Home Debt Advice Rates arrears What happens if I can't pay?
 
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What happens if I can't pay? Print E-mail

Get advice as soon as possible if you can't pay. The Land & Property Services have a strict procedure for recovering rates arrears. There are strict time limits. If you contact your local Land & Property Services office, you may be able to negotiate a payment plan.

Check that you are responsible for paying your rates. Contact the Land and Property Services immediately if you think you may not be responsible for paying the rates.

I have received a reminder

You will only receive a reminder if you are already set-up to pay your rates by instalments, and your payment is overdue. If you pay the amount overdue within seven day your rates will continue to be paid in instalments.

If you don't pay the overdue amount or contact the Land & Property Services you will be sent a final notice.

I have received a final notice

You will get a final notice if you still haven't paid your rates after forty days. A final notice gives you 10 days to pay the full amount of rates outstanding for the year.

You may be able to negotiate a payment plan if you contact your local Land & Property Services office.

If you don't pay the full amount of rates or contact your local Land and Property Services office within 10 days you will be issued with a Process in Debt Proceedings. You won't get any further reminders and you will be charged extra court costs.

I have received a Process in Debt Proceedings

The Process in Debt Proceedings outlines:

  • the full amount of rates owed for the year;
  • additional court costs;
  • the date for the court hearing,

If you don't pay the full amount to your local office before the date of the hearing your case will go to court.

Can I negotiate a payment plan?

Land & Property Services usually won't agree any payment plans before the court date. Contact Housing Rights Service if you wish to negotiate a payment plan.

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Will I have to go to court?

You won't usually have to appear in court. You will usually only have to appear in court if you wish to dispute the amount that you owe. The court will normally order you to pay the amount you owe if you don't appear in court.

What happens after court?

If the judge decides that you must pay your rates you will receive a Decree telling you that you must pay your rates. You should contact your local Land & Property Services office to come an arrangement for paying your rates.

If you don't contact Land & Property Services, your case will be passed to the Enforcement of Judgements Office.

What can the Enforcement of Judgements Office do?

If you don't pay your debt or contact Land & Property Services, the Enforcement of Judgements Office will send you a Notice of Intention. If you don't pay the full amount within 10 days:

  • your credit rating will be affected;
  • the Enforcement of Judgements Office will add extra costs.

The Enforcement of Judgements Office can take a range of actions to recover the debt. The recovery actions are:

  • Attachment of Earning order - your employer deducts a small amount from your wages automatically to give to the Enforcement of Judgements Office
  • Order Charging Land- Any money you owe will be paid when you sell the property
  • Garnishee orders- The Enforcement of Judgements Office can ask your bank or building society to hand over money from your account to cover all or part of the debt
  • Seizure orders- The Enforcement of Judgements Office can take some of your possessions which will cover the amount you owe.

Will I be adjudicated bankrupt?

The Enforcement of Judgements Office can't declare you bankrupt. However, Land & Property Services can start bankruptcy proceedings if you owe more than £750. Bankruptcy proceedings will cost a lot of money.

 
Housing Rights Advice NI

Content on this site applies to Northern Ireland only.

Housing Rights Advice NI
Housing Rights Advice NI
 
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