1. Objective

The objective of this Procedure is to ensure that any money owed is collected promptly using efficient, effective, proportionate and fair debt recovery procedures. 

​2. Definitions

  • Arrears - for the purposes of this document the term ‘arrears’ is used to refer to a sum that is due to be paid on the request of Proactive Private Estate Management Ltd, has not been paid and the date on which payment was due has passed.

  • Debt - for the purposes of this document the term ‘debt’ is used to refer to an amount that is payable on the request of Proactive Private Estate Management Ltd.

  • Debtor – for the purposes of this document the term ‘debtor’ is used to refer to a person, persons or other legal entity that owes a sum of money requested by Proactive Private Estate Management Ltd. The term is used for convenience and is not intended to be pejorative.

 

Proactive Private Estate Management Ltd may be referred to as ‘PPEM, us, we or our’ throughout this document.

3. Aims

The aims of this document are to:

  • take positive action to prevent arrears occurring 

  • ensure prompt billing, provide a range of payment methods and to remind people promptly if they have not paid

  • encourage early engagement and communication to avoid a build-up of debt

  • take enforcement action against non-payers or those who have delayed repayment.

 

4. Scope

The scope of this document covers all invoicing, collection and debt management pertaining to monies owed to PPEM or monies collected on behalf of a client.

 

Separately or collectively, monies will also be referred to as Charges within this document. 

5. Context

PPEM have a legal duty to collect or recover all Charges due in an efficient and effective manner. This document ensures that the collection methods are fair to all debtors, especially those with lower incomes or other financial challenges. 

 

6. Email Verification

To guarantee we can achieve efficient and effective invoicing and debt management, we will request that our Contact Details form located on our website is completed and submitted correctly. A link to this form will be sent at the required time. This combines with our Communications Procedure to provide us with the ability to contact you regarding all matters during the contract. 

Failure to provide your contact and billing information will require us to send any invoices directly to your address by registered post.

 

7. Responsibilities of the Liable Person(s)

Any person(s) required to pay such Charges are solely or jointly responsible for ensuring payment is received by PPEM on time as clearly stipulated on invoices. 

 

PPEM requires any person(s) or legal entity who owes a sum of money or has a liability to pay, to comply with all legal obligations in respect of the liability or potential liability. PPEM commit to a fair invoicing and debt management process as set out in this document and it is our expectations that those owing sums will contribute to this process by abiding with the following principles:

  • pay amounts due promptly to ensure receipt by PPEM on or before the date that payment is due

  • follow instructions provided regarding the making of payments to ensure payments are credited correctly against the amount due

  • inform PPEM promptly of any changes to circumstances that may affect the amount to be paid or the ability to pay

  • inform PPEM promptly of any changes to your contact information or clarify what contact details we currently hold to ensure these are correct

  • inform PPEM promptly if it is believed the amount charged is not correct, both where the amount may be too much or too little

  • inform PPEM promptly if they are unable to pay an amount that is due

  • respect PPEM, its employees and respond to them courteously

  • be frank and honest when providing information in connection with the billing, collection or recovery of sums due to PPEM.

8. Invoicing and Reminder Letters

PPEM will ensure that invoices are sent in a timely manner and all related correspondence of this nature will be clearly written without the use of jargon. 

Invoices will inform the liable party of the following information:

  • what the bill is for

  • the amount due (Charges will be detailed separately as required)

  • any interest that has been added owing to late payment

  • administrative costs

  • how to make payment

  • the deadline for the payment

  • contact information.

 

PPEM will issue invoices and reminders in the following manner:

  • invoices will be sent with a clear due date to pay from the invoice date

  • a payment reminder will be sent fourteen days prior to the payment due date explaining the procedure that will follow if payment is not made

  • a final payment reminder will be sent seven days prior to the due date with additional information regarding any potential legal action.

 

Payment of the invoice can be made using the following methods:

  • Bank transfer - our preferred method (the receiving sort code and account number will be detailed on the invoice)

  • Credit Card - using our online payment provider (a transaction fee will apply and your credit card provider may charge additional fees)

  • Direct Debit – this method is available in exceptional circumstances, will be subject to transaction fees by our payment provider and any failed direct debits may also result in a fee charged by our payment provider (your bank may also charge you for this failed payment)

 

The invoice and payment reminder will be sent to the liable person(s) via the agreed preferred contact method(s). This is generally via email unless otherwise stated. We do not add any administrative costs during this stage unless you have failed to provide your contact information as described in Section 6, whereby a cost of £25.00 + VAT will be added.

Final reminders will be sent via email and we may also choose as an additional delivery method to post reminder letters directly through your letter box. 

 

Any letters relating to the same outstanding invoice will incur costs of £25.00 + VAT per letter after the payment deadline has passed. Our costs will be clearly shown within all correspondence where applicable. 

Unpaid Charges by property owners may result in an additional charge being added (a percentage of your Charges above base rate as stipulated by the legal documentation linked to the purchase of your property). 

 

9. The Recovery Process

After the time to pay has passed and your account still in arrears, no contact or attempt to pay has been made and no resolution has been agreed with all reasonable avenues exhausted, we will instruct a Debt Collection agency to act on our behalf to recover all outstanding monies. This does not include any additional fees that the agency may charge for their recovery process which will be your responsibility to pay. 

It must be taken into consideration that any additional costs/fees incurred as detailed throughout this document will exceed the original invoice amount. 

 

10.Disclaimer

PPEM will seek to adhere to this document, however, no omission in respect of the requirements of this document shall invalidate a requirement to make a payment, nor shall it be accepted as a basis for delay in the making of a payment. 

11. Your Data

PPEM will collect and store personal data for the purposes of the effective invoicing, collection and recovery of Charges due. Data retained for this purpose will be processed in accordance with GDPR and will be stored securely at all times. Data may be shared within PPEM or with external organisations where the law allows and where it is in the interests of the debtor or where it will prevent fraud or the unlawful evasion of payment of sums due. Our Privacy Policy can be viewed here.

 

12. Financial Assistance

PPEM understand that everyone has their unique financial status. We do not actively ask about individual circumstances, but we have a legal obligation to collect all Charges owed. We appreciate that talking about money is not easy and we need to maintain a balance between the requirements of legal documentation, our contractual responsibilities and full collection of the specified Charges. 

 

If you require any financial or legal advice, please do not hesitate to contact any of the below services and charities who will be able to provide information generally free of charge. 

Citizens Advice Bureau – www.citizensadvice.org.uk

Money Advice Service – www.moneyadviceservice.org.uk

StepChange Debt Charity – www.stepchange.org

National Debtline – www.nationaldebtline.org

Financial Ombudsman – www.financial-ombudsman.org.uk

Invoicing & Debt Management