Frequently Asked Questions

What is the Debt Recovery Procedure?
Last Updated 8 months 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 Procedures
  • 1.The Annual Service Charge (ASC) is due for immediate payment on the first day of the ASC year.
  • 2.28 days from the immediate payment date, should an Annual Service Charge amount remain outstanding, a Debtor will be issued with a Late Payment Notice.This notice may incur an administration fee plus VAT.
  • 3.On, or after 7 days, from issue of the Late Payment Notice, the outstanding account will be passed to our Solicitor and Agent’s internal debt recovery team who will issue the Debtor with a Debt Recovery Letter inviting payment or contact to discuss reasons for non-payment.This Debt Recovery Letter may apply late payment charges.
  • 4.On, or after 14 days, from the issue of the Debt Recovery Letter, if no payment is forthcoming the Debtor may be issued with a Seven Day Notice.This document alerts the homeowner to enforcement action by Betts Estates to recover the amounts outstanding plus additional administration involved in the recovery of their debt.The options available to Betts Estates are:
  • a.Mortgage Lender – Contact will be made with your mortgage lender to advise of breaches in relation to the terms of your Title Deeds and your Mortgage Conditions.
  • b.Debt Recovery – Your account will be transferred to an independent external collection agency who may consider it appropriate to contact you to arrange a home visit to discuss your debt and their collection procedures.
  • c.Court Action – Proceedings will commence through the court and County Court Judgement will be registered against you, your outstanding debt may then be subject to fees and further legal costs incurred by our Solicitor in pursuance of your debt.This information is used by Credit Reference Agencies.

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