- Alpha Collections is a trading name of Beargraft Ltd, a company registered in England number 11464368, with full registered details at the end of these terms and conditions. Here and after, Alpha Collections and Beasrgraft Limited will together be known as the Agency, while the instructing entity utilising the service, will be known as the Client. The Debt means each sum owed to the Client which the Agency is instructed to collect.
- Once a Debt is submitted to the Agency by the Client by whatever means, electronically or otherwise, the Agency is instructed and authorised to collect money on behalf of 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 the collection process.
- While effort is made by the Agency to recover the Debt, no guarantee is made that such Debt will be recovered.
- The Client agrees to indemnify the Agency for any actions taken by the Client that may prejudice the Agency's ability to collect by interfering with the collection process. In such circumstances the Agency reserves the right to charge such commissions that would be due as if the Debt was collected in its entirety.
- The Client must not communicate with the debtor after the Debt is passed on to 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 direct the debtor directly to the Agency as their Representatives in this matter, without discussing the matter at all with the debtor. Should the client prejudice the Agency's ability to collect, the Agency reserves the right to charge that commission which would normally be levied as if this had been a full successful collection.
- Once the Agency has been instructed, all monies collected are subject to commission at the rate relating thereto, whether the monies get paid directly to the Client or paid to the Agency, unless the Agency has – in writing - terminated the instruction or advised the Client that it cannot recover the debt. Commission on monies collected will be at a rate agreed in writing between the Agency and the Client. If no such rate is agreed, commission shall be payable at a rate of 18%.
- 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.
- The minimum commission charge on any monies which are collected is £100. E.g if the debt recovered is £600 and the commission rate is 20%, the commission to be paid to the Agency will be £120. If the recovery of the full amount is not possible, for instance we recover £300, the minimum charge will still be £100 and not 20% (£60).
- 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.
- Payments, if collected in full, or as a full and final payment, will endeavour to be remitted to the Client at the end of the month, following the month of collection of the debt, providing the funds have cleared.
- The Agency reserves the right to accept settlement of Debts by instalments where necessary.
- 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 (which the Agency has requested to be provided by a fixed date and which has been communicated to the Client, in writing), or a lack of co-operation from the Client, the account has to be returned to the Client, the Agency reserves the right to charge that commission which would normally be levied as if this had been a full successful collection.
- Any additional services 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 all international debts or contracts, including debtors or clients based outside the United Kingdom.
- Where goods and services are subsequently returned to the Client and/or the balance is written off by way of a credit by the Client, the Agency reserves the right to charge that commission which would normally be levied as if this had been a full successful collection.
- If payments are made direct to the Client, all accounts are rendered for settlement within 7 days from the date of invoice. Unsettled accounts may be subject to a charge of 5% per month or part thereof until paid in full at the Agency's discretion.
- 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.
- 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 are made in instalments or part payment that require monitoring to collect further payments, will be subject to an extra 5% commission of the total amount recovered.
- The Agency is authorised to accept full and final settlements on behalf of the Client without obtaining the Client’s approval, up to a discount of no more than 40% of the Debt, should the Agency believe that they have negotiated a reasonable settlement figure and/or it is in the Client's best interest to accept.
- The Agency is able to use solicitors of their choosing, for the more complex files where the Debt may have been already worked on by other solicitors or a debt recovery agency, where court judgment has already been obtained but has not been enforced, where debts/date of invoice, or part of the Debt, is over a year old or becomes over a year old whilst in the collection process, or where debts are disputed. On occasion, Debts may be transferred to solicitors of the Agency’s choosing where initial collection methods have failed and/or where the Agency feels (at their sole discretion) that a solicitor’s methods should be taken (for example, litigation) for successful recovery. In such circumstances you will be liable, (in addition to the commission payments due in accordance with these Terms and Conditions), and shall fully indemnify the Agency, for any disbursements incurred which may include (but are not limited to) court fees and barrister fees.
- The Client must inform the Agency if the debtor attempts to make contact with the Client (please also refer to clause 5 of these Terms and Conditions), 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 Agency reserves the right to charge that commission which would normally be levied as if this had been a full successful collection.
- Should the Client instruct the Agency to recover a Debt that has already been paid prior to instructing the Agency, the Agency reserves the right to charge 12% of the amount of the Debt for work/administration costs.
- The Agency reserves the right to reject debts that fall outside of our internal debt collection criteria and will advise the Client in writing accordingly.
- Depending on your business status and location, we may be required to charge VAT on commission. Commission is net and may be subject to VAT at standard rates for clients in the European Economic Area. A VAT invoice will be provided for all applicable transactions.
- Right to Cancel – where the Client is an individual, sole trader or small partnership, the Client has 14 days from entering into the Agency’s debt collection service in which the Client can cancel it without giving any reason or incurring any liability. The cancellation period will expire after 14 days from the day of the conclusion of the contract. To exercise the right to cancel the Client must inform the Agency in writing by email to email@example.com making a clear statement setting out the decision to cancel. The Agency will not start providing its services before the 14-day cancellation period has ended, unless the Client requests this. In this instance the Client may still have the right to cancel, but you will be required to pay 12% of the amount of the Debt for work/administration costs.
- The Agency’s total aggregate liability to a Client 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. In any event no claim shall be brought unless you have notified us of the claim within one month of it arising. In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.
- This contract is subject to and should be interpreted in accordance with the laws of England & Wales and the Courts of England & Wales have exclusive jurisdiction of any dispute arising in connection hereunder.
- No delay or failure by the Agency to enforce any provisions of these terms and conditions is a waiver of that provision or any other provision.
- If any one of the provisions hereof are held by a competent tribunal or authority to be invalid or enforceable the rest of the provisions remain valid and enforceable.
- This contract is the entire agreement between the Agency and the Client on the subject matter contained herein and supersedes any representations, communications and prior agreements between the Agency and the Client. The Client acknowledges that it has relied solely on these terms and conditions of business and not on any other representation, warranty or statement of undertaking by the Agency, its employees, professional advisors, agents or solicitor. Unless expressly provided under this contract no term of this contract is enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it.
Beargraft Ltd T/A Alpha Collections.
Registered number: 11464368
Office: 020 8638 076
Address: Watson House , 54 Baker Street, London W1U 7BU