Terms & Conditions

(We or Us) are Cornwall Bailiffs to the person buying the services (you).

You are

Deemed to have accepted these Terms and Conditions when you accept our quotation or from the date of instruction for any performance of the Services (whichever happens earlier) and these Terms and Conditions and our quotation (the Contract) is the entire agreement between us.

You acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf. These Conditions apply to the Contract to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice, or course of dealing.

Interpretation

A “business day” means any day other than a Saturday, Sunday, or bank holiday.

The headings in these Terms and Conditions are for convenience only and do not affect their interpretation.

Words imparting the singular number shall include the plural and vice-versa.

Services

We warrant that we will use reasonable care and skill in our performance of the Services which will comply with the quotation, including any specification in all material respects. We can make any changes to the Services which are necessary to comply with any applicable law or safety requirement, and we will notify you if this is necessary.

We will use our reasonable endeavours to complete the performance of the Services within the time agreed or as set out in the quotation; however, time shall not be of the essence in the performance of our obligations.

All of these Terms and Conditions apply to the supply of any goods as well as Services unless we specify otherwise.

Your Obligations

You must obtain any permissions, consents, licenses, or otherwise that we need and must provide any and all relevant information, materials, properties, and any other matters which we need to provide the Services. You certify that any such information provided is to the best of your knowledge and belief accurate and truthful.

You understand that if you do not comply with this clause, we can terminate the Services and no refund of payments or deposits will be made.

Fees and Deposit

Payment by you for any of the enforcement and other services offered by www.Cornwallbailiffs.co.uk is deemed acceptance by you that you have read and understood our terms and conditions and that you fully understand and accept them. When Cornwall Bailiffs are instructed by a Limited Company or LLP, the directors/partners of that company shall be deemed to have accepted personal liability for all fees costs and charges due and payable arising from that instruction.  Where you instruct Cornwall Bailiffs prior to payment, receipt of your instruction is deemed acceptance by you that you have read and understood our terms and conditions and that you fully understand and accept them. Your continuing instructions will amount to your acceptance of these terms & conditions.

The fees (Fees) for the Services, which may be set out in a quotation or as per the Tribunals, Courts & Enforcement Act 2007, and are on a time and materials basis. For debt recovery cases undertaken outside of the Tribunals Courts & Enforcement Act 2007, the agreed commission will be deducted from any amounts collected before remittance to the creditor.

In addition to the Fees, we can recover from you our reasonable expenses, including, but not limited to, disbursement costs, such as a) the cost of services provided by third parties and required by us for the performance of the Services, and b) the cost of any materials required for the provision of the Services.

You agree to pay us for any additional services provided that are not specified in the quotation in accordance with our applicable hourly rate in effect at the time of performance or such other rate as may be agreed between us.

The Fees may be subject to any applicable VAT and other taxes or levies imposed or charged by any competent authority.

For new clients, you must pay for the service required when requested, as detailed in the quotation or invoice within 24 hours or before any Services are undertaken.

If you do not pay for the service according to the clause above, we can either withhold provision of the Services until the payment is received or terminate our services under the clause below (Termination).

The payment is non-refundable unless we fail to provide the Services and are at fault for such failure (where the failure is not our fault, no refund will be made).

Cancellation and amendment

We can withdraw, cancel or amend a quotation if it has not been accepted by you, or if the Services have not started, within a period of 1 day from the date of the quotation, (unless the quotation has been withdrawn).

We may refuse to accept your instructions or cease our services to you at our absolute discretion.

Either we or you can cancel an order/ instruction for any reason prior to your acceptance (or rejection) of the quotation. We will invoice you for payment of the Fees where permissible.

Where cancelation takes place after Cornwall Bailiffs has been fully instructed by the client, and in any event 24 hours or less prior to action being carried out we reserve the right to invoice the client the Letter and/or attendance cost and/or any payment made on account for losses due from Enforcement/Debt Recovery Agent instruction and administration.

If you wish to amend any details of the services you require you must inform us in writing as soon as possible. In any event no less than 24 hours to any action being carried out by us in relation to that service. We will use reasonable endeavours to make any required changes and should additional costs be incurred as a result of these changes, such costs will be included in the Fees and invoiced to you.

If due to circumstances beyond our control, including those set out in the clause below (Circumstances beyond a party’s control), we have to make any change in the Services or how they are provided, we will notify you immediately. We will use reasonable endeavours to keep any such changes to a minimum.

Payment

We will invoice you for payment of the Fees where permissible either:

When we have completed the Services, or on the invoice dates which may be set out. Funds on account may be required to be paid prior to the commencement of action on some instructions.

Where commission fees are recoverable from the debtor and the instruction is withdrawn by the client, the balance is greatly reduced, or negotiations between debtor and client take place, Cornwall Bailiffs reserve the right to invoice the instructing client for the commissionable element based on the original debt value.

If the instructing client accepts any payment from the debtor, including or less the commissionable fees, Cornwall Bailiffs reserves the right to invoice the instructing client for the commissionable element based on the original debt value.

You must pay the Fees due within 30 days of the date of our invoice or otherwise in accordance with any credit terms agreed between us.

Payment can only be accepted in the following methods; BACS, CHAPS, Cash. Under no circumstances are Cheques acceptable.

Time for payment shall be of the essence of the Contract.

Without limiting any other right or remedy we have for statutory interest, if you do not pay within the period set out above, we will charge you interest at the rate of 8% per annum above the base lending rate of the Bank of England from time to time on the amount outstanding until payment is received in full.

All payments due under these Terms and Conditions must be made in full without any deduction or withholding except as required by law and neither party can assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.

Clients who pay outside of the agreed dates will be required to pay compensation and penalty interest. The Late Payment of Commercial Debt (Interest) Act (1988) was amended in 2002 to include fixed penalties in addition to interest. For debt of less than £1000 the penalty is £40, rising to £70 for debts up to £9,999.99 and £100 above that. Interest is payable at 8 percent over Bank of England base rate. The penalties and interest now apply to all businesses regardless of size. We reserve the right to apply charges where necessary once late default on invoice occurs.

If you do not pay within the period set out above, we can suspend any further provision of the Services and cancel any future services which have been ordered by, or otherwise arranged with, you. We further reserve the right to take any debt recovery action as be necessary. Where the client is a limited company or Limited Liability Partnership, the directors or partners shall be jointly and severally liable for costs, fees and charges due and payable to Cornwall Bailiff Services as a result of their instructions being actioned.

Receipts for payment will be issued by us only at your request.

All payments must be made in Pounds sterling unless otherwise agreed in writing.

Sub-Contracting and assignment

We can at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of our rights under these Terms and Conditions and can subcontract or delegate in any manner any or all of our obligations to any third party.

You must not, without our prior written consent, assign, transfer, charge, subcontract, or deal in any other manner with all or any of your rights or obligations under these Terms and Conditions.

Termination

We reserve the right to terminate the provision of the Services immediately if you:

commit a material breach of your obligations under these Terms and Conditions; or fail to make pay any amount due under the Contract on the due date for payment; or are or become or, in our reasonable opinion, are about to become, the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtor; or enter into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with its creditors; or convene any meeting of your creditors, enter into voluntary or compulsory liquidation, have a receiver, manager, administrator or administrative receiver appointed in respect of your assets or undertakings or any part of them, any documents are filed with the court for the appointment of an administrator in respect of you, a notice of intention to appoint an administrator is given by you or any of your directors or by a qualifying floating charge holder (as defined in para. 14 of Schedule B1 of the Insolvency Act 1986), a resolution is passed or petition presented to any court for your winding-up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency.

We reserve the right to use all lawful measures to recoup any unpaid fees or costs, including but not limited to court proceedings.

Intellectual Property

All copyright and any other intellectual property rights which may subsist in any goods supplied in connection with the provision of the Services are reserved. The right to take any appropriate action to restrain or prevent the infringement of such intellectual property rights is similarly reserved.

Liability and Indemnity

Our liability under these Terms and Conditions, and in breach of statutory duty, and in tort or misrepresentation or otherwise, shall be limited as set out in this clause.

The total amount of our liability is limited to the total amount of Fees payable by you under the contracted service.

Cornwall Bailiffs their agents or employees will not be held liable (whether caused by our employees, agents or otherwise) in connection with our provision of the Services or the performance of any of our other obligations under these Terms and Conditions or the quotation for:

Any direct or indirect, special or consequential loss, damage, costs, or expenses or; any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third party claims; or any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; or any losses caused directly or indirectly by any failure or your breach in relation to your obligations; or any losses arising directly or indirectly from the choice of Services and how they will meet your requirements or your use of the Services or any goods supplied in connection with the Services.

You agree to indemnify Cornwall Bailiffs their agents or employees against all damages, costs, claims, and expenses suffered by us arising from any loss or damage to any equipment (including that belonging to third parties) caused directly or through act or omission by you, your agents or employees.

Nothing in these Terms and Conditions shall limit or exclude our liability for death or personal injury caused by our negligence, or for any fraudulent misrepresentation, or for any other matters for which it would be unlawful to exclude or limit liability.

Circumstances beyond a party’s control

Neither party to these Terms and Conditions are liable for any failure or delay in performing our obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question. If the delay continues for a period of 90 days, either party may terminate or cancel the Services to be carried out under these Terms and Conditions.

Communications

All notices under these Terms and Conditions must be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party). We do not consent to the service of proceedings or other associated correspondence by any other means.

By submitting instruction forms online you accept that by appending your name you are signing this document electronically and agree that this constitutes the legal equivalent of your manual signature (referred to as your “E-Signature”), acceptance, and agreement as if actually signed by you in writing. You also represent that you are authorised to provide these instructions on behalf of the client and will be bound by the terms of this Agreement.

Notices shall be deemed to have been duly given:

when delivered, if delivered by courier or another messenger (including registered mail) during the normal business hours of the recipient;

when sent, if transmitted by fax or email and a successful transmission report or return receipt is generated;

on the second business day following mailing, if mailed by national ordinary mail; or on the tenth business day following mailing, if mailed by airmail.

All notices under these Terms and Conditions must be addressed to the most recent address, email address or fax number notified to the other party.

No Waiver

No delay, act, or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy nor stop further exercise of any other right, or remedy. If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions will be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).

Law and Jurisdiction

These Terms and Conditions are governed by and interpreted according to English law. All disputes arising under these Terms and Conditions are subject to the exclusive jurisdiction of the English courts.

These Terms and Conditions apply to the provision of the services detailed in our quotation (Services) by Cornwall Bailiffs and Cornwall Bailiff Services as a trading style of Cornwall Collections and Recoveries Limited, registration number 16520565, and whose registered office is at Fortress House, 301 High Street Benfleet, SS7 5HA .  High Court enforcement services are provided through writs issued in the name of an authorised High Court Enforcement Officer.

Disclaimer

With effect from 24 February 2023 Cornwall Bailiffs, Cornwall Bailiff Services/CBS ceased as trading styles of and to be part of Lackfords Group Ltd / Lackfords Ltd. All enquiries regarding cases and instructions prior to that date are to be made to www.info@lackfords.co.uk.

Further, Cornwall Bailiffs Ltd and Cornwall Bailiff Services Ltd/CBS are not now, or at any time, been part of or linked with Debtshelf or Debtshelf Ltd, company number 13205192. All enquiries regarding this company are to be made to www.info@lackfords.co.uk.

Cornwall Bailiffs, Cornwall Bailiff Services/CBS  are trading styles of Cornwall Collections and Recoveries Limited, registration number 16520565, registered office 301 High Street, Benfleet, SS7 5HA.

Law and Jurisdiction

 

These Terms and Conditions are governed by and interpreted according to English law. All disputes arising under these Terms and Conditions are subject to the exclusive jurisdiction of the English courts.

Payment by you for any of the services offered by www.jamesb612.sg-host.com. now or in the past is deemed acceptance by you that you have read and understood our terms and conditions and that you fully understand and accept them. Alternatively where you instruct www.jamesb612.sg-host.com. prior to payment, receipt of your instruction is deemed acceptance by you that you have read and understood our terms and conditions and that you fully understood and accept them. Your continuing instructions will amount to your acceptance of these terms & conditions.

Tenant Eviction – Step 1, Serve a Notice

We will prepare and serve either a section 8 notice or a section 21 notice or both or a notice to Quit on your tenant.

We recommend that any outstanding repairs of which you have knowledge are dealt with prior to the service of notice as soon as possible in order to reduce the tenant’s chance of submitting a successful defence and/or counterclaim should the matter progress to Step 2 of the eviction process. If you are relying on section 8 rent arrears grounds you should ensure that the arrears of rent you are claiming are genuine and fully accounted for. Errors regarding rent arrears can lead to disputes which can lead to a defence being filed by your tenant. A defence will invariably lead to any subsequent court possession hearing being adjourned thus leading to delays and extra legal fees being incurred by you for which you will remain liable.

We will prepare notices only on the information that you provide us with and there is an assumption by us that all factual information which you provide us with is correct. We do not carry out an advisory review of your papers unless you specifically request us to do so. We will simply prepare whichever notice you have specifically requested us to do so and it will be prepared strictly on the basis of the information which you have provided us with. Cornwall Bailiffs will not be held liable should the notice be deemed invalid by any reason of reliance on incorrect information provided by you. In the event that your claim becomes defended our fixed fee service will no longer apply.

Service is by first class post and first class recorded delivery. If you require service by personal hand delivery a process server fee will be applicable.

Tenant Eviction– Step 2, Court Proceedings

We will instruct our Lawyers to prepare all the necessary court papers in order to commence the property possession claim in the county court strictly in accordance with your instructions. Therefore, if you instruct us to commence an action based on a section 8 notice we shall do so. If you instruct us to commence an action based on a section 21 notice we shall do so. The Step 2 service does not include advice in relation to which notice you should proceed under. If you instruct us to commence an action under a section 8 notice there is an assumption by us that all factual information which you provide us with is correct also with regard to any other notice you may or may not have already served. Likewise if you instruct us in relation to a section 21 notice. If you need advice in relation to which notice is the most appropriate upon your specific matter facts then an extra fee will be payable in respect of that advice. Our lawyers will simply prepare whichever notice you have specifically requested us to do so and it will be prepared strictly on the basis of the information which you have provided us with. Cornwall Bailiffs will not be held liable should a notice or proceedings be deemed invalid by any reason of reliance on incorrect information provided by you. In the event that your claim becomes defended our fixed fee service will no longer apply. will liaise with the court and deal with all the court papers. We will arrange to prepare all necessary witness statements, additional fees may apply and we will make arrangements for representation the first hearing on your behalf.

Provided the court agrees that the landlord has grounds for possession the landlord will in most cases be entitled to a 14 day order for possession unless the judge takes the view that the tenant’s circumstances are such that possession should be delayed. Possession, if established on a mandatory ground, cannot be delayed for more than 42 days unless the ground for possession is discretionary. Unless we are seeking possession on an expired Section 21 Notice in isolation through either the traditional or accelerated procedure you should obtain an order for a fixed contribution towards your legal costs up to a maximum of £276.75.

Regardless of the possession order we are seeking, any contribution awarded by the court is unlikely to match the total you have expended. Our Step 2 fixed fee is limited to one court attendance. Should the court adjourn the hearing for whatever reason and require subsequent attendances, a further fee will be required from you. Depending on the location of the court, a travel disbursement may be added to the fixed fee. Our fixed fee services are not an advisory service. Instructions received from you are taken on the strict understanding that you are satisfied that all paper work that you submit to us with your instruction is checked by you and we will not accept responsibility or liability if a process fails on account of defective documentation and or information submitted by you. We recommend that any outstanding repairs of which you have knowledge are dealt with prior to the service of notice as soon as possible in order to reduce the tenant’s chance of submitting a successful defence and/or counterclaim should the matter progress to step 2 of the eviction process. If you are relying on rent arrears grounds, you should ensure that the arrears of rent you are claiming are genuine and fully accounted for. Errors concerning rent arrears can lead to disputes, which can lead to a defence being filed by your tenant. A defence will invariably lead to any subsequent court possession hearing being adjourned, thus leading to delays and extra legal fees being incurred by you for which you will remain liable. In the event that a tenant defends the action or the matter is adjourned for whatever reason, please see our section ‘Defended claims’.

By instructing Cornwallbailiffs.co.uk, you hereby agree and consent to them acting for the purpose of instructing other lawyers if necessary on your behalf and liaising with them in respect of all matters relating to your case. You hereby agree, consent and authorise lawyers to liaise, pass, share, and divulge with Cornwallbailiffs.co.uk. All information, correspondence and evidence in relation to your case. You hereby authorise Cornwallbailiffs.co.uk. to authorise lawyers to take instructions from Cornwallbailiffs.co.uk. on your behalf in relation to all aspects of your claim. You may be charged separately by other lawyers. Your continuing instructions will amount to your acceptance of these terms & conditions.

Fixed fee Accelerated Procedure

On your behalf we will prepare all the necessary court papers in order to commence the property possession claim in the county court strictly in accordance with your instructions we will liaise with the court and ensure that all the court formalities and any further court paperwork is dealt with. The accelerated procedure is only applicable to section 21 notices and cannot/does not include a claim for any outstanding rent arrears. Generally the accelerated procedure takes between 7 – 10 weeks, however depending on which court has jurisdiction the process can in some cases take longer. The accelerated procedure generally does not require a hearing. The court will ordinarily decide the case in private and without the need for a hearing. If for whatever reason and in the rare event that the court requires the necessity for a hearing we will require a further payment to attend the hearing. In the alternative the landlord can attend the hearing in person and we will have no further involvement with your claim. In the event that the claim becomes defended please see our terms and conditions for defended claims below.

Rent arrears claim

Before considering pursuing a claim for rent arrears, Cornwallbailiffs.co.uk. will need to see the original or a true copy of the tenancy agreement and/or our solicitors reserves the right to claim all legal costs from the tenant, these maybe be significantly higher than our fixed fee charge for this service.

Payment of fees

We do not accept payments in cash in any form from anyone or organisation. We accept payment by bank transfer. Your continuing instructions will amount to your acceptance of these terms & conditions.  Client will remain liable for the work and or fees which we have paid or carried out. No refunds are eligible for any cancellations made by clients after 72 hours of payment.

TDS Tenant Deposit Scheme

It is the responsibility of all clients to ensure they have complied with the TDS. All clients are reminded that section 21 notices will be deemed invalid should the client not comply with the TDS before serving eviction notices. It is not our responsibility but the client’s responsibility to ensure they have complied with the requirements of the TDS.

Eviction from premises

Once possession has been granted by the court, and in the event that the tenant does not vacate the premises in accordance with the order, you agree that Cornwallbailiffs.co.uk and their agents are to apply for, arrange, attend and oversee the eviction of the tenant by means of a County Court Warrant or High Court Writ . You will be charged an extra fee for this service.

Cancellation of instruction

We will endeavour to commence your instructions within 72 hours of receipt of your instructions. You have a right to cancel your instruction within 7 days of instructing us. However, if work has already commenced on your case your right to cancel will end and you will remain liable for all costs to date. To cancel your instruction please email info@cornwallbailiffs.co.uk. at the contact details found on the ‘contact us’ page of this website.

Our Complaints Procedure

We are committed to providing you with a quality service. We ensure that our procedure is consistently followed by all of our employee’s and we are consistently looking to improve the quality of our service. If however, you have any queries or concerns about our work then it is important for you to raise them immediately in writing by E-mail or call and in the first instance with the member of staff involved.

Do not wait until the completion of a matter to raise a problem which occurred at a much earlier stage. If that does not resolve the problem or you would prefer to speak to someone else then please make this clear. Following receipt of a written complaint, we will endeavour to respond to it in writing within 28 days of receipt. We will attempt to resolve problems and or complaints in-house. It is therefore important that if at any time you feel that quality is not being maintained please raise it the moment you feel that an issue has arisen. If you have a complaint about any aspect of our services or the way in which they are being delivered to you, you must raise it the moment it arises. To continue to instruct us after you later rely on a complaint which should have been raised earlier, it will be taken as evidence that a genuine complaint has not arisen.

If you raise a complaint at the end of a matter which should have been raised much earlier and you continue to instruct us putting us to expense in terms of both time and disbursements after the date the complaint should have been raised, you will remain liable for our costs in their entirety. We value your instructions and would not wish you to think that you have reason to be unhappy with us.

Contractual obligation

All services provided by www.cornwallbailiffs.co.uk on this website and requested by an individual or organisation will only form a binding agreement upon confirmation by your written instruction. Such confirmation will take the form of an E-mail, SMS and WhatsApp or postal correspondence. That you understand that your continued instructions in any matter which we act on your behalf will amount to your full acceptance of these terms and conditions of business and that you fully understand that you may not be able to recover the full legal costs but nevertheless wish to instruct us to proceed in your required service and agree to compensate Cornwallbailiffs.co.uk. against any liabilities incurred by them in acting for you.

General

The information conveyed on the www.cornwallbailiffs.co.uk website is intended to convey general information only. The contents of the website are not aimed at any person, individual or organisation specifically and nothing contained within it constitutes an offer to contract we reserve the right to cancel, withdraw or change its services at any time. If you terminate your instructions or we stop acting for you with good reason, you will still have to pay our charges and expenses up to the date that we cease acting, including costs for removing our name our solicitors name from the court record if court proceedings are involved and transferring our files to you or another advisor Cornwallbailiffs.co.uk do not purport to be solicitors, however, Court proceedings are prepared and submitted by a panel solicitor regulated by the Solicitor’s Regulation Authority.

 

Debt Recovery Outside of Taking Control of Goods Regulations: General Terms

 

1. The following Terms & Conditions are the only Terms & Conditions, which Cornwall Recoveries and Collections Ltd (hereinafter called ‘The Company’) contracts with the party whose name and address appear on the written instructions (hereinafter called ‘the client’). By instructing the company, the client agrees to be bound by these terms and conditions.

The Client hereby instructs the company to pursue debt(s) by whatever means within legal means it deems necessary, including visits to the debtor’s address as supplied by the client or at the address which the company has traced. 2. The Terms and Conditions will not be varied.

The Service

 

3. In consideration of:-

3.1 Upon payment of the contract fee of £600 or as agreed in writing by the company and subject to the terms and conditions herein, the company, its servants or agents, shall provide a debt recovery service for the period of 120 days, but not exceeding one year, or

3.2 The payment of the fee as stated and subject to the terms and conditions of the company its servants or agents shall provide a recovery service in relation to the individual debt as described and fully detailed within the recovery demand completed by the client, if there is more than one debtor on a completed recovery demand then this will be marked as a multiple case contract internally. At its sole discretion, the company can refuse to accept instructions from the client.

4. The service provided shall commence immediately upon receipt of the contract fee as cleared funds.
5. For the purpose of this contract not being a yearly service, we shall undertake your debt for 120 days. If by this time there have been no collections, we will, at our sole discretion, have the right to extend the contract at no further cost to the client.
6. The company is under no obligation to provide interim written reports. We will provide updates on the case where an update is required to be given and when there is news to give.
7. The company expressly excludes liability whatsoever arising for any delay in the provision of service where:-

7.1 The full and precise details of the debt and any other information pertaining to the debt have not been and/or are not able to be provided to its servants or agents by the client, whether expressly requested or otherwise:- or

7.2 Documents and/or letters issued are delayed and/or destroyed in circumstances beyond the control of the company, its servants, or agents:- or

7.3 The individual or company named as debtors in bankruptcy, liquidation or receivership, or any insolvency proceedings as defined by and/or pursuant to the Insolvency Act 1986, or any amendments to the act or subsequent act of parliament, are reasonably believed to be immediately pending.

7.4 The Company has to pause operations due to a natural disaster, such as COVID-19

8. The Company shall be under no further obligation to the client in respect of any debt placed for recovery with the company and pursuant to this agreement, where:-

8.1 The debt has been paid to the company and account made to the client, its servants or agents, pursuant to the terms and conditions hereunder:-

8.2 The debt has previously been or is subject to court proceedings, and/or commencement of the litigation process has been made pursuant to such proceedings:- or

8.3 The service to be provided by the company, its servants or agents has been exhausted., or

8.4 The client, its servants, has failed to respond to reasonable requests and/or correspondence from the company, its servants or agents; or

8.5 The debtor is / or becomes subject to the actions described under clause 7.3; or

8.6 In the opinion of the company its servants or agents there exists no reasonable prospect of discharging the civil burden of proof within the courts of England and Wales, or Scotland. For this reason, the debt is deemed such that there is no reasonable prospect of recovery, or the expiry of the term of this agreement. Termination of the agreement by the company shall be at its sole discretion.

8.7 Expressly exclude any liability for the set of and/or counterclaim arising from any action and/or proceedings to recover the contracting parties’ debt

9. The company expressly exclude any liability for any cost arising, incurred or awarded as a result of the attempts of the company to recover the debt owed to the contracting party.
10. Should circumstances negate, or the debtor’s whereabouts prove insuperable, or in the event of the debtor not being, for legal reasons, able to underwrite the debt a written report outlining events in relation to the above will be issued to the client if so the client requests, and will conclude this contract, the company will not be held responsible/liable for such events.
11. You may terminate this agreement at any time, the only cost therefore would be the contract fee that has been charged at the outset of this contract and any commissions due as per this agreement, as per sections 11.1 and 14

11.1 Terminating the agreement when collections have been made from the debtor either to the company or to the client directly during the contract will result in the full commission as per section 14 becoming due immediately. This includes any extension of the contract as per section 5

 

Litigation

 

12. From time to time, the Company may, in the pursuit of debt, recommend formal legal proceedings to be taken. In such circumstances, the company would offer to the client an introduction to our recommended lawyers, or if expressly instructed by our client, we would liaise with other solicitors on behalf of our client.

12.1 Should the client (or the company on the client’s behalf) provide our recommended lawyers with instructions to act upon their behalf, all costs, fees, disbursements and other associated costs will be subject to agreement between the clients and our recommended lawyers. The company are not authorised to agree, vary or negotiate costs levied by our recommended lawyers upon the client during the course of their conduct if any matter referred. The company does not accept liability or responsibility in connection with the conduct of our company solicitors in respect of the client’s instructions. Such fees agreed are to be paid to the company.

12.2 Any monies recovered or secured upon the clients behalf from the date of provision of instruction by the client (or the company on the clients behalf) to our recommended lawyers will be subject to a commission charge by the company at a rate equal to the rate agreed between the company and the client at the time of first instruction, or any subsequent written rate variation as notified by the company to the client. The client agrees that our recommended lawyers will account to the company in respect of any monies recovered.

12.3 If we are instructed by our clients for any legal work outside of this contract, then this will be outsourced to our recommended lawyers and charged according to the terms above.

 

Receipts & Payments

 

13. The Company shall under no circumstances become a party to any agreement howsoever made, reached or created between the client, its servants or agents, and any debtor / or third party, its servants or agents.
14. Once instructed by the client, the Company shall charge a commission charge with a rate set at 20% of all monies recovered unless specifically agreed by the Company in writing.
15. The client, its servants or agents hereby agrees to provide to the company, its servants or agents, at its registered office address written notice of receipt of monies pursuant to debts placed with the company for collection and subject to the terms and conditions here under and received directly by the contracting party, its servants or agents, with seven days of receipt of such monies being received.
16. The contracting party hereby agrees to pay the company costs, interest and agreed commission and V.A.T. thereon, at a rate set by parliament from time to time prevailing on monies received by the contracting party.
17. Any sums paid to the client directly from the date of our being instructed will be deemed a collection and therefore our commission charge will be charged and will be immediately payable.
18. The company reserve the absolute right and discretion to place funds into accounts, as it thinks fit for the purpose of holding such monies where the client consents to a debtor’s request to discharge sums due by way of an instalment arrangement, fees and/or commission charges due to the company will also be charged up to the aggregate value of the total instalments agreed in accordance with the current rates agreed between the client and the company and all such charges, will be subject to V.A.T. Payment will become due from the client upon receipt of the first instalment from the debtor.
19. Where a debtor defaults upon an agreed instalment, the company will endeavour to recover the balance of the sums due. In the event of which, the client will not be entitled to any refund of commissions or fees, whether the company are successful in securing the balance of monies due or not.

 

Agreement

 

20. English Law shall govern the construction, performance and validity of these terms and conditions and of any contract between the company and the client. The company and the client shall submit to the jurisdiction of the English Courts, as the company shall in its sole discretion direct.
21. The company will not discuss any part of your agreement with any third party and therefore, this contract is bound as a Non-Disclosure Agreement (NDA). The NDA will remain in place and will not be removed even at the conclusion of this contract. Both parties agree that no part of this agreement is to be discussed with any other party. No part of this contract is to be discussed within the public domain either during or after the contract has expired, this includes online forums, within social media and online review sites without the express permission of The Company under The General Data Protection Regulation (GDPR). Any breaches of this NDA will result in immediate injunctive relief with an immediate significant cost order.
22. We will not undertake cases relating to debt under a credit consumer agreement.