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How to Instruct Us
We simply require the following details:
Full name & address of the debtor
All available contact details of the debtor i.e. contact name(s) / Tel / Mobile / Email(s)
Amount owed (Invoice(s) or Statement will help)
Or ask us to call you – just leave us your details:
Malawi Debt Collection – No Win No Fee
Creditreform operates a global specialist International debt collections service. We have local offices and fully approved expert international debt collection agency partners in every country worldwide. All our International debt collection agency partners and offices operate on a No Win No Fee basis charging an agreed commission against monies recovered only.
Main reasons why a local country debt recovery agency is so important rather than trying to recover from a debt collection agency UK are as follows:
The local International Debt collection Partners know:
The local cultures
Are in the same time zones
Herewith details of our debt collection service Malawi:
Location of debt recovery office in Malawi?
Our 2 offices are located at:
Blantyre and Lilongwe
All debt collection letters are sent by the local head office.
Number of debt collection staff?
We have 8 lawyers, 6 at Blantyre office and 2 at Lilongwe. Each staff member is allocated a client and all their debt collection letters are personalised in order to effect the best response results from debtors.
How long have you been operating a debt recovery service in Malawi?
We have been operating an African debt collection service on a no win no fee basis in Malawi since 2012. Malawi is included on our debt collection agency list.
Our founding Partner however has 12 years of practice experience. Together the team of 8 lawyers has a combined experience of 55 years.
What type of debt collection services do you provide? Do you do commercial debt recovery (B2B) and consumer debt recovery (B2C)?
We recover all types of debts i.e. business to business and also business to consumer/ client.
Statue of Limitation in Malawi?
In Malawi the limitation on recovery of debts depends on the facts bringing rise to the debts. For example, a right to recover a debt secured by mortgage or charge on any real or personal property has a 12-year limitation period whereas a debt arising from tort or contracts, recovery of rents etc has a limitation of 6 years. Recovery of debt arising from an award as a penalty has a limitation of 2 years. However, any acknowledgement of the debt within the limitation period resets the reckoning of time.
Malawi civil litigation statute of limitations is a law that time limits a plaintiff’s right to bring a claim against a defendant. The statute of limitations in Malawi is 6 years. However, if an action has been taken within this time then the statute of limitations time will be extended to account for this. Once the specified time period elapses then no action can be taken through the legal processes unless the plaintiff is able to prove exceptional circumstances. Other Statute of Limitations include:
Malawi Open Account Years – 6 years
Malawi Promissory Notes – 6 years
Malawi Written Contracts – 6 years
Malawi Oral Agreements – 6 years
How EU (European Union) laws effect debt collection in Malawi?
The effect of EU laws on debt collecting in Malawi depends on the agreement of the Parties. If the agreement provides EU as the jurisdiction, there are bottlenecks in enforcement and access to EU Courts. This makes the collection costs higher but it is not necessarily a problem. In the absence of any agreement to the contrary, the local jurisdiction applies, and the collection is easier.
Malawi is in discussions over a free trade agreement (FTA) with European Union as part of 6 Eastern and Southern African countries. This is referred to as an Economic Partnership Agreement and negotiations started in 2004 but were paused until further notice in 2011. The other Eastern and Southern African member states are Ethiopia, Djibouti, Somalia, Sudan and Zambia.
How many companies registries in Malawi for businesses (i.e. UK has just 1 central registry)?
Malawi has one Central Companies Registry which is called The Registrar General’s Department (which is the Companies House)
There is 1 company registry in Malawi which is called Ministry of Justice and Constitutional Affairs – Registrar General located at Fatima Arcade, Haile Selassie Road, P.O. Box 100, Blantyre, Malawi.
We have access to Malawi Company Registry searches to find out who further background information on all Malawi companies.
What is the debt collection process in Malawi?
The collection process in Malawi usually starts with a demand/letter before claim. By law, once a demand letter is served, the debtor has the obligation to pay the principal sum, interest and indemnity for collection charges on a graduated scale charge of 15%. If there is no response or compliance with the demand, we commence legal action in the High Court (Commercial Division). The matter must by law, go for mandatory mediation before the Judge. For straight forward claims, once the defence is filed, we apply for summary Judgement and then enforce the Judgement by means of levying execution on physical property or by way of Third Party Debt orders (getting the Court to order a bank or any party keeping the Defendant’s money to pay the said money directly to our claiming client). For other debts, the matter goes to trial if mediation fails.
For debts less than $2,750.00, the matter is commenced in the Magistrates Courts (lower courts to the High Court of Malawi)..
Average length of time to collect a debt?
The average time taken to recover a Malawi B2B debt collection case varies from case to case. The average length of time is 6 months from the debt of demand/debt collection letter template before claim.
Can late payment fees / interest to be added to claims?
a. Late payment fees: These can be added only if agreed by the Parties in their agreement giving rise to the debt. Penalty interest is only allowed if specifically provided for by the Parties agreement and has to be reasonable. Recently the Courts have held that penalty interest over 15% above agreed and applicable rate is not
b. Interest: interest is applicable on the debt and usually at Commercial leading rate compounded from the date the money fell due to the date of After judgment, a statutory 5% on the judgment sum applies..
Details on legal service / process in Malawi?
Malawi is a Common law country and hence the Courts play the role of independent referee. For debt collections, the Court process is faster because the cases are taken to the specialized division of the High Court called the Commercial Division (if the debt is above MK2,000,000.00 or $2,750.00). Anything below goes to the Magistrate’s Courts.
Most lawyers in Malawi are general Practitioners and they operate as both solicitors and barristers. There is no distinction like in the United Kingdom where one can be either Solicitor or barrister.
At our practice, before commencing the process, we prepare an ECA (Early Case Assessment Report) detailing the prospects of recovery. This makes sure that there is no wastage of time and resources on debts which are not collectable. When we commence action, we are always sure of the availability of property or money by the debtor which may be used to satisfy the debt. This is a very essential stage as the collection fees are contingent (no-win-no fee) and we make sure the claims are viable.
Over the last 7 years, our practice has collected over MK3,000,000,000.00 (Three Billion Kwacha), that over USD4,000,000.00 (Four Million USD) for clients like Banks, City Councils, private companies and individuals. We have been able to achieve success as we have a Legal Project Management department which makes sure that no date is missed, no time is wasted and nothing falls through the cracks thereby allowing the lawyers to focus on core legal work. Our practice systems are based on Lean Six Sigma and this value is delivered to our clients who are always happy to receive our services.
Malawi Business Credit Reports
Creditreform provides over 88 million international business credit reports throughout Europe and 200 million international business credit reports worldwide. We provide freshly investigated Malawi Credit Reports which can be done prior to trading to make sure the company you will be dealing with can meet the commitment or once the debt becomes overdue to ensure the debtor can meet the amount owed.
Creditreform’s debt collection company service also uses expert local Malawi tracing agent services to locate any absconded debtor. This debtor tracing service is provided on a No Find No Fee basis only charging for a successful trace.
Specialist Debt Recovery Experts
There are many unique requirements to recovering international debts in all countries including Malawi debt collection services which differ from the UK debt collection agency services and therefore it is very important that cases are handled directly by our expert international debt collection agencies and not from debt collectors UK. This method of international debt collection sets Creditreform aside from the competition who in many cases try and recover debts from a UK debt collector only. Using the local offices and partners enables us to achieve a far greater success rate and our No Win No Fee service together with competitive commission rates against monies recovered only ensures you get the best service.
Malawi Debt Collection Partners in the following Malawi Cities:
What is the name of the Government Gazette in Malawi?
The Gazette in Malawi is called The Malawi Government Gazette.
Which countries border Malawi?
Who are the main trading partners for Malawi?
What is the Supreme Court in Malawi?
The Supreme Courts for Malawi are called
Constitutional Court of Malawi
Supreme Court of Appeal (Malawi)
Malawi Debt Collection Agency FAQs
1. How does a Debt collection agency in Malawi recover overdue debts?
The debt collection process is initiated by an introductory letter to your debtor stating the amount owed to you and informing them of our involvement. Letters are then followed up with emails and telephone calls. From our experience the most effective part of this process will be the outsourcing to a third party debt collection agency in Malawi as the debtor now has to resolve the debt and can no longer hide or provide lame excuses.
2. How long does the debt recovery agency in Malawi take to process a case?
The debt collection case will be processed immediately up receipt and a letter sent normally by email and post. You will receive an automated confirmation by return.
3. What is the success rate for debt collection agencies in Malawi?
The success rate of the debt recovery case depends on a number of factors including the solvency of the debtor and whether the case has a legitimate dispute. Our aim is to recover every debt that is recoverable.
4. Does the debt recovery agency in Malawi operate a No Win No Fee debt collection?
We take on all debt collection cases on No Win No Fee basis only charging the agreed commission against monies recovered.
5. Why use a local debt recovery agency Malawi?
The reasons for using a local Malawi debt collection agency than processing from a different country is the debt collector in Malawi speaks the local language, knows the local laws and operates in the same time zones.
6. Are there any debts too old or too small for Malawi debt collection?
We will assess all debt cases, irrelevant of age and size and then advise the best processes to recover these through the Malawi debt collector.
7. How do I instruct the debt collectors in Malawi?
Instructing the debt collectors Malawi is a simple process. You just email details of the debt, debtor and amount to be recovered and the case can be initiated.
8. What evidence do I need to provide when instructing the Malawi debt collector?
When instructing the debt collector in Malawi just provide copies of invoices/statements, debtor contact details and any relevant information you may have to assist with the recovery process.
9. Who does the debtor pay?
In general the debt collector in Malawi will request payments to be sent directly to the client but if not possible for any reasons will take payment directly. If payment is taken then cleared funds will be processed and sent to client straight away.
10. Can I instruct multiple cases?
You can send unlimited debt case instructions. Our systems will automate volume cases to meet your requirements.
11. Can you trace debtors in Malawi?
Through our network of skip tracing agents we have an extremely high success rate of locating your absconded debtor.
12. How long does the debt collection process take?
On average the debt collections process takes 90 days to resolve an amicable debt recovery case. There are a number of factors that can delay this process but we will keep you informed every step of the way.
13. What are my options if debt collection in Malawi is not successful?
If the debt recovery service is not successful we will advise you of your options including legal actions. Please note no legal actions or other processes will be taken without prior instruction from you.