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TERMS AND CONDITIONS
1. Here and after DEBT COLLECTORS SCOT LAND LTD. will be known as the agency, while the instructing entity utilising the service, will be known as the client.
2. This is a binding contract between the agency and the client, and the Terms and Conditions are to be complied with in all stages of collection.
3. That while every effort is made by the agency to recover outstanding monies no guarantee is either expressed or implied that such money will be recovered.
4. The agency shall be indemnified by the client for any actions taken by itself, the debtor or its agents, if such actions prejudice the agency's ability to collect. If such prejudice action occurs, the agency reserves the right to charge such commissions that would be due as if the debt had been collected in full.
5. Once the agency has been instructed and the debt has been recovered, all monies that are received by the client from whatever source are subject to commission at the rate relating thereto unless the agency has terminated the instruction.
6. The time for the agency to perform any obligation under the contract shall not be the essence of the contract.
7. The agency reserves the right to accept settlement of debts by instalments where necessary and where interim payments are received each payment is subject to charge at the stated commission rates.
8. Once the agency has been authorised to act on the client's behalf, you agree to allow us up to 6 months to make a collection, if we cannot collect after 6 months the debts can be passed back to the client if the client wishes or we can continue the collection process. If an instalment plan is in place then the agency must be allowed control of the debt until the instalment plan has been completed. If the debt is withdrawn by the client for whatever reason, prior to the agency recommending or agreeing to termination of action, or where due to lack of requested information from the client, the account has to be returned to the client, this is subject to charge at the stated commission rates.
9. Any additional service(s) requested by the client to any division or associate of the agency is chargeable to the client, at the agreed rates.
10. Foreign rates apply to Eire.
11. Where goods and services are subsequently returned to the client and/or the balance is written off by way of a credit the agency reserves the right to charge that commission which would normally be levied as if this had been a full successful collection.
12. All accounts are rendered for settlement within 7 days from the date of invoice. Unsettled accounts may be subject to a charge of 2% per month or part thereof until paid in full at the agency's discretion.
13. Where a cheque made payable and banked by the client due to the agency's collection procedures fails to clear through the bank and is invoiced, a credit will only be raised when notification in writing is given by the client to the agency within 7 days of the cheque being returned from the bank.
14. The agency is authorised to collect monies on behalf of its clients. Payment (if collected in Full as per the clients Instructions, or as a Full and Final Payment, as per the client's authorisation), will be remitted to the client at the end of the month, following the month of collection of the debt, providing the funds have cleared. All part payments, which require constant monitoring, are not normally paid to the client until the overall debt is paid in full, but interim payments may be made at the discretion of the Agency.
15. The client must not make any communication with the debtor(s) after debt(s) is passed on to DEBT COLLECTORS SCOT LAND LTD. If debtor(s) attempts to contact client, the client must immediately revert debtor(s) directly to DEBT COLLECTORS SCOT LAND LTD (their Legal Representatives in this matter) without discussing the matter at all. If this term is broken, this is liable to prejudice the agency's ability to collect, and commission will be due to DEBT COLLECTORS SCOT LAND LTD as if the debt was collected in its entirety.
16. The client must inform the agency of any payment received direct, or news regarding the debts immediately as they come in, so that the agency does not pursue the debtor unnecessarily. If the agency pursues a debt unnecessarily, the client will incur additional fees charged at our current hourly rate.
17. COMMISSION RATES - 5% For a collection in 7 days, 10 % for a collection inside 6 months, of a debt that is no less than 6 months old, for old debts, a commission will have to be agreed.
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