Owner Occupiers – Debt Recovery Procedures
If you are having difficulty paying your invoice, the Association is willing to discuss a suitable repayment plan with you. Please contact a member of our Customer Service Team to discuss a payment plan.
The Association have a Debt Recovery Procedure which is in place to recover all outstanding balances in a timely manner and are as follows.
All owners will be sent an Invoice, the invoice will be due for payment within 28 days of issue. The association may accept payment by instalments but any such arrangements must be agreed within the 28 days of the invoice issue date. At present agreements for Management Fees is instalments over a 6 month period and Landscaping Fees is instalments over a 3 month period.
If an owner refuses to pay the sum they are due the Association will pursue recovery of the debt by sending the following letters, each letter will be sent at approx. 14 day intervals:-
- Owners Agreement Made Letter
- Owners Breached Agreement Letter
- Owners 1st Reminder Letter – Including Statement
- Owners 2nd Reminder Letter – Including Statement
- Owners Final Reminder Letter – Including Statement
- Notice of Potential Liability 1st Letter
- Notice of Potential Liability 2nd Letter
- Owners with Solicitors Letter
A Notice of Potential Liability letter informs the owner that if they do not settle the debt it is our intention to register a Notice of Potential Liability for the amount due with the Registers of Scotland under the terms of the Title Conditions (Scotland) Act 2003. When this has been done, the debt owed will appear as a burden on the Land Certificate for the property on the Land Register.
The Land Register is a public register and the liability for the debt will be in the public domain. It will also have an impact on the owners ability to sell their home. This is because the solicitor for any potential purchaser will, as a matter of course, check the burdens section of the Land Register and insist on any burden being removed before a house sale can proceed.
The burden then can only be lifted by the Association once all debt is paid in full.
If a former owner has left an outstanding debt and the Association have a forwarding address, the Association will pursue recovery of the debt by carrying out the following:-
- Former Owners 1st Reminder Letter – Including Statement
- Former Owners 2nd Reminder Letter – Including Statement
- Former Owners Final Reminder Letter – Including Statement
- Debt Collection Agency Letter
If a former owner does not contact the Association after the above letters have been issued then their file fill be passed over to a Debt Collection Agency to pursue the debt on behalf of AHA if the debt is over £100.
Legal Action and Debt Recovery Action will be a last resort. It is in your best interests to contact the Association to enter into a suitable repayment plan.
It is important that the Association is notified as soon as possible following the death of an owner to minimise the possibility of arrears remaining, before the property is either taken over by a family member or is sold.
Should you require further information in relation to the debt recovery of owners fees please do not hesitate to contact our Senior Customer Services Officer, Alison Geoghans or our Senior Finance Officer, Grant Miller.