Terms and Conditions For Debt Collection
Terms and Conditions
- Here and after Perry Wood Finance Co Ltd t/a CBC International will be known as the agency, while the instructing entity utilising the service will be known as the client.
- 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.
- Whilst every effort is made by the agency to recover outstanding monies within reason and cost effectively, no guarantee is either expressed or implied that such money will be recovered. The agency shall be indemnified by the client for any actions taken by itself, the debtor or its agents after contracting with the agency to act on its behalf. If such actions prejudice the agency’s ability to collect by interfering with the collection process, the agency reserves the right to charge such commissions that would be due as if the debt had been collected in full.
- The client must not make any communication with the debtor(s) after the debt(s) is passed on to CBC International. If the debtor(s) attempt to contact the client, the client must immediately refer the debtor(s) directly to CBC International. If this term is broken, this is liable to prejudice the agency’s ability to collect and commission will be due to CBC International as if the debt was collected in its entirety.
- Once the agency has been instructed, all monies collected are subject to commission at the rate relating thereto, whether the monies come in directly to the client or are paid to the agency, unless the agency has terminated the instruction or advised the client that it cannot recover the debt.
- Commission will only be taken by the agency as a percentage of the collected amount only and not as a percentage of the total debt submitted. If instalment payments are made, each payment will be charged at the commission rate band applicable to the size of the payment.
- The minimum charge on any monies collected is £30. For example, if the debt recovered is £100 and the commission rate is 15%, the commission to be paid to the agency will be £30 as opposed to £15.
- The agency is authorised to collect monies on behalf of its clients. Payment if collected in full as per the client’s 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 providing the funds have cleared and the agent reserves the right to deduct its outstanding invoice payments. Payments may be made upon receipt to the client upon request and at the discretion of the agency.
- Once the agency has been authorised to act on the client’s behalf, 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.
- 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.
- Foreign rates apply to Eire.
- 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.
- All invoices are rendered are due for settlement upon receipt. Accounts unsettled within 14 days may be subject to a late payment charge of £40.00 under late payment legislation at the agency’s discretion.
- Where debts are collected in instalments of under £50.00 per month and constant monitoring and reminders are required to retrieve payments, these will be subject to an additional 5% commission charge.
- The client must inform the agency of any payment received direct or information regarding the debt immediately so that the agency does not pursue the debtor unnecessarily. If the agency does pursue a debt unnecessarily, the client may incur additional fees at an hourly rate of £50 at the discretion of the agency.
- Our recovery work is conducted on a no collection, no fee basis, (excepting disbursements should these become necessary) and is subject to these terms and conditions. Commission will be payable on money successfully paid/collected after instruction, there is a minimum charge of £30.00, per account submitted.
- Our standard commission rates are as follows:
UK based client and debtor
Value of debt (if paid/collected with one payment) Commission Rate %
Up to £5,000 15.0
£5,001to £10,000 12.5
£10,001 to £15,000 10.0
£15,001 to £20,000 7.5
£20,001 & over 5.0
European based client or debtor (outside of UK)
|All values||Commission Rate %|
|17.5 of money paid/collected (without legal action)|
|20.0 of money paid/collected (post legal action)|
Rest of world based client or debtor
|All values||Commission Rate %|
|25.0 of money paid/collected (without legal action)|
|30.0 of money paid/collected (post legal action)|
18. Our fee will also become payable if a legal claim has been secured and an asset is created on behalf of the instructing party. An example of this is where the agency has secured a Caution/Charge over a Defendant’s property. The property will then stand Charged until such time as the Charge is satisfied. Interest in the property to the value of the Judgement together with statutory interest will pass to the client once the Caution/Charge has been registered.
19. It is our aim to recover outstanding amounts without recourse to legal action. However, if legal action is necessary, the agency will inform you of probable costs and gain your approval prior to proceeding. Some legal costs are recoverable from the Defendant, together with interest.
20. An appropriate fee will be charged if the debt proves to have been uncollectable upon receipt and / or is withdrawn, based on work done in order to cover costs incurred. Examples would include, debtor Company in Liquidation/ceased trading or individual bankrupt before instruction.
21. Commission is payable upon settlement of all money paid/collected, if part payments are received the commission payable is based on the amount paid at that time. Commission will also be payable on the monetary value of goods returned to the client or if a credit note is raised for part/all of the debt value after instruction to the agency, or an agreement reached for a reduced payment, commission will be charged on the full debt value as instructed. Our fee will be payable if payment is received after the agency is instructed, irrespective of where the payment is received (either paid to the agency or client).
23. Due to the nature of our business we do not offer credit facilities and our fees are payable upon receipt of invoice.
24. These terms and conditions are governed by the law of England and Wales however, if any genuine dispute arises, the agency will have discretion to refer the matter to mediation before litigation if deemed appropriate.
Depending upon the nature of the instructions received, we may be required by law or best practice to verify your identity and address to our satisfaction before starting or continuing work on your behalf. We may refer to external sources to do so. If we become aware of, or suspect the existence of concealment or laundering of proceeds or any illegal activities, we may be required by law to pass details to the relevant authorities. If so, we cannot inform you and we may be required to suspend work temporarily without advising you or giving an explanation. The law gives no choice in the matter and by agreeing there terms of business you consent to such disclosure and/or suspension of work in these circumstances.