Debt Recovery Terms Of Business
1. For the purpose of this contract Direct Collection Bailiffs Ltd shall be referred to as the company, and the client, whose name and address appears overleaf, shall be referred to as the client.
2. The company shall use its best endeavours to pursue and collect overdue or bad debts for a period not exceeding one hundred and twenty days. After one hundred and twenty days, the company shall report its findings in writing to the client. Should it be deemed by mutual consent of the parties to this contract necessary to pursue any debt or debts beyond the above mentioned one hundred and twenty day period. The company would undertake to pursue said debt or debts for no further charges to the client.
3. The company shall act for and on behalf of the client’s written instructions as agents and representatives of the client.
4. All monies collected by the company shall be paid to the client and shall be subject to a commission payment to the company by the client as outlined overleaf plus VAT. Should no collection be made no commission will be charged. Collection shall be deemed to have applied where monies have been transferred from debtor direct to the client as a result of the companies involvement, in which case the appropriate commission charges shall apply.
5. Once a debt has been issued to the company any monies received by the client including monies received by the client direct from the debtor/s or goods returned in lieu from whatever source will be deemed a collection as a result of direct action by the company and payment from the client to the company will be due to be paid in full within 14 days of receipt as stated in para 4.
6. Both parties agree that no legal proceedings on settlements shall be entered into by the company on behalf of the client without first obtaining the clients permission to do so in writing and then only upon receipt of the appropriate legal fees.
7. The client shall have, at all times, the right to terminate this contract subject with the condition that all administration fees are not refundable and that there should no entitlement to the client to make the demand upon the company to refund any administration fee whether in whole or part.
8. The client shall pay to the company an administration fee in respect of this agreement, as specified overleaf.
9. The company shall not be expected to provide written progress reports to the client or agents of the client within the 120 day period of the contract verbal reports can be provided by contacting the companies offices and quoting the unique client reference number.
10.The Company will not be held responsible/liable for debtor’s whereabouts proving insuperable, or in the event of the debtor not being, for legal reasons, able to underwrite the debt.
11. The Company hereby undertakes to observe confidentially at all times.
12. The Company agrees to comply with current legislation relating to data protection in relation to personal data received from the Client in the course of providing a service.
13. The Company will act as a processor within the meaning given in Article 4 of the General Data Protection Regulation.
14. The Client warrants that any transfer of personal data made to the Company is lawful.
15. Personal data will include names, contact details and financial information relating to the Client’s debtors. Processing under these Terms will involve the storage of these data in the Company’s systems, their use in preparing casework, and their transfer to those involved in the procedure of recovering a debt, for identification of, travel to and contact with the Client’s Debtors. Processing will continue for as long as the service is being carried out, and data will be retained in accordance with the Company’s established data retention policy.
16. The Client grants the Company general written authority to appoint additional processors as may be necessary for the purpose of processing determined by the controller, provided that they are subject to the same terms as the Company (below).
17. The Company agrees to the following obligations and restrictions in relation to the processing of personal data transferred to it by the Client
a. the Company will not determine the purpose or means of processing;
b. the Company will process personal data only on documented instructions of the Client;
c. the Company commits to maintaining the confidentiality of the personal data;
d. the Company takes appropriate technical and organisational measures to ensure a level of security of personal data appropriate to the risk of varying likelihood and severity for the rights and freedoms of natural persons;
e. the Company will assist the Client in the fulfilment of any obligation to which they are subject, in relation to requests for exercising data subjects’ rights;
f. the Company will delete or return all personal data to the Client when processing ceases, unless any legal obligation requires otherwise; and
g. the Company will make available to the Client all information necessary to demonstrate compliance with data protection law and allows for and contributes to audits, including inspections, conducted by the data controller or another auditor as they may mandate.
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