Terms & Conditions
Debt Services
Prior to instruction, we can conduct an initial review before proceeding and are happy to discuss individual requirements on a case by case basis.
Once you instruct Chase Debt, we will require a copy of any evidence of your debt, chases and any other relevant documentation for example:
– Copy invoices
– Contracts
– Booking Forms
– Tenancy Agreements
– Terms and Conditions
Once we receive these documents, we are able to carry out a review of the file and advise the best course of action in order to recover the debt. We will notify you should there be any need to incur further costs in addition to our normal charges below, before taking any action. All of Chase Debt fees are subject to VAT and may vary at any time.
Preliminary Checks
Upon instruction, we carry out preliminary checks that include a Property Search with the Land Registry and a search with Companies House. An Asset Trace can be carried out which includes, a Land Registry Search, a County Court Judgment Check and an Employment Trace. These checks will provide information on the debtor that will assist in the recovery of the debt.
Case Review
We will carry out an initial review of your case to assess whether we can collect the debt and deal with the matter prior to instruction but can conduct a more detailed case review at any time during the process. If instructed to do so we will provide you with a full case review and advice with best options on how to proceed.
Demand Letters
After the review of your case and upon instruction, we will then issue Demand Letters to the debtor requesting payment as part of pre-action protocol for debt claims. It is important we comply with this protocol as where recovery proceeds to litigation, the court will consider whether you have complied.
Individuals as Debtors
Where a debtor is an individual, a Demand Letter (Letter of Claim) is sent by first class post and recorded delivery, to ensure it is received by the debtor. This letter outlines the details of the debt and requests payment within 30 days. This letter contains attachments providing evidence of the debt, payment details and a reply form. The debtor will have 30 days to respond to this letter using the reply form.
If the debtor does not respond to the letter, we will then review your case and look into issuing a County Court
Claim against the debtor for the outstanding amount.
Companies as Debtors
Where a debtor is a company, three Demand Letters are sent requesting payment. The first is a letter requesting payment within seven days, failing a response or receipt of payment, a second letter is sent. The second letter states that if payment isn’t made within seven days, the file will be referred to solicitors. The third letter is a final Demand Notice giving the debtor a further seven days to make payment before legal proceedings taking place.
Traces
Traces can be carried out on the debtors in order to make contact and obtain payment. Our debtor tracing service takes between two to four weeks to complete and once we have ascertained the debtors whereabouts we will provide you with their new address and work details, where applicable.
Mediation Services
There are instances where court action may not be necessary in order to recover the debt and settle your matter. Should you require it, Chase Debt offers assistance with mediation. We charge on an hourly basis to review case papers relating to a mediation, and an hourly rate for the mediation meeting itself.
The hourly rate will depend on the seniority of the staff member instructed to deal with the matter, but on average the charge will be about £240.00 per hour to review and per hour to conduct the mediation meeting.
Legal Action
If the debtor does not respond to the Demand letter(s), we are then able to assist in the issue of a claim in the County Court against the debtor. We are able to provide assistance in the preparation of the case papers and documents that you may need to file with the Court.
Please be advised that Chase Debt is not a firm of Solicitors, nor do we purport to be a firm of Solicitors. We are an independent specialist debt recovery firm who assists individuals and companies throughout England and Wales with debt recovery., We are not, nor are we required to be, regulated by the Law Society or the SRA. All Court action will be raised and conducted by yourself. All Court hearings can also be conducted by yourself, but we would recommend that an advocate be instructed to attend on your behalf in most cases. Where an advocate is recommended, they would be instructed by a regulated firm of solicitors.
Preparation of the Claim
If no payment or contact is received from the debtor, we would assist with the issue of a claim in the County Court against the debtor for the amount outstanding.
Requesting Judgment
If the debtor does not provide a response to the claim form by the court allocated deadline, we will then assist with the request of Judgment in Default against the defendant. This means, you request the court to enter Judgment against the Defendant on the basis that there has been no response to the claim.
Defended Matters and Difficult Cases
The debtor may respond to the Claim Form with a defense. In this case we can provide you with assistance and advice on your case. We can assist you with the preparation of any documents you might need to file with the Court.
The hourly rate for this service will depend on the seniority of the staff member instructed to assist you, but on average Chase Debt will charge £240.00 per hour to review and provide advice on your case, and to assist with preparation of any documents. Should any matter become particularly difficult or an extensive amount of time is required to deal with any given case over and above the fixed fee prices stated for simple matters in this price list, Chase Debt reserves the right to charge for any time spent in assisting, dealing and resolving a matter and will liaise with you to discuss any additional applicable charges.
Hearings and Representation
Should your claim progress to the stage where a hearing takes place, we are able to seek the best possible quote for you to be able to instruct an advocate via a regulated firm of solicitors. We can assist you with the preparation of your instructions to the advocate who will attend the hearing and will charge an hourly rate to prepare this.
The hourly rate will depend on the seniority of the staff member instructed to assist you and also the time taken to assist with the preparation of the instructions for you, on average Chase Debt will charge about £240.00 per hour for this service. This does not include the advocate’s fee itself which will vary from case to case and will depend on things like the type of matter, any preparation required by the advocate and the length of hearing.
Enforcement
A County Court Judgment (CCJ) is an order given by the Court, instructing the defendant (debtor) to make payment in full or by installments as instructed by the Court. Once a County Court Judgement (CCJ) has been granted in your favor, you are then able to enforce the Judgment if the defendant does not pay the Judgment within 14 days. Similarly, if a defendant defaults on an installment ordered by the Court, the CCJ becomes enforceable in full with immediate effect. There are various methods of enforcement as listed below which will assist you in recovering payment of the debt and the costs incurred from the debtor.
Methods of Enforcement
High Court Enforcement
Officer
The Sheriff can only be instructed if you have previously obtained a monetary judgement for over £600. Once instructed, they will make three separate visits to the property over a three-month period to attempt to recover the total amount owed. The Sheriff will recover the Judgment Debt, any costs incurred in obtaining the CCJ and their own fees. At the end of the process you will be sent a report to indicate if they have been successful or not. If the bailiff is unable to collect the debt you will be charged an industry regulated abortive fee for each address visited.
Attachment of Earnings
An Attachments of Earnings Order will allow for the debt amount to be recovered from the defendant’s employer directly, as a deduction from their earnings. Information on the defendant’s employment is required, if this is not known we can obtain this by carrying out a trace as above.
Charging Order
If the defendant is a homeowner, an application can be made to the Court to place an interest against their property to secure your debt. An entry will be made to the property’s title with the Land Registry stating that a judgment has been issued against the owner of the property. This charge will not be removed until the debt is settled. We can assist with the application for a charging order with the Courts and registration of the Charge with Land Registry.
Third Party Debt Order
A third-party debt order recovers the debt by freezing the defendant’s funds in a bank account and releasing them for payment of the debt.
We can assist with this the application to court for this order. This method may require a Hearing, which may require the attendance of an advocate. In which case, as with defended matters, we are happy to assist with instruction of an advocate.
Miscellaneous Charges
We can also assist with general applications raised either by yourself or the other side at during the Court process, which will be assessed by us on a case by case basis and charged accordingly. We will liaise with you to discuss any applicable charges.
We can also assist in drafting Court Orders throughout the progress of your matter or to agree an order by Consent with the other side and again these will be assessed by us on a case by case basis and charged accordingly. We will liaise with you to discuss any applicable charges.
Where there are unusual matters or items where we might be able to assist which are not covered above, we can review and provide you with and proposed charges to assist you on a case by case basis.
Acting Responsibly
As a debt collection company, Chase Debt have a responsibility to make sure that during the collection of debt we are not acting in a way that disadvantages debtors while also making sure we recover your debt in the
most efficient and effective way. Each case is considered individually.
Where debtors want to make payments, for instance by payment plan, we must take into consideration their circumstances and what they can afford so that payments are not missed. Where debtors are vulnerable persons, this may affect aspects of the recovery, for instance where enforcing a Judgment.
During the process if any payment is received by yourselves, we will require that we are advised as this could affect the debt collection process.
Terms of Business
Introduction
Chase Debt Limited (here in after called ‘Chase Debt’) is a professional debt recovery company. Our services are tailor made to the needs of each client and we offer a range of debt recovery services to clients.
We are happy to discuss with prospective and existing clients the details of their case and offer services suited to their requirements. Our staff are trained to assist clients through the maze of debt collection and County Court procedures to ensure that we achieve the best results.
We are highly competitive and pride ourselves in providing efficient and effective services, which are value for money. We promise to take action from sending demands to, obtaining a Court Order and then through to enforcement stage if necessary, to seek recovery of debts owed.
Our Services
Our services include
• Credit Control
• Debt Recovery Demands (30-day demand notice,7 day demand notice, Letter before Legal Action, Final Demand)
• Advising on cases
• Traces, including local, national, and international tracing services
• Mediation Services
• Assisting clients with their legal and Court matters
• Assisting clients with enforcement of Judgments and Orders
Our services are aimed at being fast and efficient and we take on a wide and varied scope of debts to be recovered. We understand that to increase the chances of you recovering your money time is of the essence. From the moment we receive your written instructions and complete information we will advise on best steps and options and immediately send out Demand notices to begin the debt recovery process.
Confirmation of your agreement
Please confirm your agreement to these terms of Business by signing and returning by post or by email. If you instruct Chase Debt to undertake work on your behalf and that work is the actioned and a course of business dealings (a series of transactions between both parties before an agreement is made) with you is adopted we shall, in absence of receipt of signed terms of business from you, assume that you accept these terms of business in their entirety.
1. Obligations of Chase Debt
1.1 At the outset of a matter we shall discuss and agree with the client the nature and scope of the services to be provided by Chase Debt. Before carrying out any work the client will be advised in advance of the cost at each stage of the case.
1.2 Our instructions will be taken from yourself or from any other person whom we reasonably believe to have been given authority by you or your company to give instructions to us.
1.3 Chase Debt will use all reasonable endeavors to recover the debt on the clients’ behalf and will ensure that our services are conducted in an ethical manner, in compliance with the law, our internal Code of Practice and procedures, and in accordance with the applicable regulatory bodies.
1.4 Chase Debt will ensure that all information concerning the clients’ business and financial affairs and their case are treated with the utmost confidence and in accordance with the Data Protection Act 1998.
1.5 We will ensure that you are kept fully informed of progress in recovering the debt. Our policy is to respond to emails or any other methods of communication within 48 hours. Your case will be handled by a case worker or qualified paralegal who will maintain an overview of your case and make sure your requirements are met.
1.6 Chase Debt will inform you within 7 days of any money recovered from the Debtor in respect of the debt. All monies due will be transferred after deducting a 10% commission fee due to Chase Debt from the client for the successful recovery.
1.7 Chase Debt is not a solicitor’s practice, nor does it purport to be one.
1.8 Should your matter proceed to Court then Chase Debt can assist you in the preparation of your case and give advice on how to proceed.
2. Obligations of the Client
2.1 The client authorizes Chase Debt to perform debt and / or collection services in accordance to the rates and terms and conditions on all cases placed for collection and recovery.
2.2 The client will provide to Chase Debt all relevant and pertinent documents (e.g. invoices, agreements)
and information relating to any case and anything else which we might consider necessary to carry out the instructed work. This is to assist Chase Debt in efficiently carrying out your instructions. The client further undertakes to provide any further assistance when requested and notify Chase Debt immediately of any material change to the documents or information previously provided or in the matter generally. Failure to do so may negatively impact on the case and recovery of the debt – for which Chase Debt will not in any way whatsoever be held liable, should this occur.
2.3 The Client authorizes Chase Debt to deduct its 10% commission fee in full from any money or monies paid by or recovered from the Debtor or Debtors in relation to the Instructed Debt.
2.4 The client will inform Chase Debt of any payments made to them, either full or partly, by the debtor within 7 working days of receiving the money. The Client further acknowledges that the 10% commission fee shall apply to such sum as they would apply had such monies been paid directly to Chase Debt.
2.5 The client is liable to pay in full all costs, claims, expenses and awards made against them by any Court in the jurisdiction of England and Wales in relation to the debt recovery services provided.
2.6 The client is responsible and liable to pay all legal costs associated with any counterclaims and/or legal proceedings.
2.7 The client will advise Chase Debt of any communication from the debtor whereby they have advised of any grounds for defending any Court action or bringing any counterclaim.
3. Communicating with you
3.1 We will communicate with you directly and, where applicable, any other company employee/s in relation to any said instructions having agreed with you in writing that they represent yourself or your company.
3.2 We may communicate with you by email. As with other means of delivery and communications this carries with it the risk of inadvertent misdirection or non-delivery. The recipient is responsible for carrying out a virus check on attachments.
3.3 Internet communications may be corrupted, and Chase Debt accepts no responsibility for changes to such communications after their dispatch. Chase Debt do not accept responsibility for any errors or problems that may arise through the use of the internet, and you must accept all risks connected with sending commercially sensitive information relating to yourself or your company. If you do not accept this risk, you should notify us in writing that communication by email is not acceptable to you.
4. Conflicts of Interest and Independence
4.1 Chase Debt reserves the right during its engagement to deliver services to other clients whose interests might compete with the clients or are or may be adverse to you or your company’s interests, subject to the confidential Information section below. We confirm that we will notify you immediately should we become aware of any conflict of interest affecting your case, you, or your company.
4.2 We shall not act in relation to a matter where there is a conflict of interest in relation to any matter, or a related matter, or there is a significant risk that there is a conflict of this kind arising, unless permitted to do so by professional rules or other applicable law or regulation and, where required, with your consent.
5. Fees /Charges
5.1 With further reference to the section Obligations of the Client, fees are applicable as follows: –
- All fees and invoices issued by Chase Debt to the client must be paid in full and in advance before any work is undertaken by Chase Debt.
- A commission fee of 10% is payable to Chase Debt on the recovery of any debt or part of a debt. If installment payments are received, each payment will be charged at this commission rate.
- Where debts are collected in installment of less than £30.00 per month and continuous monitoring and reminders are required to recover payments, these will be subject to an additional 5% commission charge per payment received.
- Please refer to our Price list for current applicable fees and charges.
5.2 Should a matter proceed to Court; Chase Debt can review and suggest best options of how you might be able to proceed.
5.3 Chase Debt will always be your first point of contact.
5.4 The client will be charged Value Added Tax on any quoted amounts (where applicable).
6. Account
6.1 Unless otherwise agreed in writing, we will submit invoices to you at regular intervals (usually monthly) or at various stages when dealing with your case, with payment due immediately.
6.2 We reserve the right to request payments in advance on account of our fees and any disbursements as necessary. Disbursements include any fees or costs that are paid by Chase Debt in relation to preparation of your case, for example, court fees on applications to Court.
6.3 We reserve the right to charge interest on late paid invoices at the rate of 5% above bank base rates under the Late Payment of Commercial Debts (Interest) Act 1998. We also reserve the right to
exercise our statutory right to claim interest and compensation or damages for any debt recovery costs and legal costs incurred if we are not paid in accordance to our agreed terms.
6.4 Should any invoice remain unpaid for 30 days, without prior written consent, we reserve the right to suspend all further work on your case. Further insofar as we are permitted to so by law or professional guidelines, we reserve the right to exercise a lien over all funds, documents and records in our possession relating to all instructions made by you or your company until all outstanding fees, any applicable interest, and disbursements are paid in full.
7. Termination of Services
7.1 The client may give written notice at any time to Chase Debt to cancel our instructions. At this point a final invoice will be submitted and all invoices will become payable immediately irrespective of any prior agreement. You will also be responsible for all fees, disbursements, expenses, interest, and costs incurred and accruing as a result of the termination, all of which is also payable to Chase Debt.
7.2.1 Chase Debt reserves the right to withdraw its services at any time at its sole discretion by giving reasonable notice to you in writing.
7.2.2 This Agreement will remain in effect until:
i. The whole debt, including interest and costs, have been recovered from the debtor and all fees due to Chase Debt have been satisfied; and/or
ii. A settlement or negotiated amount has been paid by the debtor and fees due to Chase Debt have been paid in full; or
iii. Chase Debt gives written notice to the Client to terminate this Agreement; or
iv. The Client becomes bankrupt or (in the case of a company) be dissolved or put into liquidation.
8. Confidentiality
8.1 All information regarding your personal, business, and financial affairs will be regarded as and kept confidential at all times and will not be disclosed without your explicit written consent except (a) to your company’s other advisors or employees where advised or requested or (b) where disclosure is required or permitted by the law or regulation of ours or any relevant jurisdiction (c) (in confidence only) to our own advisors, insurers, accountants, brokers or auditors, or (d) to defend ourselves in relation to any actual or threatened legal or regulatory proceedings, regardless whether brought or threatened by yourself or any other person or organization.
8.2 You agree that we will not be required to disclose to you, or use on your behalf, any document or information in our possession in relation to which we owe a duty of confidentiality to Chase Debtor any other existing or former client of Chase Debt, or any other person. You therefore acknowledge that any duty of confidentiality that is owed to Chase Debt, or any other existing or former client of Chase Debt, or other person, overrides any duty Chase Debt might have to disclose information to you which is, or might be, relevant to a matter in which we are acting for you.
9. Retention of Records
9.1 Whilst certain documents may legally belong to you or your company, unless you tell us not to, we intend to destroy all correspondence and any other papers that are more than six years old, except documents we think may be of continuing significance. You must tell us if you wish us to keep any document for any longer period.
9.2 Unless otherwise instructed our normal practice will be to destroy all hard copy files and other papers relating to your matters within 6 years of a matter being completed.
10. Limitation of Liability
10.1 Chase Debt will provide services as outlined in these Terms of Business with reasonable care and skill. However, to the fullest extent permitted by law, Chase Debt will not be responsible for any losses, penalties, surcharges, interest or additional tax liabilities, where you or others supply incorrect or incomplete information, or fail to supply any information, or where you fail to act on our suggested steps or respond promptly to communications from Chase Debt, legal bodies or authorities.
10.2 You will not hold Chase Debt responsible, for any loss or losses suffered by you arising from any misrepresentation (intentional or unintentional) supplied to us orally or in writing in connection with this agreement. You agree that you will not bring any claim in connection with services Chase Debt provide to you or your company against Chase Debtor any employees personally.
10.3 Chase Debt work and pricing structure are not, unless there is a legal or regulatory requirement, to be made available to any third parties and Chase Debt will accept no responsibility to any third parties for any aspect of our services or work that is made available to them.
11. Applicable Law and Jurisdiction
11.1 These Terms of Business are governed by the Laws of England. Any action or proceedings brought in a Court of England and Wales shall be conclusive and binding.
11.2 The Courts of England shall have exclusive jurisdiction in relation to any claim, dispute or difference concerning our engagement and Terms of Business and any other matter arising from or under them. Each party irrevocably waives any right it may have to object to any action being brought in those Courts, to claim that the action has been brought in an inconvenient forum, or to claim that those Courts do not have jurisdiction.
11.3 If any real dispute should arise, if it is appropriate Chase Debt has the sole discretion to refer the matter to mediation before initiating any legal proceedings.
12. Complaints
12.1 If you have any complaints about the services that Chase Debt provide or you wish to discuss any aspect of the way in which your instructions are being handled, please contact the practice principal by email or telephone or make an appointment at our offices, details of which are below:
Name: Sophie Christmas
Address: Chase Debt Ltd, First Floor, 54 Watling Street, Radlett, Hertfordshire WD7 7NN
Telephone: 020 3 780 7141
Email: info@chasedebt.co.uk
12.2 If at any time you are unhappy with any fees charged please communicate this to us as soon as possible so we can discuss and try to resolve the matter.
13. Disclaimer
13.1 We are an independent specialist debt recovery firm who assist individuals throughout England & Wales. If a matter proceeds to Court proceedings, then all hearings will be conducted by advocates instructed by a firm of solicitors who are regulated by the SRA. We are not, nor are we required to be regulated by the law Society or the SRA. We are not solicitors, a firm of solicitors, nor do we purport to be a firm of solicitors.
13.2 Advice given orally by Chase Debt is not intended to be relied upon unless confirmed in writing. Should we provide oral advice (i.e. during a meeting or telephone conversation) and you wish to be able to rely on that advice, you must ask for the advice to be confirmed by us in writing.
14. Entire Agreement
14.1 This agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between them, whether written or oral.
14.2 Each party acknowledges that in entering into this agreement it does not rely on, and shall have no remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in this agreement.
14.3 No party shall have any claim for innocent or negligent misrepresentation based upon any statement in this agreement.
14.4 Nothing in this clause shall limit or exclude any liability for fraud.
