Terms & Conditions (to print this page click here)

Terms & Conditions that apply on instructing Capitol Commercial Collections Limited to attempt recovery of debts:-

1. Here and after the agency, Capitol Commercial Collections Limited will be known as CCC, the instructing entity/person utilising any of the services provided by the agency will be known as the client.
2. This is a binding contract between CCC, and the client and the Laws of The United Kingdom/EU shall apply.
3. All Terms are to be complied with from the time an instruction is sent to CCC.
4. All debts passed for collection will be subject to the commission rates stated overleaf. (Rates are subject to change, rates will apply as at the date of instruction).
5. Whilst every effort is made by CCC to recover outstanding debts, no guarantee of recovery is either made or implied.
6. CCC shall be indemnified by the client for any actions that may prejudice CCC’s ability to collect, taken by itself, the client, the debtor or its agents due to, but not inclusively, the supply of inaccurate or incomplete debt information. If such prejudiced action occurs, in addition to the client indemnifying CCC fully for any ramifications, CCC reserves the right to charge such commissions that would be due as if the debt(s) had been collected in full.
7. Once a debt has been passed to CCC, all monies that are recovered by the client from whatever source are subject to commission at the stated rate.
8. If the client ceases to pay its debts in the ordinary course of business, or cannot pay its debts as and when they become due, or being a limited company, is subject to a winding up petition or order, liquidation or receivership, or being a non limited concern, is subject to bankruptcy procedures, CCC, without prejudice to other remedies, shall have the right to (i) not proceed with the contract or any other work for the client and is entitled to charge for the work already carried out (whether completed or not) and such charge(s) are an immediate debt due, (ii) contra from monies held in respect of all unpaid debts due from the client.
9. The time for CCC to perform any obligation under the contract shall not be the essence of the contract.
10. Once a debt has been passed to CCC for collection, if it is withdrawn prior to a collection being made for any reason whatsoever, if recovery procedures are hindered due to the lack of response from the client for requested information, or incomplete or inaccurate information is supplied by the Client, or if a debt is withdrawn prior to CCC recommending termination of action, commission will be due at the stated rates as if the debt had been collected in full.
11. CCC reserves the right to accept settlement of any debt(s) by instalments. Where interim payments are received, each payment is subject to commission at the stated rate or at the discretion of CCC, a 5% surcharge or £20 minimum charge per instalment may be applied.
12. Any additional services (tracing, credit checking, pre legal reports etc.) requested by the client will be chargeable by CCC to the client at the stated charge/rate.
13. No debt will be passed for cost work without the prior written consent of the client.
14. Foreign rates apply to Eire
15. Where goods that relate to a debt are subsequently returned to the client after the date of instruction of CCC, or a balance is written off, or a credit is issued, CCC reserves the right to charge the commission that would apply as if the debt had been recovered in full.
16. All invoices issued by CCC are due for settlement 7 days from the invoice date. Unsettled accounts, not withstanding any remedies that are available under current UK legislation relating to late payment of invoices, shall attract, at the discretion of CCC, a penalty of 2% per month, or part there of, until settled in full.
17. Where a cheque made payable and banked by the client to settle a debt fails to clear upon presentation and is invoiced by CCC, a credit will only be raised when notification in writing is given to CCC within 7 days of the cheque being returned to the client by their bankers.
18. CCC reserves the right to decline to work any debts(s) without having to give a reason.
19. CCC is hereby authorised to receive cheques and other instruments of payment on behalf of its clients, to bank such money into their Collection Accounts, allowing at least 14 days for clearance, remitting such sums, subject to deductions for commission due, costs, disbursements, out of pocket expenses and any other outstanding sums due to CCC or its associates by the client.
20. CCC accepts instructions from clients within the EU on the basis that they comply with all Country and EU legislation and are registered under the relevant Data Protection Act to both pass information and receive response from CCC.
21. CCC reserves the right to pass debt details to third party agencies where such intervention will assist the recovery process. Notice of transfer will only be given to the client if such transfer affects the commission rate or there is a cost implication to the client.

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