LRC Terms & Conditions
1. Introduction
The following terms of engagement apply to all work carried out by Legal Recoveries & Collections Limited ("LRC") for clients except as otherwise agreed. The expression "we", "us" and "our" refer to LRC and "you" and "your" refer to our client.
Our intention is to provide you with the highest quality of service, handling your instructions with professional skill, care and attention.
These terms of engagement appear on a Web site operated on behalf of LRC. The address of LRC for all correspondence relating to this Web site is at 10 George Street, Nottingham, England. All communications regarding this Web site should be addressed to the Managing Director, Legal Recoveries & Collections Limited, at the above address.
2. Use of our Web site
The content and design of the Web site pages are subject to copyright owned by LRC or used under licence from third party copyright owners. We permit you to make copies of our site as necessary incidental acts to your viewing of it and you are welcome to print pages for your personal use but no part of this Web site may be reproduced or transmitted for any other purpose.
You may not link to this site, nor frame it, without our express written permission.
From time to time this Web site may feature content related to the law and legal developments. Such content is intended to provide general guidance only and should not be regarded as a substitute for taking legal advice in relation to your particular circumstances. Content related to the law and legal developments featured on this Web site is based upon the laws of England and Wales unless otherwise expressly stated.
From time to time this Web site may also include links to other Web sites. These links are provided in order to enhance the interest of other featured content and are not intended to signify that LRC endorses or otherwise has any responsibility for the content of the linked Web site.
This web site is made available for public viewing on the basis that LRC exclude to the extent lawfully permitted all liability whatsoever for any loss or damage howsoever arising out of use of this web site or reliance upon the content of this web site.
3. Account Manager
It is important that you are kept fully informed of progress in carrying out your instructions. In addition to any specific method of communication and reporting agreed with you, we operate an 'Account Manager' system to ensure that you have a single, senior lawyer who will maintain an overview of your affairs and have ultimate responsibility for ensuring that your requirements are met.
4. Instructions
Advice rendered by us is provided for the purpose of the instructions to which it relates and for your benefit. It may not be used or relied on for any other purpose or by any person other than yourself without our prior agreement.
We shall not be responsible for any failure to advise or comment on any matter which falls outside the scope of your instructions.
5. Court Action
Should Court action be commenced, LRC will instruct Young & Pearce solicitors, ("Y&P") of 58 Talbot Street, Nottingham to act as your solicitors. Y&P will appoint LRC to act as their agent to undertake all aspects of the proceedings which are not required to be undertaken by a solicitor. Y&P's terms of engagement will apply, a printed copy of which can be provided on request.
6. Charges
We will normally charge fixed fees for uncontested debt recovery, in accordance with the accompanying fee schedule.
If any matter becomes contested or if complications are noticed when considering your initial instructions then, our charges are normally calculated by reference to the current hourly rates of the lawyers concerned applicable at the time the work for you is done.
We will obtain your consent before carrying out work for which an hourly rate will be charged.
Hourly rates vary according to the level of seniority of each lawyer and expertise required; your instructions will be carried out at a level appropriate to providing an efficient and economic service.
Hourly charging rates are reviewed periodically and will be increased automatically at that time. When requested, we shall notify you of the current rates applicable to your work.
If you require, we can tell you when fees reach a certain level and place a limit on the level of charges that we may incur without further reference to you.
Any estimate is given only as a guide to assist you in budgeting and should not be regarded as a firm quotation unless otherwise agreed in writing.
7. Expenses and disbursements
In appointing us to act on your behalf, you are also authorising us, unless you instruct us to the contrary, to incur such expenses and disbursements as we consider necessary which you will be required to reimburse to us. We will consult you before incurring any significant expenses or disbursements.
Examples of expenses and disbursements which we may have to pay on your behalf include court and commissioner's fees, bank charges incurred by LRC as a consequence of cheques received in payment of any outstanding account, being dishonoured or countermanded, and fees of barristers and other experts.
If we are dealing with a contested matter, we reserve the right to charge expenses of travel, accommodation and meals while travelling away from the office and also for photocopying costs incurred on your behalf.
8. Value Added Tax
Any estimates or quotations given by us are net of VAT, which will be charged as applicable on our fees and on those expenses and disbursements that are liable for VAT.
9. Accounts
We will submit invoices to you at regular intervals (usually monthly) or at appropriate stages in the conduct of the matter.
We reserve the right to request payments in advance on account of fees and disbursements.
10. Payment
Payment is due upon presentation of our invoice. We understand and will exercise our statutory right to claim interest and compensation for debt recovery costs under the late payment legislation if we are not paid according to agreed credit terms.
If an account is overdue for payment, we reserve the right to suspend work and to retain documents and papers belonging to you and your associates, irrespective of the matter to which they relate, until all sums outstanding to us are paid.
When we receive instructions from, or on behalf of, more than one person or company to deal with any particular matter, each person or company for whom we are acting will be separately responsible for payment of the full amount of our fees and disbursements.
11. Termination of instructions
If you terminate this agreement necessitating the transfer of current files, we may make an administration charge of £15 plus VAT per file.
We will release all current files on payment of charges outstanding as the date of termination, including any administration charges.
We may decline to act further by giving you written notice where we have reasonable grounds to do so (including failure by you or your associates to settle invoices in full on the due date or to make payments in advance when so requested).
12. Money held by us
Money held by us (and accrued interest) may be taken by us in payment or part payment of our invoices, whether overdue or not. This extends to money held for your associates.
13. Confidentiality and conflicts
All information regarding your business and affairs will be regarded as, and kept confidential at all times unless you instruct us to disclose information or we are compelled to disclose it by law, for example, where money laundering is suspected or other fraud or crime is involved.
An actual or potential conflict between your interests and the interests of another client of the company may arise during the course of a matter. If this situation arises during our dealings with you, we will discuss the position with you and determine the appropriate course of action. In order to protect your interests, our professional rules may require us to stop acting for you on that matter.
14. File storage
Files and other papers relating to your matters will be stored for such time as we judge reasonable or for such time as we are required by law to do so, after which we may destroy them. Such files or papers may be preserved on microfilm or by other means of image processing. This applies to all files and papers retained by us other than title deeds, wills and similar items.
15. Complaints
If you have any comments or concerns about the services that we provide, or, you wish to discuss any aspect of the way in which your instructions are being handled and you do not wish to raise these with the individual lawyer involved, please speak to your Account Manager in the first instance, or contact the Managing Director.
16. E-mail Communications
If you have the necessary facilities we will sometimes use E-mail for communication with you unless you tell us not to.
If certain communications should not be sent over the Internet please let us know.
Viruses or other harmful devices may be spread over the Internet. We take reasonable precautions to prevent these problems by use of a fire wall and virus checking software. If we are to communicate by E-mail, it is on the basis that you will do likewise.
17. Privacy Statement
This statement sets out our policy in relation to holding and using information which we may obtain from you in the course of your use of our Web site.
If you have opted to provide us with information about yourself, we may use this information to ensure that we can give you the best possible service and to contact you by E-mail or by post to send you details about our services or to send you bulletins which we believe may be of interest to you. If you do not want us to use the information in this way please inform your Account Manager.
Under Data Protection legislation (in England and Wales - equivalent legislation may be in force in other countries within the European Community), you may request details of personal information we hold about you. Please send such requests to the address below, marked for the attention of the "LRC Data Protection Compliance Officer". A fee will be payable. If you believe that any information we hold about you is incorrect or incomplete, you should write without delay to the Data Protection Compliance Officer at the same address. Any information which is found to be incorrect will be corrected promptly.
18. Associates
These terms shall apply to you and your associates, which, for the purposes of these same terms, includes all companies which you control, or, if you are a company forming part of a group, all companies in that group.
19. Jurisdiction
The High Court of England and Wales shall have exclusive jurisdiction to settle any dispute which may arise between us. To this end, you and we irrevocably agree to submit to the jurisdiction of the High Court of England and Wales and irrevocably waive any objection to any action or proceedings being brought in that Court or any claim that any such action or proceeding has been brought in any inconvenient forum. Judgment in any suit, action or proceedings brought in the High Court of England and Wales shall be conclusive and binding and may be enforced in the courts of any other jurisdiction.
20. Disclaimer
The material in our web site is provided for general information only. No action should be taken in reliance on any of that information. Appropriate professional advice should always be taken. Legal Recoveries & Collections shall not be responsible for any loss arising out of reliance on anything contained in this site. The provision of information through this site does not constitute legal or other professional advice.
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