Debt Recovery Action
When you have a debt owed to the Association it is your own best interest to co-operate, addressing the matter early will avoid the need for further action. Please contact us to make a payment or discuss a repayment arrangement.
A debt may have occurred for various reasons such as rechargeable repairs, former tenant rent arrears or outstanding factoring charges.
If you fail to contact us or clear the debt then we may refer your case to a Debt Collection Agency or consider pursuing a Small Claims action through the court. If Wishaw and District Housing Association receive a decree for the recovery of the monies owed you are then legally obliged to repay the debt. If you don't, there are a number of leagal options the Association can consider including;
- Wage Arrestment - Your employer will be instructed by the court to deduct an amount directly from your wages and pay it to the Association.
- An Exceptional Attachment Order - Used to remove goods from your home which can then be auctioned to raise funds to pay off any debt.
- Freezing Bank Accounts - Prevents you getting access to any funds in your bank account.
- An Inhibition Order - Stops an owner from being able to sell their property until such times as any outstanding debt is paid in full to the Association.
- A notice of Potential Liability - Attached to the Title Deeds of the property and alerts any potential buyer to an outstanding debt that they could become liable for if they purchase the property.
However, where both the Association and the Debt Collection Agency fails to get voluntary payments, we may have to consider pursuing Small Claims action through the court. If we do take court action you will be serviced with a summons giving you the date and time that your case is to be heard.
It is important to note that if you are referred to a Debt Collection Agency
or Court your ability to get credit in the future could be affected..