Frequently Asked Questions

What is the Debt Recovery Procedure?
Last Updated 6 years ago

Homeowners whose bills are not fully paid (or have not agreed a payment plan with Betts Estates) by the due dates will be subject to the debt recovery procedures set out below.

Definitions:
Debtor: means the registered proprietor (homeowner) of the property where the Annual Service Charge remain outstanding for more than 28 days from the date of issue of the request for payment of the Annual Service Charge.
Joint Debtor: means a homeowner who is jointly liable with co-owner(s) to meet non-paying homeowners’ debits as per the terms stipulated with the Deed of plot transfer/Title Deed pertaining to that property.
Late Payment Charges mean: enforcement costs and interest as covenanted in your plot transfer under deed in paragraph 1 of the Fifth Schedule.Currently the interest rate is 4% per annum above the base rate of HBOS plc from such date if not paid within 28 days of date of the Annual Service Charge document. Enforcement costs are defined in paragraph 12 of your plot transfer as the reasonable and proper costs incurred in connection with the enforcement of performance and observations by the Transferee (i.e. you) of its obligations and liabilities concerning payment of the Annual Sum applicable to the Property.
All late payment charges are reviewed annually.
Additional costs may be incurred by Betts Estates when engaging a Third Party to recover the Annual Service Charge.

Debt Recovery Procedure in a Nutshell
  • Your service charge letter will be issued one month ahead of the date by which your payment is due.
  • Ten days after this due payment date, a late payment notice will be issued, including a final date for payment, which will be the last day of the month in which the payment was due.
  • If no payment is received by the date specified above, you will be issued with a final notice for payment, which will be due for payment within ten days.
  • If no payment is received within the ten-day deadline stated in the final notice, a court enforcement notice will be commenced, which will incur a court fee and daily interest from the day of the debt. This cost will be owed as well as the original debt.
When you purchased your property, your plot transfer will have included details confirming your obligation to pay your service charge in return for the management of the public open space. If you have any queries relating to this obligation, please refer to your purchasing solicitor. We cannot offer an exemption from payment of due charges as this would be in breach of this contract and unfair to other residents.

If you require additional information, please contact us via the helpdesk, by emailing residents@bettsestates.com, or on 01886 888445.

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