The Tribune

By YOURI KEMP

Tribune Business Reporter

ykemp@tribunemedia.net

The Government’s key small business support agency yesterday disputed assertions it sent a “demand letter” to one of its clients seeking repayment of a loan that had fallen into arrears.

Samantha Rolle, the Small Business Development Centre’s (SBDC) director of external affairs, refuted the description given by Melissa Darville, co-owner of Shiver, a Bahamian-made ice cream producer, of the e-mail she received from an attorney representing a debt collection agency it had hired to address her outstanding debts.

Referring to Tribune Business’ interview with Ms Darville, which was published on December 28, she said: “There were some things we did not see to be factual in that article.

“The article said that Shiver received a demand letter by the SBDC and, after doing some due diligence on our side, there was no demand letter sent to Shiver from the SBDC unless you have something that contradicts that.”

This newspaper yesterday obtained the October 21, 2021, e-mail referenced by Ms Darville, which she received from Jamal Davis, principal of Oxford Law Chambers, acting for its debt recovery affiliate, Bahamas Credit Collections ( & Liquidation) Services.

The latter was hired by the SBDC to collect on debts owed by entrepreneurs and small businesses it has assisted in securing financing. This debt funding does not come directly from the SBDC but, rather, commercial lenders who advance the funds based on the security provided by the repayment ‘guarantee’ from the government agency. In Shiver’s case, the lender was RBC.

“Further to our conversation (Darville/Davis) yesterday, please be advised that our agency, Bahamas Credit Collections (& Liquidation) Services is engaged by Small Business Development Centre (SBDC), and the account of Shiver Premium Ice Cream Ltd has been assigned to us for collection,” Mr Davis wrote.

“Your present arrears are $5,866.93 under your loan partially guaranteed by SBDC, and we require that the same be paid to avoid SBDC being called on to pay the same. In the event that SBDC is called on to pay that amount (or any other amount), we shall require that you repay SBDC immediately. Please let us know how you intend to satisfy those arrears. We await hearing from you at your earliest, but no later than Tuesday, October 26, 2021.”

The e-mail appears to meet the definition of a “demand letter”, which is a document - usually crafted by an attorney - requesting that the recipient take immediate action to fulfill their obligations, and resolve a dispute, that usually involves the repayment of money.

However, Ms Rolle responded: “The Access Accelerator SBDC at no time sent Ms Darville a demand letter. She was contacted by the debt recovery agency in order to ascertain her ability to repay the outstanding debt owed.

“We’ve been communicating and trying to work with Shiver for quite some time now, and even working with the financial institution in which she took out the loan based on our assistance.

“Throughout everything we’ve been accommodating in terms of understanding her circumstance and trying to deal with what the owners of Shiver would have agreed to follow through with,” Ms Rolle added.

“We are simply asking Shiver to give us some indication, as we have been doing over the past six months, to their status and where they are at, and even if there is something that can be done to state that.”

Ms Darville, in response to Ms Rolle, said yesterday: “I never got a call to come and negotiate anything from the SBDC. I told the lawyer [Mr Davis] I don’t owe the SBDC anything because I’m dealing with RBC. That’s what I told the lawyer: Why is the SBDC saying that I owe them $5,000 when it’s RBC?

“So I told the lawyer I am dealing with RBC directly, and I have already made arrangements with them, so why would I give SBDC $5,000. Why would I do that?”