Elite Debt Recovery Ltd
These Terms and Conditions constitute the entire agreement between Elite Debt Recovery Ltd (“the Company”) and the instructing client (“the Client”) for the provision of debt recovery and associated services. By engaging the Company, the Client acknowledges full acceptance of these terms.
1. Contractual Relationship
1.1. Upon instruction, Elite Debt Recovery Ltd is formally engaged by the Client to undertake recovery activities in respect of outstanding debts owed to the Client.
1.2. The Company’s engagement may include, but is not limited to, correspondence with the debtor, telephone communication, field visits, trace investigations, negotiation of settlement or payment arrangements, and where appropriate, referral for legal proceedings through appointed solicitors.
1.3. No amendment, variation, or addition to this agreement shall be valid unless agreed by Elite Debt Recovery Ltd.
2. Scope and Duration of Services
2.1. The Company’s services shall be provided for a fixed term of either one hundred and eighty (180) days or up to one (1) year, as defined in the individual client agreement.
2.2. The commencement of services shall be deemed to occur immediately upon the signing of the contractual agreement and clearance of any initial subscription or service fees.
2.3. In the event that no successful recovery is achieved within the initial one hundred and eighty (180) day period, the Company may, at its sole discretion, extend its services for a further period at no additional charge to the Client.
2.4. The Company reserves the right to prioritise cases based on the completeness and accuracy of information supplied by the Client. Any delays or failures resulting from incomplete, inaccurate, or misleading data provided by the Client shall not be attributable to the Company.
3. Obligations and Limitations of Liability
3.1. The Company undertakes to exercise due care, skill, and diligence in pursuing the recovery of debts instructed by the Client, consistent with accepted industry standards and relevant legislation.
3.2. The Company shall not be liable for any failure, delay, or inability to recover any debt due to circumstances beyond its reasonable control, including but not limited to the insolvency, bankruptcy, liquidation, or disappearance of the debtor.
3.3. The Client accepts that debt recovery is not a guaranteed process and that success may depend on factors outside the Company’s control. Accordingly, the Company does not warrant or guarantee any specific outcome or recovery value.
3.4. Elite Debt Recovery Ltd reserves the right to collaborate, subcontract, or partner with like-minded third-party organisations, agencies, or professionals, such as tracing agents, enforcement officers, legal firms, or other debt recovery specialists, as part of the recovery process. Such partnerships are designed to enhance recovery outcomes and operational efficiency. The Client hereby consents to the Company engaging such third parties as necessary in the performance of its duties.
4. Cancellation and Termination
4.1. The Client may terminate this agreement at any time by providing written notice to the Company.
4.2. In the event of cancellation or termination, the initial subscription or engagement fee shall remain payable and non-refundable.
4.3. Notwithstanding termination or cancellation, any commissions, charges, or fees due to Elite Debt Recovery Ltd in respect of monies recovered, whether received before, during, or after termination as a direct or indirect result of the Company’s involvement, shall remain fully payable by the Client.
4.4. Upon request, the Company will provide a written closure report summarising the recovery efforts made and the outcome achieved up to the date of termination.
5. Litigation and Legal Proceedings
5.1. Should recovery through standard pre-legal procedures prove unsuccessful, Elite Debt Recovery Ltd may recommend that the matter be escalated to formal legal proceedings.
5.2. In such instances, the Client shall liaise directly with the Company’s appointed solicitors or legal partners. The Client acknowledges that pursuing legal action may incur additional costs, including but not limited to court fees, solicitor fees, barrister costs, enforcement expenses, and any other disbursements associated with the proceedings. All such costs are the sole responsibility of the Client and are payable in addition to any commission or service fees owed to the Company.
5.3. The Company shall remain entitled to charge its agreed commission on any sums recovered through legal proceedings, whether received directly by the Client, through solicitors, or via enforcement officers.
6. Receipts, Payments, and Additional Works
6.1. The Company shall charge a commission of fifteen percent (15%) on all sums recovered unless an alternative rate has been expressly stated within the contractual agreement.
6.2. In the event that the Client receives payment directly from the debtor, whether in full or in part, the Client must notify Elite Debt Recovery Ltd immediately upon receipt. Any such payment shall be deemed a recovery under this agreement and subject to the immediately owed applicable commission as noted in Clause 6.3.
6.3. Where an instalment arrangement or payment plan is negotiated with the debtor, Elite Debt Recovery Ltd’s commission is owed first from each instalment received before any remaining balance is allocated or released to the Client.
6.4. Any additional works, services, or fees agreed with the Client during the recovery process, such as tracing, field visits, enforcement support, or other ancillary tasks, shall be charged in addition to Elite Debt Recovery Ltd’s standard commission and will be fully advised to the Client prior to implementation.
6.5. When a debtor makes a payment directly to Elite Debt Recovery Ltd or one of its partners, the Company will transfer the funds owed to the Client on the next scheduled payroll cycle, typically within thirty (30) days of receipt. This transfer shall occur after the deduction of any applicable commissions, fees, or agreed additional charges in accordance with these Terms and Conditions.
7. Payments, Defaults, and Continuing Obligations
7.1. In the event that a debtor defaults on an agreed instalment or settlement arrangement, the Company shall use reasonable endeavours to pursue recovery of the remaining balance.
7.2. The Client acknowledges that commissions or fees already paid or due in relation to prior installments shall not be refundable under any circumstances.
7.3. Any funds received directly by the Client from the debtor, at any stage of the recovery process, shall constitute a successful recovery and therefore attract commission in accordance with this agreement.
7.4. All payments due to the Company shall be made within seven (7) days of invoice or notification unless otherwise agreed in writing. Late payment may result in interest charges as permitted under the Late Payment of Commercial Debts (Interest) Act 1998.
8. Governing Law
8.1. This agreement shall be governed by and construed in accordance with the laws of England and Wales.
8.2. The parties irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any disputes, claims, or proceedings arising out of or in connection with this agreement or its performance.