Terms and Conditions of Business for Stobbs Brown Limited
1. General
1.1. These Terms and Conditions of Business, unless varied in writing, set out the basis upon which we will carry out work on your behalf.
1.2. In these conditions, the expressions ‘we’, ’us’ and ‘our’ refer to Stobbs Brown and ‘you’ and ‘your’ refer to you, our client.
1.3. These Terms and Conditions of Business appear on our website www.stobbsbrown.co.uk, a written copy is available on request from our business address.
2. Use of our Website
2.1. It is important to remember that all content on our website is subject to copyright owned by Stobbs Brown Limited. Whilst we permit you to make copies or print parts of the site for your own information purposes no part of our site may be reproduced for any other purpose.
2.2. At times, this website contains links to other websites, these links are provided in order to further explain points of interest within the website. A link to an external website does not signify that Stobbs Brown takes any responsibility for the content of the linked website.
2.3. Our website is made available on the basis that we exclude ourselves, where permitted under law all liability for any loss or damage, howsoever arising out of use of this website or reliance upon the information it provides.
3. Our Fees – Non Credit Control Clients
3.1. The way we structure our fees changes dependant upon how we work with you. This subsection covers clients who are NOT paying a fixed monthly amount for Credit Control services.
3.2. Our fees for sending out a Letter Before Action are clearly marked on our website. This payment can be made by Credit or Debit Card through our website using payment services provided by Paypal. Alternatively, payment can be made by cheque or by bank transfer. However, no letter will be issued until payment into our account has cleared. For further details of these payment options please contact us.
3.3. When a Letter Before Action is unsuccessful, and we are instructed to start proceedings under our ‘No Recovery, No Fee’ option we, from this point request that the debtor pays the outstanding amount directly to us, Stobbs Brown Limited. Once we receive the payment, and it has cleared within our account we will issue a cheque to you for the original balance, less our commission. A break down of our commission can be viewed on our website at any time. Before entering into this stage of proceedings a break down of the amount you will get back will be provided.
3.4. At our discretion, we may, when we receive a payment from your debtor, charge a small payment processing fee of £2 to cover transaction costs.
3.5. If for any reason, an outstanding amount is paid directly to you, we will issue an invoice for any commissions outstanding; this invoice must be settled within 14 days of issue. If we are not paid within 35 days of the date of our invoice, we reserve our statutory right to interest and compensation where the Late Payment of Commercial Debts Interest Act 1998 applies.
3.6. Where we are engaged to work outside of the scope of our standard services detailed on our website, our fees will be charged on the basis set out in our terms of engagement letter or email which will apply to the work which we subsequently carry out on your behalf. Whenever possible, an estimate of fees will be given in advance. Any verbal estimate will be confirmed in writing. When the work is completed, we will issue an invoice for the fee payable. This invoice must be settled within 14 days of issue. If we are not paid within 35 days of the date of our invoice, we reserve our statutory right to interest and compensation where the Late Payment of Commercial Debts Interest Act 1998 applies.
3.7. Unless your status or location gives rise to exemption from VAT or application of a zero, or special rate, VAT will be payable, where applicable on all fees and expenses at the rate prevailing on the appropriate tax invoice date. Please note that the charges for issuing a Letter Before Action on our website include VAT.
4. Our Fees – Credit Control Clients
4.1. When agreeing for us to act on your behalf for your collection of outstanding invoices we will set out a monthly fee.
4.2. An invoice will be issued on a monthly basis in advance for the agreed amount. This invoice is payable immediately. We recommend a standing order, or we can repeat bill using Credit or Debit Card details provided via our payment provider Paypal.
4.3. In order to cancel your service with us, we require 30 days notice in writing, at which point your account will be suspended and no further work will be carried out. Your online account will remain active so you can access information on past cases referred to us, but no further instructions will be able to be issued. This online account will be deleted 12 months after cancellation, unless otherwise requested. For account access, after 12 months, an annual charge of £25 + vat will apply.
4.4. If an issued invoice is not paid within 14 days, your account will be suspended and no further work will be carried out. Your online account will remain active so you can access information on past cases referred to us, but no further instructions will be able to be issued. Your account access will be terminated 3 months from the date of the unpaid invoice.
4.5. If we are not paid within 35 days of the date of our invoice, we reserve our statutory right to interest and compensation where the Late Payment of Commercial Debts Interest Act 1998 applies.
5. Limitation of our Liability
5.1. Stobbs Brown is a Limited Company registered in England and Wales. All our advice and any representation are provided by the limited company and not by any individual within the company. No personal responsibility attaches to any individual employee. The liability is that of the company only.
5.2. We will provide credit control advice, and debt recovery services to you with reasonable skill and care. We are not liable for any losses or damages incurred as the result of a debt not being paid by one of your clients.
6. Conflict of Interest
6.1. An actual or potential conflict between your interests and the interests of another client of the company may arise during the course of a matter. If this situation arises during our dealings with you, we will discuss the position with you and determine the appropriate course of action. In order to protect your interests, we may have to stop acting for you on the matter.
7. Dispute Resolution
7.1. In the event that a debt, which we are recovering on your behalf is disputed we will discuss with you the position and determine the best and most appropriate course of action. Where possible, we will assist you in coming to a reasonable settlement with your debtor. Where this is not possible, we can refer your case to a Solicitor who will be best able to advise you.
8. Data and File Storage
8.1. We hold data about our clients. We use it for the provision of advice and for marketing our debt recovery and credit control services only. We shall keep all confidential information safe at all times and shall not disclose it unless required to do so in compliance with the law.
8.2. Everything you tell us about your clients and your business is treated by us as confidential except where we are compelled to disclose it by law.
8.3. In some circumstances, we may verify your details, and your clients’ details with Credit Reference Agencies.
8.4. If you require further information about data we hold, or copies of information held about you or your clients, please request this in writing from the Data Controller at our business address.
9. Money Held By Us
9.1. All monies received from your debtors is held in a Client Account with Barclays Bank Plc. Once any monies have cleared a cheque will be issued to you for the outstanding amount within 5 working days.
10. Complaints
10.1. If you have any comments or concerns about the services that we provide, or, you wish to discuss any aspect of the way in which your instructions are being handled and you do not wish to raise these with your account manager, please contact the Managing Director at our business address.
11. Court Action
11.1. Should Court action be commenced, Stobbs Brown can instruct a Solicitor on your behalf. This Solicitor will undertake all aspects of the proceedings and any fees will be payable by you, directly to that firm. The Solicitors own terms of engagement will apply, and should be requested from them upon the commencement of any action.
12. Email Communication
12.1. If you have the necessary facilities we will sometimes use E-mail for communication with you unless you tell us not to.
12.2. If certain communications should not be sent over the Internet please let us know.
12.3. Viruses or other harmful devices may be spread over the Internet. We take reasonable precautions to prevent these problems by use of a fire wall and virus checking software. If we are to communicate by E-mail, it is on the basis that you will do likewise.
13. Law and Jurisdiction
13.1. Sending instruction to us, to act on your behalf shall amount to an acceptance of these terms and conditions and any terms and conditions stipulated elsewhere by the Customer shall be void insofar as they are inconsistent with these terms and conditions.
13.2. No waiver or indulgence by the Company shall be effective save in relation to the matter in respect of which it was specifically given.
13.3. The contract which incorporates these conditions shall be construed under and governed by the law of England and the parties submit to the exclusive jurisdiction of the English courts.
13.4. Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at 72-80 Corporation Road, Middlesbrough, TS1 2RF.
13.5. If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.