1. Hereinafter Jeffrey Martin Painter trading as Abacus Collection will be known as the Agency, while the Instructing Entity utilising the service will be known as the Client.
2. Once the debt is submitted to the Agency by the Client by whatever means, electronically or otherwise the Agency is authorised to collect the money on behalf of the Client. This is a binding contract between the Agency and the Client, and the terms and conditions are to be complied with in all stages of the collection process.
3. While effort is made by the Agency to recover outstanding monies on behalf of the Client, no guarantee can be made that such money will be recovered.
4. The Agency shall be indemnified by the Client for any actions taken by itself, the debtor or its Agents after contracting the Agency to act on its behalf. If any actions prejudice the Agencys ability to collect by interfering with the collection process, the Agency reserves the right to charge such commissions that would be due as if the debt was collected in its entirety.
5. The Client must not make any communication with the debtor after the debt is passed onto the Agency as this is liable to prejudice the Agency;s ability to collect. If the debtor attempts to contact the Client, the Client must immediately revert the debtor directly to the Agency as their legal representatives in this matter, without discussing the matter at all with the debtor. Should the Client prejudice the Agency;s ability to collect, the Agency reserves the right to charge that commission which would normally be levied as if this had been a full successful collection.
6. Once the Agency has been instructed, all monies collected are subject to the rate relating thereto, whether the monies get paid directly to the Client or paid to the Agency, unless the Agency has terminated the instruction or advised the Client that it cannot recover the debt.
7. Commission will only be taken by the Agency as a percentage of the recovered amount and not as a percentage of the total debt submitted
8. The minimum commission charged on any monies which are collected is 20% of the total. e.g if the debt recovered is £500.00 and the commission rate is 20% the commission paid to the Agency will be £100.00.
9. The Agency will attempt to recover within a reasonable and timely manner, however, as each case is individual, the time for the Agency to perform any obligation under the Contract shall not be the essence of the Contract.
10. Payments, if collected in full, or as a full and final payment, will be remitted to the Client on or after the 20th of each month, following the month of collection of the debt providing the funds have cleared.
11. In the event of a payment plan being set up, the Agency may charge the Clients debtor an administration fee in order to monitor the payments made by the Clients debtor.The Agency reserves the right to accept settlement of debts by installments where necessary. The Agency by way of interest and additional charges payable by the clients customer will keep any additional monies collected.
12. Any additional services requested by the Client to the Agency is chargeable to the Client at an agreed rate e.g detailed client searches for assets and property. This could include for example a visit to the Clients debtors address to ascertain assets and or the debtors ability to pay.
13.GDPR- My ICO Registration no. is ZA298978. There are six lawful basis for processing data,no one is superior to another but at least one must apply to data held.The six are :- consent,contract,legal obligation,vital interests,public task and legitimate interest.
Clients - When instructed by a client I take address details and all contact details including Bank details for payments.These details are held in written physical form and are held for accounts purposes only. I do not supply any information to a third party and do not use the information for marketing purposes.
Debtors - By way of a contract being in force we have the right to contact you and act as an Agent to our Clients.We use information gained from credit agencies which provide information from Land Registry, the Electoral Role and other legitimate sources.We do not add any information to these records,we do not provide any information to our clients eg. change of address.No information concerning any of your details are passed to a third party.If Court Action is required the information concerning a County Court Judgement will become public information and could affect your credit rating.Letters sent to you are held electronically and hard copies form part of our Accounts for HMRC.
If we do sustain a data breach we are duty bound to inform the ICO as well as our affected customers.
In the event that you do not believe that I have contacted you correctly you may write to me to complain.If you are not happy with the explanation provided within 30 days you may complain to The Information Commissioner's Office quoting my registration reference above.
Limitations and Liabilities
1. All conditions, terms, representations relating to the services supplied under this agreement, whether imposed by Statute or operation of Law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded to the extent applicable, subject always to sub clause 2.
2. Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence.
3. Our total aggregate liability to you for any claim in Contract, Tort, Neglect or otherwise arising out of or in connection with the provision of the services shall be limited to the charges paid by you in respect of that part of the services which are the subject of any such claim.
4. In any event no claim shall be brought unless you have notified us of the claim within one month of it arising.
5. In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.
By agreeing to these terms and conditions your statutory rights are not affected.