DEBT RECOVERY POLICY

Transcription

1 DEBT RECOVERY POLICY /2016 Draft Final Version: 2 File ref: CCS Policy Section: Revenue Date Adopted: 6 August 2015 Review Date: June 2016 Author: Financial Accountant Review Officer: Deputy Chief Executive Officer

2 CONTENTS DEBT RECOVERY POLICY 2015/ POLICY INTENT SCOPE BACKGROUND/SUPPORTING INFORMATION POLICY STATEMENT REVIEW DISTRIBUTION REGISTER...4 Version 2: 06/08/2015

3 1. POLICY INTENT The purpose of this policy is to provide procedural direction to ensure prompt follow up and timely collection of overdue rates and charges and other amounts owed to Council. 2. SCOPE This policy applies to all ratepayers and other debtors of Tablelands Regional Council. 3. BACKGROUND/SUPPORTING INFORMATION This Debt Recovery Policy is made in accordance with the Local Government Regulation POLICY STATEMENT 4.1 RATES AND CHARGES Rates and charges are due and payable within 30 days after the date of issue of the Rate Notice Recovery Action (a) Initial Recovery When rates are outstanding thirty seven (37) days or more after the issue date of the rate levy and no arrangement to pay or payment arrangement has been made and accepted by Council: A reminder notice will issue to all properties with an outstanding balance of $20.00 or greater, allowing the ratepayer fourteen (14) days to fully pay the balance or negotiate a payment arrangement with Council. Should the ratepayer fail to pay the outstanding balance or contact Council and negotiate an alternative arrangement within the fourteen (14) day period and the overdue balance is greater than $ action may be taken to refer the debt to Council s debt collection agency. Debt recovery contact and processes will continue until full payment is made or a suitable payment arrangement is in place. (b) Debt Collection A collection agency acting on behalf of Council will be empowered to recover the outstanding rates and charges. Below outlines some of the processes followed by the debt collection agency: Initially, letters of demand will be sent to ratepayers with overdue balances greater than $250.00, advising that Council has instructed their agency to collect the rate arrears and if payment is not made within the specified period, they will continue with legal action. Legal action will continue unless an acceptable payment plan is arranged or payment in full is received. If judgment has been obtained, all payments made on overdue rates accounts will first pay for any legal outlays prior to being applied to any overdue rates. Version 2: 06/08/2015 1

4 Where Council is of the opinion that debt recovery through the Courts will not result in full payment of the amount outstanding, or Council has been notified that a receiver or manager has been appointed to manage the financial affairs of the ratepayer, Council may elect to wait until the property is within the requirements to proceed to Sale of Land in accordance with the Local Government Act (c) Sale of Land for Overdue Rates and Charges (i) Residential Property Where rates and/or charges remain unpaid for three (3) years or more and no approved arrangements to pay or repayment plans exist, Council may commence proceedings to sell the property subject to and by virtue of its powers under Local Government Act 2009 and Local Government Regulation (ii) Vacant Residential and Commercial Property Where rates and/or charges remain unpaid on vacant land or land used solely for commercial purpose for one year or more and no approved arrangements to pay or repayment plan exist, Council may, by obtaining a judgement and by virtue of its powers under the Local Government Act 2009 and Local Government Regulation 2012, commence proceedings to sell the property Unable to Locate Ratepaye r Should Council and the debt collection agency be unable to locate the ratepayer and the ratepayers file has been sent to the debt collection agency twice within a 12 month period, then Council will consider holding action until the property is within the requirements to sell under the Local Government Act Requests to Set Aside Judgment Council will not agree to any request to set aside judgment for credit repair purposes to assist with finance applications or as part of a proposed settlement deal. Council may consider consenting to a request to set aside judgment on a case by case basis where the judgment debtor can show some irregularity in procedure in the judgment being entered or can raise an arguable defence on the merits. Where the judgment debtor proceeds to seek to set aside judgment through the courts, Council may decide to neither oppose nor consent to the orders typically sought in such applications. Council will provide a standard letter providing evidence where the debt has been fully paid upon a request from the ratepayer. Council informs the debt collection agency when debts are paid in full and the debt collection agency updates VEDA which marks the debt as fully paid however this does not remove judgment from the credit rating. 4.2 OTHER RECEIVABLES Other receivables are those accounts receivable that are debts owed to the Council for performing works and services. These receivables do not include rates and charges or fines Recovery Action For those receivables that are outstanding 30 days from date of issue an overdue reminder is marked on the end of month statement (for all debts). Version 2: 06/08/2015 2

5 For those receivables that are outstanding 60 days from date of issue a first demand letter is to be generated and sent for all debts greater than $ The first demand letter is to provide the customer with an additional 14 days to pay the account. For those accounts where the amount is still outstanding 90 days after the first demand letter a second and final demand letter shall be generated advising that there is 14 days to pay the outstanding balance or come to an alternative payment arrangement acceptable to Council. This letter is to be sent by registered mail. Failure to pay the final demand letter may mean that Council shall refer the overdue amount to Council s debt collection agency for recovery action (generally for debts greater than $50.00) Unable to Locate Debtor Should Council and the debt collection agency be unable to locate the debtor and the file has been sent to the debt collection agency twice within a 12 month period, then the balance is to be considered for write off action in accordance with the approved delegations. 4.3 ALTERNATIVE ARRANGEMENTS Rates and Charges An arrangement to pay the overdue amount will be offered where payments are made on a periodic basis, weekly, fortnightly or monthly and on the condition that the maximum term of the arrangement clears the account within the half year period of issue, being 31 December or 30 June within the financial year. Should more than one payment plan be forfeited (without agreement from Council), full payment of the amount outstanding is due immediately and no more payment plans will be accepted by Council while the applicant still owns the property. In accordance with the Local Government Act 2009 and Council's budget resolution, overdue rates will be charged compound interest at 11% per annum, calculated on a daily basis up to date of payment Rates and Charges and Other receivables Upon agreement of an alternative arrangement, the ratepayer or customer shall receive from Council a letter informing them of the arrangement and the details of the repayment plan. Alternative repayment arrangements are generally only accepted where the repayment proposal demonstrates the outstanding balance will be paid in full within a reasonable timeframe. In determining a reasonable timeframe, consideration will be given to the value of the overdue amount, the expected future rates and charges or other receivables, the administration costs associated with implementing the repayment plan and the proposed regular repayment value. Should the ratepayer or customer not fulfill the obligations of the approved arrangement to pay or repayment plan (without agreement from Council) then the arrangement to pay or repayment plan is considered cancelled and full payment of the overdue amount is payable immediately or recovery action will be commenced. The Rates supervisor is able to negotiate payment terms no longer than an 18 month period where the balance owing on the property will be fully paid within the 18 month period i.e. arrears and future rates and charges. The Council delegates to the Chief Executive Officer, (CEO) the ability to negotiate longer payment terms with ratepayers if, in the CEO's estimation, payment causes undue hardship. Version 2: 06/08/2015 3

6 4.4 BAD DEBTS All write off action for values in excess of $2, will be reported to Council on a monthly basis. Bad debts greater than $10, per customer can only be written off by Council resolution. A correction or administrative adjustment to a rate levy is not considered a write off. The following delegations limits apply for the write off of outstanding rates and charges: Rates Supervisor Delega tion The Chief Executive Officer, (CEO) delegates to the Rates Supervisor the ability to write off small amounts of outstanding rates and charges or other receivables balances to the value of $ Executive Mana ge r Finance Delega tion The Chief Executive Officer delegates to the Executive Manager Finance the ability to write off amounts of rates and charges or other receivables, to the value of $2, Deputy Chief Executive Officer Delega tion The Chief Executive Officer delegates to the Deputy Chief Executive Officer the ability to write off amounts of rates and charges or other receivables, to the value of $5, Chief Executive Officer Delega tion The Council delegates to the CEO the ability to write off amounts of rates and charges, or other receivables to the value of $10, REVIEW It is the responsibility of the Deputy Chief Executive Officer to monitor the adequacy of this policy and recommend appropriate changes. This policy will be formally reviewed every year or as required by Council. 6. DISTRIBUTION REGISTER Date Issue No. Copy No. Issued To Copy Type This policy is to remain in force until otherwise determined by Council. Version 2: 06/08/2015 4