Debt Recovery Terms And Conditions Of Business
PLEASE NOTE THAT OUR SERVICE IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS
The letter before action fee is payable upon your instructing us to pursue the debt. This fee will cover the issue of a letter before action and the processing of any payment by the debtor or negotiation and arrangement of payment by instalments. It will also include the supervision of any instalment arrangement
If the debt is disputed after receipt of the letter before action then work dealing with the dispute is chargeable at either Partner or Trainee Legal Executive/Paralegal Rate as set out in the Crossmans General Terms and Conditions of Business below. Upon a dispute arising, the debtors response detailing the dispute will be forwarded to you with a request that you either instruct us to deal with the dispute or instruct us to proceed to issue County Court proceedings.
Upon issue of County Court proceedings, we will invoice you for the fixed costs that appear on the Claim Form. These are the legal costs that you are entitled to recover from the debtor. This fee will include, if appropriate, negotiations or payment by instalments. Further fixed fees are chargeable on entry of Judgment and enforcement of the Judgment, depending on the different methods of enforcement used. We will only invoice you for fixed fees that you are entitled to recover from the debtor.
If a Defence is filed then we will write to you and send you a copy of the Defence. You will at that stage have three choices namely:-
- To take over the conduct of the matter yourself.
- To instruct us to negotiate settlement which will be undertaken at the appropriate hourly rate set out in the general Crossmans Terms and Conditions of Business.
- To instruct us to proceed with the litigation which will be undertaken at the appropriate hourly rate set out in the Crossmans General Terms and Conditions of Business.
The Trainee Legal Executive/Paralegal hourly rate will only apply up to the point of completion of the Allocation Questionnaire. Thereafter, the matter is a litigation matter and it will be dealt with by a Partner or Solicitor in our Litigation Department. The Crossmans General Terms and Conditions of Business will apply.
Please note that where costs are payable (see the Debt Recovery Fees and Charges Leaflet), even if recoverable from the debtor, they will be the responsibility of you or your company in the first instance, and in respect of which invoices will be submitted by this firm as these are incurred. Your agreement to these terms and conditions gives your authority for us to deduct outstanding accounts due on any matter from any monies recovered on your or your company’s behalf.
In all instances not covered by these specific Debt Recovery Terms and Conditions, the general Crossmans Terms and Conditions of Business (PDF) will apply.
Please also refer to our Debt Recovery Fees and Charges.