding and best interests.

At the end of the day, our development at KX-Unit is primarily for our client’s best interest. From character profiling to business backgrounds to financial credibility, we are well-placed to assist. If you have any other queries on the services we offer, please do feel free to contact KX-Unit at +65 8112 7790 or drop us a mail at enquiries@KX-Unit.com. You can also visit our website athttp://www.KX-Unit.com/

KX-DEDICATION (MAY 2016)

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KX-Unit is happy to share with the joy of our client. We have successfully helped our client to resolve a case with the debt amount of $152,000.00 within a 3 installment repayment.

Although the case was not easy because of the debtor’s non-communication tendencies, KX-Unit is proud to say that we have retained our high level of professionalism. We carefully initiated and steered the dialogue and subsequently the negotiations to achieve our client’s best interest. At the end of the day, we are happy that our client is able to recover his rightful amount and also remain fair to the challenges of the debtor. KX-Unit is able to strike that artful balance between representing and achieving the best interest of our client while facilitating the process for the debtor. The staffs at KX-Unit take great pride in providing the value-added and quality service for our clients, as this picture testifies – we have done so, and will continue to do so.

Your interest is our wholehearted priority. If you do require a professional opinion on your own situation, or if you do know someone that may have such a need, feel free to contact KX-Unit at +65 9610 3425 (Jet Guo) or +65 81127790 or drop us a mail at enquiries@KX-Unit.com if you have any queries on this case or our services, and we will be most willing to advise. Alternatively,
you may visit our website at http://www.KX-Unit.com/

CLAIMS AND DISPUTE MANAGEMENT: “WORK 10%, CLAIM 90%”

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In this month’s series on Claims and Dispute Management, KX-Unit will be contextualizing and sharing on a case involving our client and a supposedly reputable renovation company.

This is a renovation case involving a debt of $85, 000. The stated amount was supposed to be progressively paid, but the debtor has managed to draw 90% of the funds by presenting the semblance of progression in the renovation works. In reality, he only did about 10% of the work. Our client is a direct owner of a penthouse unit, which was new and required full furnishing. Our client thus engaged the debtor for his company’s renovation services.

But our client did not make the decision without first consulting renovation forums. When he saw that the debtor’s company repeatedly appeared online, including generally positive reviews of their services, our client decided to engage the debtor’s company last year. He would later be in for a shock.
The renovation works were supposed to start on January this year. As our client was busy planning for his wedding with his fiancé, they trusted the debtor to carry out the necessary renovation works and accordingly to the schedule, repeatedly reminding the debtor that he should raise any concerns about being unable to meet the deadline so they can be flexible about the options. This was because our client had intended to move in to his new house immediately after his wedding, and also because his until then rental agreement had already expired.

But the debtor instead, took the chance to ask for more money. The debtor first started by asking for money (another 40%) to buy the initial required raw materials like marble flooring, wooden beams, etc. for the renovation, when in fact the first 20% of the progression sum would have sufficiently paid for it. On subsequent occasions, the debtor got bolder and asked for an advance of another 30% of the sum in order to secure the “necessary labor” needed.

Our client did not think much about it, and neither did he go down to the penthouse to personally inspect the unit because the wedding preparations were already mounting and about to begin. Relatives over the world had to be coordinated with and the couple simply lacked the bandwidth to juggle them. That was also the reason why they tried so hard to find a reliable renovator. And to be fair, the debtor was such a person with a highly personable character and earnest disposition.

The debtor’s willingness and earnestness in calling for multiple meetings to supposedly discuss progress were – in hindsight – about extending another request for advance payment. And our client did not know until his in-laws decided to go down one day to check out the unit, which was by then – according to their Gantt chart and timeline was supposed to be fully completed.
But to their horror, the entire unit was left as it was 4 months ago! All the lightings, wooden beams, marble floorings, electrical wirings, etc. were simply left unopened in their packages and shifted to the middle of the unit. Even the cupboards and ceiling fans to be installed in the wall were left in the middle of the house. The condition was simply not livable.

And this caused great distress for our client and his wife, given that they just got married 1 day prior to their in-laws’ visit. The supposed plan of moving in immediately after their wedding failed to materialize, and in this case, what is more significant than the loss of money is literally the loss of place to stay.

Our client’s attempt to seek a lease extension from their previous tenant failed because they already had another tenant, effectively leaving the newly wed without a place to stay. When they were supposed to enjoy their honeymoon, the couple had to scramble for a new place to stay and shift their belongings temporarily. This also meant that their honeymoon trip had to be rescheduled because of the urgency of finding a place to stay.

Our client was doubly disappointed when they came back after their honeymoon, and the debtor refused to at least meet our client to talk about the issue. They were evasive and non-contactable, our client and his wife’s number were blocked, emails went unanswered, and the debtor was always “not around” when they visited their company.

Our client is willing to accept that the work was not on schedule, there was nothing much to do about it anyway. His initial plan of moving in after his wedding already failed, and so once they secured a temporary housing, they went for their honeymoon thinking that it will give all parties some time and space before engaging the issue again.

Finally, about 2 weeks ago, our client received a call. The debtor finally – long after the project deadline – told our client that he has no means to complete and fulfill the contract, and this was something that our client already accepted. The most insincere thing, however, was that the debtor said he would pay off the entire $85,000 in 7 and a half years. This did not make sense as a matter of principle because even after failing to meet the deadline, they wanted to extend the deadline so casually to 7 and half years, which is almost a decade!

Our client simply wants to settle the outstanding sum and get move on. But there is no closure to this entire fiasco until the debtor can commit to something more reasonable and sincere. As of now, negotiations about the engagement of another contractor and the division of goods and labour are underway for the claims and dispute details to be finalized.

Should you have any queries on what we do and the Claims and Dispute services we offer, please do feel free to contact KX-Unit at +65 8112 7790 or drop us a mail at enquiries@KX-Unit.com. If you are unsure of the exact case category of your situation, do not hesitate to contact us – we will be most willing to advise. You can also visit our website athttp://www.KX-Unit.com/

SHIN MIN DAILY NEWS

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In the latest article published in Shin Min Daily News on 10th May 2016, KX-Unit and Associates Pte Ltd represented our client in an Multi-Million Assets Business Claims and Dispute case.

As this is an on-going case for our client, in which KX-Unit and Associates Pte Ltd have ceased all communications with the counter-party, we will be releasing our Press Release shortly in response to the news reported.

For more information and enquiries on the case, please contact us at +65 8112 7790 or email us at enquiries@KX-Unit.com

DEBTOR’S SPOTLIGHT – IDENTITY DENIAL, THE “I-AM-NOT-ME” DEBTOR

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In this week’s series on Debtor’s Spotlight, KX-Unit will be sharing a rather light-hearted case involving one of the debtors. This particular debtor was once an employee of our client, who owns a limousine business. The debtor is a man in his mid-fifties and has not held a “proper” job for longer than 3 months.

Prior to his work with our client, he was unemployed for 6 months. During the interview with our client, he also refused to share his past work experiences because he has “too many” to list – which was supposed to sound like he actually has a lot of experience in many fields – except that he was probably not what a typical employer would consider a “stable” employee.
And that is for a good reason. The debtor is a man who seeks out the easiest and simplest way of doing things, except that he does not actually complete them! In other words, he has a bad reputation for shrewd antics and poor work accountability.
During his short stint with our client, he has indeed managed to leave a “deep” impression at work, and quite literally so. During one occasion, he tried to take an illegal shortcut so that he could “reach office faster”, which was acceptable. Even though that particular route has very traffic, it is usually filled with heavy vehicles parked on the sides, a fact he paid little attention to. And he rammed right into a cement truck parked along the road. Fortunately, the continental car he was assigned to had its airbags inflated and nobody was seriously hurt in the incident (he was alone).

But the car suffered significant damage to its chassis (structural damages) and had half the engine bay smashed in beyond the car’s crumple zone. The damages were assessed to be above $35,000. Even though our client had one less car for business, he showed concern and care to the debtor. The debtor also promised to pay for the re-pair costs, by installment, because he could not afford to pay it in a large sum – and our client gave him the leeway to do that.
However, the debtor was quite an irresponsible person, and he has his own character failings that make his promises and commitment look like a joke. True enough, he left the company less than a month after the incident. The $400 monthly installment from his salary that he promised to pay had not even take effect when he left!
He managed to hide from our client on multiple occasions, refusing to answer phone calls or come to the door. This was when our client engaged us at KX-Unit to help recover the debt.

The staffs at KX-Unit did a systematic appraisal of the debtor’s personality and quirks. Understanding the debtor would later help us to engage him in a dialogue. We also formalized various goals of our client and prepared them for negotiations with the debtor. But first, we have to locate him.

We used legal means to acquire his last known address and assembled a team of negotiators to provide the Letter of Demand. This was also a way for us to let him know that our client has now entrusted KX-Unit with the recovery of this debt.
When we reached his house, we introduced ourselves and ask to meet Mr Chong (not his real name). But the man at the door claimed that there are no Mr Chongs and that his surname was Tan and not Chong. The man even told us that Mr Chong has shifted to another place for “quite some time already”. Even though we found this puzzling given our rather extensive checks prior to sending our Letter of Demand, we remained professional and went back to our office to re-verify the validity of the information.
However, our checks re-affirmed again the credibility of our information, which are sought through legal means. We decided to send a few senior negotiators to establish the case again, and planned our second meeting with the debtor’s family. When Team Alpha (a team of highly experienced senior negotiators for unconventional circumstances) went down, the debtor opened the door.

Feigning ignorance, we introduced ourselves again and ask to speak to Mr Chong again. But this time, he told us again that there is no Mr Chong, his surname is Lau and he has no idea who Mr Chong is. This was obviously a blatant discrepancy from our first time at his house. When we probed further about whether he knew Mr Chong, he said “that is none of your business”. And so we decided to ask him if he was Mr Chong, Mr Lau or Mr Tan? By this time, he realized that his shrewd and evasive antics were blown.
But still he denied his identity. He finally relented when we showed him our digital source on him. That was also when he changed tactics, again, to plead for extra time to repay the debt. He also requested that we speak to him below his house instead, and we professionally complied with his request. KX-Unit will engage a debtor in anyway that can help our client’s best interest, and to have Mr Chong engaging a negotiation with us is a good progress.

We concluded the discussions with his cooperation to further the dialogue after he has settled his “personal matters”. KX-Unit recognizes that it might be better to give some leeway and compromise for a more fruitful discussion for our client. But this particular debtor took our mutual goodwill (ours and our client’s) for granted and went to make a complaint to the Ministry of Manpower, painting another story by accusing our client of salary related matters in hope of annulling the debt, something which was later found to be unrelated to his debt to our client.

KX-Unit is still in the process of recovering this debt and we hope this light-hearted case especially during the engagement process will demonstrate the subtler and less conventional aspects of our job. An evasive debtor can actually use simple things like identity denial to such an extent, and at KX-Unit we have the very versatile, sharp, and creative team of negotiators needed in such instances to serve the best interest of our client. Should you have any queries on what we do and the services we offer, 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 athttp://www.KX-Unit.com/

OPERATIONAL INSIGHTS: KX-NEGOTIATIONS

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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/

CLAIMS AND DISPUTE ASSESSMENT: PART 2 – THE CORPORATE BULLY?

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This is the continuation of our article “Claims and Dispute Assessment: Part 1 – The Corporate Bully?” posted on Tuesday, 19 April.
As was mentioned, the fact that our client missed out on the crucial detail on the initial payment sum has allowed the debtor to manipulate the situation. The initial payment sum is part of the multi-million dollar progressive payment term.
The debtor (Brother A) and his father did arrange for a trip to Malaysia to check on the business proceedings and to try to assure our client, but after that the “professionalism” peels away. The debtor started asking for large amounts of cash in a very unprofessional manner.

How so? He requested for a total of $600,000 from our client for the “business” and all in cold hard cash – without leaving a money trail. On 3 separate occasions, he requested sums of $90,000, $95,000 and a final $400,000 from our client. While all three payments were demanded in an urgent and hasty manner, there was one particular occasion that he demanded that $95,000 be withdrawn and passed to him at a local nightclub. He wanted the money despite our client explaining that he was overseas and that it was already late.

He insisted that he needed the money to pay the supplier immediately. When our client questioned the need for it to be in hard cash, he said that he only pay his suppliers in cash. That day, our client’s female business associate had to carry the large amount of cash to this particular nightclub just so that the debtor can “pay [his] suppliers”.

But the fact that he wanted cash without the requisite receipt and so abruptly on all 3 occasion appears to point to the fact that he may have other intention for the money, and that he could have reasons for avoiding the money trail. In fact, during one of the withdrawals that he was with our client, he insisted again such that by the time they left they were the last customers.

If that is not suspicious enough, he blurted out upon receiving the last payment of $400,000 in cash to our client, telling our client: “YOU ARE A BLOODY IDIOT”. By now, it was clear to our client that something was not right. There were no satisfactory answers on business progress; our client’s personal visit to Malaysia showed stagnant business progress, his attempt to reach the father was also repeatedly deflected. Attempts to get the debtor to return the initial payment sum has also been unsuccessful as the debtor refused to talk and have deliberately avoided our client on multiple occasions.

KX-Unit was engaged to aid our client in establishing the claims and clarify the ambiguity. Our engagement consisted of rigorous discussions with our client to understand the case and the debtor. When we were done with our analysis, we provided our client with a strategy and plan for the recovery.

Knowing the temperament and personality of the debtor, the staffs at KX-Unit made a note to be open to flexible negotiation for our client’s best interest. But it takes two hands to clap.
The staffs at KX-Unit met him on 4 occasions. 3 of them were in his office and last known location, while the last was in his lawyer’s office. Our first 3 attempts at having a fruitful discussion were met with disdain from the debtor. He refused to speak to us and kept deflecting the situation by saying that the issue shall be discussed at a later date, without giving us that date.
He even escalated the case and told us to talk to him in his lawyer’s office, which we complied. Our goal is to reach the most favorable settlement for our client’s best interest. KX-Unit is not one to stand down when things get difficult – we do not talk about serving our client’s interest and providing a quality service for no reason. It is when such difficult situations arise that we display the commitment and dedication to follow-through. That is what we stand for.

In the debtor’s office, not only was our client was mocked by the debtor. The debtor even mocked the staffs at KX-Unit, who were there for a rightful purpose. But we are proud to say that we remained professional and focused on the goal. When he realized that we were unfazed by his delaying and even threatening tactics, he leveled baseless claims against us. He accused us of being unprofessional in our conduct, which was untrue.

As of now, the debtor has further delayed the case by taking a counter-action of suing not just our client, but also us. Even though his claims against KX-Unit are baseless, and we can touch our heart and say that we have been professional in our conduct, the debtor knows that this lawsuit will exert a significant pressure on us. And he is right; KX-Unit is after all a small company as compared to his multi-national firm.

A big company like his would have the financial muscles to flex in expensive law proceedings, and he knows that such a lawsuit would hurt KX-Unit’s reputation in one way or the other. But we would like to think otherwise, and for good reasons.
KX-Unit has not done any of the wrongdoing that we are accused for. If bullying a smaller company like ours (especially when we are simply doing our job) with lawsuits is his way of sending a message that he is a hot shot not to be trifled with, then he is doing it wrong. It is only correct that a person return a sum of money that he owes. KX-Unit has repeatedly offered flexible solutions of payments to the debtor, with evidence of the rightful debt, something that he failed to produce.

At the end of the day, KX-Unit is prepared to follow-through with the case, with whatever means available to us. As a matter of principle, if we were to back down, it sends the wrong message that a smaller company can be bullied.
We hope this article has been insightful. Very often, in our line of work, we meet varying challenges and we have to work with a certain level of risk. But at KX-Unit we always do our best, we serve our clients and those who need us with distinction. We do not back down and compromise if it concerns on our client’s interest, and that is the promise of our dedication and commitment to a quality service, a promise that we will keep.

Should you have any queries, 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/
***Never falter, never capitulate***

KX-DEDICATION

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KX-Unit is proud to share that we have managed to help our client recover a sum of $39,000, with 3 installment. The case required us to work professionally, doing our requisite groundwork and discussions with our client before presenting a coherent and sound strategy for recovery.

Our hard work has proved successful considering that our client, Mr Goh, had initially been apprehensive and nervous about engaging us. But our case negotiator, Jet Guo, managed to provide Mr Goh with good reasons to believe that the sum can be recovered with a good strategy and some flexibility.

Eventually, we were able to accommodate both our client’s and the debtor’s expectations and agree halfway on a shorter 3 months installment plan for re-payment. We wish Mr Goh the very best in his endeavors, and also commend the debtor’s commitment to doing what is right eventually.

This picture testifies to our dedication to quality and effective service. Your interest is our priority. If you do require a professional opinion on your own situation, or if you do know someone that may have such a need, feel free to contact KX-Unit at +65 9610 3425 (Jet Guo) or +65 8112 7790 or drop us a mail at enquiries@KX-Unit.com if you have any queries on this case or our services, and we will be most willing to advise. Alternatively, you may visit our website at http://www.KX-Unit.com/.

CLAIMS AND DISPUTE ASSESSMENT: PART 1 – THE CORPORATE BULLY?

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This is a unique case on many levels and one article will not do it justice. As such, KX-Unit has split the case into 2 segments that will be directly after each other.

This $600,000 case involves a multinational company from Singapore that owns multiple subsidiaries. The father is the CEO and heads the main company while his other sons manage the various subsidiaries (although we will focus primarily on Brother A and Brother B). Although ultimately the debtor in this case, however, is Brother A. So we will be sharing more about the father, Brother A, Brother B and our client in these articles.

Our client is a reputable businessman in the construction industry in Singapore and abroad. At the time of this case, he was featured on the news for his achievements. This was when Brother B gave a call to our client to catch up on life, explaining that he saw our client being featured and was happy for him.

At that time, our client was slightly taken aback because for the past 20 years, Brother B had not even called or kept in touch. But they were close friends in secondary school and our client tried not to think too much about it.
Until Brother B decided to broach the topic of business. He managed to find our that our client was involved in construction projects in Malaysia, and saw the opportunity to pitch his business proposal on behalf of his father’s company.
He first started talking about how his dad’s company has a proven track record and that they own multiple subsidiaries that would make for a good business partnership with our client. He told our client that his company would be able to secure raw materials at the lowest cost due to their economies of scale.

He spoke with confidence and set up meetings for our client together with his father. Very often, it was clear that Brother B and his father were doing their best to make our client feel at ease, and so it was not surprising that they had many nice words to say to our client. Some just wants to get in other’s good books.

While our client did feel that the praise and flatters were a little too excessive, he chose to think good of his fellow friend, that perhaps his family was having a difficulty with business and simply needs a helping hand. After all, no harm helping a fellow Singaporean and friend with a construction project in Malaysia, right? Plus, our client so happened to be sourcing for an intermediary for his construction project in Malaysia.

And so the discussion began. But this time, their father brought along Brother A (the debtor) instead. He briefly introduced Brother A to our client, telling our client that he is in-charge of one of the subsidiary that would be dealing with our client directly. From here, the discussions went on rather smoothly. They had the business proposal and timeline finalized, including the progression payment terms (meaning the payment would be transferred by our client according to the stage of completion), something that is expected of two professional business firms.

However, our client missed out on a crucial detail: the initial payment sum. One aspect of the progression payment term is the initial payment, which is meant to be a sum of money paid to the debtor so that he can kick-start the construction projects – by paying for raw materials, shipping costs, labor costs, etc.

This seemingly small detail has allowed the debtor to capitalize on the terms of contract and ask for payment from our client that are dubious and often the debtor has done so in a highly suspicious manner. For example, demanding that our client withdraw an initial payment sum in cold hard cash of up to $600,000 over just 3 occasions, delivering the cash to a local nightclub, and more.
The next article will expound on the details further. It will be posted on Thursday, 21 April on our Facebook page if you are keen to follow through.

Should you have any queries, please do feel free to contact KX-Unit at 8112 7790 or drop us a mail at enquiries@KX-Unit.com. Alternatively, you can visit our website at http://www.KX-Unit.com/

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