1. These Terms and Conditions represent the entire binding agreement between the instructing party (Client) and the debt collector, Anthill Ltd t/a Anthill Debt Collectors (Company).
2. The parties agree that no variation of any of these terms will be valid unless agreed in writing by both parties.
3. Once a request has been made by the Client for the Company to attempt collection of a debt, and the Company has acknowledged this request,the parties will be bound by these Terms & Conditions as of the date and time of the Client submitting a debt to the Company.
4. The Company will make every effort to collect any monies due to the Client but does not guarantee that it will be successful either partially or fully. The Company will be at liberty at any time to cease to pursue any debt for whatever reason, in it’s absolute discretion.
5. The Client agrees that once a debt has been submitted to the Company, a commission of 15%is payable to the Company on any monies recovered from a debtor to the benefit of the Client. This is irrespective of whether payment is made directly to the Client, their agents or representatives or to the Company.It is also payable irrespective of the claimed or stated reason for payment, be it because the debtor had intended to pay in any event, or pressure brought to bear directly by the Client or from others, for example. The commission is also payable in the event that the Client proceeds with legal or other action (see below) and whether or not solicitors or other legal or non legal representation is required or utilised which results in payment being made by the debtor, whether via the courts or by way of arbitration or mediation of any sort.
6. The Client should not submit any original documentation to the Company unless strictly necessary, as the Company takes no liability for any damage or loss to any such documents.
7. Once the Company has been authorised to act on the Client’s behalf, if the debt is withdrawn by the Client prior to the Agency recommending termination of action, either because the Client wishes to pursue other methods of enforcement or any other reason, payment of the stated commission rates on the full amount of the debt will be payable unless the Company is clearly not pursuing the debt. A delay in collecting a debt does not on it’s own, constitute a valid reason to terminate an instruction, due to the nature of debt collection.
8. In the event that the Client agrees to credit a debtor or accept goods or services in place of a debt, the above rate of Commission becomes payable to the Company on the higher of the value of goods or services, or the value of the debt originally placed with the Company.
9. In the event that a debt submitted to the Company being subsequently discovered not to be due, an abortive fee of up to the full commission is payable, dependent on the amount of time and work that the Company has expended on the collection.
10. The Client agrees not to contact or negotiate with the debtor once a debt has been passed to the Company. If such action causes a reduction in the amount collectable, the Company reserves the right to charge such commissions that would have been due had the debt been collected in its entirety.
11. The Client must inform the Company within 7 days if the debtor receives any payments from a debtor.
12. If at any time, it becomes known that a payment was received by the Client and not reported to the Company in a timely manner, in an attempt to deny the Company it’s rightful commission payment, the Company will be entitled to double the rates of commission chargeable.
13. All payments received by the Company in payment of any debt, will be notified and passed on to the Client, minus it’s commission charges, within 7 days after payments have cleared in the Company’s accounts.
14. Where it is necessary to collect debts in amounts of less than £100 per week, the Company reserves the right to only pass on the payments to the Client once every 3 or 6 months, depending on the amounts recovered. Additionally a further 5% commission may be charged for such debts should the installments be very small.
15. The Client authorises the Company to accept full and final settlements on their behalf, should the Company believe that the Debtor’s offer represents a reasonable settlement figure which is in the Client’s best interest to accept.
16. Should a matter, in the Company’s view, require and/or warrant legal action or action by a third party, in order to progress a collection, the Company will make such suggestion to the Client, who will not be required to acquiesce to such action due to the costs involved, and may terminate the Company’s services at that point without charge (subject to paying any commissions due for collections made to date) subject to the Client not pursuing the debt on it’s own in line with the recommendations put forward by the Company.
17. Should the Client agree to legal action being initiated, the Client will be required to fund any out of pocket disbursements, to include but not limited to, court fees. The Company will never incur any expenses on behalf of the Client without informing the Client of these expenses in advance, and the Client will be at liberty not to proceed with any matter if they so wish.
18. Should the Company further recommend that a solicitor or other legal or non legal representation be engaged either to advise or help generally or to represent the Client, the Client will be at liberty to decline such a recommendation, and continue to represent themselves. In any event, should a recovery be achieved by whichever means, with or without any third party involvement, the Company will be entitled to it’s commission on all payments received by the Clients.
19. At the conclusion of any matter, the Company will not be required to retain any documentation relating to the matter. Should the Client wish to receive the documentation, this will be forwarded at the Client’s expense, as long as this request is made within 3 months of the conclusion of the matter, and payment of the Company’s invoices have been settled in full, after which time the Company will be at liberty to destroy all records in it’s possession.
20. All invoices from the Company to the Client are payable within 7 days. Any queries must be notified to the Company in writing within 7 days, failing which the invoice will be deemed to be accepted by the Client as being correctly due.
21. In the event of the Client’s non payment of a Company’s invoice within 7 days from the date of invoice, the Client will be liable to pay interest at a rate of 2.5% per month or part thereof until paid in full.
22. Should the Client being a Ltd company not settle it’s debts, the Company will be at liberty to invoice the individual who submitted the debt on behalf of the company, who will be held personally liable for any debts not paid by the Client.
23. Should the Company decide in it’s absolute discretion that legal action is required to recover fees from the Client, the Client will be liable to pay an additional £750.00,irrespective of the value of the unpaid invoice, in addition to any interest and legal fees payable.The Client will also be liable for all legal and court costs on an indemnity basis.
24. The Company will be at liberty to retain all documents it holds in relation to any debt that the Company has dealt with for the Client, including non related debts, until full payment has been made by the Client.
25. The Company shall not be liable under any circumstances in anyway whatsoever whether in contract, tort, negligence, misrepresentation or otherwise for consequential or other loss however caused which may arise out of or in connection with the supply of debt collection services. In any event, the total aggregate liability arising out of or in connection with the provision of these Services shall be limited to the charges paid by the Client in respect of that part of the Services which are the subject of any such claim.
26. The Company shall not be liable for any loss of liability arising directly or indirectly out of its acts or omissions or those of its agents or arising by reason of any delay in collection of debts, in accounting to the Client for sums received, or for any loss or loss of profits arising out of or related to the recovery of debts or for any consequential loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever on the part of the Company or any third party.