Terms & Conditions
These terms & conditions are to be construed in accordance with English law and any issues will be resolved under the jurisdiction of the English legal system
1. CCI UNDERTAKES TO: -
1.1. Approach all debtors promptly and courteously, by letter, electronic correspondence and telephone only
1.2. Use only approved forms of letters or requests for settlement.
1.3. Conform to our own Code of Conduct, that of the Credit Services Association and the OFT.
1.4. Notify the client in each case where we have not been successful.
1.5. Offer our clerical services to prepare court forms and activate the various court proceedings in the event that the client decides to invoke legal action against a debtor.
1.6. Offer confidential advice as to a debtors history of Defaults, Judgements and other financial obligations, if required.
1.7. Maintain strict confidentiality in relation to any information obtained in the course of our duties.
1.8. Submit regular reports of debts collected and maintain accurate records of all transactions.
1.9. Remit all monies collected during the month following the recovery.
1.10. Charge for successful recoveries only - except in the case of: -
A debt being Paid Before Action - see clause 12.
Costs incurred with express authority of the client, e.g. Tracing Agents, Solicitors fees, Court costs, etc.
1.11. After an account has been referred and CCI has proceeded to act upon that referral, all monies paid to the client are deemed to have been collected by CCI and will be charged for at the rates set out in this agreement.
1.12. Charge a fee in respect of accounts referred to CCI after the debt has been paid. The fee will be for work already undertaken in collecting monies purportedly owed. The rate for such services rendered will be the minimum charge of £10.00.
1.13. Issue legal proceedings only on the clients instructions.
1.14. Pursue each debt diligently until collection, Court Action or write off.
1.15. External Traces. In the event that a debtor absconds and CCI cannot identify a new address, we may need to instruct a trace agency. All agencies are on our approved panel, and we will always obtain your authority before a trace agent is appointed. There is an additional fee for this service.
1.16. Whilst every effort will be made to ensure that the full sum is collected, any shortfall that arises out of currency fluctuations will be the responsibility of the client and not CCI.
1.17. Any bank charges, which arise out of the transfer of funds, will be deducted from remitted funds or invoiced accordingly.
1.18. CCI will not be held responsible for any funds collected by our agents or held by banks or any other financial institutions that are not remitted for any reason.
1.19. Where applicable, under the late payment of Commercial Debts & Interest Act, late payment and interest charges will be added to the debt. In the event that these charges can be collected from the debtor those charges will be retained by CCI unless there is an agreement to the contrary.
2. THE CLIENT UNDERTAKES TO: -
2.1. Pay CCI for all agreed services rendered to the client at the rates set out in this agreement, irrespective of the method of payment (e.g. deductions from salary, contra payments, direct payments, etc)
2.2. Advise CCI immediately on receipt of payments effected direct and to indemnify CCI in respect of errors.
2.3. Provide full information, insofar as possible, to enable CCI to correctly identify, locate and contact the debtor, including all names, addresses and telephone numbers.
2.4. Indemnify CCI against all costs and costs of legal actions arising out of mistaken or erroneous information passed on, or information omitted to be passed on to CCI from the client in furtherance of the collection of a debt and acknowledge that CCI is not responsible for any negligent acts or omissions of third parties such as courts, solicitors or trace agents.
2.5. Advise CCI of all communication made/received between the debtor and themselves once an account has been referred to CCI for collection.
2.6. Pay for all authorised solicitors fees, court costs and any other disbursements, which might be incurred in furtherance of the collection process. Commission rates will remain payable once a case has been referred to CCIs litigation department and/or our panel of Solicitors.
2.7. Settle CCI invoices within seven days of the invoice date.
2.8. Allow CCI to deduct monies owed to CCI from any funds held by CCI in the event that any CCI invoice remains unpaid.
2.9. Reimburse CCI any funds which are remitted to the client but subsequently recalled by the debtors bank, credit card company or financial representatives.
2.10. Allow CCI to proceed with collection of an account where payment is imminent and the client has written off the debt.
2.11. To pay commission on an account where the debt has been settled by way of returned or seized goods. It will be assumed that those goods have a value of 50% of their face value and commission will be charged accordingly
2.12. Allow CCI to charge the full value of commission in the event that a case is withdrawn or cancelled prior to CCI exhausting all collection activities.
3. GENERAL: -
3.1. CCI assumes that the client is acting in good faith. If there is good reason to suppose that is not the case CCI reserves the right stop acting notwithstanding any other contractual clause.
3.2. CCI will not be held accountable for any uncollected debts.
3.3. CCI reserves the right to amend the agreement and any such amendment will be notified on CCIs website.
3.4. It is formally understood that all personal data passing between CCI and its clients is to be used for the purpose of debt collection only or purposes ancillary to that debt collection process. No communication must breach the principles of the Data Protection Acts. Any breaches or suspected breaches must be communicated to the other party and must be investigated in accordance with the principles contained within the relevant legislation.
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