Amounts unpaid or unrecovered for more than certain period
18 Amounts unpaid or unrecovered for more than certain period
If, at the end of the 28 day period from the making of an order imposing a pecuniary sum, the debtor has not paid the pecuniary sum, or the sum is not the subject of an arrangement under this Division, the Chief Recovery Officer must cause a reminder notice to be given to the debtor.
A reminder notice must—
be in a form determined by the Chief Recovery Officer; and
contain information as to the enforcement action that can be taken against the debtor in the event of continued default.
Subject to subsection (4), a prescribed reminder notice fee will be added to and form part of the pecuniary sum in respect of which the notice is issued.
Subject to subsection (4), if, at the end of the 14 day period commencing on the day on which a reminder notice relating to a pecuniary sum was given to a debtor in accordance with subsection (1), the debtor has not paid the sum, or the sum is not subject to an arrangement under this Division, the following provisions apply:
the prescribed amount is added to, and forms part of, the pecuniary sum payable by the debtor;
if, on the expiration of the 28 day period commencing immediately after that 14 day period, a part of the pecuniary sum remains unpaid or unrecovered from the debtor under Part 7, or the sum is not subject to an arrangement under this Division, a further prescribed amount is added to, and forms part of, the pecuniary sum payable by the debtor.
The
Chief Recovery Officer may, in such circumstances as the Chief
Recovery Officer thinks just, waive payment of the whole or any part of an amount payable by a debtor in accordance with this section.
If, as a result of any proceedings, more than 1 order imposing a pecuniary sum is made against the debtor on the same day, the orders may be treated as if they were a single order for the purposes of this section, so that only 1 reminder notice is required to be sent in respect of all the pecuniary sums and only 1 reminder notice fee, prescribed amount or further prescribed amount (as the case may require) will be payable by the debtor in respect of all the pecuniary sums.
In this section—
prescribed amount means an amount prescribed by, or calculated in accordance with, the regulations.
This Act’s bill:Second reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.