Please find below our standard terms and conditions that apply in all circumstances unless otherwise agreed in writing.
UK & International Standard Terms & Conditions
1. Our fee is calculated from the oldest invoice date.
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).
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.
4. Upon successful recovery of your principal sum, our fee will be charged in line with our published terms. Fees
are invoiced on receipt of any recovered monies, products, equipment returned and/or contra payments.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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 they enter into a C V A.
11. Where we investigate and identify that clients have received the missing payments, prior to instruction,
Darcey Quigley & Co will charge an administration fee in line with our current fee structure.
12. Providing us with all the relevant facts to secure recovery is key to our approach and this includes known
disputes. Our recovery team will always ask you if any part of the debt is disputed and discuss the options.
If after we have discussed the case and a dispute is produced which we were not made aware of in the initial
instruction, which leads us to close the case, we will charge an admin fee of £250.
13. 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.
14. Our charge is calculated on the gross principal sum.
15. All our fees are subject to VAT.
16. Our invoice terms are strictly 7 days from date of our invoice.
17. A fee of £125 will be applicable if Darcey Quigley & Co are instructed to serve the Pre-Action Protocol
Additional Terms & Conditions for International Recovery
18. A retainer of £250 will be charged. This is strictly non-refundable and payable upon instruction.
19. A minimum fee* of £250 will be taken when the fee published is less than the minimum order value.
20. 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.
21. 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 principle sum and be borne by you our customer.
22. 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.
*Based on agreed fee, prior to instruction.