Debt Recovery Specialists

Direct Debt Management - Terms and Conditions

1. I the client hereby instruct DIRECT DEBT MANAGEMENT, who’s registered office is at 15 Wellesbourne, Tamworth, Staffordshire B79 8SP [‘DDM’] to commence immediate recovery action and to act on our behalf in recovering the Debt.
2. This is a binding contract between the Client and DDM and the Terms and Conditions are to be complied with in all stages of collection. By signing this document the Client confirms it has read and fully understood the Terms and Conditions.
3. DDM will determine the most suitable collection method(s) and shall use all reasonable endeavours to recover the Debt on behalf of the Client. Whilst every effort is made by DDM to recover outstanding monies within reason and cost effectively, no guarantee is either expressed or implied that such money will be recovered.
4. DDM will account to the Client for all sums recovered from the Debtor in respect of the Debt within 28 days of such sums clearing DDM’s bank account after deducting from such sums any amounts due but unpaid to DDM from the Client under this Agreement.
5. The Client must not make any communication with the Debtor or take any action either itself or through a third party which may prejudice DDM’s ability to collect the Debt. If the Debtor attempts to contact the Client, the Client must immediately refer the Debtor directly to DDM. If any term is broken, this is liable to prejudice DDM’s ability to collect and charges will be due to DDM as if the Debt was collected in its entirety. Any work undertaken by the Client and/ or any third parties shall not affect the Client’s liability to pay DDM’s fees.
6. In the event that the Client instructs DDM to employ lawyers and/ or agents, the Client will be liable for the fees incurred by lawyers or agents. This is in addition to the amount due to DDM. DDM will inform the Client in advance of the probable costs and obtain the Client’s consent in advance. The Client irrevocably authorises and directs any Solicitor(s) appointed to pay all monies recovered from the Debtor to DDM.
7. The Client will pay DDM for acting on its behalf in the recovery of a Debt:
   1. The agreed fee
   2. any disbursements (for example enforcement fees, agents fees, travel costs, etc.) agreed in advance with the Client.
8. All charges are exclusive of VAT.
9. The Client will pay DDM the sum of £500.00 upon signing this agreement to cover disbursements (for example travel expenses) anticipated. A full account and credit will be given upon conclusion.
10. In the event that the Client is prepared to accept goods or services in lieu of payment of a debt, or receives payment via a third party, including if a legal claim has been secured and an asset is created on behalf of the Client, DDM shall charge the Client for the value of the goods, services or monies received, at the above given rate.
11. The Client irrevocably authorises DDM (and any Solicitors instructed by the Client) to deduct and withhold from any money paid by or recovered from the Debtor in respect of the Debt (or interest or costs) all fees due to DDM.
12. The Client irrevocably authorises DDM to accept full and final settlement on behalf of the Client should DDM believe that it has negotiated a reasonable settlement figure and it is in the Client’s best interests to accept.
13. This Agreement shall remain in effect until (i) the whole amount of the Debt (with all interest thereon) has been paid by or recovered from the Debtor and all fees and such sums due to DDM have been paid, (ii) DDM give written notice to the Client to terminate this agreement, or (iii) the Client shall be declared bankrupt or in the case of a company be dissolved or put into liquidation. Termination of service will not prejudice the right to be paid for any charges or costs incurred up to the date of such termination.
14. In the event that the Client wishes to withdraw instructions from DDM prior to DDM’s recommendation that activities should cease, charges will be due to DDM as if the Debt was collected in its entirety.
15. DDM shall not be liable for any losses (including consequential losses). All commissions, terms, representations or warranties relating to the services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these Terms and Conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded to the extent applicable under UK law. The time for DDM to perform any obligation undertaken by acceptance of the Client’s instructions shall not be the essence of the Agreement.
16. By agreeing to these Terms and Conditions the Client’s statutory rights are not affected.