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credit control and debt collection policy 2008/2009 - Durban

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18.1.6 Discrepancies in respect of the above may result in delays in issuing of a clearancecertificate, <strong>and</strong> in addition may result in levying of additional backdated rates <strong>and</strong> / orpenalties <strong>and</strong> / or service charges.18.1.7 Any amounts paid shall be appropriated to the oldest <strong>debt</strong> first.18.2 Clearance Certificates18.2.1 Payment on the assessment must be made in cash or by bank guaranteed cheque.18.2.2 An Attorney’s Trust cheque may be accepted in lieu of cash payment.18.2.3 There18.1.6.2 shall be no refunds on the cancellation of a sale.18.2.4 The Certificate shall be valid for a period of 120 days from date of issue.17 LEGAL ACTION19.1 Legal steps may be taken to collect arrears where;19.1.1 disconnection action yielded no satisfactory result;19.1.2 disconnection action is not possible due to the nature of the services for which theaccount has been rendered; or19.1.3 the arrears are older than 90 days19.2 The Chief Financial Officer is authorized to write off bad <strong>debt</strong>s in accordance with theprovisions of Section 113 of Ordinance 25 of 1974 <strong>and</strong> on instructions of the ExecutiveCommittee.19.3 The Municipality will enforce any other rights or exercise any power conferred on it byany other legislation.19.4 The Municipality may, in terms of Section 28 of the Municipal Property Rating Act,recover arrear rates from tenants / managing agents in occupation of the relevant propertybut only to the extent of the rent payable or amount due by the tenant but not yet paid tothe owner of the property. This does not preclude further legal action against the owner.19.5 For residential properties occupied by owners, all reasonable steps shall be taken toensure that the ultimate sanction of judgment <strong>and</strong> sale-in-execution is avoided or taken as13

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