Late Arrears & Escalation

The company director won't take your calls

When the decision-maker hides behind the company, you need to reach the person who can actually pay — and, where appropriate, remind them of any personal exposure.

What this scenario teaches

  • How to get past gatekeepers to the real decision-maker
  • Why reaching the director changes the conversation
  • How a personal guarantee shifts the dynamic
  • How to stay firm and compliant while applying pressure

7 min read

The scenario

The debt sits with a company, and the only person who can authorise payment is the director — who is conspicuously unavailable. Staff are apologetic but powerless, your messages never seem to reach the top, and the director themselves is shielded behind reception, voicemail, and "I'll pass it on." You are dealing with people who genuinely cannot make the decision and a decision-maker who will not engage. Chasing the staff achieves nothing because they cannot pay you; the person who can is the one you cannot reach. Breaking through to the director is the whole game.

What's really going on

When a director makes themselves unavailable over a debt, it is usually deliberate — they are using the company structure and their staff as a buffer to avoid a conversation they would rather not have, typically because the company cannot or will not pay. There is also a second dimension that often matters: whether the director gave a personal guarantee. If they did, the debt is not only the company's problem but potentially theirs personally, which transforms the conversation entirely — a director who is comfortable letting "the company" owe you money tends to be far less comfortable when their own assets are on the line. The two threads of the situation are therefore reaching the person with authority, and understanding whether that person carries personal exposure for the debt.

Your options

Your task is to get the matter in front of the decision-maker and frame it so it cannot be deflected:

  • Put it in writing to the director personally. A formal letter addressed to them by name bypasses the verbal gatekeeping.
  • Use the right channel. Registered post, the registered office, or a named email can reach where phone calls are filtered.
  • Check for a personal guarantee. If one exists, reference it factually — the director's personal liability changes their calculus.
  • Escalate formally. A letter of demand directed appropriately signals the matter is moving beyond informal chasing.

Recommended approach

Stop spending effort on staff who cannot help and direct the matter to the decision-maker in a form they cannot easily ignore. Put it in writing, addressed to the director by name — a formal letter, sent to the registered office or by registered post for a significant balance, cuts through the verbal screening that phone calls cannot. Set out the debt plainly and the consequence of continued non-payment, keeping the tone factual and professional. Crucially, check whether the director signed a personal guarantee: if they did, you can note, accurately and without melodrama, that the matter may engage their personal liability, which frequently changes a guarantor's willingness to engage. Throughout, keep your conduct firm but compliant — direct a debt to a director, yes, but do not stray into intimidation, harassment, or contact that breaches general ACCC and ASIC expectations. The goal is to make the responsible person confront a decision they have been avoiding, professionally and on the record. For when personal exposure matters, see guarantees and indemnities.

What to avoid

Do not keep pressing staff who plainly cannot authorise payment; it wastes effort and lets the real decision-maker stay hidden. Do not let the director's unavailability stall the account indefinitely — written escalation directed at them keeps it moving. Do not misstate or exaggerate personal liability; only reference a guarantee if one genuinely exists and describe it accurately, because overstating exposure is both unfair and undermines you. And do not let frustration tip into intimidating or harassing conduct toward the director or their staff, which breaches fair-conduct expectations and can rebound on you regardless of how owed the money is.

The lesson

  • Stop chasing staff who can't pay; reach the decision-maker who can.
  • Written escalation to the director by name cuts through verbal gatekeeping.
  • A genuine personal guarantee changes the director's calculus — reference it accurately.
  • Stay firm but compliant; never cross into intimidation or harassment.

Frequently asked questions

How do I reach a director who screens every call?

Move to writing — a formal letter addressed to them by name, sent to the registered office or by registered post, bypasses the gatekeeping.

Can I hold the director personally responsible?

Only if they gave a personal guarantee or there is another basis for personal liability. Reference it only where it genuinely applies.

Is it acceptable to keep calling the director repeatedly?

Reasonable contact is fine, but persistent or aggressive calling can breach fair-conduct expectations. Firm written escalation is more effective.

Put it into practice

Real situations, the right call

When an account goes past talking, Merion recovers it — commission-only, no upfront fee.