Debt Recovery & Pre-Litigation Service Terms & Conditions
This agreement is made between:
1. Top Service Ltd (company registration number 03662973) and includes the trading style TS Legal (pre-litigation service) of 2-3 Regents Court, Far Moor Lane, Redditch, Worcestershire, B98 0SD hereafter referred to as “we”.
2. And where a Top Service Ltd customer (subscriber), or any company relating to a Top Service Ltd customer engages our services in a collections capacity via telephone, email, or website hereafter referred to as “you”.
1.1 Instructions are sent to us via our website, by email, by telephone or by fax.
1.2 Once an instruction is received it is processed within 24 hours (excluding weekends, bank holidays and the period between Xmas Eve & New Years Day).
2. Cancelling an Instruction
2.1 In the event you require us to cancel your instruction no charge for any payments received will be made, provided the cancellation is received within a 48 hour period from the instruction being received by us (provided the payment has been made direct to you and not via us).
2.2 Instructions cancelled outside of this 48 hour period will be subject to commission if a payment has been received.
3. Our Obligations
3.1 We will accept an instruction from you to act on your behalf to recover a debt and any interest, compensation and other charges, provided the debt is still collectible by law. Examples of a debt being uncollectable are: the debt is subject to the Limitation Act 1980, the debtor company is now in Liquidation or other form of insolvency. We will contact you as soon as we are aware of any potential problems with a case to seek either further instruction from you or to offer advice on alternative action.
3.2 We will keep you informed on a regular basis and inform you immediately of any payments we receive.
3.3 All cases can be viewed & tracked via our website using the secure login details provided to you. If you have any difficulties in using our website, assistance is available from our helpdesk team (01527 518800).
3.4 We will use all reasonable and legally compliant endeavours to recover the debt on your behalf. We take legal compliance very seriously. We are an affiliate member of the Credit Services Association and we are registered under the Data Protection Act 1998.
3.5 Unless otherwise instructed by you, we will seek confirmation from you regarding settlements, staged payments or escalation to the next level of collection.
4. Your Obligations
4.1 You will provide us with the minimum information required to process the instruction.
4.2 From time to time we may require further information (copy invoices, agreements, etc.). Requests for extra information may be made in order for the case to be dealt with effectively (if this information was not provided with the original instruction). You agree to provide this information as quickly as possible in order for us to maintain an efficient and effective service.
4.3 Information provided to us by you will be as accurate as possible and will give a true reflection of the background of a case.
4.4 You should endeavour not to make contact with the debtor once an instruction is sent to us. If the debtor contacts you direct you should inform us of any negotiations, discussions, agreements, payments promises, etc., that are made.
4.5 When you receive a payment from a debtor you should inform us as soon as possible by telephone, by email or via our website.
4.6 It is your responsibility to ensure that any information passed to us is compliant with current ICO regulations for data protection. Further information can be found at https://ico.org.uk/for-organisations/guide-to-data-protection/
4.7 It is your responsibility to indicate whether you require us to collect either contractual or statutory interest & compensation or any other charges that you are legally entitled to. We may require a copy of your terms & conditions and / or contract.
5. Charges & Payments Received
5.1 We charge commission (no collection, no fee) on payments made by the debtor immediately after an instruction is received. The commission table is outlined below:
5.2 Discounts on commission rates may be negotiated for large volumes of instructions.
5.3 Debtor cheques made payable to us will be banked in a separate client bank account. Upon clearance the full amount will be transferred to you electronically.
5.4 Debtor cheques sent to us, but made payable to you, are forwarded to you by first class post within 24 hours (excluding weekends and bank holidays).
5.5 You will be invoiced at the end of each calendar month for any commission incurred during that month. Negligible amounts of commission will be carried forward to the following month.
6. Complaints & Disputes
6.1 In the unlikely event you are dissatisfied with the service you receive please contact our Debt Recovery Manager by email firstname.lastname@example.org, by telephone 01527 518802 or by post to The Debt Recovery Manager, Top Service Ltd, 2-3 Regents Court, Far Moor Lane, Redditch, Worcestershire, B98 0SD. A copy of our complaints procedure is available upon request.
6.2 If you have a query with a commission charge please contact our accounts department as soon as possible by email email@example.com or by telephoning 01527 503996.
Please note that calls made to and from our switchboard are recorded for training, monitoring and compliance purposes. Telephone calls are securely stored for a reasonable period, along with all website and email instructions. This information may be taken into account should any queries be raised.