The Client agrees to refer outstanding Customer debts to CCI for collection and recovery, subject to the terms and conditions set out in this Agreement.
Upon being signed by or on behalf of the Client, or upon the Client’s submission of its first or subsequent referral, this Agreement constitutes an offer which is accepted by the Client and becomes a binding contract between the Parties on the terms, stipulations and conditions set out herewith.
This Agreement constitutes the entire agreement of the Parties relating to the subject matter addressed herewith and supercedes all prior communications, representations, contracts, or agreements between the parties with respect to the subject matter addressed in this Agreement, whether oral or written.
Except at CCI’s express written direction no other document or representation shall be deemed to form part or in any way modify this Agreement.
If any provision of this Agreement is, for whichever reason, deemed invalid and / or unenforceable all other provisions shall remain valid and enforceable to the fullest extent permitted by law. The Parties agree to replace any such invalid / unenforceable provision with one which is valid / enforceable which most closely maintains the intent and effect of the replaced provision.
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 Customers promptly and courteously, by letter, electronic correspondence, telephone and Client authorised site visit.
1.2. Use only approved forms of letters or requests for settlement.
1.3. Conform to CCI’s own Code of Conduct, that of the Credit Services Association and the Financial Conduct Authority.
1.4. Notify the Client in each case where CCI has not been successful.
1.5. Offer confidential advice concerning a Customer’s history of Defaults, Judgments and other financial obligations, if required.
1.6. Maintain strict confidentiality in relation to any information obtained in the course of its duties.
1.7. Submit regular reports of debts collected and maintain accurate records of all transactions.
1.8. Remit all monies collected during the month following the recovery.
1.9. Charge for successful recoveries only – except in the case of: –
(a) A debt being “Paid Before Action” – in accordance with clause 1.10.
(b) Costs incurred with express authority of the Client in accordance with Section 3, including but not limited to Tracing Agents, Solicitors fees, Court and legal costs.
1.10. Charge a fee in respect of accounts referred to CCI where the debt has been paid prior to referral or cancelled for any reason, to include exemption (Paid Before Action). The fee will be for work already undertaken in collecting monies purportedly owed. The fee for such services rendered will be equivalent to 25% of the assigned commission.
1.11. Pursue each debt diligently until collection, Court Action or write off.
1.12. Add late payment, interest and debt recovery charges to debts where applicable, under the Late Payment of Commercial Debts (Interest) Act 1998 and the New European Late Payment Directive 2013, unless specifically excluded by the Client. In the event that these charges can be collected from the Customer they will be retained by CCI in the absence of a written agreement to the contrary.
2. The Client Agrees 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.
2.2. In order that CCI fulfils its obligations to comply with UK debt collections regulations, it is imperative that the client provides full, prompt and accurate balance information as soon as there has been any alteration to the original balance or at CCI’s request. Supporting documentation may also be required.
2.3. Provide full information, insofar as possible, to enable CCI to correctly identify, locate and contact the Customer, including but not limited to all names, addresses, telephone numbers and email addresses.
2.4. Indemnify CCI against all costs, inclusive of those costs for 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.
2.5. Advise CCI of all relevant communication made / received between the Customer and themselves once an account has been referred to CCI for collection.
2.6. Settle CCI invoices within thirty days of the invoice date.
2.7. Allow CCI to deduct monies owed to CCI from any funds held by CCI in the event that any CCI invoice remains unpaid, including the deduction of recovery fees plus VAT due on any transaction from funds collected.
2.8. Reimburse CCI any funds which are remitted to the Client but subsequently recalled by the Customer’s bank, credit card company or financial representatives. In such cases, the debt recovery fee will not be due.
2.9. Allow CCI to proceed with collection of an account where payment is imminent or the Client has written off the debt.
2.10. Pay commission on an account where the debt has been settled by way of returned or seized goods. Those goods shall have a value of 50% of their face value and commission will be charged accordingly.
2.11. Accept that after an account has been referred to CCI and CCI has proceeded to act upon that referral, all monies paid by the Customer to the Client are deemed to have been collected by CCI and Commissions are charged on the total value of the sums recovered at the rates set out in this Agreement.
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.
2.13. Accept that CCI will not be held liable or responsible for the acts, omissions or faults of any and all third parties, including but not limited to agents, Courts, solicitors or trace agents, in the collection of Client funds.
2.14. Accept that any bank charges, which arise out of the transfer of funds, will be deducted from remitted funds or invoiced by CCI accordingly.
2.15. Accept that whilst CCI will make every effort 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.
3. Litigation & Additional Fees:-
3.1. CCI shall offer its 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 Customer.
3.2. Legal proceedings will only be instigated by CCI on the Client’s written instructions, at which point an administration fee is payable.
3.3.The Client shall in turn, as a result of its authority provided in accordance with clause 3.2. pay for all administration and solicitors fees, Court / Legal costs and any other disbursements, incurred in furtherance of the collection process and legal action. Commission rates will remain payable once a case has been referred to CCI’s litigation department and / or our panel of Solicitors.
3.4. External Traces. In the event that a Customer absconds and a new address cannot be identified, CCI may need to instruct a trace agency from its approved panel, upon the Client’s authority to do so. The cost for this service will be: £27.50 for a positive result and £0.00 if the result is negative (UK only).
4. General Terms:-
4.1. The Parties irrevocably agree that this Agreement shall be construed and governed in accordance with the laws of England and Wales. Furthermore, the Courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter or formation.
4.2. CCI reserves the right to amend the Agreement and any such amendment will not affect agreements which by that time are already concluded between CCI and the Client. Any amendments to the Agreement concluded between CCI and the Client shall be made in writing, requiring the signature of both parties. This requirement may not be waived by verbal declaration.
4.3. 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.
4.4. CCI will not be held accountable for any uncollected debts either in part or in full.
4.5. It is formally understood that all personal data passing between CCI and the Client 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.
4.6. This Agreement and its terms and conditions within remain the property of CCI. Except to the extent necessary to comply with any applicable policies relating to the public disclosure of confidential information, the Client will not make public, disclose or use for purposes other than for the purposes of this Agreement the terms and conditions within this Agreement, unless CCI gives its written approval.
4.7. All fees quoted are subject to VAT where applicable.