Terms and Conditions
These terms outline the rules and conditions for using our website and services.
TERMS & CONDITIONS OF BUSINESS
All services provide by us are subject to the Terms & Conditions detailed below. We have developed these to be as fair as possible to both ourselves and our clients and these are the only terms under which we shall provide our services to you. Please ensure that you understand and accept these terms and conditions before you complete our application form.
1. DEFINTIONS & GENERAL
In these conditions:
‘We’, ‘us’, ‘our’ means Commercial Enforcements Limited
‘You’, ‘your’, ‘client’ means the person or organisation engaging our services.
2. FORMATION OF CONTRACT
2.1 You will need to provide us with as much information on the undisputed amount of the debt and the debtor(s) details as soon possible in order for us to secure a successful recovery of the debt and to allow us to provide you with an accurate estimate of any additional costs of our services. This information will include any contract, letter of authority or order signed by the Debtor as well as all invoices in support of the debt claimed. You also confirm that the information you supply to us is accurate in all respects.
2.2. By signing the Letter of Engagement, you certify that we and our appointed Solicitors are fully authorised to act on your behalf in respect of the recovery of the debt and you shall provide us and our appointed Solicitors with an indemnity in respect of any claim made by the Debtor or third party against us or our appointed Solicitors in respect of the recovery of the debt.
2.3. You also confirm that no other enforcement action, agency or Solicitor has been given instructions to recover the debt on your behalf.
2.4. You also confirm that any agreement we or our appointed Solicitors reach with the Debtor in respect of the recovery of the debt is legally binding on you. Neither we nor our appointed Solicitors will reach any agreement with the Debtor without first contacting you.
2.5 All verbal estimates for our services will be subject to these Terms and Conditions and must be confirmed by you when you sign a formal letter of engagement before any work is undertaken by us. Please note that you are not to rely upon any representations made in respect of our services which are not confirmed in writing as part of the agreement between us.
2.6 Any estimate provided by us shall only remain valid for 1 week due to the fluid nature of the services we provide.
We reserve the right to increase the amount of our fees quoted in any estimate or in the Letter of Engagement where for example after submission of the estimate:
You instruct us to carry out additional works not previously referred to.
Further information is disclosed that in our sole opinion changes the nature of the services we initially quoted on.
Where the information initially disclosed to us by you proves to be inaccurate.
Please note that these are only limited examples of circumstances in which our fees may need to be revised.
2.7. If you cancel our services prior to work commencing, you shall be liable for any expenses incurred by us up to the date of cancellation.
2.8. Please note that we do not guarantee the recovery of the debt, but we shall use our best endeavours to recover as much of the debt as we can as quickly as we can.
3. OUR FEES
3.1 Our fees vary for each engagement by you and will be based on the estimate we have provided subject to these terms and conditions. Please refer to the actual fee for your individual contract or subscription quoted in the Letter of Engagement which forms part of our contract with you.
3.2 Our fees are quoted net of value added tax and will be subject to value added tax and all other taxes, levies, duties and charges of a similar nature where applicable.
3.3 Our fees will include all costs and expenses incurred by us and you will not be liable to pay any further costs or expenses other than those detailed in paragraph 4 below.
4. COSTS & EXPENSES
4.1 Most of our costs and expenses will be covered within the fee or subscription agreed for the service. However, there will be additional expenses that may arise in the recovery of your debt that you will be responsible for where the Debtor is reluctant to make payment voluntarily. Non-exhaustive examples of these additional costs and expenses may include the legal costs of our appointed Solicitor and court fees for the issue of a Statutory Demand, Winding Up or Bankruptcy Petition, Court Summons, court attendances and court enforcement action.
Please note that none of these costs or expenses will be incurred without prior notification to you and you will have to meet these costs and expenses before your matter can proceed.
4.2. You will also be required to meet any costs and expenses where you cancel the service before we have recovered our fees. Once we are instructed, if the client makes a payment in full to your account or enters an arrangement privately, you will be invoiced for one of the following.
Debts under £3000.00 will incur a 15% revoke fee
Debt over £3000.00 will incur a flat fee of £500.00
5. PAYMENT
5.1 Our fees will become due immediately the debt, or part thereof is either recovered from the Debtor by us or through payment or negotiation directly with yourselves or our appointed Solicitors instructed to act on your behalf, or where the debt is recovered through legal action. Our fees will also become due on the taking or giving of any security for the debt, such as a Charging Order on the Debtor’s property.
5.2 Our fees are payable in full without deduction, set off or counterclaim from, or against the same, except as required by law.
5.3 Payment of the recovered debt (less our fee) will be sent to you no more than 10 days after being banked by us, allowing ample time for the payment to clear.
If the Debtor pays you directly, we shall raise an invoice for the agreed fee to be settled within 14 days of the invoice date. You must inform us of the receipt of any funds from the Debtor within 48 hours of such receipt.
5.4. Any debt settled after we have been engaged will be subject to full payment of our fees, costs and expenses unless otherwise agreed by us or set out in terms 4.2 of these terms and conditions.
5.4 Should payment of our fees be delayed for a period of 7 days after recovery, we reserve the right to charge interest at the rate of 8% per annum above the base rate of the Bank of England from the date our fees became due, together with our full recovery costs.
6. FORCE MAJEURE
6.1 If our ability to perform our obligations is limited, delayed or prevented in whole or in part by any cause not reasonably within our control, including without limitation, war, hostilities, riots, civil commotion, strike, flood, accident or by any law, rule, regulation, order or other action of any public authority, transportation delays, we shall be excused, discharged and released without penalty from performance of the Contract to the extent that such performance is so limited, delayed or prevented. If we have performed part of the services we shall be entitled to recover our fees costs and expense and those of our appointed Solicitor as outlined in paragraph 2.4 above.
7. TERMINATION
7.1. We reserve the right to terminate the agreement with you where:
a) any of the circumstance in clause 2.3 apply
b) where we in our sole opinion believe that we have made reasonable efforts to recover the debt but believe that further action will not produce results.
7.2 You can give written notice to us at any time to terminate this agreement.
7.3 Either party can terminate this agreement where:
a) either party becomes bankrupt or insolvent or enter into any arrangement or composition with their creditors.
b) either party has been found guilty of any misconduct or criminal or other offence causing or likely to cause the other’s reputation to be brought into disrepute.
On termination for whatever reason, you will be responsible for all fees, costs expenses and costs incurred to the date of termination and accruing as a result of the termination and shall forthwith pay those fees, expenses and costs due to us or to our appointed Solicitor, as appropriate.
8. NOTICE
8.1 Any notice hereunder shall be in writing and shall be effectively given if delivered or sent to the office of the addressee normally used for communications relating to the Agreement or last known to the sender.
9. LIMITATION OF LIABILITY
9.1. We cannot be held responsible for the accuracy of any report supplied to you as a result of our investigations or the debt recovery process and do not accept liability for any los suffered as a result of your reliance upon any information supplied to you.
9.2. Any loss that we are held liable for by a court of law shall be limited to a maximum amount of £5,000 in respect of any one or more incidents whether related or otherwise.
10. RELEVANT LAW
10.1 Should any of these Terms or Conditions be void or voidable the remaining Terms and Conditions shall remain in force and bind us both.
10.2 These Terms and Conditions shall be interpreted in accordance with English Laws and subject to the jurisdiction of the Courts of England.