Terms & Conditions of Trading
Debt Expert Limited Terms and Conditions of Trading.
1. Definition of Terms
- You - Our client (and partner where any of the debts are in joint names).
- Us – Debt Expert Limited.
- Creditors - Any and all of your unsecured creditors whose details you will provide to us in accordance with section 3.
- Fees - The fees to be paid by you to us in accordance with the options available.
2.1 You request us and we agree to provide you with a debt counselling advisory and adjusting service in accordance with these terms and conditions. You authorise (if option 3 is chosen) us to negotiate on your behalf with your creditors. This agreement shall continue until confirmation has been received by your creditors that payments offered are received.
3. Your responsibilities (depending on Option chosen)
3.1 You will provide to us on request with information relating to your finances. This will include but will not be limited to details of your income and expenditure, your Creditors and any agreements you have with them, any loans or mortgages you have, your dependents and any judgments made against you or any other enforcement action being taken against you.
3.2 You will sign any necessary forms of authority or any other documents so that we may negotiate with your Creditors on your behalf.
3.3 You will pass copies of all correspondence from your Creditors to us and keep us informed of any dealings you have with any Creditors, whether we are negotiating with them or not. Once the Debt Management Plan has been agreed, you will not make any expenditure over and above your reasonable living expenses as calculated in the Debt Management Plan. You will not use your credit cards nor incur further debts.
3.4 On occasion your Creditors may not provide us with balances of your accounts due to their own company procedures. If these circumstances arise then you will obtain this information for us and supply us accordingly.
3.5 We cannot be held responsible for any legal action taken against you by your Creditors as a result of fraudulent or incorrect information provided by you at the time of acquiring a loan, HP agreement, credit card or any other form of credit.
3.6 Non-contact from you will be considered cancellation of the agreement. Any fees paid will be non-refundable.
3.7 If you do not maintain regular payments we will not be held responsible for any further action or contact made by your Creditors.
3.8 You remain responsible for continuing to pay any secured loans, mortgages or Hire Purchase agreements and all household bills (including insurances).
4. Our responsibilities (depending on Option chosen)
4.1 We will review your finances, covering your income, expenditure, debts, and assets. These must include all debts secured on property or goods, which we will take into consideration, but cannot, negotiate reduced payments on. We will calculate your disposable income, based on reasonable living expenses.
4.2 In consultation with you we will produce a Debt Management Plan by which you can pay off your creditors out of your disposable income at rates you can afford. The Debt Management Plan will let you make monthly payments to your Creditors. It will not take account of any matters you have not told us about in accordance with section 3. It will also take account of the differing requirements of your different Creditors, if there is more than one.
4.3 Whilst your Creditors are not obliged to accept reduced payments, we will negotiate with your Creditors and attempt to agree repayment terms with them of the amounts outstanding. In doing so we shall use the Debt Management Plan and we shall ensure that the periodic payments that we agree with your Creditors on your behalf do not exceed your disposable income as calculated by us for the same period.
4.4 Whilst your Creditors are not obliged to freeze interest and late payment charges, we will attempt to agree with your Creditors, where appropriate, that they freeze or reduce their interest charges and that they suspend or withdraw enforcement proceedings issued in connection with your agreements with them. In rare instances County Court proceedings may still be auctioned against you. We cannot guarantee to stop legal action by your creditors.
4.5 Should your circumstances or any other relevant matter change during the Period, we shall, in consultation with you and your Creditors, review the Debt Management Plan and if necessary shall make changes to it in agreement with you and with any Creditors concerned (subject to agreed fee).
4.6 During the negotiation process some creditors may continue to charge interest and other recovery charges. We cannot always prevent these charges being levied.
4.7 We can only provide advice on the services that we offer.
4.8 The company takes any complaint regarding its practices very seriously. Any complaints in the first instance should be addressed to our Client Service Team by email to firstname.lastname@example.org. Should you remain dissatisfied with the advisors response then your complaint will be referred to our Compliance Department. You can also make a formal Complaint in writing to Debt Expert (Complaints) at the address below. Our Compliance Department will acknowledge receipt of your complaint in writing within 5 working days. You will receive a written full and final response within 8 weeks of receipt of your complaint.
5 How we will be paid
5.1 An Initial Fee will be paid once the option has been chosen by you, the Client. Payment will then be taken through PayPal, once received you will be taken through the relevant pages on our website to complete the relevant fields.
6 Termination of agreement
6.1 On receipt of your payment we will issue to you a receipt, together with a copy of this document.
6.2 We may end this agreement by giving you four weeks’ notice in writing if any one of the following things happens:
1. You breach this agreement and do not remedy the breach within seven days of our bringing the breach to your attention;
2. Where the information provided to us is knowingly incorrect;
3. The information provided by you at the time of acquiring a loan (HP agreement, credit cards or any other form of credit) is deemed incorrect or fraudulent by any creditor;
Your cancellation period/right to withdraw
If for any reason you wish to cancel, we offer a 14 day cooling off period from the date of us receiving your signed letter of authority in which we offer a full refund of any fees which we have taken subject to a deduction of reasonable adminsitration costs. After the 14 day cooling off period you may end this agreement by writing to the above address or emailing email@example.com, however, no refund will be made at this point.
Debt Expert Limited
Registered Office: 61 Hamilton Square, Birkenhead Wirral. Merseyside. CH41 5AT
Reg. No: 08415922 England