Divisional Manager: Pre-Legal (MT3) - Legal Collections Department

Listing reference: capbw_002244
Listing status: Online
Apply by: 14 March 2025
Position summary
Industry: Banking
Job category: Other: Banking, Finance, Insurance, Stockbroking
Location: Windhoek
Contract: Permanent
Remuneration: Market Related
EE position: No
Introduction
Overall responsible for leading and managing the pre-legal division, focusing on collections, arrears management and debt recovery processes before legal action is necessary, in compliance with the Bank’s credit policy and procedures. This role includes developing strategies in compliance with the Bank’s strategy to optimize pre-legal operations within the Retail and Commercial space, ensuring compliance with regulatory requirements, and collaborating with legal and financial teams to resolve issues effectively.
Job description

 KEY PERFORMANCE AREAS (KPAS)

1.    Financial Management
•    Assist the Senior Manager: Legal Collections with the planning and execution of the Branch’s budget and other financial targets.
•    Ensure the reduction of loss to the Group and increase of revenue through collections and recovery while account is a performing loan.
•    Manage costs/expenses within approved budget to achieve cost efficiencies in the recovery campaigns by ensuring execution of budget against target as defined in the Debt Recovery and Collection Strategy for the Bank.
2.    Pre Legal Collections
2.1    Pre Legal Collection of arrears accounts
•    Overall Responsible to ensure effective and efficient implementation of the Pre-Legal collections policy, procedures and processes in compliance with the Bank’s credit policy and procedures.
•    Overall Responsible to manage and organize multiple performing accounts through ensuring track is kept on outstanding arrears accounts.
•    Overall Responsible to ensure create and implement action plans on how arrears accounts should be managed and ensure that the actions plans are drafted, executed and monitored with the branches and clients. 
•    Responsible to create and implement strategies to increase the number of successful Pre-Legal collections on outstanding debts. 
•    Overall Responsible for educating clients about their payment status and negotiating payments structures and plans between the client, business and credit.
•    Overall Responsible to identify changes in the Pre-Legal collections process as a result of changes in the economy and implement pro-active responses.
•    Improve business decisions by providing accurate and reliable business intelligence (information) together with analyzing trends and data for the debt recovery and collection environment by presenting findings to Credit Support.
2.2    Legal 
•    Maintenance of expert knowledge on relative legislative amendments, industry best practices and provision of proactive advice and solutions to relevant stakeholders.
•    Identify how changes in legislation will affect the pre legal collection process and apply strategic changes in a pre-emptive attempt to lessen the effect of the change in legislation.
•    Overall Responsible to ensure that the client’s documentation and files are ready and in legal order when legal actions is unavoidable to ease that legal actions are well executed. 
•    Ensure compliance with national and international laws of realisation of security.
•    Ensure adherence to all applicable legislations and BON regulations.
2.3    Aftercare
•    Oversee that the aftercare process is adhered to, complied with and maintained.
•    Oversee that outstanding arrears clients are managed through aftercare implementation strategies and that the aftercare procedure is adhered to when listing and removing clients from the list.
2.4    Management of Tracing and Repossession
•    Overall Responsible for the effective and efficient management of internal tracing instructions. 
•    Overall Responsible for effective and efficient execution of repossession of assets (articles and vehicles).
•    Overall Responsible effective management of auctions once articles and/or vehicles are repossessed.
2.5    Business Turnaround
•    Provide expert legal advice and guidance on business turnaround matters, inter alia debt restructuring and insolvency.
•    Assist in evaluating and developing rescue plans for distressed businesses through supporting the Business Turnaround team.
•    Identify and manage legal risks associated with business turnaround activities.
•    Work with internal teams to support the bank’s business turnaround strategies for clients.
3.    Relationship Management
•    Assist the Senior Manager: Legal Collections in building and enhancing long-term working relationships with both internal and external stakeholders and clients, e.g. attorneys, branches, etc.
•    Responsible for the rendering of outstanding service to the department’s clients (branches) and acting as advisory body with respect to any queries related to branches, credit, which includes Conducts client engagement. 
•    Visit clients as and when deemed necessary.
•    Participate in the Debt Restructuring technical committee by providing guidance on debt recovery and collections modelling technical issues.
4.    Management of Reporting and Analysis
•    Prepare and present regular reports on pre-legal activities, outcomes, and performance metrics to senior management.
•    Analyse data to identify trends, issues, and opportunities for improvement in the pre-legal process.
•    Ensure effective and efficient management and submission of reports to relevant stakeholders.
5.    Management of Collateral Documentation 
•    Overall Responsible ensure effective and efficient management and administration of agreements and collateral documentation in compliance with the Bank’s policies and procedures. 
•    Overall Responsible to ensure that all collateral securities are legally valid and kept safely in accordance with the Bank’s policy and procedures. 
•    Overall Responsible to ensure effective and efficient realisation of all collateral securities ceded to the Bank in line with the Bank’s policy, procedures as well as applicable legislation. 
•    Overall Responsible to ensure that all insurance policies are in place in respect of client in collaboration with branches.
6.    Pre-Legal Operations
•    Manage the pre-legal process, including early-stage debt collection and negotiations.
•    Review and approve payment plans and other pre-legal agreements.
•    Ensure accurate documentation and record-keeping of all pre-legal activities.
•    Oversee the preparation and sending of pre-legal notices and communications to debtors.
•    Coordinate with legal counsel to escalate cases that require legal intervention. 
•    Overall Responsible for locating and contacting clients. 
•    Overall Responsible for conducting deeds search and BIPA searches.
7.    Leadership and Management
•    Provide management and leadership capability in the department.
•    Responsible for performance and talent management in the area of responsibility within Pre-Legal collections. Develop and re-enforce a performance culture in the department.
•    Lead and mentor a team of pre-legal specialists, providing guidance and support for professional development.
8.    Compliance, Risk and Support
•    Oversee the effective and efficient management and administration of legal collection internal processes and procedures to ensure compliance with the Bank’s risk framework to minimise risk.
•    Collaborate with other relevant internal stakeholders such as risk department, internal auditing in managing all risks related to Pre-Legal collections.
•    Comply with governance in terms of legislative and audit requirements.
•    Ensure compliance with all relevant laws and regulations governing pre-legal collections and debt recovery. 
•    Conduct regular audits of pre-legal processes to ensure adherence to compliance standards.
•    Develop and implement policies and procedures to improve compliance and reduce risks.
9.    General
Must be prepared / willing to do any other reasonable and lawful instruction/task and ensure that it is normally carried out on time and correct.
 
CORE COMPETENCIES:
•    Leading and deciding
•    Solution Driven
•    Negotiation and conflict resolution skills
•    Multi-tasking and time management skills
•    Interacting and presenting
•    Relating and networking
•    Analyzing and Interpreting
•    Formulating and Strategies and concepts
•    Organizing and Executing
•    Delivering and meeting customer expectations
•    Planning and organizing
•    Adapting and Coping
•    Entrepreneurial and Commercial thinking
•    Detail-oriented with strong analytical and problem-solving abilities.

Minimum requirements

EXPERIENCE/KNOWLEDGE & SKILLS
•    At least 5 years experience in a pre-legal collection environment.
•    In-depth knowledge of pre-legal collections, debt recovery processes, and relevant regulations in a Banking environment.
•    Knowledge of Business rescue.
•    Understanding of legal procedures related to debt collection and recovery.
•    Familiarity with compliance standards and risk management practices.
 
QUALIFICATION
•    LLB Honours 
•    A professional certification in finance, and/ or debt management and /or Business Rescue is preferred.
•    A minimum 10 years management experience.  
•    Leadership course is preferred.  

 

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