Terms & Conditions of Business
This page outlines the terms and conditions of business with Access Credit Management Ltd (ACM).
The terms and conditions pertaining to the use of this web site are defined separately, to view those see Terms & Conditions of Web Site Use >
"AGENT" or "AGENTS" means any Solicitor, bailiff, sheriffs or other person instructed by ACM to act on behalf of the Client in respect of the Services;
"the DEBT" or "DEBTS" means the debt placed by the Client and covered by the Services;
"the Client" means the individual, business or corporation named;
"the Fees" means the fees payable to ACM under Clause 7;
"the Services" means all the work and services performed by, or at the direction of, ACM, its associates, servants and agents in relation to the recovery or attempted recovery of debts or other action or matter arising therefrom, on behalf of the Client, as further described under Clause 3;
"Solicitor" or "Solicitors" means a solicitor as defined under section 717 (2) of the Companies Act 1985, or the equivalent in foreign jurisdictions, instructed by ACM to act on behalf of the Client in respect of the Services;
"Terms and Conditions" means these terms and conditions, governing the provision of the services;
"ACM" means Access Credit Management Limited;
"the Handling Fee" means the fee payable by the Client to ACM in the circumstances described under Clause 7(i)
"the Additional Fee" means the fee payable by the Client to ACM, in addition to the Fees, in the circumstances described under Clause 7(b), and equal to the minimum fee stipulated or 50% of the Fees on the amount by which the Debt has been reduced or whichever is greater.
2. Terms of business
These Terms and Conditions apply to the Services and may not be varied without the prior agreement of both parties in writing.
3. The services
- The Services shall be deemed to have commenced upon the Clients receipt of ACM's formal written acknowledgement and agreement to provide the Services. In consideration of the provision of the Services, the Client shall pay the Fees and expenses specified under Clause 7.
- The Services shall be provided by ACM through its own resources or, in the sole discretion of ACM, through Agents.
- ACM shall, in its sole discretion, determine the most appropriate method and steps to be taken for the provision of the Services, including (without limitation) the giving of instructions on behalf of the Client to Agents.
4. Obligations of ACM
- ACM shall ensure that the Services are performed in an ethical manner, in compliance with the law. ACM shall ensure that its employees act in accordance with ACM's internal code of conduct, the Code of the Credit Services Association, as approved by the Confederation of British Industry, and the Code of the American Collectors Association, as applicable.
- ACM shall treat all information concerning the Client, its business and financial affairs in complete confidence.
5. Obligations of the client
- The Client will provide ACM with all documents and information relating in any way to the Debt. The Client further undertakes to notify ACM promptly of any material change to the documents and information provided, including any new information of any kind, affecting directly or indirectly the Debt.
- The Client shall notify ACM and any Solicitor of any payment made to the Client in or towards the satisfaction of the Debt.
- All information provided by ACM to the Client shall be held by the Client in the strictest of confidence and shall not be disclosed to, nor relied upon, by any other person, firm or company without the consent of ACM.
- The Client undertakes to cooperate at all times with ACM and the Agents.
- The Client shall not instruct any other person, firm or company in respect of the Debt or the Services without prior written approval of ACM.
- The Client shall provide all information and comply with the obligations specified under Clauses 5 (a), (b) and (d) without delay. Any delay affecting ACM's performance of the services shall entitle ACM to terminate the Services immediately.
- The Client acknowledges its liability to meet in full all costs, claims, expenses and awards made against it by any court of competent jurisdiction as a result of the Debt Recovery Activities of the Services.
- The Client may, subject to Clause 6(b), inform ACM of any solicitor that it would prefer to use in connection with the Services. ACM shall, in any event, have absolute discretion in the choice of the Solicitor and its choice shall be final and binding. ACM shall inform the Client of the name and address of any Solicitor that ACM proposes to instruct.
- ACM shall instruct the Solicitor to (i) place himself or themselves upon the record of the appropriate courts as representing the Client and (ii) to keep ACM fully informed of all the steps taken, including through any other Agents, and any compromise agreement or any other action or matter arising there from. ACM agrees that the Solicitor shall owe a primary duty to the Client.
- All monies recovered by a Solicitor in pursuance of the Services shall be paid to ACM.
- No legal action will be initiated by ACM without the express permission of the Client.
7. Fees and expenses
- The commission fees on the Recovery of any Debt or part of a Debt after Placement of a Debt shall be paid by the Client in accordance with the relevant standard ACM scale of fees in force at the time when the Debt is placed with ACM.
- The Client shall pay all charges as stipulated on the invoice. Failure to pay any invoice by the due date shall entitle ACM to charge interest on all overdue payments calculated on a daily basis from the invoice date, both before and after any judgement and until the date on which the Fee is actually paid, at a rate equivalent to the rate prevailing on the due date as prescribed by the Secretary of State pursuant to section 6 of the Late Payments of Commercial Debts (Interest) Act 1998.
- The Client shall fully and effectively indemnify ACM against the total expense to ACM arising out of the Client's breach or breaches of these Terms and Conditions. Such expense shall include, without limitation, all expenses incurred by ACM in recovering overdue Fees, all court fees, all amounts payable to ACM's professional advisors (payable on an indemnity basis) in pursuing claims against the Client for breaches of the Terns and Conditions and for enforcing judgments and/or orders, all amounts payable to ACM's debt recovery agents. The Client further agrees to so indemnify ACM in the event that any instructions given to ACM by the Client, its officers, contractors or its employees are not authorised by the Client, or if any information given to ACM proves to be inaccurate, incomplete or misleading.
- The Client must pay all Legal Costs where Judgement is awarded against the Client (either before or at trial).
- The Client must pay all Legal Costs in connection with a counterclaim or proceedings other than the primary action to recover the debt.
- In the event that, once a Debt has been placed, the Client enters into any settlement or compromise with the debtor, which has the effect of reducing the amount claimed from the debtor, or the debt has been paid prior to placement, the Client shall pay the additional Fee.
For the avoidance of doubt and by way of example only, if the Client accepts the return of goods from the debtor resulting in a credit note, or agrees to issue a credit note without return of stock the Client shall pay the Additional Fee.
- Other fees and expenses payable to Agents shall be payable by the Client in addition to the Fees and shall be paid irrespective of the extent of any recovery achieved by ACM hereunder (If any). Unbilled or outstanding fees and expenses of Agents shall become immediately due and payable in the event of the termination of the services for any reason.
- The Client shall obtain the prior written consent of ACM before agreeing to any settlement or compromise with the debtor. Failure to do so will render the Client liable to ACM for all and any legal costs and other disbursements incurred during, or arising out of, the provision of the Services.
For the avoidance of doubt, if in relation to any Debt the Services are terminated either:
- by the Client otherwise than in accordance with ACM's express recommendation; or
- by ACM in accordance with Clause 5(f)
the Client shall pay the Legal Costs and the Handling Fee. The Handling Fee shall be determined by ACM at their sole discretion, provided that it shall not exceed the Commission Fees that would be payable by the Client if the Debt had been recovered in full (in addition to any liabilities owed by the Client pursuant to this Clause).
8. Recovery payments
- Any monies recovered by ACM in performance of the Services will be paid into a general ACM collection account and any Fees, or part thereof, together with other fees and expenses of any Agent shall be discharged out of the monies held in that account.
- Upon receipt of the monies recovered by the Agents ACM will account to the Client on a net monthly basis in respect of the monies received, under Clause 8 (a). in excess of fees and charges due and payable.
- No interest is payable on monies held in the ACM collection account.
9. Termination of services
The Client may give written notice at any time to ACM to terminate the Services. The Client shall be responsible for all Fees, expenses and costs incurred and accruing as a result of the termination and shall forth with pay those Fees, expenses and costs to ACM and any nominated Solicitor, as appropriate.
ACM reserves the right to terminate the Services at any time at its sole discretion and without specifying any reason therefore. ACM will usually endeavour to notify the Client of the reason.
10. Limitation of liability
- These Terms and Conditions shall be between ACM, its servants or agents, and the Client and shall not be capable of assignment or transfer in whole or in part by the Client without the prior written consent of ACM.
- All information and advice given by ACM, its servants and agents is provided in the utmost good faith.
- Neither ACM, its servants or agents shall be liable for any direct or indirect losses or damages of the Client whether pure economic loss, consequential loss, or otherwise, arising from the Services.
- Subject to the provisions of the Unfair Contract Terms Act 1977, all warranties, conditions, representations whether written or oral, or other terms implied by statute or common law are excluded to the fullest extent permissible by law.
- To the extent that the law does not permit the liabilities concerned to be excluded and save as otherwise expressly provided, ACM's entire aggregate liability for all claims arising out of these Terms and Conditions shall be limited to an amount equal to the Fee payable by the Client to ACM in respect of the Debt in respect to which the liability has arisen.
- ACM may, at any time and at its absolute discretion, terminate the provision of the Services if the Client has petitioned for, commits any act of, or is adjudged to be bankrupt or insolvent in any jurisdiction.
- ACM may, at any time and at its absolute discretion, terminate the provision of the Services if the Client is the subject of any receiving or administration order, or if the Client enters into any composition or arrangement with its creditors.
- In the event of ACM exercising its absolute discretion under Clauses 11(a) and (b), such action shall not prejudice any rights and remedies otherwise available to it.
Either ACM or the Client may serve notice upon the other by facsimile transmission or ordinary pre-paid first class post at the registered office or normal place of business of the other party. Facsimile transmissions are deemed to have been received at the time of the transmission. Post is deemed to have been received the next working day after the day of posting.
13. Force majeur
In the event that the provision of Services is frustrated or is incapable of performance, through any act or omission not being of the making of either ACM or the Client and beyond the control of ACM or the Client, the provision of the Services shall automatically terminate subject to the payment of Fees and expensed incurred and accruing to the date of termination.
- These Terms and Conditions shall be subject to, construed and interpreted in accordance with the laws of England and Wales and, unless otherwise agreed, the High Court be the court of competent jurisdiction.
- Where the Debt is collectable within the European Union, ACM may, at its absolute discretion, nominate another jurisdiction as provided under the Brussels Convention.
- Where the Debt is collectable outside the European Union, ACM may, at its absolute discretion, nominate the courts of the competent jurisdiction.
- No delay or failure by ACM in enforcing any provision of the Contract shall constitute a waiver of that provision or any other provision. No waiver by ACM of any breach by the Client shall be considered as a waiver of any subsequent breach of the same or any other provision. No waiver by ACM shall be effective unless in writing.
- If any provision of the Terms and Conditions is held by a competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of the Terms and Conditions and the remainder of the provision in question shall not be affected.
- These Terms and Conditions (together with any documents referred to in them) constitute the whole agreement between ACM and the Client relating to its subject matter and supersede any prior agreements or understandings. No variations shall be effective unless made in writing signed by ACM and the Client and expressing an intention to vary these Terms and Conditions.
- The Client acknowledges that it has relied solely on the provisions of these Terms and Conditions in entering into the Contract and that no reliance has been placed on any representation, warranty, statement or undertaking given by ACM, its professional advisors, agents or employees not contained in these Terms and Conditions. The Client irrevocably and unconditionally waives any right he may have to claim damages for any misrepresentation not contained in these Terms and Conditions or breach of any warranty not contained in these Terms and Conditions unless such misrepresentation or warranty was made fraudulently and/or to rescind these Terms and Conditions.
- Nothing in these Terms and Conditions shall confer on any third party any benefit or the right to enforce any provisions of these Terms and Conditions.