GENERAL TERMS AND CONDITIONS
UK Bailiffs Limited and UK Bailiff Services Limited (UKB) provides enforcement, debt recovery, tracing, repossession, eviction, and related services to clients (“Client”). By submitting a signed Warrant of Control or Instruction Form, the Client agrees to these Terms and Conditions.
1. Instructions and Authority
1.1 Acceptance of Instructions: UKB may decline any instruction without providing a reason. Fees paid for declined instructions may be refunded upon written request and approval by a Director.
1.2 Client Authorisation: By submitting an Instruction Form, Warrant of Control, or other instruction, the Client authorises UKB to perform the specified services. Unless otherwise agreed in writing, UKB may prepare and sign necessary documents on the Client’s behalf, including Notices of Compliance, Enforcement, Controlled Goods Agreements, or Possession.
1.3 Delivery of Instructions: Instructions must be submitted electronically unless a Director agrees otherwise in writing. Verbal or postal instructions are not accepted without prior approval.
1.4 Subcontractors: UKB may engage subcontractors to perform services. UKB is not liable for the actions or omissions of subcontractors, provided they are selected with reasonable care.
2. Legal Advice
2.1 No Legal Advice: UKB is not a law firm and does not provide legal advice. Content on UKB’s websites does not constitute legal advice.
2.2 Liability Exclusion: UKB is not liable for any loss or damage arising from actions taken by the Client based on advice from UKB, its agents, or subcontractors.
3. Liability
3.1 Limitation of Liability: UKB is not liable for any loss of income, profits, reputation, customers, or opportunities, nor for indirect, incidental, special, or consequential damages, whether arising from breach of contract, negligence, or otherwise, even if foreseeable. This limitation applies to the fullest extent permitted by law.
3.2 Force Majeure: UKB is not liable for delays or failures in performance due to events beyond its reasonable control, including but not limited to natural disasters, pandemics, strikes, or government actions.
4. Fees and Disbursements
4.1 Fee Structure: Fees and disbursements are charged in accordance with the Taking Control of Goods (Fees) Regulations 2014 or other applicable regulations, recoverable from the debtor where possible.
4.2 Fee Deduction: UKB may deduct statutory fees from recovered amounts before remitting to the Client.
4.3 CRAR Costs: Costs incurred under Commercial Rent Arrears Recovery (e.g., locksmith charges) are offset against recovered funds.
4.4 Client Liability for Fees: If the Client receives payment directly, cancels, or withdraws an instruction, or if the debtor absconds before instruction, the Client is liable for UKB’s full statutory fees, payable within 7 days. Fees recovered later from the debtor will be reimbursed.
4.5 Direct Invoicing: For services such as evictions or forfeitures, UKB invoices the Client directly, with payment due as specified.
4.6 Contractor Costs: Costs for enforcement agents, locksmiths, or other contractors are incurred upon the Client’s agreement to their attendance, regardless of utilisation.
5. Payments and Disputes
5.1 Invoice Disputes: Uncontested portions of an invoice must be paid promptly. Disputed portions must be raised in writing immediately and not later than 7 days from invoice being sent.
5.2 Late Payments: UKB may charge interest at 8% above the Bank of England base rate on overdue balances, plus debt recovery costs. UKB reserves the right to suspend services for non-payment.
5.3 Chargebacks: If a payment is charged back by the Client’s bank and UKB cannot defend it, UKB may invoice the Client for the remitted amount.
6. Outcome of Instructions
6.1 No Guarantees: UKB does not guarantee successful outcomes for any instruction. Quoted fees remain binding regardless of results.
6.2 Traveller/Trespasser Evictions: UKB will make lawful efforts to remove illegal occupants, but fees remain payable even if unsuccessful, whether due to controllable or uncontrollable factors.
7. Client Obligations
7.1 Accurate Information: The Client must provide accurate, complete, and up-to-date information and documentation to UKB. The Client is solely responsible for the accuracy of such information.
7.2 No Conflicting Actions: The Client confirms no other enforcement actions hinder UKB’s duties.
7.3 Liability for Errors: The Client is liable for any losses or damages arising from inaccurate or incomplete information provided to UKB.
7.4 Indemnity: The Client indemnifies UKB, its directors, employees, and subcontractors against all losses, damages, or legal claims (including costs) arising from UKB’s services, Client instructions, or the Client’s breach of these Terms.
8. Complaints
8.1 Contact: Concerns about service should be directed to the Client Services Team at help@ukbailiffs.org.
9. Data Protection
9.1 GDPR Compliance: By submitting an instruction, the Client, as a data controller, confirms a lawful basis for processing data provided to UKB, which is stored and used solely for service delivery in accordance with GDPR.
10. VAT
10.1 Pricing: All quoted fees exclude VAT unless stated. VAT is charged at the prevailing rate.
10.2 VAT on Enforcement Fees:
- Non-VAT Registered Clients: Enforcement fees (e.g., £310) include VAT (e.g., debtor charged £372, including £62 VAT).
- VAT Registered Clients: The debtor pays the enforcement fee (e.g., £310) to UKB. UKB invoices the Client for the VAT (e.g., £62), which the Client can reclaim from HMRC per standard VAT procedures.
11. Governing Law and Jurisdiction
11.1 These Terms are governed by the laws of England and Wales. Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.
Created on 15th November 2018
