The Recovery Process for a One-Off Residential Claim

3 Jun, 2021

The Recovery Process for a One-Off Residential Claim.

For an owner to have the best chance of successfully recovering monies owed to them, the agent should obtain a tribunal order in the relevant state. This tribunal order gives the owner a legally enforceable debt, whereas, without the order, all the owner has is an overdue invoice. 

The traditional debt collection model says that the debt collector will only charge you X% (which could be 10, 15, 20, 30+% of the debt), but only if they recover the money. 

What they don’t tell you is that there can be numerous other fees along the way, for example after a couple of phone calls they may tell you that they have to carry out a field call or refer it to their legal team or their lawyers.

In most cases, the debt collection agency is an offshoot of the legal firm or they have some other sort of association with a legal firm. From this point, you’ll need to strap in, because the legal costs now start to soar. 

Our process is different from the traditional debt collection model. 

The model we have developed is a result of over 35 years of experience in dealing in the area of residential and commercial tenancies, acting for some 5,000 real estate agents Australia wide. 

With the Barclay MIS model, the owner has the knowledge and safety of having all enforcement costs covered by a list fee, which is payable at the start of the action. With Barclay MIS, all enforcement litigation action is handled in-house, which means that the owner has a capped cost and is not subject to additional ongoing lawyers’ costs or court costs. The list fee covers the owner for all enforcement/litigation costs that may be involved. 

Once Barclay MIS receive the tribunal order, we convert this to a general jurisdiction judgement for example a magistrate’s court judgement. This judgement will appear on the ex-tenant’s credit file for the next 3 years, meaning that should they apply for any form of credit, the judgement will appear on the credit providers search and will have a detrimental effect on their application. 

Furthermore, the ex-tenant’s details will be listed on the Barclay MIS defaulting tenant’s database. This allows agents Australia wide to carry out our free of charge searches when somebody is applying for a new tenancy. This not only informs agents of the persons past default history but also gives Barclay MIS new information to pursue the ex-tenant.

On recovery of the monies claimed, we retain a recovery commission of 22% of monies collected. Both the list fee and the recovery commission are tax-deductible to the owner.

You May Also Like…

Contact Barclay MIS

Get in touch with the Barclay MIS team.

T: 1300 883 916
F: 1300 883 917

For over 35 years, Barclay MIS has been innovative in the field of debt recovery. We offer a range of products and services that utilises cutting edge technology that securely recover debt in accordance with legislation.

Copyright © 1985 - 2024 BARCLAY MIS. All Rights Reserved. ABN 79 096 963 692

Except as permitted by the copyright law applicable to you, you may not reproduce or communicate any of the content on this website, including files downloadable from this website, without the permission of the copyright owner.

Barclay MIS Protect & Collect Pty Ltd supports and encourages the dissemination and exchange of the information. However, copyright protects material on this website.

Although we have no objection to this material being reproduced, we assert the right to be recognised as author of our original material and to have our material remain unaltered.

Enquiries regarding the reproduction of our material may be directed to or telephone 1300 883 916.

Copyright of Barclay MIS Protect & Collect Pty Ltd’s materials resides with Barclay MIS Protect and Collect Pty Ltd. Apart from any fair dealings for the purposes of private study, research, criticism, or review as permitted under the Copyright Act 1968, no part may be reproduced or re-used for any commercial or other purpose without written permission from our department.