BRACKNELL FOREST COUNCIL ADULT SOCIAL CARE & HEALTH DEBT RECOVERY POLICY & PROCEDURES
|
|
- Briana Ross
- 5 years ago
- Views:
Transcription
1 BRACKNELL FOREST COUNCIL ADULT SOCIAL CARE & HEALTH DEBT RECOVERY POLICY & PROCEDURES POLICY DOCUMENT
2 Table of Contents 1. Definitions and Abbreviations Legal Status Principles for Debt Recovery Timing of Debt Recovery Options to Recover Debt Diminishing or Lack of Mental Capacity Recovering Debt & Deferred Payments Issuing a Claim through the County Court Complaints Responsibilities
3 1. Definitions and Abbreviations DPA The Council Deferred Payments Agreement. In the context of this document means Bracknell Forest Council. MCA The Mental Capacity Act
4 2. Legal Status 2.1 The Care Act 2014 introduces a modern legal framework for the recovery of any debts that may have accrued as a result of the Council meeting a person s eligible care and support needs. Powers provided under Section 69 of the Care Act provide equal protection to both the Council and the person. Section 70 of the Care Act also provides the Council with the power to recover charges from a third party where a person has transferred assets to them in order to avoid paying charges for care and support. 2.2 Ultimately the Care Act enables the Council to make a claim to the County Court for a judgement in order to recover the debt. As a first step, the Council must offer a person the option of a deferred payment agreement (DPA) in order to recover the debt wherever a person could be offered a DPA, and can only make an application to the court should this be refused. 3. Principles for Debt Recovery 3.1 The recovery of debts from those who are receiving care and support is a sensitive issue given the potentially vulnerable nature of the individuals and the Council s ultimate responsibility to meet needs. There could be a number of reasons why the person has not paid an assessed charge. Given this, Council officers will bear in mind the following principles when approaching the recovery of debts: Possible debts must be discussed with the person or their representative; The Council must act reasonably; Arrangements for debt repayments should be agreed between the relevant parties; Repayments must be affordable; Court action should only be considered after all other reasonable avenues have been exhausted. 3.2 The Council will clearly discuss with the person or their representative at the outset that care and support is potentially a chargeable service and that, where the person has been assessed as being able to afford to do so, they will be required to contribute to the cost of that care. It will also be explained that this means there will be invoices and an agreement should be reached as to whom the invoices are sent, and if the person wishes, that their agreement and authority is obtained for the use of a representative. 3.3 The Council also recognises that it is bound by the public law principle of acting reasonably at all times and will act in accordance with human rights legislation, as well as the wellbeing principle set out in the Care Act. Given this, the Council will consider all other reasonable avenues before utilising the powers provided under the Act. 3.4 Before pursuing any course of action the Council will consider whether it is appropriate to recover the debt. Although it has the power to do so, and in many 4
5 cases will wish to do so, there may be occasions when recovery is not pursued. An example of this may be: Where the amount of the debt is small and the costs of recovery would be disproportionate; 3.5 The Council will also consider how different approaches might impact on a person s wellbeing, in line with the general duty to promote a person s wellbeing. 4. Timing of Debt Recovery 4.1 The point at which a debt becomes due is the date at which the sum becomes due to the Council. If, for example, a bill was sent giving 30 days to pay, the payment becomes due on day 30. For any debts that accrued prior to the commencement of the Care Act 2014 the time period for recovering that debt continues to be three years as previously set out under Section 56 of the National Assistance Act 1948 as any change to this would be retrospective and unfair. For any debts occurring after the commencement of the Care Act 2014, the time period to recover debts has been extended to six years from the date when the sum would become due to the Council. Where a debt is taking some time to be recovered, provided legal proceedings have been issued within the limitation period, enforcement can continue. If it has not, the debt will be written off. 5. Options to Recover Debt 5.1 The Council will consider the full range of options available to recover the debt. This is particularly important as, if the claim does end up in court, the court is likely to consider what efforts have been made to resolve the issue first. Whilst it is at the discretion of the court to award costs, if no effort has been made to reach an agreement first a judge may hold against the Council when considering making an order for payment of the costs in the case. The greater the person s need, the more effort will be made to resolve the issue positively. Options may include negotiation, the use of an advocate to help the person understand the options available to them, supporting the family to gain a power of attorney or deputyship, the Council itself applying to be a deputy certain situations, or the use of independent mediation. 5.2 As a first step the Council will contact the person or their representative in an effort to ascertain why the contribution to their care and support costs has not been met. Where necessary, there will be more than one effort to contact the person in order to simply and quickly address the issue if possible, whilst balancing the need to minimise further delays. 5.3 In some cases the issue will be easily resolved as a result of the contact, either through the amount being paid, a repayment plan agreed, or from the offer of a DPA, where appropriate. However, some cases will be more complex e.g. if a person does not meet the eligibility criteria for a DPA, where a DPA is refused or there remains a dispute about the amount. Equally a person may be unhappy with their care provision, or could be depressed, have mental health issues or dementia. In many of these instances, social work assistance may be required. 5
6 5.4 The Council must establish whether the person has the mental capacity to make financial decisions. This is important as a person who lacks capacity to make financial decisions is in a different legal position from someone who has capacity. While both may be liable for their debt, the way to proceed to recover the debt is different. 5.5 Where a person has mental capacity to make financial decisions, the Council can proceed to the County Court but does have alternative options and will consider using these first. Options include: Negotiating an agreement. This could be through dealing directly with the person or their representative to broker a solution. This can be done by the Council but, in some circumstances may be better led by an independent person such as an advisor or solicitor. In some cases it may be beneficial to involve an independent advocate to support the person to understand the options available to them Mediation This is where an independent third party assists those involved to reach an agreement. This could be carried out by a professional mediation service but could equally be carried out by anyone who is not directly involved in the case, such as an independent practitioner or a local voluntary organisation. In these situations it is the people involved, not the mediator, who decides the course of action Arbitration This involves an independent arbitrator hearing both sides of the issue and making a decision on behalf of the parties that will resolve the issue. Arbitration is usually binding on both sides and therefore the Council would not usually be able to take the case to court after the arbitrator has made a decision, unless the other party defaults on the terms of the arbitration decision. 6. Diminishing or Lack of Mental Capacity 6.1 A debt may have accrued as a result of diminishing or a lack of mental capacity. In such cases, a decision will be taken as to whether the matter is a safeguarding issue. If it is felt that it is indeed a safeguarding issue, the usual safeguarding procedures should be followed. Practitioners will carry out a decision specific capacity assessment where there is a diagnosis of mental impairment or mental disorder, or where the person s engagement with care planning shows they may lack capacity to make some decisions. 6.2 The Council will adhere to the guidance of the Mental Capacity Act Where people with mental capacity issues have relevant mental capacity assessments on file, and where they have appointed attorneys or deputies to make financial decisions for them, the Council will involve this representative in any financial decision making. 6.3 Where a person has an attorney for property and financial affairs or a deputy, these roles give the attorney or deputy the legal authority to make financial decisions on behalf of the person. The Council can discuss all the previously listed debt recovery options with the attorney or deputy. 6
7 6.4 Where the person lacking capacity has no attorney or deputy and has substantial debts, then an application for a deputy is required. The application has to be made to the Court of Protection. Where there are family involved with the person, they may make the application to become a deputy. In cases where there is no family member or other suitable person willing to apply to be a deputy, the Council may make the application. The Council will always consider any risk of a conflict of interest where it applies to take on a property and financial affairs deputyship. 6.5 The Council will always seek to establish who has legal authority to make financial decisions on behalf of the individual, and will engage with that person. 7 Recovering Debt & Deferred Payments 7.1 Where a debt has accrued and a person could be offered a deferred payment agreement, the Council will offer the person, or their attorney or deputy, the option of repaying the debt through a DPA as set out in Section 69(2) of the Care Act A person could be offered a DPA if they are receiving care in a care home or are renting an extra care property, and the person has a form of security adequate to cover the DPA (usually a property). 7.2 The Council is only required to offer the DPA for the amount of the accrued debt and is not obliged to defer any future costs. However it will consider allowing the person to defer further payments so as to avoid any further accrual of debt. 7.3 This option is likely to be attractive to a person as the maximum interest rate for DPAs is set by regulations and is lower than the maximum amount the County Court can apply. It will also avoid the person needing to meet the costs of the Council if the County Court finds against them. For the Council, it will ensure the debt is secured, is less at risk and is likely to be quicker to secure. 7.4 Only where a person refuses the option of a DPA or does not meet the eligibility criteria can the Council seek to enforce the debt via an application to the County Court. The Council will therefore make sure a refusal, along with the reason, is recorded appropriately. 8 Issuing a Claim through the County Court 8.1 Where all other reasonable avenues have been exhausted, the Council may decide to proceed to the County Court in order to recover the debt owed. The County Court has been chosen to enable all parties involved to have an equal say regarding the debt that has accrued. 8.2 The Court will require the Council to prove the legal basis for the claim. 8.3 Issue of claim and other processes, including enforcement, attract a court fee. The level of the fee will vary depending on the amount that is being sought, and depending on whether the claim is issued online or by paper. Whilst there is an upfront cost to the Council to meet this fee, if an order or judgement is made in favour of the Council, the Court may add the fee to the debt recoverable. 7
8 8.4 In order for the Council to claim interest on the debt, it must include the relevant text in the section of the form entitled Particulars of claim. 8.5 Once the Court has issued the claim, a Notice of Issue will be sent to the Council and a copy of the claim to the person the Council is seeking to recover the debt from. The person will then have the options of not responding to the claim, admitting the full amount of the claim, or defending the claim. If no response is received to the claim, or if the person admits part or the whole amount of the claim, and the Council accepts the part admission, the court can be requested to enter judgement against the person. The Council may then commence enforcement proceedings if the person does not pay the judgement. If the claim is defended or the person does not accept the part admission, the claim will proceed to the next stage. 8.6 If the person is a protected party, the Council may only issue and serve the claim. Any person who lacks capacity to litigate will need to have a Litigation Friend appointed. It is the responsibility of the Council to inform the Court that there is a need for a Litigation Friend. Where the person has an attorney or deputy, that person may be appointed as a Litigation Friend with the permission of the Court. Ultimately it is the Court that will appoint the Litigation Friend. 8.7 The role of the Litigation Friend is to represent the person in Court. They may therefore raise any issue that the person would such as disputing the debt, seek alternative arrangements to repaying the debt, or raise any other issue they consider relevant to the question of the debt. It is therefore essential that the Council has acted properly in relation to the person who lacks capacity and there is no evidence of any perceived harassment. This must be with regard to both care and debt recovery. 8.8 Once a final judgement or order has been made it is not possible to add any further debts that may have accrued. The Council will therefore need to consider what steps can be put in place to ensure that a person is able to meet their assessed contribution towards the cost of their care and support. If debts continue to accrue, the Council will need to begin the debt recovery process again. 8.9 Where there is a court order or judgement for payment but the person has not complied with it, the Council can choose to enforce the order There are various methods of enforcement and the Council will need to consider the most appropriate action taking into account the person s circumstances and their own responsibilities to the person. Possible methods include: A warrant or writ of control; An attachment of earnings order; A third party debt order; A charging order A warrant or writ of control essentially enables enforcement agents or officers to take control of goods from a person s home or business. If the order is for 5,000 or less, an application for a warrant of control may be made to the County Court. If the order is for over 5,000 the Council may apply to the High Court for a writ of control An attachment of earnings order allows for the periodic deduction of monies by the person s employer (where they are known). It cannot be used if a person is 8
9 unemployed or self-employed. An application may also be made to the court for deductions to be made from other earnings such as a pension. Earnings are disregarded during the financial assessment of what a person can afford to contribute towards the cost of their care and so, in some instances, this may be an option A third party debt order will instruct a third party such as a financial institution that holds a bank or building society account for the person to pay out the available funds, less that institution s fees, to the Council. The process will only be successful if there are monies in the account on the day the financial institution receives the court order. Third party debt orders may not be made where the account is held in the name of more than one person. Savings are taken into account in the financial assessment of what someone can afford to contribute towards the cost of their care and this may therefore be a suitable option in some cases A charging order places a charge on a property or other assets owned by the person in order to secure the debt. This means that, just as with a DPA, payment will only be realised when the property or assets are disposed of. A further claim must be made for an order for sale to enforce the charging order. Where a person owns their property this is likely to be the most viable option for recovering the debt. It is similar to a DPA in that a charge is secured against the person s property but by order of the court. The charge is usually a first charge unless other charges such as a mortgage are already registered against the property. 9 Complaints 9.1 A person may wish to make a complaint about any aspect of the way the Council uses its powers under the Care Act. The Council has a clear complaints procedure and the person will be directed to this for information and advice on how to lodge a complaint or to contact the Local Government Ombudsman. 10 Responsibilities 10.1 Corporate Finance - Debtors Following the usual Corporate Debtors procedures in the initial stages. Ensuring that the person, or their attorney or deputy, is contacted in an effort to determine why payment has not been received. Ensuring that the person, or their attorney or deputy, is sign-posted to any applicable support resources. Ensuring that, where no payment has been received, a letter indicating final demand for payment is sent by recorded delivery. This letter should clearly state that failure to take action to settle the amount due may result in legal proceedings to recover the debt. Referring all debts over 1,000, or ninety days overdue, to the Debt Management Group for agreement on further action Debt Management Group Reviewing all debts more than ninety days overdue. 9
10 Ensuring that care management concerns are considered as part of each case review. Recommending actions for debt recovery including possible legal action. Heads of Service are required to discuss with their Chief Officer each individual case, where legal action has become a possibility, prior to each Debt Management Group meeting. Recommending the write-off of sums where recovery is unlikely or may not be considered cost effective. Having established the facts in individual cases, and the views of the relevant Chief Officer, the Chair of the Debt Management Group will make the decision on whether to proceed with legal action Corporate Services Legal Advising the Debt Management Group on all legal issues arising in respect of pursuing outstanding debt. Upon authorisation and receipt of instruction together with the necessary evidence, to commence legal action to recover outstanding debt. In respect of probate matters, upon authorisation to instruct specialist lawyers to commence legal action to administer the estate of the deceased Write-off All agreed debt write-off will be completed in accordance with the Adult Social Care, Health and Housing Scheme of Delegation, and the Council s financial regulations. 10
Recovery of Debts Policy
Adult and Community Services Recovery of Debts Policy Purpose The Care Act 2014 introduces a modern legal framework for the recovery of any debts that accrue as a result of a local authority meeting a
South Lanarkshire Council Debt Recovery Policy
South Lanarkshire Council Debt Recovery Policy If you need this information in another language or format, please contact us to see how we can best meet your needs. Phone 0303 123 1015 or email equalities@southlanarkshire.gov.uk
Sundry Debt Management and Recovery Policy
1. Introduction Sundry Debt Management and Recovery Policy 1.1 Forest Heath and St Edmundsbury Councils (referred to in this document as West Suffolk or the councils ) provide a wide range of services
Version 0.1 Adult Social Care Deferred Payment Policy Issued: April 2015
Adult Social Care Deferred Payment Policy 1 Introduction 1.1 This Policy details how Deferred Payment Agreements (DPAs) are to be operated by Rochdale Council from April 2015. 1.2 When a person enters
Rochdale MBC Corporate Debt Management Policy. Contents Page. Page
Rochdale MBC Corporate Debt Management Policy Contents Page Page 1. Background and Objectives 1.1 What is a Corporate Debt Management Policy 1 1.2 Introduction 1 1.3 Objectives of the Policy 1 1.4 What
www.nelincs.gov.uk North East Lincolnshire Council - Corporate Debt Recovery Strategy
Executive Director Business Services Rob Walsh B.A. (Hons) Solicitor www.nelincs.gov.uk North East Lincolnshire Council - Corporate Debt Recovery Strategy Background. As part of Transactional Services
Care & Residential Services Debt Management & Recovery Policy
Care & Residential Services Debt Management & Recovery Policy Fair and reasonable Collecting debt quickly Version 1 April 2015 Debt Management & Recovery Policy Page 1 Trafford Council Table of Contents
North East Lincolnshire Council. Debt Management Strategy
North East Lincolnshire Council Debt Management Strategy Section Title Page No 1. Introduction 2. General Principles 3. Principles common to all debts 4. Principles of Enforcement 5. Strategy specific
Income and Debt Management Policy, Processes and Responsibilities April 2015
Appendix A Income and Debt Management Policy, Processes and Responsibilities April 2015 Lancashire County Council Income and Debt Management Policy, Processes and Responsibilities (2015) Section Description
Wiltshire Council PAYING FOR RESIDENTIAL OR NURSING CARE WHERE PEOPLE OWN THEIR PROPERTY INTERIM ADVICE PENDING NEW POLICY
Wiltshire Council PAYING FOR RESIDENTIAL OR NURSING CARE WHERE PEOPLE OWN THEIR PROPERTY INTERIM ADVICE PENDING NEW POLICY 2015 2016 Please note, this is interim guidance pending changes to the Councils
Council Tax and Benefits Service. Debt Recovery Processes Council Tax and Housing Benefit Overpayments
Council Tax and Benefits Service Debt Recovery Processes Council Tax and Housing Benefit Overpayments Version Control Version Revised by Date Description 1 Andi Frangeskou May 2015 Original issue 2 3 1.
Information for people in residential care with property
Information for people in residential care with property If you are assessed as eligible for permanent residential care and you have a property and your other capital is valued at less than 23,250 the
The Deferred Payments Scheme. An information leaflet for home owners, paying for residential or nursing home care
The Deferred Payments Scheme An information leaflet for home owners, paying for residential or nursing home care What is the Deferred Payment Scheme? The deferred payment scheme is designed to help if
Deferred Payment Agreement Factsheet
Deferred Payment Agreement Factsheet What is a Deferred Payment Agreement? Deferred Payment Agreements are designed to help you if you have been assessed as having to pay the full cost of your residential
How To Help The Council With Its Finances
COUNCIL TAX AND BUSINESS RATES RECOVERY PROCEDURE SECTIONS 1. The Council s Aims 2. The Revenues Service 3. The Legal Framework 4. Demand Notice 5. Joint & Several Liability 6. Instalments 7. Methods of
Housing Benefit Overpayments Policy. December 2013
Housing Benefit Overpayments Policy December 2013 1. Aims of the Policy 1.1. The aims of this policy are: 1.1.1. to ensure we minimise overpayments and reduce them as much as is possible when raised 1.1.2.
Paying for your own residential care
Paying for your own residential care June 2015 Page 1 Contents How will I know whether my needs have to be met by residential care?... 3 How do I find a home?... 3 How much will I have to pay towards the
Cheshire West & Chester Council
Cheshire West & Chester Council Debt recovery code of practice 1.0 Introduction 1.1 This code of practice underpins Cheshire West and Chester Council s corporate debt policy and sets out the approach adopted
Guide to the Debt Recovery Process
Guide to the Debt Recovery Process How it works, and what we The debt recovery process can seem confusing and daunting. We aim to simplify it as much as we can, and to make clear from the outset what we
Deferred Payments Scheme Guidance Notes for residents, relatives and carers
Royal Borough of Windsor and Maidenhead Deferred Payments Scheme Guidance Notes for residents, relatives and carers What you need to know June 2015 Windsor, Ascot and Maidenhead What is the Deferred Payments
Debt Recovery Scheme. a helping hand. www.salaw.com
Debt Recovery Scheme a helping hand www.salaw.com www.salaw.com 2 We understand that chasing debtors can be complicated, frustrating and time-consuming We recognise the importance of credit control and
SCHEDULE OF OPTIONS AVAILABLE TO INDIVIDUALS IN FINANCIAL DIFFICULTY
SCHEDULE OF OPTIONS AVAILABLE TO INDIVIDUALS IN FINANCIAL DIFFICULTY The most common options available to individuals who are unable to pay their debts are:- 1 Do nothing. 2 Obtain an unsecured debt consolidation
Commercial Debt Recovery Service
Davis Gregory Solicitors & Notaries Commercial Debt Recovery Service Davis Gregory Solicitors 25 Rodney Road Cheltenham GL50 1HX Telephone: 01242 235202 Email: debt@davisg.co.uk www.davisgregory.co.uk
Debt Management And Recovery Procedure For Care And Residential Services Debt P26 - PROCEDURE V2.0 2015-04-01
Debt Management And Recovery Procedure For Care And Residential Services Debt P26 - PROCEDURE V2.0 2015-04-01 WARNING! PLEASE NOTE IF THE REVIEW DATE SHOWN BELOW HAS PASSED THIS PROCEDURE MAY NO LONGER
Newcastle City Council. Deferred Payment Scheme. Effective from 1 April 2015
Newcastle City Council Deferred Payment Scheme Effective from 1 April 2015 1 1. Introduction and Legal Status 1.1 The Care Act 2014 (section 34-36) establishes a universal deferred payment scheme, which
RECOVERY OF DEBTS, RATES AND SERVICE CHARGES
RECOVERY OF DEBTS, RATES AND SERVICE CHARGES POLICY NO. 1.2.13 (Adopted at the Ordinary Meeting of Council held on 8 June 2010) Index OBJECTIVES 1 POLICY STATEMENT 1 Definitions 1 GUIDELINES AND PROCEDURES
Debt Management and Recovery Policy for Adult Social Care Debt
IN CONFIDENCE Debt Management and Recovery Policy for Adult Social Care Debt Rotherham Metropolitan Borough Council Author: Your council Riverside House Approved by: Robert Cutts Main St Rotherham S60
FIFE COUNCIL INTEGRATED INCOME COLLECTION AND DEBT RECOVERY POLICY
Appendix A FIFE COUNCIL INTEGRATED INCOME COLLECTION AND DEBT RECOVERY POLICY INTRODUCTION 1.1 This document details the Council s policies on the billing, collection and recovery of monies due to the
Care and Support Charging and Financial Assessment Framework
Care and Support Charging and Financial Assessment Framework Effective date 1 st April, 2015 Approved by Adult Social Care, Children s Services and Education Committee Date approved 4 th March, 2015 Service
Money Management Team Limited Limited Service & Fee Agreement
Money Management Team Limited Limited Service & Fee Agreement These Terms of Business set out the agreement between you and us. Please ensure that you read them all carefully. If you do not understand
If instalments are not paid as they are due a reminder will be sent requiring payments to be brought up to date within 7 days.
APPENDIX 1 DEBT RECOVERY POLICY This debt recovery policy of South Lakeland District Council aims to maximise income from all revenue generating sources whilst incorporating a sympathetic approach to the
Debt Management and Recovery Policy for care & residential services debt
Debt Management and Recovery Policy for care & residential services debt V1.0 15 Jun 2012 www.manchester.gov.uk LEFT BLANK INTENTIONALLY 2 Table of Contents 1 Introduction and Background 4 2 Legal and
A Creditor s Guide to Voluntary Liquidation in Hong Kong
A Creditor s Guide to Voluntary Liquidation in Hong Kong Creditors Voluntary Liquidation Creditors voluntary liquidation occurs when shareholders put a company into liquidation because it is insolvent,
Clinical Negligence: A guide to making a claim
: A guide to making a claim 2 Our guide to making a clinical negligence claim At Kingsley Napley, our guiding principle is to provide you with a dedicated client service and we aim to make the claims process
MOVING INTO A CARE HOME Frequently asked questions
MOVING INTO A CARE HOME Frequently asked questions What types of income and savings are counted as part of a financial assessment? Employment Support Allowance / Incapacity Benefit Pension Credit Former
ROSSENDALE BOROUGH COUNCIL SUNDRY DEBT MANAGEMENT - POLICY STATEMENT
ROSSENDALE BOROUGH COUNCIL SUNDRY DEBT MANAGEMENT - POLICY STATEMENT 1. Introduction 1.1. The principal objective for any debt recovery policy must be the maximum conversion of outstanding debt into cash
Deferred Payment Scheme Information Leaflet
Deferred Payment Scheme Information Leaflet What is the Deferred Payments Scheme? The Deferred Payments Scheme is designed to help you if you have been assessed as having to pay the full cost of your residential
APRIL 2015 CARE AND SUPPORT CHARGING POLICY
APRIL 2015 CARE AND SUPPORT CHARGING POLICY London Borough of Barking and Dagenham Care and Support Fairer Charging Policy 1.0 Introduction 1.1 The Care and Support Charging Policy is designed that the
DEBT ADMINISTRATION PROCEDURE
Related Policy These procedures are for the implementation of the Debt Administration Policy and provide procedures to be followed by staff engaged in Debt Management and Debt Recovery and their managers.
CORPORATE DEBT RECOVERY CODE POLICY STATEMENT
CORPORATE DEBT RECOVERY CODE POLICY STATEMENT January 2016 1 P age Contents Page Page 1. DEBT RECOVERY 1.1. Introduction 3 1.2. Aims of the Policy 3 1.3. Scope of the Policy 4 1.4. Statutory Basis for
Deferred Payment Agreements
Deferred Payment Agreements Paying for your Care in a Home Barnet Council s Deferred Payment Scheme What is a Deferred Payment Agreement? A Deferred Payment Agreement is an arrangement with the Council
Debt Recovery Policy. Draft Copy
Debt Recovery Policy Draft Copy Table of Contents 1. Introduction...1 2. Policy Aims...2 3. How These Link to Our Corporate Aims...3 4. Policies Common to All Types of Debt...4 5. Principles of Enforcement
Deferred Payment Agreement Scheme
Adult Social Care and Health Deferred Payment Agreement Scheme Information about the Council s Deferred Payment Agreement Scheme an option to help you manage care home costs if you own your property www.reading.gov.uk/carecharges
Personal Debt Solutions (Dealing With Debt) An Essential Guide by Debt Advisory Services (Scotland)
Personal Debt Solutions (Dealing With Debt) An Essential Guide by Debt Advisory Services (Scotland) Why you should read this guide Many people living in Scotland, through no fault of their own, are struggling
DEBTORS AND DEBT RECOVERY POLICY. Honiton Community College Academy Trust. This Policy was adopted by the Governing Body of
DEBTORS AND DEBT RECOVERY POLICY Honiton Community College Academy Trust This Policy was adopted by the Governing Body of Honiton Community College Academy Trust on 20 th May 2015 and will be reviewed
Chichester District Council. Corporate Debt Recovery Policy
Chichester District Council Corporate Debt Recovery Policy 1 1. Introduction The Council raises a significant proportion of its total income through local taxes and charges. These sources of income provide
What is the Deferred Payments Scheme?
What is the Deferred Payments Scheme? The Deferred Payments Scheme is designed to help you if you have been assessed as having to pay the full cost of your residential care but cannot afford to pay the
INCOME MANAGEMENT POLICY
INCOME MANAGEMENT POLICY 1. Principles 2. Aims 3. Methods * Arrears Prevention * Debt Recovery * Rent Accounting 4. Statutory and Regulatory Requirements 5. Performance Monitoring 6. Review 7. Date of
Policy document Strategic/Governance SG 13
Rates and Charges Debt Collection and Recovery Head of Power Sections 132-134 of the Local Government Regulation 2012 sets the parameters for Local Government s management of overdue rates and charges.
Deferred Payment Scheme: Frequently Asked Questions
Deferred Payment Scheme: Frequently Asked Questions What is a deferred payment scheme? The Deferred Payments Scheme is designed to help you if you have been assessed as having to pay the full cost of your
Council Tax Debt Recovery Policy
Council Tax Debt Recovery Policy Contents 1. Legal Framework 2. Demand Notice 3. Joint & Several Liability 4. Instalments 5. Methods of Payment 6. Reminder/Final Notices 7. Summons 8. Liability Order/Request
NATIONAL STANDARDS FOR FINANCIAL MANAGERS
NATIONAL STANDARDS FOR FINANCIAL MANAGERS Introduction These National Standards for Financial Managers are an initiative of the Australian Guardianship and Administration Committee and follow from and
GUIDE TO FUNDING YOUR MEDICAL NEGLIGENCE CLAIM
GUIDE TO FUNDING YOUR MEDICAL NEGLIGENCE CLAIM Because of the expert knowledge and depth of investigation required in order to bring a successful claim, negligence litigation can be expensive. Understandably,
Debt Management Policy. East Lindsey District Council
Debt Management Policy East Lindsey District Council 1 Debt Management Policy 1. Introduction 2. Legislation 3. Policy Aims 4. Policy Objectives 5. Communication 6. Recovery of Money Due 7. Our Approach
GADSBY WICKS SOLICITORS FUNDING THE CLAIM
FUNDING THE CLAIM This is an important issue because we know that many people are understandably very worried about incurring legal costs. But there is no need to worry about costs. Because of changes
INSOLVENCY (BANKRUPTCY & LIQUIDATION) AND CHARGING ORDER POLICY
EK SERVICES POLICIES AND PROCEDURES INSOLVENCY (BANKRUPTCY & LIQUIDATION) AND CHARGING ORDER POLICY EK Services Insolvency & Charging Order Policy 1 Contents 1. Introduction and purpose of policy document
STITT & C Ọ SOLICITORS 11 Gough Square, London EC4A 3DE Tel: 020 7832 0840 Fax: 020 7832 0865 email: info@stitt.co.uk
STITT & C Ọ SOLICITORS 11 Gough Square, London EC4A 3DE Tel: 020 7832 0840 Fax: 020 7832 0865 email: info@stitt.co.uk TERMS OF ENGAGEMENT 1. Service Commitment We aim to offer our clients quality legal
PLEASE CONTACT US IF YOU REQUIRE THESE TERMS OF BUSINESS IN LARGER PRINT. Painters. Version 3: January 2014
PLEASE CONTACT US IF YOU REQUIRE THESE TERMS OF BUSINESS IN LARGER PRINT Painters Terms of Business Version 3: January 2014 Introduction We aim to offer our clients quality legal advice with a personal
Expert advice. Practical solutions. Personal service. 1
Debt recovery talk In these uncertain economic times, it is very important that businesses make sure that their credit control is properly organised and enforced. Failure to do this will result in substantial
DSA. Guide to a Debt Settlement Arrangement
nseirbhís Dócmhainneachta na héirea DSA Guide to a Debt Settlement Arrangement n Insolvency Service of Ireland A Debt Settlement Arrangement enables an eligible insolvent debtor to reach agreement with
Appendix A. Draft Debt Management, Recovery and Write-Off Policy
Appendix A Draft Debt Management, Recovery and Write-Off Policy CONTENTS Page 1. Introduction and Aims 2 2. Billing and Invoicing arrangements. 4 3. Payment of Bills and Invoices 4 4. Enforcement. 5 5.
Briefing Note: Enforcement of a Judgment
An Introduction to the Briefing Note Obtaining an award of damages and/or costs may only be the first step in getting what you are entitled to. Where the party ordered to pay damages and/or costs (the
LEGAL SCHEME REGULATIONS
LEGAL SCHEME REGULATIONS These Regulations came into force on 1 July 2014. 1 Introduction 1.1 These Regulations govern the Union s legal Scheme. The Rules of the Union set out your other rights and entitlements.
Tonbridge & Malling Borough Council
Contents Introduction Statement of Intent Key Principles Further Information Annex A - Council Tax Recovery Policy Annex B - Housing Benefits Overpayment Policy Annex C - General Debt Recovery Policy Annex
Income and Debt Collection Protocol Adult Social Services
Income and Debt Collection Protocol Adult Social Services February 2012 CONTENTS Introduction... Error! Bookmark not defined. Background... Error! Bookmark not defined. Brent Council s financial framework...
FIAS factsheet 4 October 2015
Deferred payment agreements in Suffolk Please note we strongly recommend that you take independent financial advice if you are considering using the deferred payment scheme from Suffolk County Council.
Understanding our Legal Process. How to get the most out of your Invoice Finance facility
Understanding our Legal Process How to get the most out of your Invoice Finance facility Contents 1. Key Aims Page 3 2. Dispute Resolution Team Page 4 3. Key Stages in Dispute Resolution Pages 5-7 4. Costs
IMF (Australia) Ltd. Combined Financial Services Guide and Product Disclosure Statement
IMF (Australia) Ltd Combined Financial Services Guide and Product Disclosure Statement Dated the 18th day of January 2010 FINANCIAL SERVICES GUIDE & PRODUCT DISCLOSURE STATEMENT PAGE 2 1. Introduction
MERTHYR TYDFIL COUNTY BOROUGH COUNCIL
MERTHYR TYDFIL COUNTY BOROUGH COUNCIL DATE WRITTEN 14 th October 2005 REPORT AUTHOR Mark Horrigan COMMITTEE DIVISION Strategic COMMITTEE Cabinet COMMITTEE DATE 16 th November 2005 TO: Chairman, Ladies
People moving into a care home who have a property Information sheet D4 April 2016
People moving into a care home who have a property Information sheet D4 April 2016 This information sheet explains your rights as a homeowner if you are moving into a care home with financial support from
DEBT RECOVERY POLICY
DEBT RECOVERY POLICY OBJECTIVE 1.1 The objective of the Debt Recovery Policy is: To ensure that money owed to the Comhairle is collected as soon as possible using efficient, effective and fair debt recovery
Deferred Payment Scheme. This leaflet gives a guide to Derbyshire County Council s Deferred Payment Scheme
Deferred Payment Scheme This leaflet gives a guide to Derbyshire County Council s Deferred Payment Scheme Contents What is the Deferred Payment Scheme? Page 3 To apply for a Deferred Payment you must...
Revenues' Recovery Policy
Revenues' Recovery Policy Introduction This document sets out Birmingham City Council s policy in relation to the recovery of unpaid council tax. The powers for the recovery are contained within the Council
POLIC Y POLICY POLICY POLICY POLICY CS.1 ATTACHMENT. Policy Title: Debt Management Policy 2013. Date of Adoption:
CS.1 ATTACHMENT POLIC Y POLICY POLICY POLICY POLICY Policy Title: Debt Management Policy 2013 Date of Adoption: Adoption Method: Council Executive Other (please specify) CEO Signature: Responsible Officer
In divorce or civil partnership dissolution the court's first consideration is given to the welfare of any children under the age of 18.
How Is A Divorce Settlement Reached? In divorce or civil partnership dissolution the court's first consideration is given to the welfare of any children under the age of 18. In financial proceedings the
Insolvency & Debt Recovery Glossary of Terms
Insolvency & Debt Recovery Glossary of Terms Administration An insolvency procedure in which an Administrator is appointed to attempt to rescue an insolvent company. It s designed to protect the company
REVENUES DEBT RECOVERY POLICY
REVENUES DEBT RECOVERY POLICY 1.0 Introduction 1.1 Wyre Forest District Council is responsible for the collection of council tax and national non-domestic rates (NNDR) on behalf of Worcestershire County
Vela Debt Recovery Policy
Vela Debt Recovery Policy Overview The scope of this policy is to establish a framework for the recovery of a range of debts which includes:- current and former tenant arrears current and former recharge
Debt Management Strategy Cabinet Member for Resources and Performance
AGENDA ITEM: 10 Pages nos. 197-213 Meeting Cabinet Resources Committee Date 16 January 2012 Subject Report of Summary Officer Contributors Status (public or exempt) Wards affected Enclosures For decision
Deferred Payment Agreement (DPA) Fact Sheet
Deferred Payment Agreement (DPA) Fact Sheet From April 2015, all councils in England are required to provide a Deferred Payment scheme for local residents. This will apply to anyone who owns a property
For more information. This leaflet is available on request in other formats such as large print and languages other than English.
For more information This Code of practice is approved by Ofwat and forms part of a suite of code of practice leaflets available to customers. This leaflet is available on request in other formats such
How To Get A Debt Out Of The Council
Recovery Team, Revenues Council Tax Debt Recovery Procedure 2014 Table of Contents 1 Purpose 2 General matters 2.2 Vulnerable people 2.3 Equality duties 2.4 Use of data 2.5 Advice agencies 2.6 Complaints
Insolvency: a guide for directors
INFORMATION SHEET 42 Insolvency: a guide for directors This information sheet provides general information on insolvency for directors whose companies are in financial difficulty, or are insolvent, and
Help us to help you Contact us and work in partnership with your local Council
February 2016 Version 6 Torridge District Council A Fair Collection and Recovery of Debt Policy Help us to help you Contact us and work in partnership with your local Council Torridge District Council
GADSBY WICKS SOLICITORS EXPLANATION OF LEGAL TERMS
EXPLANATION OF LEGAL TERMS Affidavit: After the event litigation insurance: Application notice: Bar Council: Barrister: Basic Charges: Before the Event Legal Expenses Insurance: Bill of costs: Bolam test:
HER MAJESTY S COURTS SERVICE (HMCS) Part of the Ministry of Justice (MoJ) CIVIL COURT FEES A RESPONSE BY THE ASSOCIATION OF PERSONAL INJURY LAWYERS
HER MAJESTY S COURTS SERVICE (HMCS) Part of the Ministry of Justice (MoJ) CIVIL COURT FEES A RESPONSE BY THE ASSOCIATION OF PERSONAL INJURY LAWYERS June 2007 The Association of Personal Injury Lawyers
LEGAL GUIDE TO RECOVERING A TRADE DEBT
LEGAL GUIDE TO RECOVERING A TRADE DEBT Howat Avraam Solicitors A: 154 160 FLEET STREET, LONDON, EC4A 2DQ T: 020 7884 9400 E: Matthew.Howat@hasolicitors.co.uk Unpaid invoicing is a fact of life for most
T: 01483 408780 E: info@setfords.co.uk. T: 01483 408780 E: info@setfords.co.uk W: setfords.co.uk. Setfords Legal Guides. For Business.
Setfords Legal Guides For Business Debt Recovery T: 01483 408780 Debt Recovery We understand that your debts need to be recovered quickly and efficiently. Our experienced team offers advice on the most
Bridgewater Housing Association Ltd Policy
Bridgewater Housing Association Ltd Policy Approved committee on by 5 August 1998 31 March 1999 26 April 2000 25 September 2002 30 November 2005 17 December 2008 Review Date: 16 December 2011 Ref: Arrears
Your PPI Reclaim Plan
Solutions Your PPI Reclaim Plan Terms Of Business Money www.moneysavesolutions.com Introduction Solutions These Terms of Business should be read in conjunction with Your PPI Reclaim Agreement. The information
Debt Management Policy
Debt Management Policy Table of Contents page 1. Purpose 3 2. Objective 3 3. Debts to which this policy applies 3 4. Roles and Responsibilities 4 5. General Principles 4 6. Delivering the Policy 5 7. Raising
Will, trust and estate disputes
Will, trust and estate disputes Contents Types of claim Is the Will valid? Inheritance Act Claims Have you not been left sufficient financial provision following the death of a friend or relative? Promissory
Nottingham City Council. Council Tax Recovery COLLECTION STRATEGY
Nottingham City Council Council Tax Recovery COLLECTION STRATEGY Purpose The purpose of this strategy is to provide the framework for Revenues & Benefits Service to provide efficient and effective collection
customer debt recovery
policy customer debt recovery Responsible Officer: Assistant Chief Executive Neighbourhoods Approved: March 2017 Review Date: August 2015 Version: 2 Date Ratified: March 2011 Scope: Incommunities Incommunities
PIA. Guide to a Personal Insolvency Arrangement
nseirbhís Dócmhainneachta na héirea PIA Guide to a Personal Insolvency Arrangement n Insolvency Service of Ireland A Personal Insolvency Arrangement enables an eligible insolvent debtor to reach agreement
Cabinet. 16 February 2015
Cabinet 16 February 2015 Title: Debt Management Performance and Write-Offs 2014/15 (Quarter 3) Report of the Cabinet Member for Finance Open Report Wards Affected: None Report Author: Steve Cooper, Head
DEFERRED PAYMENT AGREEMENT. Information Pack for our service users and their families or representatives
12 WEEK PROPERTY DISREGARD PERIOD AND THE DEFERRED PAYMENT AGREEMENT Information Pack for our service users and their families or representatives What is the 12 week Property Disregard Period? The Council
A guide to debt recovery through a county court for small businesses. It could help you decide whether court action is right for you.
EX350 A guide to debt recovery through a county court for small businesses 1. Introduction This leaflet covers the sort of things to bear in mind when considering going to court. You can issue a claim
PERSONAL DEBT RECOVERY
PERSONAL DEBT RECOVERY Welcome to our Debt Recovery Service What is Debt Recovery? It s the recovery or payment of a sum of money owed. Recovering monies owed to you from either companies or individuals
POLICY. Subject: Debt Recovery Property and Estate Management (Factoring) Policy. Committee: Repairs and Maintenance Page: Page 1 of 8
POLICY Subject: Debt Recovery Property and Estate Management (Factoring) Policy Committee: Repairs and Maintenance Page: Page 1 of 8 POLICY OUTLINE The Debt Recovery Property and Estate Management (Factoring)