DEBT RECOVERY PROCEDURE
To ensure all areas of the Wynyard Estate are kept to the standards set out in our estate management services and to ensure fairness to all homeowners we must enforce a debt recovery process to collect any unpaid rent charge. We consider a fair and effective debt recovery procedure essential to the estate management services we provide for our customers. You should be aware that you share financial responsibility with your fellow homeowners to the extent that failure to meet your common charges invoices will reduce the float held. To help protect you and your fellow homeowners, we have a strict debt recovery procedure that operates as follows: Following the issue, each common charge invoice is due for immediate payment.
REMINDER STATEMENT
Approximately 28 days from the date of issue, if any invoice remains outstanding, a reminder warning of possible court action unless payment is received within seven days is issued.
DEFAULT NOTICE
If the debt remains unpaid, we, or our appointed legal agent, will issue a Default Notice to you, seeking recovery of all outstanding common charges.
Debtors still have the opportunity to make a settlement and avoid court action and are urged to do so. Under certain conditions, we may be able to agree to a settlement by reasonable instalments.
At this stage of the process, an administration fee, details of which can be found on our Schedule of Fees, is charged to you for the additional administration involved in the recovery of your debt.
FINAL NOTICE
If no response or payment is forthcoming, a Final Notice, intimating notice of court proceedings, is issued by our legal agents or us, and a further administration fee, details of which can be found on our Schedule of Fees, is charged to you for the additional administration involved in the recovery of your debt.
The case is then referred to court through our legal agents, and a decree for payment, including all expenses, is sought against you, the defaulter. Depending on individual circumstances, further diligence may follow with associated legal costs.
Notice of Potential Liability
With any debt, consideration will also be given to recording a Notice of Potential Liability for Costs against the title of the defaulter's property. This provides a degree of security that the debt will be met in the event of a sale of the property and is a process we often implement in the interest of the homeowners collectively where the proper maintenance, repair, servicing and/or insurance of the common area is being compromised by an individual homeowners' debt.
There is a financial consideration involved in this legal process, and an overall administration fee, details of which can be found on our Schedule of Fees, is charged to you for the additional administration involved in the recovery of your debt where it is considered necessary to take this step.
Wynyard Estate Annual Payment 2021/2022
As you can see from the table, we are thankful to those that have paid their maintenance fee and have allowed us to maintain this beautiful location we call home.
80% of payments were received
20% of Payments remain outstanding
LEGAL COSTS
In order to retrieve unpaid service charges we must follow the above debt collection procedure which incurs specific legal costs such as:
- Liaising with legal agents
- Preparing documentation and, where necessary attending court when seeking recovery of debt on behalf of all homeowners.
An additional fee is charged for our role in this, and any legal fees incurred in this process will be added to your (the defaulter's) debt and included in the court action.
If the debt is not paid within 12 months, all costs are paid by the estate float until the homeowner pays the debt.
IMPACT OF DEBT ON OUR SERVICE
In extreme cases where a debt, either singular or collective, has the potential to impact our service delivery, we will notify all homeowners accordingly.
DISPUTED SUMS
Where a dispute relates to a specific element of a common charges invoice, the charges relating to the items not in dispute must be paid.
If you are in dispute with any element of the common charges invoice, it is imperative, that you intimate specific details of the dispute to us. We will resolve any such dispute as soon as possible after notification.