Please find below our standard terms and conditions that apply in all circumstances unless otherwise agreed in writing.
1.Our Fee – UK Recovery
1.1.Our fee is calculated from the oldest invoice date.
1.2.Our service is risk free with our no win, no fee packages (excluding ancillary & international retainer fees; all of which have been detailed below).
1.3.Our fee will be applicable on any payment amount recovered, products or equipment returned and/or any contra payments independent of whether interest, compensation and/or reasonable costs are secured.
1.4.Our fee will be applicable on payments that are identified as missed/unallocated/posted to wrong account or suspense account after case instruction.
1.5.Benefit of preferential fixed rates is based on case volume and usage. If no cases have been received within a 12-month period, this benefit will be revoked and standard rates apply.
1.6.Upon successful recovery we will apply a minimum fee of £120 for UK debts. The minimum fee will be applicable when the fee rate published is less than the minimum fee of £120.
1.7.Our minimum fee for UK debts is applicable under the following conditions:
·First Instalment Only – If the fee rate published is less than £120 our minimum fee is applicable.
·Full & Final Settlement – If the fee rate published is less than £120 our minimum fee is applicable.
·Where the fee rate calculated is less than £120.
1.8.Clients are prohibited from using our company name – Darcey Quigley & Co in any discussions or communication with your customer unless we have received formal recovery instruction. Where we identify our name has been
used you will be liable for a fee of £250.
1.9.Cases cancelled by the client after instruction, will be charged at the agreed fee rate unless special conditions apply: i.e. the case is yet to be actioned by us, the case is liquidated, or the debtor enters into a C V A.
1.10.A fee of £125 + VAT will be applicable if Darcey Quigley & Co are instructed to serve the Pre-Action Protocol Demand.
2. Our Fee – International Recovery
2.1. An International retainer of £250 + VAT will be charged. This is strictly non-refundable.
2.2. Fixed Rate for international Recovery is 25% of your principal sum in GBP.
2.3. Upon successful recovery we will apply a minimum fee of £250 for International debts. The minimum fee will be applicable when the fee rate published is less than the minimum fee of £250.
2.4. Our minimum fee for International debts is applicable under the following conditions:
·First Instalment Only – If the fee rate published is less than £250 our minimum fee is applicable.
·Full & Final Settlement – If the fee rate published is less than £250 our minimum fee is applicable.
·Where the fee rate calculated is less than £250.
2.5. International payments will be subject to banking charges; these are levied by the other financial institutions involved in the payment processing. Darcey Quigley & Co have no control over these charges and will not be held liable
for any banking charges, whether it is receiving money from customers or sending money to clients.
2.6. Bank charges – We will always ask your debtor to pay these charges when sending payments to us. Unfortunately, we have no way of enforcing the acceptance of these charges at the time of transfer. We will pursue the payment
of such charges however this cannot be guaranteed. All charges related to sending payments not paid by the debtor will have to be deducted from the principal sum and be borne by you our customer.
2.7. Bank charges – Any charges levied to the transferring of funds to our clients will be borne by you the customer. Darcey Quigley will request these charges are deducted from the amount at the time of the transfer. These charges
are unavoidable, and details of such charges can be found on the RBS Payment Tariff document. Unfortunately, we have no control over these charges.
3. Fees, Discounts & Deductions
3.1. The primary goal in all cases is to secure our client’s principal sum. During the recovery process, all negotiations regarding the principal sum, interest, compensation and/or reasonable costs are undertaken in partnership with you,
the client. Every effort will be made to secure all fees under the Late Payment of Commercial Debts (Interest) Act 1998. If we are unable to secure payment of all related late payment fees, it has no bearing on the fee due to Darcey
Quigley in relation to the recovery of the principal sum.
3.2. Where clients receive a preferential case rate (i.e. fixed rate or discounted rate from our standard rate) and we recover costs under the Late Payment of Commercial Debts (Interest) Act 1998, this will be proportioned as follows:
*Our fee rate will be non-negotiable.
·Reasonable Costs – 100% to Client
·Interest – 50% to Client
·Compensation – 50% to Client
3.3. All fees that have been agreed with the client upfront in respect to the debt will not be liable for any discount in relation to time spent on any case, or in the event that no additional fees are paid as part of the Late Payment of
Commercial Debts (Interest) Act 1998. However, no fee will be due should Darcey Quigley be unsuccessful in securing partial/full principal sums unless a retainer has been agreed and paid in advance.
4.1. In the event of a debt being disputed, the client is not entitled to claim any sums in relation to the Late Payment of Commercial Debts (Interest) Act 1998.
4.2. If we are not made aware of a case dispute at the time of initial instruction which leads us to close the case, we will charge an admin fee of £250.
4.3. Where a case is disputed and withdrawn before we have resolved; or withdrawn before we believe we have worked to the point of taking no further action, an admin fee of £250 will be charged.
4.4. Where we have worked on a disputed case and legal action is required, the case will be passed to our preferred Solicitors. Should you wish to withdraw and proceed with your own Solicitor, an admin fee of £500 will be applicable
for our involvement up to that point.
5. General Terms
5.1. Our charge is calculated on the gross principal sum.
5.2. All our fees are subject to VAT.
5.3. Our invoice terms are strictly 7 days from date of our invoice.
5.4. This Agreement shall be construed in accordance with and governed by the Laws of Scotland and the parties here to submit to the non-exclusive jurisdiction of the Scottish Courts