Terms and Conditions of Business for Debt Recovery Service

Franklin James Terms of Business

The following Terms and Conditions of Business depict the way in which Franklin James Credit Management agrees to complete the recovery of outstanding debts.
Where ‘The Client’ is referred to, this indicates the person or company who is seeking debt collection by Franklin James.
‘We’, ‘Our’ or ‘Us’ refers to debt collection specialists at Franklin James or the company in itself.
Where ‘late payment charges’ are mentioned– this refers to the interest charges incurred by overdue debt. (Under the Late Payments Act 1998).

Franklin James’ procedures in debt recovery, debt collection and credit control are fully compliant with current legislation and work in accordance with the code of practice of the Credit Services Association.

For pricing and procedure reference, please refer to our pricing guide here.

Receipt of Collected Debt

Franklin James can receive payments from the debtor on behalf of the client via our company client account and transfer payments directly to you within 7 days of receipt.
Alternatively Franklin James can request that payment is made directly to you, the client.

Consent and Authorisation

The client must give Franklin James appropriate consent and authority, whether verbally or written.
The client must provide Franklin James with all relevant documentation that displays evidence of the overdue debt in question.
The client must authorise Franklin James to collect payments and recover debts on the client’s behalf.

You accept the following: “by instructing Franklin James Credit Management Limited as my agent in the recovery of a debt owed to me, I authorise them on my behalf to deal with all matters in relation to the claim. Including sending the Letter Before Action, Pre-Action Protocols, submitting and signing the claim form via the MCOL website. I understand that Franklin James Credit Management Limited will be merely acting as my agent and are only assisting me with the debt collection.”

The client must not attempt to contact or retrieve the debt themselves once authority has been signed over to Franklin James to do so on the client’s behalf.

Accountability

The client must understand that it is not always possible to guarantee 100% that a debt can be recovered. There are circumstances under which the debt cannot be collected. However, in those circumstances, the client will not be charged by Franklin James Credit Management Ltd under our ‘no win, no fee’ policy.
There is no time guarantee or restraint for the debt to be collected in full. The time taken for a debt to be collected should not affect or cause a client to break the contract.
Franklin James cannot accept liability for any errors made in documentation or evidence provided by the client.

If High Court bailiffs have been instructed to recover a debt, and after numerous attempts for recovery they fail, the bailiffs are subject to charge the client a £75.00 fee for the failed recovery.

Debt Recovery

If there is any change in the debt amount owed or the state of the claim, the client must alert Franklin James immediately.

If any payment is received from the debtor or any part of the debt is paid off, the client must alert Franklin James immediately.

Franklin James can activate a payment plan whereby the debtor pays debt gradually until the full amount is collected, with permission of the client.

Legal Proceedings

Franklin James may notify the client’s debtor if legal action is to be taken against them.
There is no legal obligation for the client to issue legal proceedings over the debtor.
If Franklin James recommends taking legal action against the debtor, no action will be made without the approval of the client.
The client will have to pay legal fees, for example court fees in advance. Court fees are fully recoverable from the debtor.
Franklin James will notify the client in advance of any fees incurred by legal action.
The client has a responsibility to notify Franklin James if any payments are received from the debtor after legal proceedings have taken place.

Termination of the Contract

The Contract cannot be terminated by the Client without the written agreement of Franklin James Credit Management LTD. If the Contract is terminated, by agreement, the Client will be liable to pay Franklin James Credit Management LTD a sum equivalent to the Commission that Franklin James Credit Management LTD would have received upon recovery of the Debt.

Franklin James Credit Management LTD reserves the right to suspend the provision of supply of services until further notice without liability to the Client on notifying the Client either orally or in writing if: The Client is in breach of any material term of this Contract; or Franklin James Credit Management LTD is obliged to comply with an Order of any relevant authority.

The Client shall reimburse Franklin James Credit Management LTD for all reasonable costs and expenses incurred by the implementation of such suspension and/or the recommencement of the provision of the service.

Disclosure Agreement

Under The Data Protection Act, Franklin James agrees to keep all information supplied by the client confidential.
This includes both documentation and verbal correspondence between the client and Franklin James.

The client must treat all information provided by Franklin James as confidential. This information should not be divulged to any other person other than the County Court.

This contract must remain in compliance with English law and will operate under the law of the English Court.

Disputes

If the client is not satisfied with the service, Franklin James encourages the client to express their complaint in an effort for it to be resolved.
All complaints and disputes will be considered seriously and with the utmost determination for resolution.

Authority to receive payment

The Client hereby authorises Franklin James Credit Management Ltd to receive payment(s) on behalf of the above-mentioned and acknowledge that debts due to it have been extinguished.

Privacy Policy

FJCM is committed to ensuring that your privacy and data is protected. Should we ask you to provide certain information by which you can be identified when using our services, then you can be assured that it will only be used in accordance with our privacy statement. You can view our full privacy and data policy here: https://www.fjcm.co.uk/privacy-policy/