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Terms & Conditions of Business

Henriksen Ltd is a company registered in England under the Company Number 4850416 whose registered office is at Newlands House, Thornburgh Road, Eastfield, Scarborough, YO11 3YT.

INTRODUCTION

Henriksen Ltd provides debt collection services as set out in the terms and conditions below.

TERMS AND CONDITIONS

These Terms and Conditions of business conform to the standards set out by the Credit Services Association Ltd (CSA) of which Henriksen Ltd is a member; Henriksen Ltd is Authorised and Regulated by the Financial Conduct Authority. (Firm Reference Number 688234). Except where the context of these Terms and Conditions otherwise indicates the following words and phases shall have the meaning set out below

1. Definitions and Interpretation

The Client: The company or person referring business to Henriksen Ltd.
Business Day: Any day other than a Saturday, Sunday or any day which is a public holiday in England.
Commission: Payment for debt collection services as detailed in the schedule. All commission and charges are subject to VAT at the ruling rate, where applicable.
Services: as detailed in these Terms and Conditions.
Debt: any account referred by the Client to Henriksen Ltd for collection.
Debtor: any person or organisation owing such debt to the Client.

2. Service Provision

Henriksen Ltd will use reasonable care and skill to undertake the collection of debts and other services as specified in these Terms and Conditions in an effective and ethical way in compliance with all current legal requirements and legislation and within the code of practice of the Credit Services Association.

Henriksen Ltd’s obligation is to use all reasonable endeavors to recover such debts on behalf of the Client and that there is no guarantee that Henriksen Ltd will be able to recover the debts.

Where the collection procedures have been unable to collect a debt, Henriksen Ltd may, with the prior agreement of the Client, refer the debt to a secondary collection agency and/or Solicitors at a rate of commission to be agreed with the Client.

In the event that Henriksen Ltd has not been able to recover all or part of the debt following all agreed collection procedures, including without limitation, where the debtor disputes the existence of the debt or purports to reject the goods and/or services which are the subject of the debt, then Henriksen Ltd will return the debt to the Client.

Henriksen Ltd reserves the right to decline the collection of any accounts falling outside these Terms and Conditions.

3. Referral of Debts

The Client warrants that all instructions and information provided to Henriksen Ltd are accurate and correct and legally due to the best of their knowledge.

Where the client has a contractual right to add late payment fees to a debt, such fees will be added to the debt by Henriksen Limited on behalf of the client if the client instructs Henriksen Ltd to do so. Total fees added will not exceed the ‘cost cap’ as defined by the Financial Conduct Authority.

The Client undertakes to provide full and accurate information and supporting documentation to enable Henriksen Ltd to perform the Services.

On instruction the client will inform all concerned within their organisation that with immediate effect they will not speak with, correspond by letter, email or fax with the debtor or anyone associated with the debtor.

4. Disputed Accounts

The client must inform Henriksen Ltd of any known dispute at the time the debt is referred. Where the debtor disputes the account and Henriksen Ltd is unable to resolve the dispute with the assistance and co-operation of the Client, Henriksen Ltd will cease all action and return the account to the Client.

5. Payments made to Henriksen Ltd

Within 5 business days of the end of each month, Henriksen Ltd will:

  • Provide the Client with detailed account reporting, including a calculation of the Commission due for that month and a valid VAT invoice.
  • Remit all monies paid to it by the debtors in respect of the debts net of the commission which Henriksen Ltd shall be entitled to deduct before remittance to the Client (unless otherwise agreed). The commission is stated exclusive of VAT which shall be payable by the Client.

The Client shall notify Henriksen Ltd in writing within 14 days of the date of Henriksen Ltd’s invoice if it considers the invoice to be incorrect, otherwise the Client will be deemed to have accepted the invoice to be correct and properly due. Commission will be charged at the rate agreed between Henriksen Ltd and the Client before collection activity begins, exclusive of VAT.

6. Payments made directly to the Client.

The Client undertakes to advise and confirm to Henriksen Ltd of any direct payments immediately, in order to ensure debtor’s records are updated on a timely basis and to avoid debtors being contacted unnecessarily.

Commission is due on all such payments, however paid and to whoever paid to, commencing on the day the debt is received by Henriksen Ltd and will be deducted from the monthly remittance detailed in section 5. If payment is due to Henriksen Ltd, the client will make this payment to Henriksen Ltd within 14 days of the invoice date.

If a client has agreed to accept goods or services in lieu of payment of the said debt, Henriksen Ltd will invoice the client based on the instructed debt value and the agreed commission rate.

7. Settlement Offers

Where a debtor offers a reduced sum in full and final settlement of the debt, Henriksen Ltd will refer to the Client for a decision unless a previously agreed discretionary limit exists.

8. Audit Procedure

Each party will keep records relating to the provision of the services and Henriksen Ltd will permit authorised employees of the Client access to such records concerning the Client’s debtors at mutually agreed times. Henriksen Ltd reserves the right to monitor all information audited.

9. Complaints

Henriksen is committed to providing exceptional customer service. Any complaint about Henriksen should be sent in writing to The Complaints Manager at the above address. Complaints will be dealt with in accordance with our complaints procedure, a copy of which will is available on request.

10. Confidentiality

Henriksen Ltd undertakes that information provided by the Client will be kept confidential and is passed to staff on a ‘need to know’ basis. Each party warrants to the other that it shall comply with all of its obligations under the Data Protection Act 1998. Henriksen Ltd shall ensure that it only processes such Protected Data for the purposes notified to it by the Client.

11. Law and Jurisdiction

This agreement shall be covered by, and construed in all respects exclusively in accordance with English Law.