Credit Repair UK Debt Management Terms &
Conditions
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Terms and Conditions of Trading
The agreement between you and us is made on the following
terms:
1. Definition of Terms
You
Our client, whose name is recorded within the documentation
pack (and partner where any of the debts are in joint names).
Us
Credit Repair UK of 145 Walmersley Old Road, Walmersley, Bury,
Lancs, BL9 6SB Licensed under Consumer Credit Licence Number
616136. Data Protection Registration Number .
Creditors
Any and all of your unsecured creditors whose details you will
provide to us in accordance with section 3.
Debt Management
Programme
A plan of repayments produced by us in accordance with section
4.2.
Period
The period during which the Debt Management Programme is in
operation.
Fees
The fees to be paid by you to us in accordance with the Debt
Management Programme.
2. Agreement
2.1 You request us and we agree to provide you with a debt
counselling advisory and adjusting service in accordance with
these terms and conditions. You authorise us to negotiate on
your behalf with your creditors. This agreement shall continue
until final repayment of the Creditors is made in accordance
with the Debt Management Programme, unless it should have been
terminated beforehand in accordance with section 6.
3. Your responsibilities
3.1 You will provide to us on request with information relating
to your finances. This will include but will not be limited to
details of your income and expenditure, your Creditors and any
agreements you have with them, any loans or mortgages you have,
your dependants and any judgements made against you or any
other enforcement action being taken against you.
3.2 You will sign any necessary forms of authority or any other
documents so that we may negotiate with your Creditors on your
behalf and
3.3 You will pass copies of all correspondence from your
Creditors to us and keep us informed of any dealings you have
with any Creditors, whether we are negotiating with them or
not. Once the Debt Management Programme has been agreed, you
will not make any expenditure over and above your reasonable
living expenses as calculated in the Debt Management Programme.
You will not use your credit cards nor incur further debts.
3.4 You will consult with us in relation to your Debt
Management Programme of repayments and in relation to any
alterations to it or reviews of it. Your payments to us will
need to be amended to reflect any reasonable changes which your
circumstances dictate. You will make payments to us under and
in accordance with the Debt Management Programme promptly and
without any deductions.
3.5 On occasion your Creditors may not provide us with balances
of your accounts due to their own company procedures. If these
circumstances arise then you will obtain this information for
us and supply us accordingly.
3.6 We cannot be held responsible for any legal action taken
against you by your Creditors as a result of fraudulent or
incorrect information provided by you at the time of acquiring
a loan, HP agreement, credit card or any other form of credit.
3.7 Non contact from you will not be considered cancellation of
the agreement. If any funds are owing to you then written
confirmation will be required to release funds owing to you in
accordance with section 6 of this agreement.
3.8 If you do not maintain regular payments we will suspend any
action and payments on your account. Your Creditors may have to
be informed that payments are not being maintained. This may
result in your Creditors continuing legal action against you
for which we cannot be held responsible.
3.9 You remain responsible for continuing to pay any secured
loans, mortgages or Hire Purchase agreements and all household
bills (including insurances).
4. Our
responsibilities
4.1 We will review your finances, covering your income,
expenditure, debts, and assets. These must include all debts
secured on property or goods, which we will take into
consideration, but cannot, negotiate reduced payments on. We
will calculate your disposable income, based on reasonable
living expenses.
4.2 In consultation with you we will produce a Debt Management
Programme by which you can pay off your creditors out of your
disposable income at rates you can afford. The Debt Management
Programme will let you make monthly payments to us and will
take account of your Creditors and of our Fees. It will not
take account of any matters you have not told us about in
accordance with section 3. It will also take account of the
differing requirements of your different Creditors, if there is
more than one.
4.3 We will negotiate with your Creditors and attempt to agree
repayment terms with them of the amounts outstanding. In doing
so we shall use the Debt Management Programme and we shall
ensure that the periodic payments that we agree with your
Creditors on your behalf do not exceed your disposable income
(less our fee) as calculated by us for the same period.
4.4 We shall attempt to agree with your Creditors, where
appropriate, that they freeze or reduce their interest charges
and that they suspend or withdraw enforcement proceedings
issued in connection with your agreements with them. In rare
instances County Court proceedings may still be
actioned against you.
In
these cases we will assist in completion of all relevant
paperwork as required. We cannot guarantee
to stop legal action by your creditors.
4.5 The payments made to your Creditors will be reflected on
the statements you will receive from them. A full breakdown of
all payments we have made can be obtained on request.
4.6 Should your circumstances or any other relevant matter
change during the Period, we shall, in consultation with you
and your Creditors, review the Debt Management Programme and if
necessary shall make changes to it in agreement with you and
with any Creditors concerned.
4.7 From time to time your Creditors will request an update of
your financial situation. We will contact you to review your
current financial circumstances and update your Debt Management
Programme accordingly. To aid this process we request that
pay-slips are regularly forwarded to us for review.
4.8 All payments to us will be made into our Credit Repair UK
client account. This account is separate to our own business
accounts and funds held for distribution to your creditors will
be retained for that purpose only. No interest will be payable
to you on funds that we hold. At all times funds held for
distribution to your Creditors will be classed as client
monies.
4.9 During the negotiation process some creditors may continue
to charge interest and other recovery charges. We cannot always
prevent these charges being levied. These will however be paid
off as part of your debt management programme.
4.10 We can only provide advice on the services that we offer.
4.11 The company takes any complaint regarding its practices
very seriously. Any complaints should be sent in writing to the
Compliance Officer who will respond to correspondence within 14
days.
5 How we will be paid
5.1 An Initial Fee equal to 1 months disposable income, subject
to a minimum of £125 will be retained from your initial
payment(s) to your plan.
5.2 Thereafter a monthly fee equal to 17.5% of your monthly
agreed disposable income will be charged, subject to a minimum
fee of £25.00 and a maximum fee of £100.
5.2.1 If no payment is received from you for a period of 90
consecutive days, we will charge a further Initial Fee when you
rejoin the programme and monthly fees will apply thereafter (as
5.2)
5.3 In the case of weekly payments, the monthly fee will be
calculated by multiplying the weekly payment by 52 weeks,
dividing the total annual payments due by twelve and charging
17.5% of the resultant figure subject to the minimum and
maximum amounts stated in 5.2 above
5.4 If this agreement is ended in accordance with section 6, we
will return any undistributed funds after having deducted the
above fees and you will not have to pay us any more money. This
will be made within 30 days of receiving written confirmation
in order to allow us time to process all receipts and payments
on your account.
6 Termination of agreement
6.1 On receipt of your first payment we will issue to you a key
features document and estimated fees schedule. If for any
reason you wish to cancel we offer a seven-day cooling-off
period from the date of this letter in which we offer a full
refund of any fees which we have taken.
6.2 After the seven-day cooling off period you may end this
agreement by giving us four weeks notice in writing.
6.3 We may end this agreement by giving you four weeks notice
in writing if any one of the following things happens:
1 You breach this agreement and do not remedy the breach within
seven days of our bringing the breach to your attention;
2 A bankruptcy petition is issued against you;
3 You enter into an Individual Voluntary Arrangement / Trust
Deed;
4 Where the information provided to us is knowingly incorrect;
5 The information provided by you at the time of acquiring a
loan (HP agreement, credit cards or any other form of credit)
is deemed incorrect or fraudulent by any creditor; or
6 If we are affected by Force Majeure.
Credit Repair
UK
Head office: 145, Walmersley Old Road, Walmersley, Bury, BL9
6SB. Licensed under Consumer Credit
Licence
Number 616136
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