On the 1st October 2017, the Debt Pre-Action Protocol was introduced. The aim of the protocol is to encourage communication between both parties so that any issues can be resolved before matters are escalated to court.
New collection procedure
If you have difficulty meeting your service charge payments, and you have not discussed this with us, you will receive two reminder letters to confirm the amount still outstanding. If you are still not able to make payment or make suitable arrangements for payment within the time stated on the reminder letter, you will then be sent a letter of claim.
The letter of claim
The letter of claim will confirm the amount outstanding as at the date of the letter. The protocol then gives you 30 days to provide a response and/or make full payment of the debt.
You will receive:
• Your letter of claim
• An information sheet
• A reply form
• A financial information form,
• A copy of form EX50 (which details some of the additional costs which you may incur, if we have to issue court proceedings against you).
You must complete and return a copy of the reply form and financial information within 30 days of receiving the letter of claim. If we do not receive your response to the letter of claim within this time, or any contact from you to discuss the matter, we may then issue court proceedings against you.
The reply form
You may use the reply form to request copies of any relevant documents in relation to the charges. You can also enclose copies of any documents you feel support the case that you do not owe the amount we are demanding, such as details of payments made.
You may wish to seek debt advice prior to returning the reply form. If this cannot be obtained within the 30 day period from the letter of claim, you must provide us with details, as specified in the reply form.
Should you indicate that you require further time to pay, your proposal for payment will be reviewed. If your proposal is not acceptable to the council, you will receive a written response with our reasons for
declining your offer of payment.
Next steps
If we have been unable to resolve the issues which have prevented you from maintaining your account (in accordance with your lease) and the council decides to take the matter further, you will receive
a notice of our intention to issue legal proceedings against you and within 14 days you may receive a claim form from the courts.
Should you wish to view a copy of the Debt Pre-Action Protocol, you can see it online by visiting bit.ly/2FmLD31
If you are experiencing financial difficulty please contact Barnet Homes Leaseholder Services at your earliest opportunity.
Tel: 020 8359 6020
Email: TalkToUs@barnethomes.org
Get involved
The Leaseholder Services Team will be holding focus groups throughout the year to discuss with leaseholders and freeholders issues that affect our service. This will include a review of management and administration fees.
If you would like to take part, lease send your name, property address and phone number to LHS@barnethomes.org.
If you are not able to email please call us on 020 8359 6020 and a member of the team will take your details.