1. Definitions

(a)“B&A” means Barratt & Associates Limited whose registered address is c/o
Moore Stephens, 4 th Floor, Donegall House, 7 Donegall Square North, Belfast and whose registered number is NI044 046.

(b)“The Client” means the company instructing B&A to carry out services required.

(c)“Services” means any of the activities carried out by Barratt & Associates Limited on behalf of the Client, these services include collection of accounts, tracing absconding debtors, legal services and bespoke credit management assistance. B&A may sometimes require the assistance of agents when providing the above-mentioned services.

2. Agreement

(a) English Law shall govern this agreement and all parties shall submit to the exclusive jurisdiction of the courts of Northern Ireland and England.

3. Debt Recovery

(a) The Office of Fair Trading licence number 529643 licenses B&A as per the consumer credit act 1974. The Act was modified by the Consumer Credit Act 2006 .

(b) B&A has in place professional indemnity insurance to the sum of £1,000,000 and the Client accepts that the liability to the Client shall be limited to the sum insured provided always that B&A shall not be liable for any indirect or consequential loss or damage which may be suffered or incurred as a result of the recovery services provided by the company.

(c) B&A maintains a separate Client account with its bankers and undertakes to notify the client whenever possible of any payment received and which requires processing through the Client account.

(d) B&A will always endeavour to recover cheques from Client's debtors made payable to the Client.

(e) Any monies received and processed through B&A's Clients account will be accounted to the Client as soon as such funds have been cleared.

(f) B&A reserves the right to charge the Client for any charges incurred for the processing of funds through the Client account, to a charge not exceeding £6 + VAT for each transaction (with the exception of foreign transactions where currency fluctuations and conversion-charges would apply).

(g) In the event that the Client requires B&A to take payment of debts by way of credit card then B&A will charge the client the prevailing merchant service charge.

(h) B&A will enforce the Late Payment of Commercial Debts act (1998) on all outstanding commercial debts unless otherwise agreed (a copy of this act can be found on our website at www.barrattassociates.com).

(i) B&A reserves the right to terminate the collection of any outstanding debts either prior to the commencement of the collection process or at any time during the collection process.

(j) Fees and / or commissions due to B&A will be charged on all accounts collected for the Client, whether in whole or in part, in accordance with the current rates agreed between the Client and B&A and all charges, with the exception of court fees, will be subject to VAT.

4. Credit Management Assistance

(a) B&A will, on application, provide Clients with other credit management services, tailored to the Client's specific requirements and for which a separate and or additional agreement or charges will be reached if requested by the Client.

(b) Such services may involve sales ledger management, outsourcing of credit control functions, door to door collections, legal services or general consultancy and for which the Client will be liable for all incumbent overheads, disbursements and charges whatsoever incurred by B&A or its agents at the prescribed rates notified or agreed separately with the Client.

5. Clients Liabilities

(a) The Client warrants that all debts referred to B&A for collection services are true and a valid.

(b) Where the Client receives any payments directly, credit or the return of the goods, which necessitate the collection of, or the reduction in the value of, an account already placed for collection by B&A to be stopped, full details must be notified immediately by the Client to B&A who will charge the Client the normal fees and or commission payable as if that account had been successfully collected by B&A. Similarly, where the Client instructs B&A to stop collection of an account for no valid reason other than the legal insolvency, death or any other demise of the debtor acceptable to B&A, then B&A will charge the Client the normal fees and or commission payable as if that account had been successfully collected by B&A.

(c) B&A may require additional information from the Client to enable B&A to collect the outstanding debt. Any request for additional information by B&A to the Client should be produced as soon as possible. In the event that the Client has failed to provide such additional information after the expiry of 14 days, B&A reserves the right to re-assign the age of the debt and adjust the commission rate accordingly.

(d) In the event that the Client instructs B&A to institute any form of legal action, the Clients will be liable in such cases for all charges, costs, fees and disbursements of whatever nature incurred by or billed to B&A until or unless recovered or where non-recoverable from the Clients debtor(s) by B&A or any other party acting on behalf of B&A and or the Client. B&A will not be liable for any losses or damages arising out of any incorrect information contained in such legal processes.

6. Prices and charges

(a) The prices and charges payable by the Client are those quoted prior to the commencement of work unless otherwise separately agreed in writing to the Client prior to B&A being instructed to act by the Client.

(b) Where prices and charges are not quoted, B&A undertakes as far as is reasonable and is possible to notify the Client of any extraordinary or additional charges before such charges are incurred or likely to be incurred.

(c) All fees and charges are subject to VAT at the prevailing rate where applicable.

(d) B&A reserves the right to deduct collection fees from all direct payments received on behalf of the Client.

(e) Standard payment terms for B&A are 7 days from invoice date unless agreed in writing with a Director of B&A.

(f) B&A charges interest at 8% above base on late payment of our invoices in accordance to the Late Payment of Commercial Debts act (1998).

(g) In the event that an account is closed prematurely by the client then B&A reserves the right to charge and administration fee of 1% of the debt value or £15.00 which ever is greater.

(h) In the event that the debtor or the client is not based in the UK or the Republic of Ireland a file opening fee of £58.75 will be required. 

(i) B&A charges a minimum rate per instruction of £15.00 + Vat.

7. General Conditions

(a) B&A accepts no liability for errors or negligence caused by actions of employees, representatives, suppliers or any other third party contracted by B&A in fulfilling its responsibilities and duties towards the Clients.

(b) B&A cannot be held responsible for stoppages of work, delays in delivery of post, strikes, lockouts, wars or any other calamity considered an act of God or nature beyond the control of B&A.

(c) In the event of a Client failing to pay any charges or invoices due to B&A, then B&A reserves the right not to provide the Client with continuing services and to withdraw all or any services without notice.

(d) B&A will at all times maintain complete secrecy as regards the information obtained from the Client in the performance of the services and shall not disclose such information to any third party.

(e) Nothing in these Terms and Conditions or the provision of the Services shall create or be deemed to create a partnership or the relationship of principal and agent or employer and employee between the Client and B&A.

(f) The Client is not permitted under these terms to attempt to employ any B&A staff whilst employed by B&A or for a period of six months after leaving B&A.

These Terms and Conditions supersede all previous terms and conditions in force between B&A and its Clients and prospective Clients unless otherwise agreed in writing by B&A.