Terms

1. General

These Terms and Conditions state the terms between Beaumont Recoveries Limited (“Beaumont”) and the Client (defined below). These Terms and Conditions, along with the New Client Form (defined below), constitute the entire agreement between Beaumont and the Client under which instructions are accepted from the Client and the basis under which service are rendered by Beaumont Recoveries.

2. Definitions

a.    “Us”, “we” or “our(s)” or “Beaumont” shall mean Beaumont Recoveries Limited (Company Registered Number 09015045) trading at Office 43, The Sugar Mill, Oakhurst Road, Leeds, LS11 7HL.

b.    “Client”, “You” and “Your” shall mean the legal personality stated in the New Client Form in the box “Your Full Name” or, if applicable, “Business Name” following submission of a completed New Client Form to Beaumont.

c.     “Instruction(s)” shall mean any request or command given by the Client to Beaumont in the recovery of any unpaid debts described in the New Client Form. Instructions to pursue your unpaid debts is deemed to be given to Beaumont upon receipt of your completed New Client Form. Further instructions can be given to us via email, telephone or written correspondence to the above address. 

d.    The New Client Form can be found at: https://www.beaumont-recoveries.co.uk/submit-debt-form-br-1

e.    “Services” shall mean the collection or attempted recovery of unpaid debts (including invoices) owed to the Client by Third Parties as stated on the New Client Form and all ancillary or associated activities, including but not limited to the instruction of solicitors and other agents in the recovery or attempted recovery of the aforementioned unpaid invoices or debt.

f.      “Third Party” shall any legal personality listed as a “Debtor’s Name” in the New Client Form.

3. Authority

a.    You give us consent and authority to act on your behalf as your agent in all matters relating to the Services, including but not limited to engaging the services of Solicitors and other agents on your behalf.

b.    In providing instructions to us (whether by the New Client Form, via the telephone and / or written or electronic communication) you warrant that all information given to us is true to your honest belief.

c.     You authorise us to instruct Solicitors to act on your behalf in the conduct of litigation seeking recovery of your unpaid debt. If we act on your behalf when instructing additional service providers then we may charge an administration fee to cover our time.

4. Legal Fees and Commission

a.    The fee for our Services is, unless otherwise agreed in writing, 20% of monies recovered pursuant to the unpaid debts from Third Parties along with any other ancillary costs and disbursements incurred in the provision of the Services.

b.    You will be liable for all charges and fees immediately upon giving instructions to us by you and in the event of instructions being withdrawn at any stage we reserve the right to charge our agreed commission rate and other charges on the basis that the debt has been paid in full.

c.     We reserve the right to charge our fees at the agreed rates in circumstances where, following the provision of the Services, a pecuniary benefit or advantage is conferred by the Third Party (including any contra agreement) to you in lieu or satisfaction of the unpaid debt.  

d.    Where we issue a claim or pursue a debt on your behalf we will also attempt to recover all fees (including ours) from the Third Party if you have valid terms and conditions that have properly been incorporated into any contract between you and the Third Party which enable you to claim these fees from the Third Party. We cannot guarantee that these fees can be recovered or that if any court action is issued that a court will award these sums. You agree to have primary responsibility for the payment of our commission and fees irrespective of the outcome of any attempt by us to collect our commission or fees from the Third Party.

e.    If the sum total of the unpaid debt owed to you by a Third Party is less than or equal to £250.00, this sub-clause shall apply. You will pay us upon submission of the New Client Form £50.00 plus VAT. We reserve the right to not perform the Services if the fee to be paid in this sub-clause remains unpaid by you when your New Client Form is received.

5. Payment Terms

a.    Payment is due within 7 days after submission of our invoice or as otherwise stated on the invoice.

b.    Beaumont reserves the right to claim interest on any overdue or late paid invoices pursuant to the Late Payment of Commercial Debts (Interest) Act 1998 as amended and supplemented by the Late Payment of Commercial Debts Regulations 2013. Beaumont reserves the right to claim compensation under the aforementioned legislation in addition to any interest.

c.     This clause cannot be varied without our written consent.

7. Issuing Claims Through The Court

a.    In the event you instruct us to contact solicitors to issue legal proceedings on your behalf, you authorise us to act as your agent in order to provide instructions to the solicitors and receive monies on your behalf.

b.    You agree to be responsible for all fees and costs incurred by solicitors. We reserve the right to satisfy any invoices issued by solicitors instructed to recover your unpaid debt and to pass on those solicitor costs to you by way of an administration fee. There is no obligation upon the client to utilise the service of any solicitors that Beaumont may recommend.

c.     Beaumont reserves the right to withhold any instructions to solicitors in the event that any overdue invoices are owed by you to Beaumont.

d.    Beaumont shall not be liable to the Client for any counterclaim, additional claim or set off that may be brought by the Third Party or any other person against the Client nor shall we be liable for any cost order made by the Court against you. You agree to indemnify us in respect of any orders or agreements for costs or damages made against you but paid by us.

e.    Beaumont may submit relevant authorities to the Client from time to time seeking approval and agreement to the terms of business of any solicitors appointed on the Client’s behalf. By continuing with the instructions after terms of business have been sent you accept that you have been fully apprised of your options including any potential adverse reactions and associated costs.

f.    You acknowledge that Beaumont is not a firm of solicitors and does not provide legal advice. Beaumont assists clients by providing options for the recovery of the unpaid debt. No advice will be given by Beaumont in respect of which option you should pursue. Any advice that is given to the client by any solicitors that have been appointed by Beaumont acting on behalf of the client will be done so in accordance with the terms of business of the solicitors as is standard under the rules of the solicitors regulation authority.

8. Liability

a.    In providing the Services, Beaumont will exercise reasonable care and skill.

b.    Beaumont shall not be liable for any direct or consequential losses sustained by the Client in the provision of the Services howsoever caused, to the extent permitted by law.

9. General

a.    You agree to immediately inform us as soon as any payment from a Third Party in respect of any unpaid debt covered by the Services has been received.

b.    It is agreed that Beaumont may subcontract any of the functions, tasks or activities within the ambit of the Services to any other provider.

c.     You agree that Beaumont has the authority to undertake, where appropriate, anti – money laundering checks and checks to verify the identification of the clients at Beaumont’s sole discretion and prior to accepting instructions or prior to accounting to the client for any monies recovered.

d.    These terms and conditions are subject to change without notice at the discretion of Beaumont. By agreeing to continue to provide instructions and using the Services you agree to be bound by these terms and any subsequent updates of them. Terms and Conditions are always available to the client upon request.

10. Force Majeure

a.    In the event that Beaumont is prevented from performing any task, function or activity pursuant to the Services in whole or part by industrial action, lock out, war, riot, explosion of fire, restrictions of movement caused by strike, fuel and transport disruption, act of god (including pandemics, epidemics and weather events) or any other influence outside the control of Beaumont whether affecting its own business of that of any support or supplier, Beaumont shall not be liable for any direct, indirect or consequential loss or damage to the you or any other person whatsoever to the extent permitted by law.

b.    You agree to indemnify us in respect of any sums paid by Beaumont to any person in respect of such losses (whether or not a claim has been issued at court) howsoever caused.

11. GDPR

a.    “Controller”, “Processor”, “Data Subject”, “Personal Data”, “Personal Data Breach”, “processing” and “appropriate technical and organisational measures”:  as defined in the Data Protection Legislation.

b.    Data Protection Legislation / Domestic Law:  all applicable data protection and privacy legislation in force from time to time in the UK including the UK GDPR; the Data Protection Act 2018 (DPA 2018) (and regulations made thereunder) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of Personal Data (including, without limitation, the privacy of electronic communications); and the guidance and codes of practice issued by the Information Commissioner or other relevant regulatory authority and applicable to a party.

c.     Beaumont is the Processor of any personal data provided by you under these Terms and Conditions (“the personal data”). The Controller is Beaumont’s Managing Director.

d.    Your personal data will be stored on our electronic debt recovery management system where it may be viewed by any employee of this office for the purposes stated below. You agree that, in the event that your personal data is received by us in a hardcopy or paper format, the document containing your personal data will be scanned on to our electronic debt recovery management system and then destroyed as soon as possible. 

e.    Subject to our obligations under Data Protection Legislation you authorise us to share information with solicitors, agents, advocates, mediators, translators, insolvency practitioners, the Insolvency Service, court or tribunals, barristers, waste collection agents, IT consultants, experts and any other person or supplier necessary to enable us to provide our Services. We will ensure that any persons authorised to process your personal data have committed themselves to confidentiality or under an appropriate obligation of confidentiality and have taken the measures required by Article 32 of the GDPR.

f.      You have a right to request access to rectification or erasure of data and to object and request the restriction of processing and data portability subject to our professional and legal obligations.

g.    A subject access request can be made to our registered office for the attention of the Controller. 

h.    If you are not satisfied with our response or believe we are processing your data unfairly or unlawfully you can complain to the Information Commissioner’s Office.

i.      Both parties agree to comply with all applicable requirements of the Data Protection Legislation. This clause is in addition to, and does not relieve, remove or replace, a party's obligations or rights under the Data Protection Legislation.

j.      The parties acknowledge that for the purposes of the Data Protection Legislation, Beaumont is the Processor and Beaumont’s Managing Director is the Controller. The nature and purpose of the personal data being processed by us are to enable us to provide you with debt recovery services and/or in connection with the conduct of litigation, potential litigation or dispute resolution. We do not process personal data for any other purpose. We will store your personal data for a period of 6 years or such longer period as may be required by our professional regulators after which your personal data will be destroyed.

k.    Without prejudice to the generality of clause 11(i), you will ensure that we have all necessary consents and notices in place to enable lawful transfer of the Personal Data to us and/or lawful collection of the Personal Data by us for the duration and purposes of this agreement.

l.      Without prejudice to the generality of clause 11(i), we shall, in relation to any Personal Data processed in connection with the performance of the Services:

i.               process that Personal Data only on your instructions unless we are required by Domestic Law to otherwise process that Personal Data. Where we are relying on Domestic Law as the basis for processing Personal Data, we shall promptly notify you of this before performing the processing required by the Domestic Law unless Domestic Law prohibits the Provider from so notifying the Customer;

ii.              ensure that we have place appropriate technical and organisational measures, to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymising and encrypting Personal Data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to Personal Data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by it);

iii.            ensure that all our personnel who have access to and/or process Personal Data are obliged to keep the Personal Data confidential; and

iv.            not transfer any Personal Data outside of the UK unless your prior written has been obtained and the following conditions are fulfilled:

a.    we have provided appropriate safeguards in relation to the transfer;

b.    the Data Subject has enforceable rights and effective legal remedies;

c.     you comply with your obligations under the Data Protection Legislation by providing an adequate level of protection to any Personal Data that is transferred; and

d.    we comply with reasonable instructions notified to it in advance by you with respect to the processing of the Personal Data.

v.             assist us, at your cost, in responding to any request from a Data Subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;

vi.            notify you without undue delay on becoming aware of a Personal Data Breach related to the Services to be performed to you;

vii.           at your written direction, delete or return Personal Data and copies thereof to you on termination of this agreement unless required by Domestic Law to store the Personal Data; and

viii.         maintain complete and accurate records and information to demonstrate its compliance with this clause.

m.    You do not consent to us appointing any other processor of Personal Data under this agreement save as so required by clause 11(e) of this agreement.

 n.    Either party may, at any time on not less than 30 (thirty) days’ notice, revise this clause by replacing it with any applicable     controller to processor standard clauses or similar terms adopted under the Data Protection Legislation or forming part of an applicable certification scheme (which shall apply when replaced by attachment to this agreement).

12. Juristiction

This agreement shall be governed by the laws of England and Wales and all parties submit to the exclusive jurisdiction of the courts of England and Wales in the event of any dispute arising out of these Terms and Conditions.

Beaumont Recoveries Ltd, Office 43, The Sugar Mill, Oakhurst Road, Leeds LS11 7HL

Company Registration Number: 09015045

www.beaumont-recoveries.co.uk

Issue Date: 31st March 2023