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1 Credit Management and Compliance © 1 January 2014 EDF Energy plc. All rights Reserved1
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Credit Management and Compliance Sue Chapple
Credit Management and Compliance © 1 January 2014 EDF Energy plc. All rights Reserved
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Contents
An Understanding of Compliance
The Impact of Non-Compliance
Compliance as an aid to Collection
Making Compliance work for you
Compliance – is it fair?
Protecting your customers AND you
Credit Management and Compliance © 1 January 2014 EDF Energy plc. All rights Reserved
44
An Understanding of Compliance
Credit Management and Compliance © 1 January 2014 EDF Energy plc. All rights Reserved
Regulation
Regulatory bodies vary by Industry Sector,
but in essence Regulation targets:
Fairnes
sProtection of the vulnerable
Honesty & Transparency
Clarity (plain English)
Legislation
The Acts that we must abide by are also
designed to fairly protect the customer:
Anti- Fraud & Anti-Bribery
Data Protection
Competition Act
CEAR Act (Complaints)
Com|pli|ance: The state or fact of according with or meeting rules or standards
Credit Management is monitored and governed by various bodies, all of which impose
obligations. Compliance is a necessity, not a choice.
Is this fair to the Industry? Does this restrict or strengthen Credit Management activity? Can we
make Compliance an asset?
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The Impact of Non-Compliance
Credit Management and Compliance © 1 January 2014 EDF Energy plc. All rights Reserved
Regulation
Obligatory rules that must be followed, governed and enforced by a Regulatory body
Penalties: Fines (up to 10% of turnover), Licence Restrictions
Legislation
Statutory Law stated within Acts, governed and enforced by Law Enforcement Agencies
Penalties: Company and/or personal fines, Imprisonment and Criminal Record
Policy/Procedure
Formal procedure, set and governed internally
Penalties: Disciplinary, internally managed
Company Commitments
Standards set and governed internally
Penalties: Disciplinary, internally managed
6
Compliance as an aid to Collection
Credit Management and Compliance © 1 January 2014 EDF Energy plc. All rights Reserved
• Invoice promptly - keep the supply to payment timeline as short as possible
• Give your customers concise and timely notice of actions and requirements
• Clearly signpost the implications of non-payment throughout the customer journey
• Publish meaningful statements of Policy and Fairness
• Treat customers fairly – assess your processes and ensure that you are doing the right thing
• Know your customers – what do they do and when do they do it?
• Respond to queries quickly and keep the customer informed
• Have a strategy in place to deal with vulnerable customers effectively and fairly
Key Responsibilities
7
Making Compliance Work for You
Credit Management and Compliance © 1 January 2014 EDF Energy plc. All rights Reserved
Compliance at an operational level
All of the previous points are Legal/Regulatory touch points. They ensure that the customer
knows exactly what is expected of them, and the implications of not complying themselves.
They are also the right thing to do!
Structuring your processes to clearly detail how you incorporate these obligations documents
that you are compliant. Training your staff and setting Controls to audit evidences that you are
compliant
The result
Your customer has the best opportunity to pay before alternative action is needed, and your
business has the best opportunity to avoid further actions and additional costs
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Compliance – is it fair?
Treating customers fairly
The litmus test for your processes and customer impacting decisions: is it fair, is this the right
thing to do? Assessing this as a baseline should set you on the right path to complying with all
Regulation and Legislation
Stepping outside of an approved process
Sometimes following the standard process is not the right thing to do. If a decision is taken to
treat a customer differently under specific circumstances, assess and document why it is fair to
take this course of action. If questioned on the motives behind the activity, you can provide
evidence that you did the right thing
Credit Management and Compliance © 1 January 2014 EDF Energy plc. All rights Reserved
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Protecting your customers AND you
Historically Regulation and Legislation have been seen as a nuisance, preventing us from doing
our jobs effectively
I challenge this – why would we want to take a course of action that’s not morally the right thing
to do?
Having Policies and Procedures that are clear, transparent and compliant ensure that you and
your customers know exactly where you stand. You send a clear message, and that message
can’t be contested as it’s coming from exactly the right place.
This makes it easier for your customers to understand, and places you in a strong position if
you ever do need to take action against a customer, as you have done the right thing
throughout the course of their journey with you
It takes less time to do a thing right, than it does to explain why you did it wrong. ~Henry
Wadsworth Longfellow
Credit Management and Compliance © 1 January 2014 EDF Energy plc. All rights Reserved