Terms & Conditions

 

 

 

 

Previous Terms and Conditions

The Terms will only supersede previous Terms where the enforcement power changes from the appropriate regulations at the time of instruction to The Taking Control of Goods Regulations 2013.

Introduction

West Country Bailiffs, for the purposes of these Terms and Conditions, trades its business as ‘West Country Bailiffs’ and provides a variety of services to their clients or potential clients including but not limited to; enforcement, debt recovery, tracing, investigation, evictions, security, and legal activities.  

Instructing Us

a) By completing an Instruction Form/Written Instruction and/or instructing West Country Bailiffs by any other means, you, the private individual, firm, authorised company representative or legal
 professional instructing us and on payment of the invoice for the required service become the ‘Client’ and authorise West Country Bailiffs to provide the services to you as set out in the Instruction Form/Written Instruction. By instructing us you confirm you have the legal right to do so and consent to our completion of all court paperwork on your behalf. 

b) By becoming the Client (which includes our ‘Enforcement Providers’) you agree to be bound by these T&C’s.

c) West Country Bailiffs  reserves the right to decline any instructions without stating a reason. In such circumstances any monies paid to West Country Bailiffs  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 for payment to His Majesty’s Court and
 Tribunal Service (HMCTS). We reserve the right to retain an administration fee of £25 where applicable. 

Definition of the Terms

These Terms and Conditions apply to the provision of services by West Country Bailiffs and its chosen Enforcement Providers. No
variation, alteration, substitution, or modification of these Terms shall be binding
on West Country Bailiffs unless expressly agreed by a Director of West Country Bailiffs. The Client agrees to be
bound by these conditions upon providing West Country Bailiffs with an instruction. 

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 authority of the courts of England & Wales. 

Cancellation of an Instruction

The cancellation of an instruction shall be made in writing and emailed to the following email address, it must come from the instructing party or their legal representative: office

The Work

a) Transfer to the High Court for enforcement. 

The Client or West Country Bailiffs (through its lawyer partners) shall obtain the appropriate certificate from the appropriate Court for transfer of a judgment to the High Court for the purposes of enforcement. The Client consents to use of a digital signature on the Form N293A. Upon receipt of the certificate, the Client or West Country Bailiffs will thereafter obtain the appropriate Writ of control or Writ of execution in the name of an Authorised High Court Enforcement Officer (AHCEO) ‘Clare Sandbrook’ (pursuant to paragraph 2 (1) of Schedule 7 of the Courts Act) as directed by West Country Bailiffs.

Where West Country Bailiffs is provided with the appropriate sealed certificate only the latter part of this work will apply. The fee payable to HMCTS to obtain a Writ is £78. In most instances the AHCEO will require the administration/compliance fee of £90 paid at the point of instruction. The Client may also instruct us by supplying a writ made out to our Officer, as named above.  

b) High Court enforcement – Writs of control and Writs of execution

West Country Bailiffs partner Authorised High Court Enforcement Officers & Certified Enforcement Agents (Enforcement Providers) shall undertake the enforcement action as directed in the Taking Control of Goods Regulations. We may also use a telephone collection strategy and letters in conjunction with enforcement agent attendances to enhance monetary recovery rates.

c) Commercial Rent Arrears Recovery (“CRAR”), Forfeiture of Lease and any other enforcement services under Common Law.

West Country Bailiffs Enforcement Agents and other Agents shall undertake the enforcement action as directed in the relevant Regulations and Common Law.

d) Other services

West Country Bailiffs, 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 and as per Regulations and under Common Law, National Standards as required. 

Fees, Charges and Disbursements

a) West Country Bailiffs 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.

b) The Client, with consent of the Creditor, hereby authorises West Country Bailiffs 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.

c) West Country Bailiffs 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.

d) 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 West Country Bailiffs in full
unless expressly agreed otherwise by a Director of West Country Bailiffs. 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 West Country Bailiffs that otherwise have been recoverable from the debtor under the relevant Regulations.

e) In certain activities and services, West Country Bailiffs 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.

f) West Country Bailiffs reserves the right to charge past due payment interest at eight per cent above the base rate applied from time to time by Barclays Bank plc 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.

g) 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 as of 6th April 2014), triggered by the
 Compliance Stage, in accordance with the High Court Enforcement Officers Regulations 2004 No. 400, Part 4, Regulation 13(3A) as amended by The
Tribunals, Courts and Enforcement Act 2007 Consequential, Transitional and Saving Provision) Order 2014 No. 600, Paragraph 8.

h) Where appropriate VAT will be charged at the current rate on fees, costs and charges and the Client directs West Country Bailiffs to recover them from the debtor as part of the execution process.

I) 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. West Country Bailiffs will notify you of such a change as soon as is practicable.

j) In the event of past due payment of any invoice that is raised for the provision of
services supplied by West Country Bailiffs, where the matter is passed to our chosen debt recovery agents to pursue recovery of the outstanding invoice we reserve the
right to charge an additional administrative fee of £60.00

k) Where the debt recovery agents are unable to recover the sums due by way of
their pre-legal collection procedures, West Country Bailiffs reserve the right to charge an additional administrative fee of £175.00 in circumstances where legal or insolvency proceedings are instigated.

Payments under a Writ of control

a) Payments collected under a Writ of control will be held “in suspense,” i.e., neither
belonging to the creditor or debtor, for 14 days before payment is made to the Client after the 15th day, as stipulated in the Insolvency Act 1986.

b) The Client authorises the Enforcement Agent to enter into a payment arrangement under a signed Controlled Goods Agreement, or otherwise where payment in full cannot be obtained.

c) In matters falling under the TCGA Where the debtor makes a part payment
towards the debt this payment will be split on a 50/50 basis between the Client and West Country Bailiffs in payment of the sum to be recovered, and any remaining amounts recoverable
in respect of fees and disbursements payable to West Country Bailiffs, in accordance with The Taking Control of Goods (Fees) Regulations 2014 Paragraph 13(3) & 13(4).


d) West Country Bailiffs will hold on to the Clients behalf any part payment recovered in an enforcement action until the amount payable to the Client reaches a minimum
sum of £250.00, unless expressly agreed otherwise by West Country Bailiffs.

Your Responsibilities

a) By instructing West Country Bailiffs the Client agrees to provide West Country Bailiffs with accurate information and documentation without delay. 

b) The Client confirms that no other enforcement action is being carried out that
will prevent or hinder West Country Bailiffs from carrying out their enforcement duties under the
Writ, Warrant or other instruction. Should the Client commence alternative enforcement action before a Formal Return is produced, the Client confirms payment of our fees in full will be made within 14 days. 

c) The Client confirms that the details given are correct and accepts any responsibility for information given which proves to be incorrect.

Refunds Policy

All sales are final and no refund will be issued.

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 West Country Bailiffs, any past, or future Directors, and/or any past, present or future
 employees of West Country Bailiffs.

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 because 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.

Exclusions of Liability

a) West Country Bailiffs 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) West Country Bailiffs shall bear no liability for loss and/or damage arising from matters outside
of its control.

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 West Country Bailiffs  relates strictly to the provision of services and should not be relied upon as legal advice.

b) West Country Bailiffs accepts no liability for any actions you may take or loss or damage you incur because 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 West Country Bailiffs  websites constitutes legal
advice in relation to any of West Country Bailiffs or its partners services.

Professional Indemnity Insurance

West Country Bailiffs carries professional indemnity insurance. Details may be obtained upon
request by writing to our registered office.

Complaints

a) West Country Bailiffs 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.

b) If your complaint relates to the actions of an Enforcement Agent, your compliant must first be made to the managing Enforcement Provider.

Data protection Act & GDPR

a) West Country Bailiffs 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 and our duty of confidentiality.

c) By instructing West Country Bailiffs we may send you information by email that we think might be of interest to you. If you do not wish to receive that information, please unsubscribe within the email received or notify our office in writing.

General

a) These Terms and Conditions shall not affect any provision of the general law
or professional standards applicable to the relationship between West Country Bailiffs 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.

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.

Amendments to our Terms and Conditions

a) West Country Bailiffs may revise these Terms and Conditions at any time. The amended Terms will be effective from the date they are posted on our website.

b) 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.

Law and Jurisdiction

These Terms and Conditions are governed by and interpreted according to English law. All disputes arising under these Terms and Conditions are subject to the exclusive jurisdiction of the English courts.