DEBT RECOVERY TERMS AND CONDITIONS
THIS AGREEMENT is made the ______________ day of ________________ 20__
BETWEEN:
(1) //NAME OF COMPANY// LIMITED (Company) whose registered office is at ________________________________; and
(2) THE CLIENT whose name and address is set out in the Schedule to this
Agreement
RECITALS:
(A) COMPANY operate the business of providing debt recovery services;
(B) The Client is owed money (“the Debt”) for the supply of goods or services to certain persons or companies (“the Debtor”) and has provided full details of the Debt and the Debtor to COMPANY;
(C) The Client wishes to instruct COMPANY to recover the Debt and COMPANY has agreed to act on behalf of the Client to recover the Debt from the Debtor on the terms and conditions of this Agreement
NOW IT IS AGREED as follows:
1. OBLIGATIONS OF COMPANY
1.1 COMPANY hereby accepts the Client’s instructions to act on the Client’s behalf
in the recovery of the Debt from the Debtor
1.2 COMPANY will use all reasonable endeavors to recover the Debt on behalf of
the Client and will, if and when necessary in the discretion of COMPANY, instruct
a firm of Solicitors to act on behalf of the Client in this respect
1.3 COMPANY will keep the Client informed on a regular basis of its progress in
recovering the Debt and will inform the Client within 7 days of any and all
sums recovered by COMPANY or the Solicitors from the Debtor
2. OBLIGATIONS OF THE CLIENT
2.1 The Client will provide COMPANY with full information and copies of all relevant
documentation (such as agreements, invoices, statement of account etc)
regarding the Debtor, the Debt and any goods and/or services provided by
the Client to the Debtor and will provide such reasonable assistance and
further information and instructions as COMPANY or the Solicitors instructed in
accordance with Clause 1.2 may require to recover the Debt
2.2 The Client will advise COMPANY of any grounds known to the Client which the
Debtor has advised or may have for defending any legal proceedings
which may be brought for the recovery of the Debt or for bringing any
counter-claim against the Client
2.3 The Client will, if necessary, confirm his instructions to the Solicitors in
writing and will authorize the Solicitors to issue legal proceedings for the
recovery of the Debt from the Debtor in the Client’s name and sign any
Claim Form or Particulars Company of Claim or other documents which the
Solicitors may advise are required to be signed by the Client in order to
issue or pursue any such legal proceedings
2.4 The Client will irrevocably authorize and direct the Solicitors, for the
duration of the Agreement, to pay all money recovered from the Debtor to
COMPANY
2.5 The Client will pay the following fees to COMPANY for acting on its behalf in the
recovery of a Debt which is not defended in Court proceedings:
3. DURATION AND TERMINATION
This Agreement shall remain in effect until:
3.1 The whole amount of the Debt (with all interest thereon) has been paid by
or recovered from the Debtor and all fees and such sums due to COMPANY
have been paid; or
3.2 Any legal proceedings issued in the name of the Client for recovery of the
Debt have become defended and all fees and
such sums due to COMPANY up to that date have been paid; or
3.3 COMPANY shall give written notice to the Client to terminate this Agreement; or
3.4 The Client shall due, be declared bankrupt or (in the case of a company)
be dissolved or put into liquidation; or
3.5 COMPANY shall commit a material breach of this Agreement and shall fail to
remedy any such breach within 14 days of the Client giving COMPANY written
notice requiring it to do so
THE SCHEDULE
(the Client)
Name of Client : (with ___________ if applicable) :
Address of Client :
Telephone No :
Fax No :
e-mail address :
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AS WITNESS the parties have set their hands the day and year first before
Written
SIGNED : ________________________________________
(duly authorized signatory)
For and on behalf of
ACCOUNT RECOVERY
SERVICES LIMITED
SIGNED : _________________________________________
(duly authorized signatory)
FULL NAME : _________________________________________
For and on behalf of
THE CLIENT