Terms and Conditions 1. Introduction
CRB Limited,
for the purposes of these Terms and Conditions, trades its business as
Commercial Rent Bailiffs Limited (CRB Limited). CRB Limited provides a variety
of services to their clients or potential clients (the Client) including but
not limited to; enforcement, debt recovery, tracing, investigation,
repossession, eviction, security and legal activities. We are registered at
Companies House, Company No: 7900765 and our registered office is at Alexandra
Gate Business Centre, 2 Alexandra Gate, Cardiff. CF24 2SA.
2. Instructing us
(a) By completing an Instruction Form and/or
instructing CRB Limited by any other means, you, the private individual, firm, authorised
company representative or legal professional instructing us become the Client
and authorise CRB Limited to provide the services to you as set out in the
Instruction Form.
(b) By becoming the Client you agree to be bound by
these Terms and Conditions.
(c) CRB
Limited reserves the right to decline any instructions without stating a
reason. In such circumstances any monies paid to CRB Limited in respect of
those instructions may be refunded upon written request and approval by a
Director. Please note this does not include any fees which were made payable to
Her Majesty’s Court and Tribunal Service (HMCTS).
3. Definition of the terms
These Terms
and Conditions apply to the provision of services by CRB Limited and no
variation, alteration, substitution or modification of these Terms shall be
binding on CRB Limited unless expressly agreed by a Director of CRB Limited.
The Client agrees to be bound by these conditions upon providing CRB Limited
with an instruction.
4. Governing law
These Terms
and Conditions shall be governed by and construed in accordance with the law of
England & Wales, and each of the parties submits to the exclusive
jurisdiction of the courts of England & Wales.
5. Transfer up procedure
Applications
on the N293A form for the purposes of transferring up a judgment and obtaining
of a Writ of Control or Writ of Execution will be completed by CRB Limited,
then passed to the client or clients’ representative for signing and applying
to the appropriate Court.
6. The work
(a) The client or clients’ legal representative,
shall obtain the appropriate certificate from the appropriate Court for
transfer of a judgment to the High Court for the purposes of enforcement. Upon
receipt of the Writ of control or Writ of execution in the name of an
Authorised High Court Enforcement Officer (pursuant to paragraph 2 (1) of
Schedule 7 of the Courts Act) as directed by CRB Limited. Where CRB Limited is
provided with the appropriate sealed High Court Writ of control and Writ of
execution, CRB Limited’s Authorised High Court Enforcement Officer, Enforcement
Agents and Agents shall undertake the enforcement action as directed by the
Client. CRB Limited may also use a telephone collection strategy in conjunction
with enforcement agent attendances to enhance monetary recovery rates.
(b) Commercial
Rent Arrears Recovery (“CRAR”), Forfeiture of Lease and any other enforcement
services under Common Law. CRB Limited’s Enforcement Agents and Agents shall
undertake the enforcement action as directed by the Client.
7. Other services
CRB Limited’s
Authorised High Court Enforcement Officers, Enforcement Agents, Debt Recovery
Agents, Field Agents, Repossession Agents, Security Officers and/or any other
Contracted Staff or Employees shall undertake the services as directed in the
Instruction Form as completed by the Client.
8. Fees and disbursements
CRB Limited will apply fees and disbursements as
stipulated in The Taking Control of Goods (Fees) Regulations 2014, in the High
Court Enforcement Officers Regulations 2004 and/or any other appropriate
Regulations and these fees are recoverable from the debtor in the first
instance.
(a) The Client, with consent of the Creditor,
hereby authorises CRB Limited to, if necessary, apply to the appropriate Court
that the enforcement agent may recover from the debtor exceptional
disbursements which are not otherwise recoverable under the Regulations.
(b) CRB Limited and/or the Client/creditor shall satisfy the Court that
the disbursements to which it relates are necessary for effective enforcement
of the sum to be recovered, having regard to all the circumstances including
the amount of that sum; and the nature and value of the goods which have been
taken into control, or which it is sought to take into control.
(c) In matters relating to the recovery of monies, if the Client
receives payment on or after the date of instruction the Client must forward the
sums to CRB Limited in full unless expressly agreed otherwise by CRB Limited.
If the Client or creditor negotiates payment outside of the enforcement
process, either by agreement or consent order, the Client becomes liable to the
full fees charged by CRB Limited that otherwise have been recoverable from the
debtor under the relevant Regulations.
(d) In certain activities and services (e.g. evictions) CRB Limited will
invoice the Client directly for the costs associated with providing the
service. In such circumstances the Client will make payment of the sums due
within the timescales specified on the invoice. If any element of an invoice is
queried that part of the invoice which has not been queried is to be paid in
any event.
(e) CRB Limited reserves the right to charge late payment interest at
four per cent above the base rate applied from time to time on any balance
outstanding. The Client will also make payment of costs associated with debt
recovery procedures, where applicable, should the matter remain unpaid beyond
the terms stated.
(f) The Client agrees that where enforcement is unsuccessful in matters
regulated by the Tribunals Courts and Enforcement Act 2007 he will be liable
for the Compliance Fee [£75.00 plus VAT as at 6th April 2014], triggered by the
Compliance Stage, in accordance with the High Court Enforcement Officers
Regulations 2004 No. 400, Part 4, Regulation 13(3as amended by The Tribunals,
Courts and Enforcement Act 2007 (Consequential, Transitional and Saving
Provision) Order 2014 No. 600, Paragraph 8 unless otherwise agreed by a
director of CRB Limited.
(g) VAT will be charged at the current rate on fees, costs and charges
where applicable and in accordance with HMRC guidance.
(h) Any change in VAT or Court fees will take
effect immediately, and we reserve the right to delay the processing of transfer
up or enforcement until such time as all monies due are settled in full. CRB
Limited will notify you of such a change as soon as is practicable.
9. Payments
under a Writ of control
(a) Payments collected under a Writ of control will held “in suspense”,
i.e. neither belonging to the creditor or debtor, for 14 days before payment is
remitted to the Client. Payments are usually remitted on either the 15th
day or 31st day of each month.
(b) The Client authorises the Enforcement Agent to enter into a payment
arrangement under a signed Controlled Goods Agreement where payment in full
cannot be obtained.
(c) In matters falling under The Controlled Goods Agreement Where the
debtor makes a part payment towards the debt this payment will be split pro
rata between the Client and CRB Limited in payment of the sum to be recovered,
and any remaining amounts recoverable in respect of fees and disbursements
payable to CRB Limited, in accordance with The Taking Control of Goods (Fees)
Regulations 2014 Paragraph 13(3) & 13(4).
(d) CRB
Limited will hold on the Clients behalf any part payment recovered in an
enforcement action until the amount payable to the Client reaches a minimum sum
of £2000.00, unless expressly agreed otherwise by CRB Limited.
10. Your responsibilities
(a) By instructing CRB Limited the Client agrees to
provide CRB Limited with accurate information and documentation.
(b) The Client confirms that no other enforcement
action is being carried out that will prevent or hinder CRB Limited from
carrying out their enforcement duties under the Writ or Warrant.
(c) The
Client confirms that the details given are correct, and accepts any
responsibility for information given which proves to be incorrect.
11. Our liability
(a) These terms do not affect our liability to you
in any way for: personal injury or death arising from our negligence, nor our
liability for fraudulent misrepresentation or misrepresentation as to a
fundamental matter made by one or our employees or agents, nor any other
liability which cannot be excluded or limited under applicable law.
(b) This paragraph shall apply to any claim: a. by
you. b. and, if any duties are held to be owed to them, to a claim by any
individual or company, related or associated to you, and any officer, servant
or, employee of any of these entities; against CRB Limited, any past, or future
Directors, and/or any past, present or future employees of CRB Limited.
(c) All claims, whether made by one or more of the
parties, arising from the same act or omission, or from a series of related
acts or omissions, shall be regarded as one claim.
(d) Any claim
arising as a result of these terms must be notified to us in writing within 6
(six) months of the date that such liability arises. Failure to provide notice
within this period will forfeit any claim.
12. Exclusions of liability
(a) CRB Limited will not be liable for any loss of
income, loss of profits, loss of markets, loss of reputation, loss of
customers, loss of use, loss of an opportunity even if we had knowledge that
such damages or loss might arise or for any indirect, incidental, special or
consequential damages or loss howsoever arising including without limitation
breach of contract, negligence, wilful act or default.
(b) CRB
Limited shall bear no liability for loss and/or damage arising from matters
outside of its control.
13. Advice given
(a) Non Solicitors should be aware that we are not
a law firm and we do not provide legal advice. Any advice provided by the CRB
Limited relates strictly to the provision of services and should not be relied
upon as legal advice.
(b) CRB Limited accepts no liability for any
actions you may take or loss or damage you incur as a result of advice given in
any communication with us or contained in marketing material. We accept no
liability for loss or damage you may suffer by instructing any firm of
solicitors to whom we may refer.
(c) None of
the content presented on any of CRB Limited’s websites constitutes legal advice
in relation to any of CRB Limited’s services.
14. Professional indemnity insurance
We carry
professional indemnity insurance for all of our work. Details may be obtained
upon request via email atadmin@crblimited.co.uk
15. Complaints
CRB Limited aims to provide a high quality service
to our clients. If you have a concern about the way your case is being handled,
then in the first instance you should raise this with your usual contact or
case manager. In any other event please contact one of our team via email atadmin@crblimited.co.uk
16. Data protection act 1998
(a) CRB Limited use the information you provide
primarily for the provision of our services to you the Client and for related
purposes including: updating and enhancing client records; analysis to help us
manage our company; legal and regulatory compliance.
(b) Our use of
that information is subject to your instructions, the Data Protection Act 1998
and our duty of confidentiality. You have a right of access under data
protection legislation to the personal data that we hold about you.
17. General
(a) These Terms and Conditions shall not affect any
provision of the general law or professional standards applicable to the
relationship between CRB Limited and you the Client.
(b) Any
notice to be given to us may be sent to us at our principal place of business
and, any notice to be given by us, may be given to you at your last postal
and/or email address known to us.
18. Repeat matters
Unless
expressly varied, the terms of this document will also apply in respect of any
future matters where one or more of the services is provided to the Client.
19. Amendments to our Terms and Conditions
CRB Limited
may revise these Terms and Conditions at any time. The amended Terms will be
effective from the date they are posted on our website www.commercialrentbailiffslimited.co.uk . You, the Client are expected to check these Terms from time to time
to take notice of any binding changes that may have been made. Some of the
provisions contained in these Terms may also be superseded by provisions or
notices published elsewhere on our website and may include Regulatory changes.
