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CACR


CACR
®

TERMS AND CONDITIONS




  1. Here and after CACR, a trading style of The Goldman Organisation, owned and operated by Clive Goldman, will be known as the Agency, while the instructing entity utilising the service, will be known as the Client.


  2. Once a debt is submitted to the Agency by the Client by whatever means, electronically or otherwise, the Agency is authorised to collect money on behalf of the Client. This is a binding contract between the Agency and the Client, and these Terms and Conditions are to be complied with in all stages of the collection process.


  3. While effort is made by the Agency to recover outstanding monies on behalf of the Client, no guarantee can be made, express 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 after contracting the Agency to act on its behalf. If any actions prejudice the Agency’s ability to collect by interfering with the collection process, the Agency reserves the right to charge such commissions or fees that would be due as if the debt was collected in its entirety.


  5. The Client must not make any communication with the debtor after the debt is passed on to the Agency, save as herein provided or as expressly directed by the Agency, as this is liable to prejudice the Agency’s ability to collect. If the debtor attempts to contact the Client, the Client must immediately revert the debtor directly to the Agency as their Representatives in this matter, without discussing the matter at all with the debtor.


  6. Once the Agency has been instructed, all monies collected, whether paid to the Agency or client, and irrespective of the source, are subject to commission and fees at the rate relating thereto, unless the Agency has terminated the instruction or advised the Client that it cannot recover the debt.


  7. Commission will only be taken by the Agency as a percentage of the recovered amount and not as a percentage of the total debt submitted. However, where goods and services are subsequently returned to the Client and/or any amount is credited or written off by the Client, the Agency will charge that commission and fees which would normally be levied as if this had been a successful collection. That is, "recovered amount" will include any credit notes that are or should be raised by the client and any paid amounts or credits which the debtor is entitled to offset but which were not identified when the debt was passed to the Agency. Any goods returned, collected or recovered by the Client shall be valued and considered also as a "recovered amount."


  8. The minimum commission charge on any monies which are collected is £35. E.g if the debt recovered is £100 and the commission rate is 15%, the commission to be paid to the Agency will be £35 as opposed to £15.


  9. The Agency will attempt to recover within a reasonable and timely manner, however, as each case is individual, the time for the Agency to perform any obligation under the contract shall not be the essence of the contract.


  10. Payments, if collected in full, or as a full and final payment, 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.


  11. The Agency reserves the right to accept settlement of debts by instalments where necessary and where such instalments are received each receipt is subject to the commission and fees at the stated rates, save that calculation will also be made for the total amount received to date and account being taken on any prior invoicing by the Agency to the client.


  12. Once the Agency has been authorised to act on the Client's behalf, if the debt is withdrawn by the Client prior to the Agency recommending termination of action, or where due to lack of requested information or cooperation from the Client, the account has to be returned to the Client, this is subject to charge at the stated commission rates. We reserve the right to not work on any debt.


  13. Any additional services requested by the Client to any division or associate of the Agency is chargeable to the Client, at the agreed rates.


  14. Foreign rates apply to Ireland, or to debtors or clients based outside the United Kingdom.


  15. All invoices are rendered for settlement by the client within 7 days from the date of invoice. Unsettled accounts will be subject to The Late Payment of Commercial Debts (Interest) Act 1998 in respect of business clients and the same rate will be applied (currently 8.5%pa) in respect of personal client until paid in full.


  16. Where a cheque is 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.


  17. All part payments, which require constant monitoring, are not normally paid to the Client until the overall debt is paid in full, however interim payments may be made to the Client at the discretion of the Agency. The occasional debts which have to be collected in instalments and need constant monitoring to retrieve re-payments may be subject to an extra commission.


  18. The Agency is authorised to accept full and final settlements on behalf of the Client should the Agency believe that they have negotiated a reasonable settlement figure and is in the Client's best interest to accept.


  19. The Client must inform the Agency if the debtor attempts to make contact with the Client, if there is any news regarding the debt, or if any payment is received direct so that the Agency does not pursue the debtor unnecessarily. If the Agency pursues a debt unnecessarily, the Client may incur additional fees charged at our current hourly rate at the discretion of the Agency.


  20. The Agency is authorised to receive cheques on behalf of its Client and to bank any cheques or receive any monies made payable to the Agency. In the case of cheques received, the Agency must allow 14 calender days for cheque clearance and thereafter will account to the Client for such monies less any monies outstanding on its own accounts with the Client.


  21. The Agency may recommend litigation to the Client. The Client is under no obligation to do so. Where the Client agrees to proceed to the litigation stage, it will give such permission in writing. Monies receive in litigation stage are subject to commission and fees.


  22. The correspondence, emails, phone calls, faxes received and sent by The Agency remain the property of the Agency and no obligation exists to supply any copies of any documentation to the Client.






Limitations Of Liability:

  1. All conditions, terms, representations and warranties relating to the Services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded to the extent applicable under UK law, subject always to sub clause 2


  2. Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence.


  3. The total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by the Client in respect of that part of the Services which are the subject of any such claim.


  4. In any event no claim shall be brought unless the Client have notified the Agency of the claim within one month of it arising.


  5. In no event shall the Agency be liable to the Client for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.



A5543 18/08/2014 Rev 1



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THE GOLDMAN ORGANISATION

Beechwood House
36 Tretawn Gardens
London NW7 4NR

e-mail: clive@cgoldman.com



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