Advocate Terms and Conditions of Business

1. Definitions

1.1. These terms and conditions apply to the collection and recovery of commercial debts by Advocate (“Advocate Commercial Debt Recovery”, “we” or “us”) for the Client;

1.2. The “Client” means any company, organisation or partnership using the services provided by Advocate;

1.3. All references to “Late Payment Legislation” mean The Late Payment of Commercial Debts (Interest) Act 1998 as amended by The Late Payment of Commercial Debts Regulations 2014, as may also in future be amended or consolidated;

1.4. All references to “Late Payment Charges” mean compensation, interest and debt recovery costs pursuant to The Late Payment of Commercial Debts (Interest) Act 1998 as amended by The Late Payment of Commercial Debts Regulations 2014, as may also in future be amended or consolidated.

2. Service

2.1. Advocate will provide debt recovery and debt collection services to the Client.

3. Charges and Costs

3.1. On behalf of the Client and in accordance with Late Payment Legislation, Advocate will Claim from the debtor Late Payment Charges;

3.2. The Client will receive payment equal to 100% of the principal invoice sums when a debt is paid;

3.3. Advocate are subrogated to the Client’s entitlement to receive Late Payment Charges and will retain payment equal to the sum of any Late Payment Charges paid by the debtor.

4. Authority

4.1. The Client undertakes to provide Advocate with the appropriate consent and authority, whether in writing, by electronic media or instructions received via the Advocate website;

4.2. The Client agrees to provide Advocate with supporting documentation to validate the existence of a lawfully due debt within a reasonable timescale after it first having been requested;

4.3. Advocate are authorised by and on behalf of the Client to recover debts, collect payments and issue receipts in relation to the Client’s debtor;

4.4. Where agreed with the Client in advance, Advocate will accept from the debtor settlement of the debt by instalments and collect each instalment as it becomes due.

5. Payments

5.1. Payments received by bank transfer will be forwarded to the Client via a same day bank transfer on the same working day that the payment is received, provided that the payment is received before the close of business;

5.2. Payments received by debit or credit card will be forwarded to the Client via a same day bank transfer as soon as the funds have cleared and normally in 2 working days;

5.3. Payments received by cheque will be forwarded to the Client via a same day bank transfer as soon as the funds have cleared and normally in 4 working days.

6. Client Obligations

6.1. The Client must notify Advocate immediately if there is any change in the amount due in respect of any debt passed to us for collection or recovery;

6.2. The Client must notify Advocate immediately where any payment is received directly from the debtor;

6.3. If the Client receives payment directly from the debtor that includes Late Payment Charges, the Client agrees to forward the Late Payment Charges to Advocate within 7 days;

6.4. If the Client receives payment directly from the debtor that does not include Late Payment Charges, the Client undertakes that they shall not prejudice the right of Advocate to pursue the debtor for payment of the Late Payment Charges;

6.5. Should it be necessary for Advocate to issue legal proceedings against the debtor to recover payment of the Late Payment Charges, the Client agrees to transfer its entitlement to claim the Late Payment Charges by signing a Deed of Assignment;

6.6. The Client, upon receiving payment directly from the debtor that does not include Late Payment Charges will be entitled to request that Advocate shall not pursue the debtor for payment of the Late Payment Charges, whereupon the Client will be liable to pay Advocate a commission of 10% plus VAT of the principal debt within 7 days;

6.7. Should the Client accept payment of the principal debt but not the Late Payment Charges directly from the debtor in full and final settlement of the debt, the Client will be liable to pay Advocate a commission of 10% plus VAT of the principal debt within 7 days.

7. Liability

7.1. The Client must recognise that whilst every effort is made by Advocate to recover a debt, no guarantee is either expressed or implied that such money will be recovered;

7.2. The time Advocate takes to perform any obligation under this contract shall not be the essence of the contract;

7.3. Reports or information provided to Clients may, in whole or part represent expressions of advice or opinion based on data supplied by third parties, the accuracy of which Advocate will be unable to verify in every case. We will accept no liability for any errors therein or omissions therefrom;

7.4. Advocate will not be liable for any loss or damage whatsoever as a result of the Client’s use of any report or information supplied by us.

8. Litigation

8.1. The Client’s debtor(s) may be notified of possible legal action against them. Legal action may take the form of County Court proceedings or Insolvency proceedings where appropriate;

8.2. The Client is under no obligation to issue proceedings against a debtor;

8.3. If a case is recommended by Advocate for litigation, no action will take place without the Client’s approval, and only after all legal tariffs have been discussed and agreed upon by both Advocate and the Client;

8.4. The Client may expect to receive invoices from Advocate to fund the cost of legal action, in the form of Court fees and other disbursements as may be required from time to time to progress matters;

8.5. It is accepted that the Client will be notified in advance of any additional costs or fees the Client is likely to incur as a result of legal action;

8.6. It is the Client’s responsibility to advise Advocate where any payment is received directly from the debtor after legal action has been instigated. We will not accept liability for any unnecessary costs, which might arise as a result of any such failure to notify us.

9. Termination

9.1. Any failure by Advocate or the Client to comply with these terms and conditions shall be a fundamental breach of the contract between Advocate and the Client, and shall entitle Advocate or the Client to terminate the contract.

10. Confidentiality

10.1. All information given by the Client to Advocate will be treated as strictly private and confidential and will be subject to the regulations as outlined under the Data Protection Act;

10.2. All information provided by Advocate under these terms and conditions shall be treated in confidence by the Client and shall not other than by County Court Order be communicated, copied or otherwise divulged to any person or party whatsoever;

10.3. This contract shall be governed, construed and enforced in accordance with English Law, which shall be the proper law of this agreement. Both parties hereby submit to the exclusive jurisdiction of the English Courts.

11. Complaints

11.1. Advocate undertakes to investigate complaints promptly and comprehensively in accordance with their complaints procedure.