Terms and Conditions of Business
These Business conditions are applicable to all Debt-Removal.net clients. Debt-Removal.net is part of the Debt Support Service Ltd group; they could be added to or changed by particular terms for some of our other services, of which You will be notified.
1. Appointment and Term:
(i) You appoint Us as Debt Advisors and We agree to act on Your behalf and to provide our services.
(ii) This agreement will start once You confirm Your acceptance of these Terms of Business either by telephone or by returning the completed Letter of Authority Form or if earlier, the day when We receive the Set Up Fee from You in Cleared Funds,
(iii) At Debt Support Service Ltd, due to the distance selling laws, You have the right to cancel Your agreement at any time during the first 7 Days of the term. "Days" here include Saturdays, Sundays and public holidays. This can be done by writing into Us at Debt Support Service Ltd, Adamson House, Wilmslow Road, Didsbury, Manchester, M20 2YY.
2. Debt Support Service Ltd will:
(i) Use the information sent by You to Us. Your income, outgoings and living expenses will be reviewed and this will allow Us to ascertain a Monthly Payment which will be affordable to You. We will then issue You a draft Repayment Plan to notify You of the types of debt that we can help with.
We will include an estimate of the total fees payable by You to Us for the services that will be provided under this agreement, and We will also show You an estimate of how long It will take for your creditors to be repaid.
(ii) Once the agreement starts, We will inform your creditors of our involvement and will attempt to agree with them reduced repayments. We will, in particular attempt to get the interest and charges frozen, and any further or pending legal action on the account stopped.
We will strive, based on our experience and expertise of dealing with creditors, to provide You with as much assistance as possible.
(iii) Once We have received the Set Up Fee, We will then prepare and issue Your Repayment Plan usually within 28 days. This could vary depending on discussions with your creditors and the information that was originally provided by You.
(iv) Should your circumstances change and You become unable to meet the original Repayment Plan agreement. We will renegotiate with your creditors to arrange a revised Repayment Plan. We will review your situation every six months or occasionally your creditors may request a periodic review, which We will do for You on your behalf.
(v) We will provide You with a monthly statement, listing Your creditors, payments made to them, status of any negotiations We may have had with them, and the fees which We have charged You.
(vi) We shall keep You informed of all material communications between your Creditors and Us, and We will deal with all communications from your Creditors to Us (or to You and provided by You to Us) appropriately and promptly.
3. What happens to Your money:
We will distribute it monthly on a pro-rata basis to your Creditors as outlined in the Repayment Plan. A delay In any payment which is not beyond our control will result in appropriate action been taken to ensure We put You in the same position You would have been had the payment been made at the correct time. Any additional interest or default charges will be corrected.
4. What We will not do:
(i) We cannot lend You any further monies or offer credit facilities
(ii) We will not be able to assist on secured debts such as secured loans, mortgages, hire purchases, council tax (including arrears and those which have gone on to a debt collector), utility
bill (including arrears), rent (including arrears) and any other similar debts.
(iii) We will not normally arrange for anybody to attend any court hearing on your behalf unless We expressly agree with You to do so, and if so We will charge an additional fee for such a service as agreed with You in advance of the court hearing.
(iv) Whilst We try to agree a revised payment with your Creditors, as stated in section 2, your Creditors can still enforce recovery proceedings, charge interest and other charges.
5. What You must do:
(i) You must provide us with full, accurate and truthful details including net income, outgoings, dependants and Creditors. Details of any outstanding County Court Judgements, court proceedings or any threatened legal action against You. You must send original documentation where possible to confirm these details.
(ii) Make agreed Monthly Payments to Us as outlined in the Repayment Plan.
(iii) You must forward Us originals or copies of al correspondence You receive from your Creditors so that We can act on your behalf. We can only return originals if You request this prior to posting.
(iv) Throughout the term of the Repayment Plan, You must not make any payments directly to your Creditor unless We have been notified in advance and have agreed that these payments can be made.
(v) If your circumstances change, You must immediately make Us aware so that your Repayment Plan can be amended accordingly, this includes if your circumstances have improved. In order that any amendments can be made We will require 14 days notice.
(vi) Throughout the term, You must not apply to or take out further credit or incur further debts, whether on credit or otherwise, unless it relates to your normal living expenses.
6. How to cancel this agreement:
(i) You have the right to cancel this agreement as stated in paragraph 1(iii).
(ii) As stated in paragraph 1(iii) and 7(i) You may also end this agreement at any time by providing Us with seven days written notice, which You may serve at any time, whether or not in your opinion We have breached our obligations under this agreement. If a cancellation is made, We reserve the right to retain the Initial Fee.
7. How We may end this agreement:
We may end this agreement at any time by giving You Two Weeks written notice if any of the following occurs:
(i) You seriously breach the terms of the agreement or persistently make minor breaches of the agreement.
(ii) You fail to make two consecutive Monthly Payments.
(iii) You file a bankruptcy petition, You become bankrupt, make other arrangements or composition with your Creditors or make an application to a court of competent jurisdiction for protection from your Creditors.
8. Effect of terminating your agreement:
Upon the agreement ending:
(i) Any company obligations between You and Us will cease.
(ii) You will still be liable for any amounts outstanding that is owed to your creditors over and above payments made to them during the payment scheme.
(iii) You may within thirty days of the end of this agreement request Us to send You copies of all paperwork received from You or your Creditors that has been retained by Us as an electronic document.
9. What you will pay:
You will pay a Set Up Fee and then a monthly Repayment, which includes a Monthly Fee.
10. Personal Details:
(i) We can confirm that all confidential information supplied by You or creditors will not be passed on to anyone else without your permission as under the Data Protection Act.
(ii) If You have chosen to receive information by e-mail please be aware You are solely responsible for the security of your personal computer and every reasonable precaution must be taken to ensure no unwanted access to the information is allowed. If You feel that someone has accessed the information We have sent You or your computer is lost or stolen please contact Us immediately.
11. Data Protection Statement:
(i) Please read this statement carefully as it explains what personal information We obtain about You and how this information is Used.
(ii) Personal Information is gathered directly from You once the first contact is made and via Your Creditors as authorised with your Letter of Authority. Further information may also be obtained as a result of managing your Repayment Plan.
(iii) We will use your personal information to provide our Services to You, and in particularly to:
(a) prepare and issue to You your Repayment Plan
(b) negotiate with your Creditors on your behalf.
(c) keep You informed about your Repayment Programme and our services.
(iv) Subject to section 11(v) We may also use you personal information to contact You to provide You with details of other products and services which We think may be of interest to You, including those offered by selected third parties. We may share personal information with these selected third parties and they may contact You directly to provide You with details of such products and services.
(v) You may let us know if You do not want Us to use or disclose your personal information as set out in section 11(iv) or if you wish to amend the way in which we communicate with you.
(vi) The only information that will be disclosed is that required by law, court orders or as requested by other government or law enforcement authority, this includes any company or other entity to whom We may either transfer or subcontract any or all of our obligations to You under this agreement.
(vii) You can contact Us at any time by writing to the Data Protection Manager, Debt Support Service Ltd, Adamson House, Wilmslow Road, Didsbury, Manchester, M20 2YY for any information You require and also if You would like copies of any or all personal information We hold about You. We will charge You a fee of £10.
(viii) Please be aware that We may record and monitor your calls to maintain or improve our Services.
12. Other Conditions:
(i) By giving You written notice We may transfer our rights and obligations under this agreement.
(ii) All prior Agreements, understandings or arrangements (whether written or oral) will be superseded by this entire Agreement, this includes the provision of any services.
(iii) By entering into this Agreement You have acknowledged that any representation; promises or warranties specifically incorporated or contained in this Agreement except those definitively documented. We will offer no liability in relation to any other representation; promise or warranty made for this agreement. Entering into a Repayment Plans will cause you to go into arrears.
(iv) Credit files are held by credit reference agencies and adverse credit can affect your ability to obtain further credit and could possibly affect the cost of credit on items such as mortgages. Potential employers may also request credit files.
(v) If any event beyond our reasonable control prevents or hinders Us from performing our obligations under this agreement We shall not be deemed to have breached this agreement.Definition of terms
"Agreement" means the agreement between Us and You made on the Terms of Business.
"Cleared Funds" means any cash, cheques made payable to Us which We have received from You.
“Client Account” means the account where any monies are held on behalf of our clients are kept and which is not used for the for the purpose of our own business.
"Creditors" means all the businesses or people You have told Us You owe money to who are included in your Repayment Plan
"Fees" means Set Up Fees, Processing Fee and the Monthly Fees.
"Financial Statement" means a breakdown of your income and expenditure on a monthly basis.
"Letter of Authority" means the form enclosed with these Terms of Business; which We ask You to sign to give Us authority to contact your Creditors and to act on your behalf.
"Monthly Fee" means the monthly Fee payable for our Repayment Plan. This amount is equal to 15% of your Monthly Payment and is subject to a minimum of £25 or a maximum fee of £100.
"Monthly Payments" means the total amount, which is paid every month by You to Us throughout the Repayment Plan. This is made up of the Monthly Repayment to be made to your Creditors and our Monthly Fee as agreed with You,
"Monthly Repayments" means the share of the Monthly Payment to be paid by Us on your behalf to your Creditors.
"Processing Fee" means the £70 Processing Fee which is included in your first payment.
"Repayment Plan" means the programme of Monthly Payments by which You repay your Creditors through Us including our Fees.
“Services” means the services We agree to provide You with under this Agreement.
"Set Up Fee,” means up to the first two payments' which are made by you to Us, and which is not used to pay your Creditors.
“Term” means the period running from the start of this Agreement as explained in section 1 (ii) until we stop providing You with Services. An estimate of how long the term will last is sent out with your initial pack in accordance with clause 2 (i).
“Terms of Business” means these terms of business.
"You" means You the person entering this agreement of the Repayment Plan.
"Us" and "We" means Debt Support Service Ltd, whose registered address is Debt Support Service Ltd, 5 Grange Park Road, Cheadle, Cheshire, SK8 1HQ, registration number: 06812829 or anyone to whom We transfer our rights and obligations to whilst in this agreement.
13. This Agreement is governed by English Law.
For more information please contact: info@Debt-Removal.net