Submit a Debt - Terms & Conditions

Below are the Terms and Conditons for submitting a debt to Veritas Legal via the online 'Submit a Debt' form.

Definitions

1. These terms and conditions apply to the collection of outstanding debts by Veritas Legal Services Ltd ("Veritas", "we" or "us") for the Client;

2. The "Client" means any individual, company, partnership or trader using the services provided by Veritas Legal Services Ltd;

3. All references to the "Act" shall mean the Late Payment of Commercial Debts (Interest) Act 1998 as amended by the Late Payment of Commercial Debt Regulations 2002, as may also in future be amended or consolidated;

4. "Compensation" shall mean compensation pursuant to the Act;

5. “Debt recovery costs” shall mean the amount of reasonable debt recovery costs that are payable by a debtor pursuant to the Late Payment of Commercial Debt Regulations 2013 (“the Regulations”) as may also in future be amended or consolidated;

6. "Commission" shall mean the rate of commission payable by the Client to Veritas after an account has been settled or any monies received via any source after intervention by Veritas

7. "Solicitor" means a panel firm, sourced by us on your behalf

8. "CCFA" means a collective conditional fee agreement

Authority

9. The Client undertakes to provide Veritas with the appropriate consent and authority, whether orally or in writing, including electronic media and instructions received via the Veritas website;

10. Veritas 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 us for services rendered. Payment of the recovered balance (less the retained fee) will be issued to the Client 10 days after being banked, allowing ample time for effects to clear.

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

12. The Client agrees to provide Veritas with all supporting documentation to validate the existence of a lawfully due debt from the Client’s debtor within a reasonable timescale after it first having been requested. Should any such requests be ignored or not complied with, then Veritas reserves the right to make such charge as it deems fit if recovery efforts are prejudiced as a result;

Indemnity and Liability

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

14. The time Veritas takes to perform any obligation under this contract shall not be the essence of the contract;

15. 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 Veritas will be unable to verify in every case. We will accept no liability for any errors therein or omissions therefrom;

16. Veritas 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 us;

17. Veritas shall be indemnified by the Client for any actions taken by itself, the debtor or its agents, if such actions prejudice the ability of Veritas to collect, we reserve the right to charge such commission that would be due as if the debt had been collected in full; Specifically, if the Client receives payment, or enters into negotiation with any Debtor at any time after instructing us, then the full commission which would have been chargeable will remain payable in full.

18. The Client agrees with Veritas to indemnify, and keep indemnified, Veritas from any and all loss, damage or liability (whether criminal or civil) suffered, and legal fees and costs incurred, by Veritas resulting from a breach of this contract by the Client, including any act, neglect or default by the Client, its employees or agents, or any breaches in respect of any matter arising from the supply of services under these terms and conditions resulting in any successful claim by any third party;

19. The Client agrees that its rights and obligations under these terms and conditions are in lieu of and to the exclusion of any other warranty, condition, term, undertaking or representation of any kind, whether express or implied (whether by statute or otherwise);

20. The Client acknowledges that it has not been induced to enter into any contract with Veritas by reason of any representation made by Veritas or any of its agents or employees; no representations made by Veritas and/or its agents or employees have any contractual effect to override these terms and conditions;

21. The Contract (Rights of Third Parties) Act 1999 shall not apply to this contract;

Debt Collection

22. The Client must notify Veritas immediately if there is any change in the amount due in respect of any account passed to us for collection;

23. Veritas will retain the late payment interest, compensation and debt recovery costs recovered under the Act and the Regulations on behalf of the Client at its absolute discretion;

24. If a case is recommended by Veritas 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 Veritas and the Client;

25. Where the Solicitor agrees to act on a CCFA, the Client will indemnify Veritas for all costs which are payable to the solicitor in the event of a breach of the terms of the CCFA by the Client.

26. It is the Clients responsibility to advise Veritas where any payment is received directly from the debtor after legal action has been instigated. We will not accept liability for any unnecessary costs, which might arise as a result of any such failure to notify us; and the Client will be liable for all costs incurred by breach of the CCFA, if relevant, by such action.

27. 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 Veritas carries out the Clients instructions;

28. Where agreed in advance, Veritas will accept settlement of the debt by instalments. The agreed upon fee will be taken from each instalment collected (i.e. 20% of each part payment).

 

Billing

29. Veritas will raise invoices to the Client at the successful conclusion of a matter and at its discretion. Payment shall become due in accordance with the payment terms contained herein;

30. In the event of legal action the Client may expect to receive invoices from Veritas to fund the cost of legal action, in the form of court fees and other disbursements as may be required from time to time to progress matters. The Client undertakes to pay all such invoices in accordance with the payment terms contained herein;

31. All invoices or charges not settled strictly to terms, may render at our discretion, the entire account including all work in progress due and payable immediately;

32. Upon full payment of the principal sum, (subject to these conditions and to the debt in question being subject to the Act and the Regulations, Veritas will be subrogated to the Client's entitlement to receive compensation, late payment interest and debt recovery costs, and the Client acknowledges that we will be entitled to retain any such compensation, late payment interest and debt recovery costs recovered, and, if necessary, issue and pursue legal proceedings against the Client's debtor in the Client's name, seeking payment of the compensation, late payment interest and debt recovery costs;

33. The Client agrees to provide all such information and supporting documentation to Veritas in order to allow us to pursue and recover the compensation, late payment interest and debt recovery costs;

34. The Client, upon receiving payment of the principal debt plus any interest shall be entitled to request in writing within seven days following receipt that Veritas shall not pursue compensation and debt recovery costs on behalf of the Client, whereupon Veritas will invoice the Client for that sum that the Client has foregone pursuit of and any interest paid directly;

35. The Client undertakes that it shall not prejudice the right of Veritas to pursue compensation, late payment interest or debt recovery costs, whether in the Client’s name or that of Veritas and it acknowledges that if such prejudice occurs (such fact to be at the absolute discretion of Veritas) then the Client will be liable, and invoiced for the same, plus any court fees or disbursements incurred by us;

36. In the event that the Client is not entitled to compensation, late payment interest or debt recovery costs under the Act and the Regulations, Veritas will charge 15 % commission for all monies recovered pertaining to the value of the original debt referred to us. It is acknowledged that Veritas will make every effort to pursue the Client’s debtor for interest, compensation and any reasonable debt recovery costs in accordance with the Client’s contractual provisions (if any). However, the commission invoiced by Veritas will not be subject to the Clients contractual elements being recovered from the debtor, and shall be payable by the Client in any event;

37. In the event that any debt referred to us by the Client is disputed resulting in a credit/set off being raised or the Client’s debtor makes a full and final payment which is/not accepted by the Client, then the right by the Client to claim Compensation may be prejudiced, in which case Veritas will charge the Client 15 % commission pertaining to the value of the original debt;

38. If for any reason, Veritas is unable to recover a debt, prior to the issuing of legal proceedings, whether due to issues of liability, the Client not being prepared to fund a tracing instruction, the Client not being prepared to fund legal action, any documentation requested by us not being forthcoming, then we will report the position back to the Client for feedback and confirmation of intent. The Client shall have a period of 45 days in which to consider its options. If the Client does not provide further and concise instructions within that timescale, then we reserve the right without further reference to the Client to close the file, destroy all papers lodged with us and invoice the Client an administration fee of £100 plus VAT;

Payment Terms

39. Payment is due within 30 days from the date of any invoice and cannot be varied or altered without the written consent of a director of Veritas.

40. The Client agrees to pay Veritas promptly without demand, deduction or set-off any sum payable by the Client to Veritas under these terms and conditions;

41. Veritas reserves the right to exercise its statutory right to claim interest, compensation and debt recovery costs in relation to any overdue invoice sent to the Client at the rate specified under the Act and the Regulations;

42. Any sum which remains unpaid will be subject to interest at the rate of 8.5% pa, or the current rate of Late Payment of Commercial Debts (Interest) Act from time to time, as may be applicable. In addition, the Client agrees that they shall be liable to indemnify Veritas for all legal fees, to include a 50% success fee and an after the event premium, which are the costs of collection of the outstanding invoice, and the Client agrees to exclude such claims from the Small Claims Track by consent.

Termination

43. Any failure by the Client to comply with these terms and conditions shall be a fundamental breach of the contract between Veritas and the Client, and shall entitle us at our election, to terminate the contract. In the event of any breach of this contract by Veritas, the Client shall not be entitled to terminate the contract unless, having given Veritas written notice to remedy the alleged breach within thirty (30) days, Veritas has failed to so remedy the breach;

44. In the event of termination of this contract for any reason whatsoever, the Client shall immediately pay to Veritas all sums due and owing to us by the Client;

Confidentiality

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

46. All information provided by Veritas 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 person or party whatsoever;

Jurisdiction

47. 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 exclusive jurisdiction of the English Courts;

 

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Call Veritas Legal Debt Recovery Services on Exeter 01392 498686 or Torquay 01803 617077
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