Terms & Conditions

Debt Recovery Direct Limited

Terms and Conditions

These terms and conditions apply to the provision of services provided by Debt Recovery Direct Limited and its associated concerns to the Client. Unless expressly agreed in writing by Debt Recovery Direct Limited they apply to the exclusion of all other written or verbal representations, statements, proposals or agreements.

'This Contract' means any contract incorporating these terms and conditions. 'Client' means any individual, firm, partnership, company or organisation or any other undertaking which orders or receives from D R Direct Limited or via its agents or associates any service.

'Conditions' means the terms and conditions set out in this document and any other special terms and conditions agreed in writing by the Client and D R Direct Limited.

Interpretation

1. These terms and conditions apply to the collection of outstanding debts by D R Direct Ltd (DRD) for client.

2. In these terms and conditions, DRD means D R Direct Ltd.

3. "Client" means any individual, Company, Partnership or Trader using the service provided by DRD. Use of information and Confidentiality

1. All information given by the Client to DRD will be treated as strictly private and confidential and will be subject to the regulations as outlined under the Data Protection Act.

2. All information provided by DRD under these terms and conditions shall be treated in confidence by the client and shall not other than by County Court Order be communicated, copied or otherwise divulged to any person or party whatsoever.

Liability

1. 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 DRD will be unable to verify in every case. DRD will accept no liability for any errors therein or omissions there from.

2. DRD will not be liable for any loss or damage whatsoever as a result of the Client's use of any report or information supplied by DRD.

Indemnity

1. DRD shall be indemnified by the Client for any actions taken by itself, the debtor or its agents, if such actions prejudice DRD's ability to collect. If such prejudice action occurs, DRD reserves the right to charge such commission that would be due as if the debt had been collected in full.

Payment

The fees payable by the Client shall be in accordance with D R Direct Limited's quoted rate from time to time for the service provided. The fees are exclusive of VAT which shall be due at the rate ruling at the date of Debt Recovery Direct Limited's invoice. However, fees for services where a fixed solicitors rate is set by the court shall not exceed that rate (inclusive of VAT).

Payment of the fee and VAT shall be charged at the time of satisfactory collection whether in part or full. If payment in full is not made on the due date interest shall accrue on the outstanding amount from the date payment becomes due from day to day until the payment is received at a rate of 4% above Barclays Bank Plc base rate from time to time in force and shall accrue at such a rate after as well as before any judgement.

Force Majeure

Debt Recovery Direct Limited shall not be liable for any default due to any act of God, war, strike, lock-out, industrial action, fire, flood, drought, tempest or other event beyond its reasonable control.

Debt Collection

1. DRD are authorised by and on behalf of the Client to collect payments in relation to the Clients debtor.

2. Accounts settled and any monies received via any source after intervention by DRD are subject to commission fees at the prevailing rate. These fees must be settled within 10 days from the date of payment receipt.

3. Once a case is passed to DRD and a part payment results in a balance outstanding, the case will remain with DRD until the full amount is cleared. Withdrawal of an account before DRD recommends closure, is subject to a commission charge equal to that of a full collection, unless an alternative rate is agreed with DRD before final action.

4. The client must recognise that whilst every effort is made by DRD to recover the outstanding balance, no guarantee is either expressed or implied that such money will be recovered.

5. The client must notify DRD immediately if there is any change in the amount due in respect of any account passed to DRD for collection.

6. If a case is recommended by DRD for litigation, no action will take place without the Clients approval, and only after all legal tariffs have been discussed and agreed upon by both DRD and the Client. It is the Clients responsibility to advise DRD where any payment is received directly from the debtor after legal action has been instigated. Failure to do so may make it difficult for the solicitor to recover any advance court costs that may have been made. DRD will not accept liability for any unnecessary costs, which might result.

7. It is accepted that the Client will be notified in advance of any additional costs resulting from legal action, or fees the Client is likely to incur whilst DRD carries out the Clients instructions.

8. The time DRD takes to perform any obligation under this contract shall not be the essence of the contract.

9. Where agreed in advance, DRD will accept settlement of the debt by instalments. The agreed upon fee will be taken from each instalment collected (i.e. 20% of each part payment).

Law of Contract

1. This contract shall be governed, construed 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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