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Advocate Terms and Conditions of Business

 

Definitions

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

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

3. All references to the “Act” shall 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;

4. “Late Payment Charges” shall mean compensation, interest and recovery costs pursuant to the Act.

 

Service

5. Advocate’s debt recovery and collection  procedures are fully compliant with current  legislation and are carried out in accordance with the Credit Services Association’s code of practice;

6. Advocate shall provide debt recovery and collection services to the Client on a no cost basis, no fee, commission or charges will be payable by the Client;

7. Advocate will be subrogated to the Client’s entitlement to receive Late Payment Charges from the debtor, and the Client acknowledges that Advocate will be entitled to retain any such Late Payment Charges recovered.

 

Payments

8. Advocate operates an audited Client bank account;

9. 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;

10. 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;

11. 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.

 

Authority

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

13. 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;

14. 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.

 

Liability

15. 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;

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

17. 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;

18. 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;

 

Debt Recovery

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

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

21. Where a payment received directly from the debtor includes Late Payment Charges, the Client agrees to forward the Late Payment Charges to Advocate within 7 days;

22. Where a payment for the principal debt, but not Late Payment Charges is received directly from the debtor, the Client undertakes that it shall not prejudice the right of Advocate to pursue the debtor for payment of the Late Payment Charges;

23. The Client, upon receiving direct payment of the principal debt but not Late Payment Charges shall be entitled to request that Advocate shall not pursue the debtor for payment of the Late Payment Charges, whereupon Advocate will invoice the Client for a sum equivalent to the Late Payment Charges relevant to the principal sum referred to Advocate for collection;

24. 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.

 

Litigation

25. 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 applicable;

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

27. 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;

28. 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.

29. 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;

30. It is the Clients 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.

 

Termination

31. 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.

 

Confidentiality

32. 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;

33. 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;

34. 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.

 

Complaints

35. Advocate undertakes to investigate complaints promptly and comprehensively in accordance with their complaints procedure. Complaints or disputes that cannot be settled through this procedure may be referred to the Credit Services Association.

 

Return to the Submit a Debt form to accept our Terms and Conditions and complete your Instruction

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