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Wishaw and District Housing Association - Debt Recovery Action

When an owner or former tenant owes Wishaw and District Housing Association money or where a current tenant or sharing owner owes any debt other than rent arrears, the Association can take steps to recover the money.

In the first instance we will, of course, look for you to voluntarily make payments to clear the debt but where this is not forthcoming or where you continually fail to adhere to the arrangements we made, we may refer your case to a Debt Collection Agency.  It is important to note that if you are referred to a Debt Collection Agency your ability to get credit in the future could be affected.

However, where both the Association and the Debt Collection Agency fails to get voluntary payments, we may have to consider pursuing Small Claims action through the court.  If we do take court action you will be serviced with a summons giving you the date and time that your case is to be heard.

When the court grants Wishaw and District Housing Association a decree for the recovery of the monies owed you are then legally obliged to repay the debt.  If you don't, there are a number of legal options the Association can consider including;

• Wage Arrestment - where your employer will be instructed by the court to deduct an amount directly from your wages and pay it to the Association.
• An Exceptional Attachment Order - can be used to remove goods from your home which can then be auctioned to raise funds to pay off any debt owed to the Association.
• Freezing Bank Accounts - which will prevent you getting access to any funds in your bank account.
• An Inhibition Order - stops an owner from being able to sell their property until such times as any outstanding debt is paid in full to the Association.
• A notice of Potential Liability - is attached to the Title Deeds of the property and alerts any potential buyer to an outstanding debt that they could become liable for if they purchase the property.

When you have a debt with the Association money it is in your own best interest to
co-operate with Wishaw and District Housing Association and make a repayment arrangement. 
If you do have a debt with us for any reason such as former tenant rent arrears, outstanding
property management account or rechargeable repair please contact the Association to
sort it out before the need for legal action arises.

Please note calls to Wishaw and District Housing Association
may be recorded for quality monitoring purposes.