Terms
& Conditions
Interpretation
These
terms and conditions apply to the collection of outstanding
debts by Asset Services Ltd for client.
“Client”
means any individual, Company Partnership or Trader using
the service provided by Asset Services Ltd.
Use of Information and Confidentiality
All information
given by the client to Asset Services Ltd will be treated
as private and confidential and will be subject to the regulations
as outlined under the Data Protection Act
All information
provided by Asset Services Ltd under these terms and conditions
will be treated in confidence by the client and shall not
be copied or otherwise divulged to any person or party whatsoever;
the only exception being than by County Court Order.
Liability
Reports
or information provided to the clients may, in whole or part,
represent expressions of advice or opinion based on data supplied
by third parties, the accuracy of which Asset Services Ltd
will be unable to verify in every case. Asset Services accept
no liability for any errors.
Asset
Services Ltd will not be liable for any loss or damage whatsoever
as a result of the Client’s use of any information supplied
by Asset Services Ltd.
Indemnity
Asset
Services Ltd shall be indemnified by the Client for any actions
taken by itself, the debtor or it’s agents, if such
actions prejudice Asset Service Ltd’s ability to collect.
If such prejudice action occurs, Asset Services Ltd reserves
the right to charge such commission that would be due as if
the debt had been collected in full.
Debt Collection
Asset
Services Ltd are authorised by and on behalf of the Client
to collect payments and issue receipts in relation to the
Client’s debtor and to deduct and retain fees owing
to Asset Services Ltd for services rendered. Payment of the
Client’s debtor. Payment of the recovered balance (less
the retained fee) will be issued to the client 10 days after
being banked, allowing ample time for the payment to clear.
Accounts
settled any monies received via any source after intervention
from Asset Services Ltd are subject to commission fees at
the prevailing rate. These fees must be settled within 10
days from the date of the payment receipt.
Once a
case is passed to Asset Services Ltd and a part payment results
in a balance outstanding, the case will remain with Asset
Services Ltd until the full debt is cleared. Withdrawal of
an account before Asset Services Ltd recommends closure, is
subject to a commission charge equal to that of full collection,
unless an alternative rate is agreed between Asset Services
Ltd and Client before final collection.
The client
must recognise that Asset Services Ltd do not express or imply
that they can guarantee collection of debt.
The client
must notify Asset Services Ltd immediately if there is a change
to the amount due of any debt passed to Asset Services Ltd
for collection.
If Asset
Services Ltd recommend a case for litigation, no action will
commence without the Client’s approval, and only after
all legal tariffs have been discussed and agreed by Asset
Services Ltd and the Client. It is the Client’s responsibility
to notify Asset Services Ltd if payment is received directly
form the debtor after legal action has been instigated. Failure
to do so may make it difficult to recover advance court costs
of which the client would be liable to pay.
The Client
will be notified in advance of any additional costs as a result
of legal action, or fees that the Client is likely to incur
if Asset Services Ltd carries out action as instructed.
Asset
Services Ltd cannot stipulate any time constraints on actions
taken and this will not form part of any contract.
Where
agreed in advance, Asset Services Ltd will accept settlement
of a debt in instalments. The pre-agreed fee will be taken
as a percentage of each payment.
Law of Contract
This contract
shall be governed, constructed and enforced in accordance
with English Law, which shall be the proper law of this agreement.
Both parties hereby submit to the non-exclusive jurisdiction
of the English Courts.
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