Ability UK Debt Collection is the
trading name of The Ability Organisation Ltd (UKDC).
It is agreed
that: 1. Once any debt has been received, remuneration is due: Where settlement is
effected by payment to UKDC or directly with the client by acceptance
of money or otherwise, or where the client directs UKDC to hold,
suspend or discontinue action without reasonable explanation or where
settlement is effected in any manner whatsoever or when judgment is
awarded. Debts referred where judgment has already been obtained will be
regarded as being resolved when, in addition to the terms above, a
charge is secured against any asset or when an attachment of earnings
order has been obtained. "Resolve" is agreed to include accounts
referred where UKDC is instructed to suspend or hold action and in
the case of Volume Debt Recovery where the dept is disputed or through
the course of this service it is discovered that the debt was not valid
or incorrect in any way. Individual Debt Collection Terms & Commissions
will apply to Volume Debts if they are referred to litigation.
2. UKDC is employed as the customer's agent working on behalf of the
customer and any accounts referred for action must be true
and valid and UKDC is not liable for any loss or damage which may be
suffered as a consequence of the service provided and/or other.
3. The client shall immediately notify Ability of any monies, offers or
correspondence received directly from the debtor.
4. Any information supplied is to be treated as indicative only and the
client agrees that information supplied in respect of any Credit
Reference, Trace Status Enquiry, Company Report etc. is supplied in the
strictest of confidence, for the clients eyes only, and the client
agrees not to divulge any information or part to any third party or
parties. All correspondence including conversations are agreed to be
strictly confidential and shall not be repeated to any outside source.
5. Disbursements i.e. Court Fees, Tracing fees, Travelling Expenses etc. are the
responsibility of the client. Where UKDC is instructed to carry out
extra work such as liaising with solicitors, outside agency, producing
written reports, acting solely as a witness etc, this work is chargeable
at our going rates per hour or any quarter part.
6. UKDC credit terms are 14 days from date of invoice and the client
agrees to pay interest of 5% per month in respect of fees still
outstanding 14 days from date of invoice unless extended credit terms
have been agreed in writing. It is agreed that UKDC may debit its
fees before crediting the client where the debtor makes payment directly
7. Additional or further accounts referred for action are agreed to be
subject to these Terms and Conditions.
8. Documents sent or passed to UKDC are agreed to be transported at
the senders own risk and only COPIES of relevant documents should, if
necessary, be passed for action. UKDC does not accept responsibility
for any documents or other in any way whatsoever received from any
source. UKDC reserves the right to dispose of or destroy documents
still in its possession three months from date of receipt.
9. In the event of UKDC advancing monies in respect of payments
received by cheque or other which subsequently are returned unpaid by
the bank or other organisation the client agrees to reimburse UKDC
immediately and if this is not done the client agrees to pay all
expenses with regard to recovering these monies through the courts etc.
The client also agrees that interest of 5% a month will be charged on
these monies until repaid in full.
10. This or any other contract that exists between UKDC and the
client is agreed to be governed by English Law and no other. It is
agreed that any dispute or grievance between UKDC and the client
shall be settled by arbitration either in The Slough County Court or by
the Arbitration Service Offices in London SW1.
11. UKDC reserves the right to cancel, reject, or withdraw any
service or term at any time without penalty or compensation and without
12. Witness court attendance by UKDC is subject to court location and
13.The signatory or person or organisation that submits any Debt
Collection request or any other request for services or products declare
that they have the proper authority to do so and agree to be liable for
any fee or other as a result of that submission.
14. Business Forms ordered such as Personal Guarantee, Retention of
Title, Credit Application Form etc are supplied free of charge for
illustrative/information purposes only and any charge made is an
administration fee. No liability is accepted for these forms whatsoever,
for accuracy, performance, effectiveness or other.
15. Unless prior agreement in writing is obtained no variations of any
UKDC Terms or Conditions will be accepted.
16. CREDITS PURCHASED: Guaranteed Results apply to Volume Debt Recovery
Credits Purchase only for the service up to the litigation stage only.
Any debt that UKDC fails to recovery or resolve as stated in (1) above,
will be credited on the further purchase of Credits. Volume Debt
Recovery Credits are defined as being two letters & phone calls unless
otherwise stated and normal debt recovery rates and Terms apply to debts referred for Litigation.