FSG FORENSIC INVESTIGATORS & AUDITORS | TRACERS | RISK MANAGERS | GUARDS
SA's national litigation, corporate & government private intelligence, private/forensic investigation/auditing, loss & risk management specialists.
FSG  is a LEVEL 4  B-BBEE
Accredited Company

NAVIGATION BAR
EXIT WEBSITE
BACK-HOME PG
BACK-SERVICES PG
BACK-TRACING PG

TRACING MENU BAR
SDT
TPT

2PT
FPT

HEAD OFFICE DETAILS
Telephone
+27 (0) 86 1000 979
Fax
+27 (0) 86 5168 722
Mobile
+27 (0) 83 7841 523
Postal Address
PO Box 17, Pavilion,
3611, South Africa
Physical Address
7 Cedar Road, Westville,
 3629, South Africa
PSIRA Reg. No.
1144490
Email Address
fohladbn@yebo.co.za


FSG has corporate offices in:
DURBAN
CAPE TOWN
JOHANNESBURG
- and field agents in every Magisterial District in SA.

________________________

 

A young brunette goes into the doctor's office and says that her body hurts wherever she touches it.

"Impossible," says the doctor. "Show me."

She takes her finger and pushes her elbow and screams in agony. She pushes her knee and screams, pushes her ankle and screams and so it goes on.

The doctor says, "You're not really a brunette are you?

She says "No, I'm really a blonde".

"I thought so," he says. "Your finger is broken."

________________________

 

 

 


CONSENT SIGNING SERVICES ('CSS SERVICES')

CONSENT SIGNING SERVICES ('CSS SERVICES') is a term uniquely introduced by FSG to describe the services of tracing agencies who:

bullet

Trace absconded/delinquent debtors, and

bullet

Meet with traced debtors to:
bullet

Deliver Letters of Demand ('LOD')/Notices i.t.o Section 129(1) of the National Credit Act ('NOTICE’), and obtain proof of receipt of same from debtors.

bullet

Negotiate with debtors the conclusion of Acknowledgements of Debt ('AOD') i.t.o Section 57/58 and 65(J) of the Magistrate's Court Act, that includes consent to judgement and consent to an Emoluments Attachment Order ('EAO') if the debtor defaults in the ADO. (Some clients stipulate the installment that they are willing to accept from the debtor, but to avoid the consequences of Sec 65(J)(6) of the Magistrate's Court Act, FSG has developed its own Means Affordability Test [‘MAT’], that also takes into account the likes of the marital regime of the debtor and the value of a debtor’s equity in entities, to calculate the installment a debtor can sustainably afford.)
 

CSS SERVICES are intended for attorneys with a collections practice/division, registered DEBT COLLECTORS and CREDIT PROVIDERS and FINANCIAL SERVICE PROVIDERS who first attempt to recover their own arrear debt before instructing an attorney

 

FSG is encouraging ATTORNEYS with a debt collections practice/division TO ALSO commence the legal debt recovery process using the provisions of Sections 57/58 and 65(J) of the Magistrate's Court Act, which for the purposes of this page we will refer to as the ALTERATIVE METHOD OF LEGAL DEBT RECOVERY (ie. FSG's CSS SERVICES), rather than commencing the process by issuing a Summons Commencing Action that must be sent to the Sheriff of the Court to serve on a debtor (which for the purposes of this page we refer to as the TRADITIONAL METHOD OF LEGAL DEBT RECOVERY).

There are numerous advantages to employing THE ALTERNATIVE METHOD, as follows:

bullet The tracing agency that is instructed to perform the CSS SERVICES will automatically trace the debtor (if this proves necessary) and then MEETS WITH THE DEBTOR to deliver LOD/NOTICE) before concluding with the debtor and an AOD. Consequently the time lost and the wasted cost of the fee of the Sheriff - if the Sheriff's first attempt at service results in a Return of Non-Service - is avoided by employing THE ALTERNATIVE METHOD.
bullet Should the debtor default on the AOD, the attorney can move straight to taking action to satisfy a judgement which, if the debtor is employed, can be done by means of an EAO that the Clerk of the Court will grant only on the strength that the debtor has defaulted on the AOD, thus avoiding the time lost and the disbursements necessary to apply for a Writ of Execution, or to summons the debtor to a Sec 65 (of the Magistrate's Court Act) Enquiry - which has the advantage of advancing the litigation process and the generation of cash flow on a collections instruction MORE RAPIDLY.

There are, of course, several POTENTIAL disadvantages to employing the ALTERNATIVE METHOD:

  • If a debtor is unemployed, proceeding in terms of the ALTERNATIVE METHOD is pointless.
  • Tracing agencies who do not have a national infrastructure that rivals that of the Sheriff of the Court cannot reliably be instructed to meet with debtors to deliver a LOD/NOTICE and conclude an AOD (and first trace the debtor if necessary), which delays the litigation process rather than speeding it up.
  • The attorney who instructs a tracing agency to to meet with debtors to deliver LOD/NOTICES and conclude AOD stands to lose a portion of the revenue that can be earned from attending to debt recovery employing the TRADITIONAL METHOD.

However, FSG has structured and packaged a service to recover debt using the ALTERNATIVE METHOD (ie. CSS SERVICES) that MAXIMIZES the ADVANTAGES and ELIMINATES the POTENTIAL DISADVANTAGES of the ALTERNATIVE METHOD.

bullet Immediately upon receipt of a new CSS SERVICES instruction, the instruction is assigned to a Desk Bound Tracer ('DBT') who will trace the debtor (if the debtor's whereabouts are unknown), but who in any event will call the debtor to establish/arrange the following:
bullet Whether the debtor is employed or not.
bullet Whether the debtor is prepared to sign an AOD, but in any event seek the debtor's agreement to sign an AOD by motivating that the conclusion of an AOD is an opportunity to rehabilitate the debt and avoid punitive legal action and unnecessary legal costs (on condition that the debtor does not default on the AOD)..
bullet If client has stipulated the installment sum that the debtor must pay, whether the debtor is prepared to pay the installment stipulated, and if not, to ask the debtor what installment he/she is prepared to pay, so that our DBT can call our client to establish whether the lesser installment offered by the debtor is acceptable to client.
bullet If the debtor is prepared to sign an AOD (subject to resolving the issue of an installment offer that is less than that stipulated by client), to arrange with the debtor to expect a visit from one of our Tracer Field Agents ('TFA') and to establish from the debtor at what address, at what time of the day, and on what day of the week the TFA should meet with the debtor.
bullet If the debtor is unemployed but is willing to sign an AOD and/or if the debtor offers a lesser installment than the sum stipulated by client,. the DBT will call client to establish whether client wants FSG:
bullet To obtain an AOD from the debtor even if unemployed.
bullet Conclude an AOD with the debtor in the lesser amount offered by the debtor.
bullet If the above issues are satisfactorily resolved, the DBT will then have the instruction assigned to our TFA deployed in the Magisterial District where the debtor is prepared to meet with the TFA.
bullet Those instructions for which a debtor is not prepared to sign an AOD, or from whom client does not want an AOD because the debtor is unemployed or because client rejects the amended installment proposed by the debtor are then immediately returned to client in the form of a 'no success report', no fee is raised, and client can then proceed to collect the debt using the TRADITIONAL METHOD. In respect of these instructions for which FSG produces a no success report, client will only have been delayed in proceeding to collect these debts in terms of the TRADITIONAL METHOD by an estimated period of 7 working days.
bullet FSG has installed TFA in every Magisterial District (and more than one in the Magisterial Districts that cover densely populated urban areas). This infrastructure rivals that of the Sheriffs of the Court nationally, and makes it possible for FSG to perform CSS SERVICES everywhere in South Africa. Furthermore, as we grow our CSS SERVICES instruction client base we will be able to complete CSS SERVICES instructions much faster because the more instructions we have for debtors in a given limited geographical area, the more cost effective it is for TFA to meet with debtors in such areas. When a TFA calls on a debtor to sign an AOD under circumstance that the debtor has offered an installment that is less than that stipulated by client (and client has agreed with a DBT to accept the lesser installment), or if client has not stipulated the installment the debtor must pay, the TFA will perform the MAT to CALCULATE WHAT INSTALLMENT THE DEBTOR CAN SUSTAINABLY PAY.
bullet Only approximately 35% of debtors will cooperate with the ALTERNATIVE METHOD. While it is true that attorneys will lose a portion of their potential revenue stream as a result:
bullet in respect of the 35% of debtors who cooperate with the ALTERNATIVE METHOD:
bullet Debt will be recovered more quickly, which should encourage creditors to assign a greater volume of collections instructions to our attorney clients, thus growing their debt collection practice/division.
bullet Collection instructions will generate cash flow much faster than if the TRADITIONAL METHOD was used, which cash flow will be useful especially if our instructing attorney is accepting large volumes of collection instructions on a contingency basis.
bullet A significant portion of debtors who sign AOD will default, in which case our instructing attorney can proceed in terms of the TRADITIONAL METHOD.
bullet The benefits that accrue from employing the ALTERNATIVE METHOD exceed the value of lost revue streams.
bullet Our instructing attorneys will save on the wasted costs and time delays caused by Returns of Non-Service when commencing the debtor collection process using the TRADITIONAL METHOD.

It is worth consideration, is it not?

A final motivation for the use of FSG's CSS SERVICES is appropriate. The appointment of TFA in every Magisterial District means FSG is creating a significant number of jobs and, since we are sourcing and training TFA who are persons from previously disadvantaged groups, we have made our TFA infrastructure our CORPORATE SOCIAL RESPONSIBILITY PROJECT. Consequently, we are adding to our B-BBEE scorecard, and those who use our CSS SERVICES will consequently add to theirs, under circumstance that current and anticipated B-BEE legislation has significant implications for trading in the corporate (and government) sector and cannot be ignored.

Click HERE to view our TERMS-CONDITIONS for CSS Services.

Fohla Security CC t/a FSG FORENSIC INVESTIGATORS & AUDITORS | TRACERS | RISK MANAGERS | GUARDS
_________________________________________________________________________________________________________________________________________________________________________