D20: Arrears Management

Synopsis

This Guidance Note sets out advice on the essential task for all managing agents, collecting monies for service charges and ground rents.

It also discusses the problems of cash flow and what to do if no funds are available or a deficit is expected.

Covering Topics

• Overview
• Avoiding Debt Recovery
• Credit Card Payments
• Debt Recovery Procedure
• Before Beginning Debt Recovery
• What Kind of Debt Is It?
• Arbitration
• Mortgage Lender and Debts
• Solicitors' Letters
• Debt Collection Agencies
• County Court and Small Claims Procedures
• Before Commencing County Court Action
• The Debt Respite Scheme
• The Courts and the FTT
• County Court Claims
• Enforcement
• Warrants of Execution
• Charging Orders
• Attachment of Earnings
• Third Party Debt Orders (Formerly "Garnishee Orders")
• Orders for Questioning of Judgement Debtors (Formerly Oral Examinations)
• Insolvent Leaseholders
• The Role of the FTTS
• Admission of Reasonableness by the Debtors
• Forfeiture
•  Limitation
• Arrears and Assignments
• Defendants Resident Outside England and Wales
• Costs of Debt Recovery
• Cash Flow Problems and Arrears
• Further Information