Debt Recovery Procedure

If an invoice remains outstanding for more than 28 days a reminder will be issued.

If one or more invoices remain outstanding for a period of 60 days after the issue of the invoice then we may apply an Administration Fee of £25.00 to each subsequent invoice issued until the debt is paid in full. The level of the Administration Fee will be reviewed annually on 1st December.

Failure to pay invoices may result in the implementation of our debt recovery procedure:

We will notify the owner in writing of our intention to instigate Legal Action unless the debt is paid in full within 7 days.

We may at our discretion issue a further letter notifying the owner of our intention to instigate Legal Action unless the debt is paid in full.

We will advise the owner that free and impartial debt advice is available from not-for-profit debt advice bodies and provide information on this.  If the debt remains unpaid we may employ the services of a Debt Recovery Agent.

If the debt still remains unpaid we will commence Legal Action for recovery of the debt, unless an arrangement has been entered into to pay off the debt.

We may also register a Notice of Potential Liability, in terms of the Tenement Scotland Act 2004, on the property which requires to be renewed every three years and which will remain in force until the debt is paid in full.

The debtor will be responsible for all costs associated with the Legal Action e.g. court dues, legal fees, the cost of the registration and discharge of the Notice of Potential Liability and any Sheriff Officer’s fees.

If a debt is disputed the owner must send us a written complaint outlining the basis of the dispute within 28 days of the issue of the relevant invoice.

No legal Action will be taken until the dispute resolution process has been completed. If an owner submits a complaint to the First-tier Tribunal for Scotland which is accepted, all Legal Action will halt until the conclusion of the complaint. Once the complaint is resolved, if there is still a debt outstanding we will then instigate our debt recovery procedure as above. 

If we are required to take the above Legal Action then the invoices and legal costs associated with that Legal Action will be shown in a separate statement of account and no further quarterly invoices will be added to this account.  Quarterly invoices issued following the Legal Action will be issued to the current account.  If the invoices on the current account remain unpaid then the above process will be repeated until all invoices are paid in full.