Terms of Business

1. Debtcollectors/debtcollectors.co.uk is a trading name of Capital Corporations (UK) Limited “the Agency”) whose registered office is Suite 3, 5 Liberty Square, West Malling, Kent, ME19 4AU.
2. The Agreement constitutes the entire Agreement between the parties.  Each party warrants to the other that it has not relied on any representation, arrangement, understanding or agreement (whether written or oral) not expressly set forth or referred to in this Agreement.
3. These terms and conditions apply in respect of each and every set of instructions received by the Agency from their client ("the Client") in respect of the collection of a debt from a particular third party ("the Debtor").
4. Monies recovered will be paid to the Client within 7 days of cleared funds or cash having been received or being deemed to have been received by the Agency subject to the provisions of these Terms and Conditions. Fourteen days will be allowed from the banking of a cheque before cleared funds.
5. All Instructions received from the Client are to be delivered in writing (email instructions preferred). Such instructions may take the form of a letter or be sent by facsimile transmission or be sent by email or by any other agreed electronic means to the Agency. Instructions may at the sole discretion of the Agency be accepted by the Agency over the telephone in case of urgency but no responsibility will be accepted by the Agency for faults, mistakes or misunderstandings arising from those instructions. All instructions must be confirmed in writing by the Client as soon as possible. The Client is solely responsible for the fullness and accuracy of the instructions.
6. Advertising literature or correspondence shall be deemed to be a variation of these Terms and Conditions. In the event of there being any inconsistency between these Terms and Conditions and any other document produced by the Agency these Terms and Conditions shall prevail.
7. The Agency shall be entitled to receive fees calculated in accordance with any schedule or fee structure or service rate chart provided by the Agency to the Client. If the Terms and Conditions entered into between the Debtor and the Client allow, the Agency will recover their collection fees directly from the Debtor.
8. If a debt is paid directly to the Client in whole or in part or if the Client accepts goods or services in lieu of the debt after the Agency has accepted instructions the Client: -
   1. Shall inform the Agency immediately and confirm the position in writing to prevent the Agency incurring any further costs or fees on the Client's behalf;
   2. Shall be responsible for all costs and fees incurred by the Agency until it receives such notification;
   3. Shall be responsible in any event for the Agency\'s fees calculated in accordance with paragraph 2
9. All Agency fees charges and other costs and expenses incurred on the 'Client's' behalf are exclusive of VAT which shall be payable at the prevailing rate from time to time in force.
10. The Agency shall be entitled to deduct from all sums received on behalf of the Client by the Agency or its agents the agreed commission fee.  The remaining balance will be dispatched to the Client at the earliest opportunity in accordance with these Terms and Conditions together with a statement showing the total amount received and giving full details of all deductions. In the circumstances of termination by the Client before an individual instruction has reached natural conclusion the Agency shall be entitled to submit charges to the Client for the commission sum that would be due upon full recovery and successful conclusion of the instruction.
11. All Court and warrant fees are to be paid by the Client in advance of the same being incurred by the Agency. Such fees in the absence of agreement to the contrary shall be paid by the Client to the Agency upon demand. The Agency may at its sole discretion offer to issue proceedings on behalf of the client so as to ensure that no delays are experienced when issuing proceedings. The Client agrees that any such outlays will be reimbursed to the Agency by return.  No disbursements will be incurred without the Client’s written authority.
12. The Agency shall, with the written or verbal consent of the Client, instruct Solicitors on behalf of the Client whenever the Agency considers it necessary or desirable to do so. It will liaise with the Solicitors on the Client\'s behalf. The Client may be required to provide a letter authorising the Solicitor to represent the Client.
13. All monies recovered on behalf of the Client will be paid into a separate bank account namely the Agencies Clients or Number Two bank account. Any bank charges levied against the agency i.e. bank charges arising from dishonoured cheques or any bank charges arising out of foreign currency transactions may be chargeable by the Agency to the client.   Further, if a Debtor pays a debt by credit or debit card and the funds are transferred to the Client, the Client agrees that if the Debtor then makes a ‘chargeback’ request which obliges the Agency to refund the payment to the Merchant Provider, the Client will reimburse the Agency within 5 working days.
14. This Agreement shall be governed by the Laws of England to the exclusive jurisdiction of whose Courts the parties hereby submit.