Debtor Assistance

Maddocks Recoveries manages your overdue revenue, so you can get on with business

A service of Maddocks

Forms

Make a payment

Pay by phone: If you wish to make a payment by credit card over the phone, please call us on +61 3 9258 3847.
Pay by credit card: to pay online by credit card, fill out the details here.

Resources for rate payers

Help for those facing financial difficulties:

What do I do if I am suffering financial difficulties?

During times of financial difficulty, mounting bills can feel incredibly overwhelming. We’re here to help you get back on track and improve your financial situation.

You can call Maddocks Recoveries on 03 9258 3847 or your council’s rates department to help you get in touch with a financial counsellor in local area who is free of charge.

A financial counsellor will analyse and assess your financial situation, as well as give you information and options about your credit and debt issues. They will also help you develop a plan to improve your situation.

Frequently asked questions (FAQs) about rates:

What do I do if I am suffering financial difficulties?

During times of financial difficulty, mounting bills can feel incredibly overwhelming. We’re here to help you get back on track and improve your financial situation.

You can call Maddocks Recoveries on 03 9258 3847 or your council’s rates department to help you get in touch with a financial counsellor in local area who is free of charge.

A financial counsellor will analyse and assess your financial situation, as well as give you information and options about your credit and debt issues. They will also help you develop a plan to improve your situation.

Why do I need to pay rates?

Rates help pay for essential community services provided by your local council. These include waste removal, street lights, roads, carparks, libraries, child care, aged care and home help.

When are my rates due?

Every August your council will send a letter outlining how much your rates are. Some councils offer payment in full by 15 February, but otherwise, payment is made by quarterly instalments, due on:

  • 30 September
  • 30 November
  • 28 February
  • 31 May

If you do not pay the first instalment, interest starts to accrue on the balance you owe. If you pay the first instalment at the same time as the second instalment, no further interest is payable provided you pay the third and fourth instalment on time.

How are the rates on my property determined?

Rates are calculated by the value of your property. The more your property is worth, the higher rates you pay.

When I purchase a property, what is the statement of adjustments?

When buying or selling a property, a statement of adjustments is prepared by your conveyancer or solicitor. At settlement, rates are usually paid by the new property owner to 30 June of that year. If you are selling and have paid the current quarter of rates, this does not mean that you have paid to the date that you will move out. The following is an example of how this works.

  • Council rates for a property are $1,000 for the year. The council year runs from 1 July – 30 June (365 days).
  • Settlement of this property is due on 31 May.
  • The seller has paid $750 towards the rates for the year (three quarterly payments).
  • The seller is responsible for paying rates on the property from 1 July – 31 May (336 days)
  • The buyer is responsible for paying rates on the property from 1 June – 30 June (29 days).
  • The statement of adjustments will show the purchaser needs to contribute 29 days which equals $79.45
  • Any outstanding rates due to Council will be paid from the settlement funds. In this case there is $250 outstanding.
  • Sellers share of the $250 = $170.55
  • Buyers share of the $250 = $79.45
  • The buyer is then responsible for the full rates for the next rating year.

What happens if rates aren’t paid?

If you do not settle your rates by the specified deadlines, interest will accrue in line with Section 172 of the Local Government Act 1989. The current annual penalty interest rate is 10%, as determined by Section 2 of the Penalty Interest Rates Act 1983. Interest will begin to accrue from the due date of each unpaid instalment and will continue until the outstanding amount is paid or recovered, unless you enter into a payment plan.

Unsettled accounts after the due date may be managed by debt recovery agents or legal representatives, incurring further costs for the recovery process.

Should the Council fail to receive any communication from you regarding the unpaid rates, additional recovery actions may be initiated.

Ignoring the outstanding debt may escalate the issue to legal proceedings in the Magistrates' Court, which could result in considerable legal costs. Therefore, we strongly advise contacting the Council or their representatives to arrange a suitable payment plan before any legal action is taken.

FAQs about making overdue payments:

How do I make a payment on overdue rates?

Payment instructions can be found on your rates notice, final notice, letter of demand or payslip from Maddocks Recoveries.

You can pay:

  • online by using Bpay, Aust Post Billpay or Maddocks Recoveries website
  • over the phone with a credit card
  • in person at the post office or at your council’s offices.

What reference do I use for telephone payments?

On your final notice or letter of demand, please quote the Bpay biller code and the reference number underneath.

Has my credit rating been affected at letter of demand stage?

No. Your credit rating is not affected at the final notice, letter of demand or complaint (when legal action is commenced) stages.

What if I can’t pay in full?

Contact Maddocks Recoveries to discuss a payment arrangement so you can pay the debt by weekly, fortnightly or monthly instalments.

Who will you speak to when you call Maddocks Recoveries?

Our Account Managers will guide and assist with payment and/or any financial difficulties you find yourself in.

How are payment plans set up?

When setting up your payment plan, we discuss:

  • payment frequency – whether you will pay weekly, fortnightly or monthly
  • amount to be paid
  • start date.

If you’re struggling to keep up with your repayments, please call our office on 9258 3847.

If you do not make regular repayment, your file will be marked as defaulted to show payments are not being made in accordance with your agreement. If you are planning to make payments outside the arrangement, please call us so we can note this on your file.

Interest continues to accrue until the debt is paid in full, if a payment arrangement is not in place or adhered to.

I’ve already paid my rates; why did I still get a letter of demand?

It may be several days between Council instructing us to send a letter of demand to rate a payer through to when Australia Post delivers them by mail. Should you make a payment during this time, you will still receive the letter of demand.

What is a Third Party Authority?

This is where you give us authorisation to talk to a nominated person about your outstanding debt. This person may be a financial counsellor, partner, friend, family member or solicitor.

You can provide a Third Party Authority through our website or by emailing us at [email protected]. Alternatively, you can go to your council’s offices to provide details directly to them.

The information you need to provide is your name, the property address with rates owing, the name of the person you authorise us to discuss your rates with, as well as the email address and phone number of that person.

FAQs about legal action:

What is a complaint?

A complaint is where legal proceedings are commenced against you to recover an outstanding debt. This incurs costs that are payable by you.

  • What to do when you are served with the complaint
    To avoid further legal action, you need to call Maddocks Recoveries to discuss to making a payment in full or arrange a repayment plan.
  • Can a complaint be served to someone else or does it have to be served to me directly?
    The Magistrate Court Rules states that the complaint can be served on you personally or on a person over the age of 16 years living at your address.
  • Complaint or summons served by a sub-service by post, ad or notice
    If our process server is unable serve you personally, we can apply to the court for an order for substituted service. This means we can serve the complaint or summons on you by post. If we have been unable to make contact with you or anyone at the address, we can apply for an order for sub-service. This means we may place an advertisement in The Age newspaper for two consecutive Wednesdays, which states legal action has been issued against you and you need to contact Maddocks Recoveries. We also place the same notice on your door or fence to notify you that legal action has been issued to recover a debt against you. Once you receive this notice, you should contact our office to discuss payment options.

What is an order?

An ‘order’ is a direction given by a court requiring a person to do (or not do) something, such as paying an amount of debt owed.

Twenty-one days after a complaint is served, we make an application to the court and supply an Affidavit of Service. An order for payment is then issued by the court for the amount owing, interest accumulated on the debt and legal costs incurred.

What does an order mean for me?

An order will be listed on your personal or company credit file. This may create difficulty obtaining a loan or credit card, as some financial institutions will not provide you with funds while an order is in place.

Even if you make an arrangement to pay the debt off, the credit agency will not be advised until the amount is paid in full.

If you pay the amount in full, we can provide you with a letter of consent and Minutes of Consent Order for you to take to the court to make an application to have the order set aside. The court will then issue a notice, which you can send onto the credit agency to remove the order notification from your credit file.

What is a summons to attend for oral examination

If you have been served with a summons for oral examination, you are required to attend court on the date and time specified on the summons The hearing takes approximately 30 minutes, which is conducted by a Registrar of the Court. You will need to answer questions about your ability to pay the debt owed and will have the opportunity to offer a repayment arrangement. Following the hearing, the Court will send us a report stating if this offer has been accepted. From here, we will be in contact with you.

If you do not attend court on the specified date, we will ask the court to issue a warrant for your arrest. This requires the police to visit you and inform your next hearing date and time. If you do not attend several times, the police can arrest you and take you to the nearest police station where you will be asked to provide a bond to ensure you attend the next hearing date.

We do not accept repayment arrangements prior to the hearing. However, if you wish to avoid attending the hearing, you can pay the amount in full prior to the hearing date.

What is a warrant to seize property?

A ‘warrant to seize property’ is issued by the court and sent to the Sheriff’s Office, who will attend your address to see if there are any goods to be seized, such as a car or boat.

If you pay the total amount owed under a the relevant court order, your goods will not be seized or sold.

What is a field call?

A field call is often used by a creditor as an alternative to legal action. An agent attends your address to ask questions about your financial ability to repay the debt owing. They will provide you with a payslip so you can pay the amount in full. They will also give you our contact details if you wish to make an arrangement to repay the debt.

What is a mortgagee letter?

This is a letter sent to your bank that holds your mortgage. It advises them of the amount you owe for rates and that an Order has been obtained. It asks if the bank is able to pay the debt owing or if the bank is taking action in relation to the mortgage. The bank will respond that they are not able to pay the rates, will pay the rates owed or are taking action to repossess the property. The bank may contact you to discuss the debt owed and if it will pay the debt owed. If the bank does this, they will increase your mortgage by the amount it pays.

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