Terms and Conditions
1. Appointment and Authority
Money Claim Collections Group Limited, a company registered in England and Wales under number 15568066, provides debt recovery services and related assistance and is referred to in this agreement as “the Provider”. The party instructing the Provider is referred to as “the Client”. The Client confirms that it is owed or due monies for the supply of goods and/or services to a third party, referred to as “the Debtor”, and that full, accurate and complete disclosure of all relevant information concerning the Debt has been provided to the Provider. By entering into this agreement, the Client appoints the Provider to act on its behalf in the recovery of the Debt and authorises the Debtor, and any third party acting for the Debtor, to make payment of the Debt or any part of it, including interest and lawful additions, directly to the Provider or as the Provider may direct. The Client agrees that the Provider shall be entitled to a commission of twenty per cent of all sums recovered, plus VAT, unless a different rate has been expressly agreed in writing.
2. Duties of the Provider
The Provider accepts the Client’s instruction to act on its behalf and undertakes to use reasonable endeavours to recover the Debt. The Provider may, at its discretion and where necessary or advisable, instruct an independent firm of solicitors or legal representatives to act in relation to the Debt. In such circumstances, the Provider shall be the client of the solicitors and shall act as agent for the Client. The Provider will keep the Client informed of progress at reasonable intervals and will notify the Client within seven days of any sums recovered. The Provider will account to the Client for recovered funds within twenty‑eight days of those funds clearing the Provider’s bank account, after deducting all sums properly due to the Provider under this agreement. The Provider shall not be liable to pay interest to the Client on any recovered monies unless expressly agreed in writing.
3. Duties of the Client
The Client undertakes to provide the Provider with all relevant information, documents and assistance reasonably required for the recovery of the Debt, including any details relating to the goods or services supplied, the circumstances of the Debt and any communications with the Debtor. The Client must promptly disclose any grounds upon which the Debtor may dispute liability, defend proceedings or bring a counterclaim. The Client agrees to sign all documents reasonably required for the commencement or continuation of legal proceedings and irrevocably authorises any solicitors instructed by the Provider to pay all recovered monies directly to the Provider. The Client shall pay the Provider’s commission, any agreed fees, any court fees or disbursements required before legal action is commenced and any costs associated with instructing agents to attend court. The Client authorises the Provider and any instructed solicitors to deduct all commission, fees and costs from any sums recovered before accounting to the Client. The Client must notify the Provider within two working days of any payment received directly from the Debtor, and commission shall apply to such payments as if they had been received by the Provider.
4. Warranties and Indemnity
The Client warrants that the Debt is valid, due and enforceable; that all information provided to the Provider is complete, accurate and not misleading; that no material facts have been withheld; and that the Client has full legal right and authority to instruct the Provider. The Client shall fully indemnify and hold harmless the Provider and any solicitors instructed by the Provider against all losses, liabilities, damages, penalties, costs, expenses or claims arising from any misrepresentation, inaccuracy or omission relating to the Debt; any dispute arising from the Client’s breach of warranty; any counterclaim brought by the Debtor or any third party; and any enforcement action rendered defective due to inaccurate or incomplete information supplied by the Client. This indemnity shall survive termination of this agreement and shall remain enforceable notwithstanding any recovery or non‑recovery of the Debt.
5. Duration and Termination
This agreement shall remain in force until the Debt, including interest and costs, has been fully recovered and all sums due to the Provider have been paid; or until any legal proceedings issued in the Client’s name become defended and all sums due to the Provider have been paid; or until the Provider gives written notice of termination; or until the Client dies, becomes bankrupt or, if a company, is dissolved or liquidated; or until the Provider commits a material breach and fails to remedy it within fourteen days of written notice. If the Client breaches this agreement, fails to comply with its obligations, appoints a third party to act in relation to the Debt or cancels or withdraws its instruction after commencement, the Client shall immediately pay to the Provider liquidated damages equal to seventy‑five per cent of the commission that would have been payable had the Debt been recovered in full, plus VAT. The Client acknowledges that this sum represents a genuine pre‑estimate of the Provider’s loss arising from such breach.
6. Insolvency of the Client
If the Client is a company and enters insolvency, administration, liquidation or any similar process, the director or directors who authorised the instruction shall be personally liable for all commission, fees, disbursements and sums owed to the Provider.
7. Non‑Regulated Status of the Provider
The Client acknowledges that the Provider does not undertake, provide or hold itself out as providing any regulated activity within the meaning of the Legal Services Act 2007. Any work requiring regulation or authorisation under that Act shall be carried out only by independent solicitors or authorised persons instructed for that purpose. The Provider’s role is limited to debt‑recovery functions and administrative support.
8. Legal Representation and Legal Action
If legal representation or formal legal action becomes necessary at any stage, the Client acknowledges and agrees that any legal fees, solicitor fees, counsel fees, court fees, enforcement fees or associated disbursements shall not be deemed pre‑agreed under this agreement. Instead, such fees shall be agreed between the Provider and the Client at the time they become necessary, and no legal proceedings shall be commenced until such fees have been expressly agreed. The Client further agrees that no delay in agreeing such fees shall be attributable to the Provider and that the Provider shall not be liable for any limitation issues, procedural deadlines or enforcement delays arising from the Client’s failure to agree such fees promptly.
9. Force Majeure
Neither party shall be liable for any delay or failure to perform its obligations under this agreement where such delay or failure results from events, circumstances or causes beyond its reasonable control, including but not limited to acts of God, flood, drought, earthquake or other natural disaster, epidemic or pandemic, terrorist attack, civil commotion, war, armed conflict, industrial action, interruption or failure of utility services or any law or action taken by a government or public authority. In such circumstances, the affected party shall notify the other as soon as reasonably practicable and shall use reasonable endeavours to mitigate the effects of the event. The performance of obligations shall resume as soon as the event ceases to prevent performance.
10. Severability
If any provision or part‑provision of this agreement is or becomes invalid, unlawful or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, lawful and enforceable. If such modification is not possible, the relevant provision or part‑provision shall be deemed deleted. Any such deletion or modification shall not affect the validity and enforceability of the remainder of this agreement.
11. Entire Agreement and Governing Law
This agreement constitutes the entire agreement between the parties and supersedes all prior discussions, representations or understandings. No variation shall be effective unless made in writing and signed by both parties. This agreement is governed by the laws of England and Wales and the parties submit to the exclusive jurisdiction of the English courts.