Terms and Conditions

Interpretation

1. These terms and conditions apply to the collection of outstanding debts by Capex Recoveries Ltd (Capex) for the client.

2. In these terms and conditions, CAPEX means Capex Recoveries Ltd.

3. "Client" means any individual, Company, Partnership or Trader using the service provided by CAPEX.

Use of Information and Confidentiality

1. All information given by the Client to CAPEX will be treated as strictly private and confidential and will be subject to the regulations as outlined under the Data Protection Act.

2. All information provided by CAPEX under these terms and conditions shall be treated in confidence by the client and shall not other than by County Court Order be communicated, copied or otherwise divulged to any other person or party whatsoever.

Liability

1. Reports or information provided to the Clients may, in whole or part represent expressions of advice or opinion based on data supplied by third parties, the accuracy of which CAPEX will be unable to verify in every case. CAPEX will accept no liability for any errors therein or omissions there from.

2. CAPEX will not be liable for any loss or damage whatsoever as a result of the Client's use of any report or information supplied by CAPEX.

Indemnity

1. CAPEX shall be indemnified by the Client for any actions taken by itself, the debtor or its agents, if such actions prejudice CAPEX’s ability to collect. If such prejudice action occurs, CAPEX reserves the right to charge such commission that would be due as if the debt had been collected in full.

Debt Collection

1. CAPEX are authorised by and on behalf of the Client to collect payments and issue receipts in relation to the Clients debtor and to deduct and retain fees owing to CAPEX for services rendered. Payment of the recovered balance (less the retained fee) will be issued to the Client 10 days after receipt and being banked, allowing ample time for the payment to clear.

2. Accounts settled and any monies received via any source after intervention by CAPEX are subject to commission fees at the prevailing rate. These fees must be settled within 10 days from the date of payment receipt.

3. Once a case is passed to CAPEX and a part payment results in a balance outstanding, the case will remain with CAPEX until the full amount is cleared. Withdrawal of an account before CAPEX recommends closure is subject to a commission charge equal to that of a full collection, unless an alternative rate is agreed with CAPEX before final action.

4. The Client must recognise that whilst every effort is made by CAPEX to recover the outstanding balance, no guarantee is either expressed or implied that such money will be recovered.

5. The Client must notify CAPEX immediately if there is any change in the amount due in respect of any account passed to CAPEX for collection.

6. If a case is recommended by CAPEX for litigation, no action will take place without the Clients approval, and only after all legal tariffs have been discussed and agreed upon by both CAPEX and the Client. It is the Clients responsibility to advise CAPEX where any payment is received directly from the debtor after legal action has been instigated. Failure to do so may make it difficult for the solicitor to recover any advance court costs that may have been made. CAPEX will not accept liability for any unnecessary costs, which might result.

7. It is accepted that the Client will be notified in advance of any additional costs resulting from legal action, or fees the Client is likely to incur whilst CAPEX carries out the Clients instructions.

8. The time CAPEX takes to perform any obligation under this contract shall not be the essence of the contract.

9. Where agreed in advance, CAPEX will accept settlement of the debt by instalments. The agreed upon fee will be taken from each instalment collected (i.e. 15% of each part payment collected).

Payment of Fees

1. Any Fees or payments taking by debit or credit card in relation to our services are non-refundable. If you have any questions regarding any charges applied to your account please contact our Customer Services Dept  on 0845 0542910 or alternatively write to Capex Recoveries Ltd, PO Box 5208, Brighton, East Sussex, BN50 9XQ.

2. All payments taken by Debit & Credit Cards are in Pound Sterling.

Law of Contract

1. This contract shall be governed, construed and enforced in accordance with English Law, which shall be the proper law of this agreement. Both parties hereby submit to the non-exclusive jurisdiction of the English Courts.