BW LEGAL TERMS AND CONDITIONS OF BUSINESS

1. Your instructions

1.1 To act on your behalf in respect of your debt recovery action requirements. 

2. Our Aim

2.1 We aim to assist you efficiently and effectively and to offer quality debt recovery services at a fair and proportionate cost, both financially and having regard to your time and resources. You have opted to utilise our services via Creditsafe’s online portal and we therefore adopt the charging structure you have agreed with Creditsafe.

2.2 We will update you by telephone or in writing with progress on your matter regularly.  We will communicate with you in plain language and will explain to you the legal work required as your matter progresses.  

3. Our Approach

3.1 We will consider your objectives with you and come to an agreed plan of action which will best achieve these objectives, taking into account your specific circumstances and requirements. If you have any queries about this please do not hesitate to ask us.

3.2 We do, however, ask that you fulfil your responsibilities to us by:

a) providing us with clear, timely and accurate instructions;

b) providing all of the documentation required to complete the transaction in a timely manner;

c) safeguarding any documents which are likely to be disclosed to the opponent in the event of litigation being required.

4. Standard Terms and Conditions of Business

4.1 We have some standard terms and conditions (“Terms and Conditions of Business”) under which we carry out our business for our clients.   These will be sent to you upon receipt by us of your first instruction and shall apply to all matters we carry out for you.

4.2 Although your continuing instructions will amount to acceptance of the terms by which we will provide our services to you as set out in this letter, it will be helpful for our records if you could sign and return a copy of our Terms and Conditions of Business.  

5. People Responsible for Your Work 

5.1 I am the Chief Operations Officer of the firm, and I am responsible for the overall supervision of the work undertaken on your behalf.  In my absence our Operations Manager, Matthew Baxter, or a member of his team, will be able to access your file and to answer routine queries.

5.2 Other members of staff may assist as the matter progresses and I will, where possible, keep you up to date in this regard.

5.3 Our normal office opening hours are 8.00am to 7.00pm, Monday to Friday and 9.00am to 2.00pm on Saturdays.  

6. Our Fees and Expenses 

6.1 Our Costs and Fees are as agreed via Creditsafe and are attached at Appendix A.

6.2 Our standard billing arrangements are set out in clause 5 of our Terms and Conditions of Business.

7. Relationship management – quality assurance process 

7.1 I have the day to day responsibility for managing this firm’s relationship with you in connection with this matter. It is my responsibility to ensure that you are satisfied with the service you receive from this firm. I am responsible for organising with you regular reviews to monitor our performance and I will also undertake a final review meeting to consider our overall conduct of this case at its conclusion.

7.2 If you are unhappy about any aspect of the service you have received, or about the bill, please contact me to discuss matters further.

7.3 If you are not satisfied with our handling of your complaint you can ask the Legal Ombudsman to consider the complaint.  Their helpline number is 0300 555 0333.

8. Limitation of Liability  

8.1 For the purposes of clause 18 of the Terms and Conditions of Business, the aggregate liability of BW Legal in any circumstances whatsoever, whether in contract, tort, statute or otherwise and howsoever caused (including our negligence) for loss or damage arising from or in connection with the Services (as defined in our Terms and Conditions of Business) shall be limited to the sum of £3 million inclusive of interest and costs.

9. Money Laundering

9.1 The law requires solicitors to obtain satisfactory evidence of the identity of their clients and sometimes people related to them.   This is because solicitors who deal with money and property on behalf of their client can be used by criminals wanting to launder money.

9.2 Our practice is to carry out a company search to identify our clients or an online search using Creditsafe.

9.3 In the case of a limited company, our practice is to obtain;

a) a Certificate of Incorporation

b) a Memorandum of Articles of Association

 c) Proof of Identity and Residence of Two Directors and the Majority Shareholder.

10. Equality and Diversity

10.1 BW Legal is committed to promoting equality and diversity in all of its dealings with clients, third parties and employees.  Please contact us if you would like a copy of our equality and diversity policy.

11. Agreement

11.1 Unless otherwise agreed and confirmed by ourselves in writing, this Engagement Letter together with our Terms and Conditions of Business applies to any future instructions given to us.

11.2 Your continuing instructions in this matter amount to your acceptance of all our Terms and Conditions of Business.

11.3 The circumstances in which either party may terminate this retainer are set out in clause 17 of our Terms and Conditions of Business.

 

Our debt recovery and litigation service aims to develop and retain a long term relationship with our clients.  We are committed to providing a quality service and a properly managed relationship.  We look forward to working together with you to bring your case to a satisfactory conclusion. Should you have any queries, please contact Matt Baxter on 0113 357 0515.

Yours sincerely

RACHAEL WITHERS
Chief Operations Officer

APPENDIX A

Debt Value Commission Rate
£25 to £4,999 17%
£5,000 to £9,999 12%
£10,000 to £49,999 9%
£50,000 to £99,999 8%
£100,000 plus 6%