Integral Credit Management Ltd Terms & Conditions

Terms & Conditions

  1. Definition
    1. “ICM” means Integral Credit Management Ltd whose registered office is situate at 43 – 45 Oxford Road, Guiseley, Leeds LS20 8AB or it’s registered trading styles of Integral Debt Recovery, Integral Conciliation Service and Total Reclaim.
    2. The “Client” means such company, partnership or sole trader (or representative of the aforementioned) instructing ICM to carry out services on behalf of the Client.
    3. Services” means without limitation debt collection, credit control, door step recovery, financial services claims management, procuring legal services, procuring tracing and such other services as ICM may from time to time undertake.
  2. Instructions
    1. On receipt of instructions from the Client, ICM will consider (at its absolute discretion) and provide services to meet with requirements of the Client in consideration for commission and/or additional charges and disbursements for which the Client will be liable.
    2. The Client warrants that all instructions referred to ICM for action and services are true and valid and unless otherwise notified, free from dispute.
    3. The Client agrees that ICM may require additional information and documentation from the Client to enable ICM to resolve any outstanding debt or answer any query relating to the debt. Any additional request for information or documentation by ICM to the Client is to be dealt with expeditiously and in any event within 14 days of the request. ICM reserves the right to cease and close an instruction where protracted non-supply of requested information occurs and charges may apply (see 5.1d).
    4. The Client warrants that it has instructed ICM solely and primarily and exclusively in relation to its services unless otherwise notified in writing.
    5. In the event that legal proceedings are required to be issued on behalf of the Client then the Client hereby authorises ICM to procure the legal services of its preferred legal services provider and the Client hereby agrees to meet and be bound by the terms and conditions of the legal services provider and be responsible and hereby indemnifies ICM with respect to all costs, claims and disbursements due to the legal services provider. All legal actions will only be issued with the express permission of the Client.
    6. Where legal action is commenced, ICM reserve the right to charge and administration handling fee based on instruction value as follows:
      £30.00 for instructions of £500 or less
      £40.00 for instructions of £500.01 to £1,500.00
      £50.00 for instructions of £1,500.01 to £3,000.00
      £75.00 for instructions of £3,000.00 to £9,999.99
      £100.00 for instructions of £10,000.00+
    7. The Client agrees not to make any communication with the debtor after the instruction has been passed to ICM. If the debtor attempts to contact the Client the Client must immediately revert the debtor directly to ICM or the legal services provider without discussing the matter at all. If any communications do take place then the Client hereby agrees to forward full details of the communication directly to ICM within 3 working days. Direct contact causing payment shall not effect ICM’s entitlement to agreed commission.
  3. Charges
    1. The charges payable by the Client will be based on all monies recovered and strictly in accordance with the commission rate agreed between ICM and the Client at the rate of 10% and any subsequent communication from ICM to the Client notifying the Client of any change in the rates of commission, and/or disbursements or charges notified by ICM.
    2. Where the commission has not been quoted by ICM or agreed in writing then ICM undertakes as far as is reasonable and possible to notify the Client of any extraordinary or additional charges before such charges are incurred or likely to be incurred.
    3. All fees and charges are subject to VAT at the prevailing rate where applicable.
    4. The Client hereby agrees that ICM may at its absolute discretion deduct commission and charges directly from payments received on behalf of the Client on account of monies due to ICM.
    5. The Client shall discharge the fees due to ICM within 14 days from date of invoice on commission invoices however disbursement invoices bear no terms for payment save for payment on receipt unless agreed in writing.
    6. It is hereby agreed that ICM may charge interest at 8% above base rate of The Bank of England Monetary Policy Committee (MPC) in accordance with the Late Payments of Commercial Debts (Interest) Act 1998 without notice. An invoice will be issued for all additional charges.
  4. Disclaimer
    1. Except as provided for in these terms ICM shall not be held liable for any damages including without limitation direct, indirect or consequential damages how so ever arising from the Services and/or actions or omissions of agents, legal services providers and third parties instructed on behalf of the Client by ICM. ICM shall not be liable for losses, arising from strikes, walk outs, wars or any other calamity considered as an act of God or nature beyond the control of ICM.
    2. For the avoidance of doubt ICM will not be liable for any losses or damages arising out of any incorrect information, negligence or otherwise of the third party agents and/or legal service providers.
  5. Commissions

    Commission is payable when:

    1. A payment is made by a debtor or third party or settlement is reached in whole or part (including as a result of legal proceedings or by exchange of goods or services to the value of).
    2. If the instructions in a case are withdrawn (in full or in part) or the debt is written off before recommendation by ICM then ICM reserve the right to charge a fee equal to the commission (or an administration charge for work completed, not more than the commissions already agreed) that it would have been paid if the debt had been successfully collected.
    3. Where the instruction of ICM has caused the Client to note that payment has been settled prior to instruction but not allocated without the assistance of ICM’s intervention.
    4. Failure to provide documentation or replies to queries raised by ICM and/or from the debtor, which results in the debt not being paid within a reasonable time scale.
    5. Where duplicate instructions have been sent out to one or more companies or agencies.
    6. All such charges are wholly at the discretion of ICM at director level.
  6. Referral Fees

    ICM may at it’s discretion pay a referral fee to a provider of new business leads based on a % of commissions charged to a Client at no extra cost to the Client, full details of which can be supplied upon written request.

  7. Termination

    ICM may terminate the instructions of the Client without prejudice (to all outstanding and pending claims for charges, disbursements or commissions) where the Client fails to pay any charges within the terms referred to herein and ICM reserves the right not to provide the Client with continuing services and/or to withdraw all or any services without notice.

  8. General Conditions
    1. While every effort is made by ICM to recover outstanding monies on behalf of the Client no guarantee is either expressed or implied that such money will be recovered.
    2. The time for ICM to perform any obligation under the instructions shall not be of the essence of the contract.
    3. ICM reserve the right to accept settlement of debts by instalments where deemed reasonable and where interim payments are received, each payment is subject to a charge at the agreed or stated commission rates.
    4. Any additional services requested by the Client or procured on behalf of the Client by ICM shall be chargeable.
    5. The client hereby agrees to inform ICM of any payment received direct or any news regarding the debts immediately as they come in so that ICM does not pursue the debtor unnecessarily.
    6. Nothing in these terms and conditions or the provisions of services shall or be deemed to create a partnership or the relationship of principal and agent or employer and employee between the Client and ICM.
    7. Unless otherwise expressly agreed in writing, ICM will enforce the Late Payment of Commercial Debts (Interest) Act 1998 on outstanding commercial debts and when collected retain the same an administration fee.
    8. Where expressly agreed with the Client in writing, ICM will endeavour to recover any fees or disbursements incurred by the Client but on refusal by any customer, shall not be obligated to undertake further collection process.
  9. Client Funds and Payment Handling Charges
    1. ICM has separate Bank Accounts clearly marked as “Clients Accounts” to handle Clients money. ICM may at its discretion open an account specifically for individual clients.
    2. ICM reserve the right to accept settlement of debts by instalments and where interim payments are received, each payment is subject to a charge at the agreed or stated commission rate. Where appropriate a reasonable payment-handling fee may be charged to the Client or the Client’s customers for handling of the same.
    3. ICM reserves the right to accept payment by way of Credit or Debit Card and to charge a reasonable payment handling fee to the Client or the Client’s Customers for handling of the same where appropriate.
    4. Unless otherwise agreed in writing, instalment payments received on an instruction will be remitted to the client by ICM when a minimum of £100.00 has been collected. If any of the Client’s other instructions reach the £100.00 threshold in the interim, ICM will endeavour to remit all collected funds at this time. Alternatively ICM may remit funds at its discretion subject to a minimum commission charge of £20.00 + vat.
    5. Where Legal Proceedings have commenced on a Client Instruction, ICM reserve the right to retain collected sums in trust on any of the Clients other instructions, to cover potential Legal Costs.
  10. Confidentiality

    Comments, suggestions or materials sent or transmitted to ICM shall be deemed to be non confidential unless expressly stated.

  11. English Law

    English Law shall govern this agreement and all parties shall submit to the exclusive jurisdiction of the Courts of England and Wales.