Terms & Conditions

Definitions

“C:IQ” means C:IQ Limited ( reg.no. 05360987) , whose registered address is 21 St Thomas Street , Bristol , BS1 6JS .

“You” means the individual or company instructing C:IQ to provide their debt collection services.

“NL” means NewLaw Solicitors of Ross House, Scott Harbour , Cardiff Bay , Cardiff CF10 4PJ.

“Agreed Percentage” means a sum equal to 18% of any debt recovered unless agreed otherwise in writing in our letter of engagement.

“Recover” means the payment of any monies from another party in respect of the debt whether received by C:IQ or any other party.

Agreement

These terms and conditions shall be governed, construed and enforced in accordance with English Law and all parties shall submit to the exclusive jurisdiction of the English Courts.

Fees

Pre-litigation

In the event that you instruct C:IQ to recover a debt and C:IQ recover monies on your behalf without court action having been commenced, you shall pay C:IQ the Agreed Percentage / (set out in the attached letter of engagement) in addition to any disbursements incurred on behalf of you.

Uncontested Court Work

In the event that you instruct C:IQ to recover a debt and court action is recommended by C:IQ and agreed by you either on a case by case basis or as agreed in accordance with any delegated authority NL will be instructed by C:IQ to issue proceedings and fixed charges set out in the attached List of Fees will become payable by you to C:IQ in addition to Agreed Percentage / (set out in the attached letter of engagement).

Contested Court Work

In the event that you instruct C:IQ to recover a debt and court action is commenced and the case becomes contested, NL’s fees will be charged on an hourly basis as set out in the attached List of Fees in addition to the Agreed Percentage/ (set out in the attached letter of engagement). Subject to entering into a separate agreement with NL at that time and dependant on NL’s consideration of your case, NL may in their discretion, offer to enter into a Conditional Fee Agreement in respect of your legal costs at that stage.

Litigation limit

In the event that court action is to be issued on debts of less than £500, C:IQ will require payment of the sum of £90 before any action is commenced.

Success Fee

Where C:IQ successfully recover monies on your behalf following the issue of a claim form, a success fee of £90 will become payable by you in addition to any the Agreed Percentage, any charges set out in the List of Fees and any disbursements.

Disbursements

Payment made on your behalf in respect of court fees, tracing agent fees, land registry fees, counsel fees and any other payments made to third parties, are called disbursements and are payable by you in addition to fees referred to in the List of Fees. C:IQ reserve the right to request payment on account of disbursements.

Payment of fees/disbursements and monies collected

C:IQ will issue a statement for you on the last working day of each month detailing any monies received in respect of any debt recovered up to and including the 14 th day of each month. Any monies received will be paid out to you on the last working day of each month subject to a deduction for any fees/disbursements outstanding at that time.

C:IQ will issue an invoice on the last working day of each month detailing any charges incurred up to and including the 14 th days of each month. Each invoice is payable by you within 14 days of the date of the invoice.

Vat

All fees and disbursements are subject to vat.

C:IQ Obligations

C:IQ shall perform their services with reasonable care and skill and shall at all times act in a proper businesslike and professional manner.

C:IQ will not instruct NL to issue court proceeding in respect of any debt without your authority unless by otherwise agreed in writing.

C:IQ will comply with the terms of the service standards set out in the attached letter of engagement, unless otherwise agreed.

Your Obligations

You will at all times provide all relevant information and paperwork to support the debt being chased.

You will keep C:IQ up to date with any changes made that will affect the debt being chased in respect of payments or conversations held directly with the debtor.

In the event that you send C:IQ any instructions by error, a standard fee of £12.50 per individual instruction is payable by you to C:IQ

You will not appoint any other firm to carry out any of the services provided by C:IQ and/or NL while this agreement is in force.

If you request the closure of a file prior to collection of the debt or fail to provide relevant debtor details upon request and the file is closed following this failure, a sum equal to the 18% of the debt referred to us is payable by you to C:IQ.

In the event that the case is unsuccessful or does not proceed for any reason any charges and disbursements having accrued at that time will become immediately payable by you to C:IQ.

If you fail to make payment of any sums due to C:IQ and/or NL at any time, any costs incurred by either C:IQ and/or NL in pursuing payment from you will be charged to you and interest will be added to any outstanding sums due from you at the daily rate of 12% from the date on which they fall due to the date of payment.

Termination

You may terminate your instructions in writing at any time. You will be responsible for any charges incurred by C:IQ and/or NL up to the and including the date we receive your written notification. You will also be liable to pay any costs incurred by the other party in any court action which is in existence at the date of termination.

These terms of business can be terminated immediately by C:IQ if you fail to pay any outstanding charges or disbursements by the due date.

No Collection guarantee

C:IQ makes no representation and gives no warranty or guarantee that it will obtain repayment of any debt referred to them for collection.

Confidentiality

Each of the parties shall from the date of the agreement keep confidential any information, which may have been obtained in connection with the customers business, private, assets or affairs. Nether party (unless on written authority or otherwise) should disclose such information or make use of such information for any other purpose whatsoever other than for the purposes of properly performing its obligations laid out in these terms and conditions.

Entire Agreement

The agreement contains all the terms which C:IQ and you have agreed in relation to its subject matter and supersedes all previous oral or written communications between you and C:IQ and C:IQ does not authorise the giving of representations on its behalf by any person unless confirmed in writing and signed by a director of the company.

Notices

Any notice to be given in accordance with the agreement must be in writing.

Severability

If any provision of this agreement is held by any court or other competent authority to be void or unenforceable in whole or part, the other provisions of the agreement and the remainder of the unaffected provisions shall continue to be valid.

Variations

No variation to these conditions shall be binding unless agreed in writing between you and C:IQ.