■ PREAMBLE
§ 1 These General Terms and Conditions apply to the performance of all Debt Collection contracts with Debt Resolution Ltd or its subsidiaries.
§ 2 Existing contracts, which contain other regulations or regulations that are not in accordance with these General Terms and Conditions, shall remain valid. In such case, each provision of these General Terms and Conditions shall be applied unless another agreement contains a contradictory provision.
Regulations for the Debt Collection Contract
■ Article I – FORM AND EXTENT OF OUT-OF-COURT DEBT COLLECTION SERVICES
§ 1 Debt Resolution Ltd shall undertake the collection of undisputed debts out of court, and is empowered by the creditor or any other third party acting on behalf of the creditor (here- after referred as to the “Client”) to make use of any resources required to do so.
§ 2 Out-of-Court Debt Collection Services (hereafter referred as to “Debt Collection”) cover the following activities:
(1) demand for payment,
(2) negotiation of payment conditions,
(3) supervision of instalment plans,
(4) investigation of the debtor’s credit standing,
(5) acceptance and handling of payments on behalf of the Client to the extent this is not prohibited by law in the country in which the respective subsidiary of Debt Resolution Ltd is located, and
(6) other appropriate measures.
§ 3 Should Debt Resolution Ltd or one of its subsidiaries believe it would be in the best interest of the Client and/or the creditor – in the event the Client is not the creditor – to take measures or to settle in a way different from the terms underlying the debt by
(1) reducing the amount of principal,
(2) allowing a grace period or instalment payments by the debtor, provided this term exceeds three months after the acceptance of the relevant debt collection order,
(3) satisfying payment obligations with other goods or
(4) other similar measures, Debt Resolution Ltd or the acting subsidiary shall obtain prior written approval from the Client.
§ 4 Debt Collection activities shall be initiated against a particular debtor after the Client has sent a written order directly to Debt Resolution Ltd. Orders for Debt Collection that were placed via the web portal require no additional signed order. In both cases, prior acceptance of the General Terms and Conditions for Debt Collection by the customer is required.
§ 5 The signatory or person who submits a Debt Collection order hereby declares that he/she is properly authorised by the Client to do so, and agrees to be liable for any fee or other costs resulting from placement of this order.
§ 6 Debt Collection activities shall end with the successful collection of the debt or with the negative closing of the case. “Successful” shall
be defined as total or partial collection of the debt. “Partially collected” shall mean that no further payments will be made by the debtor. “Negative closing” shall mean that the debt could not be collected with the measures listed in Article I § 2 Points 1-6.
§ 7 The Client hereby authorises Debt Resolution Ltd to undertake on his/her behalf the actions referred to in § 2 and also authorises Debt Resolution Ltd to entitle its subsidiaries to act on behalf of the Client. Debt Resolution Ltd or one of its subsidiaries also reserves the right to authorise other debt collection agencies to act on behalf of the client.
§ 8 Debt Resolution Ltd. reserves the right to cancel or reject a Debt Collection order at any time without providing a reason and without penalty or compensation.
§ 9 Debt Resolution Ltd and its subsidiaries shall comply with all regulations, ordinances, or laws governing Debt Collection in the countries the services are carried out.
§ 10 On separate request by the Client, the subsidiaries of Debt Resolution Ltd will provide:
(1) legal advice on further debt collection steps
(2) recommendation for an external or in-house attorney to arrange debt collection proceedings in-court Any additional costs related thereto are not covered by the fees listed in Art II § 2.
■ Article II – FEES FOR DEBT COLLECTION SERVICES
§ 1 The general regulations concerning fees are as follows:
(1) The subsidiary in charge of Debt Collection shall be entitled to remuneration, which is regulated separately. The Client shall be informed of such remuneration through
a) an individual offer and/or
b) a price list and/or
c) online via the web portal.
If not otherwise agreed, the standard Debt Resolution Ltd conditions shall apply.
(2) The fees set forth in any of the sources listed in Art II § 1 Point 1 lit a-c are exclusive of VAT.
(3) In the event of partial payment, Debt Resolution Ltd or the subsidiary in charge of Debt Collection is entitled to submit a partial invoice.
(4) In case payments are effected by the debtor to the account of Debt Resolution Ltd or one of its subsidiaries any fee may be deducted therefrom.
(5) The fee shall be invoiced directly by the subsidiary of Debt Resolution Ltd, which was responsible for Debt Collection.
(6) Country-specific VAT regulations may lead to differences in the amount of VAT charged.
(7) The payment conditions granted to the Client may differ for each subsidiary.
§ 2 Debt Resolution Ltd shall charge the following fees for its services:
(1) In the event of successful Debt Collection, a success fee shall be paid to the subsidiary in charge. This fee (plus VAT) is payable without deduction for any set-off or counterclaim as soon as the Debt Resolution Ltd subsidiary or Client has received payment of the debt, following the placement of an order by the Client pursuant to the provisions of Art I § 4. If the debt is not paid in full in the form of a lump- sum payment, the Client shall pay the Debt Resolution Ltd subsid- iary a proportion of the fee (plus VAT) equal to the percentage of the debt paid, as soon as any partial payment is received. Debt Resolution Ltd shall also be entitled to a success fee if the debt is settled by the delivery of goods, returned shipments or services, irrespectively of the provision of Art I § 2 Point 1.
(2) In the event of negative closing of the case, a negative flat fee must be paid to the subsidiary in charge.
(3) If agreed, a registration fee or handling fee must also be paid.
§ 3 If the Client should ask Debt Resolution Ltd to take further measures, which can be summarised under additional Debt Collection services as listed in Article I § 2 Points 1-4 and which are not connected with services provided under the conditions of in-court Debt Collection, any additional costs will be charged to the Client. In this case, the regulations of Article II § 1 will be applied analogously.
§ 4 The Client and – in the event the Client is not the creditor – the creditor shall have the right including, but not limited to reduction of the claim amount, offset or deferral of the claim against the debtor. In this case, and in the event of a successful collection the Client shall pay a success fee based on the total amount of the claim.
§ 5 If the Client orders collection services for a debt that has been paid before the date of assignment and Debt Resolution Ltd can submit evidence thereof to the Client, Debt Resolution Ltd is entitled to a success fee equal to 50% of the amount due.
Rights and Obligations between the Client and Debt Resolution Ltd
■ Article III – DIRECT CONTACT BETWEEN THE CLIENT AND THE DEBTOR
§ 1 The Client shall inform the Debt Resolution Ltd subsidiary in charge of Debt Collection of all contacts with the Debtor, any offers or payments, and any changes in the information provided to Debt Resolution Ltd when the order was placed.
§ 2 If the Client does not observe the provisions of § 1 and the activities of Debt Resolution Ltd therefore become ineffective and impractical, Debt Resolution Ltd is entitled to close the Debt Collection file and charge 50% of the success fee calculated on the basis of the total amount of the claim.
§ 3 The respective subsidiary of Debt Resolution Ltd is also entitled to invoice the success fee if the Client receives payments, property other valuable rights or services in exchange for the debt after the subsidiary has established direct contact with the debtor.
■ Article IV – TERMINATION OF ORDERS
§ 1 placement and a payment plan has been mutually accepted, Debt Resolution Ltd is entitled to charge 100% of the success fee calculated on the basis of the total amount of the payment plan. This clause does not apply if the order is terminated in the period stated under Art IV § 1 Point 1.
■ Article V – COMMUNICATION BETWEEN DEBT RESOLUTION LTD AND THE CLIENT
§ 1
(1) The Debt Resolution Ltd subsidiary in charge of Debt Collection is obliged to inform the Client of all important actions.
(2) With respect to liability, the regulations of Art VII § 3 Point 1-2 shall be applied.
§ 2 The communication described in § 1 shall not be dependent on a particular medium or channel; it will be carried out primarily via the web portal and by email.
§ 3
(1) The Client shall provide Debt Resolution Ltd or the sub- sidiary in charge of Debt Collection with additional information or documents relating to the claim if previously requested by Debt Resolution Ltd or by the acting subsidiary.
(2) The Client agrees to transmit all documents and information to Debt Resolution Ltd or one of its subsidiaries at his/her own risk, and only copies of relevant documents should be transmitted. Debt Resolution Ltd and its subsidiaries shall accept no responsibility for documents. Debt Resolution Ltd and its subsidiaries are not obliged to store documents for more than three months.
§ 4 If the Client is responsible for debt collection and Debt Resolution Ltd or one of its subsidiaries acts as a subcontractor, the Client shall also provide additional information or documents relating to the services performed by the Client.
§ 5
(1) The Client shall provide written notice to the Debt Resolution Ltd subsidiary in charge of Debt Collection when the debt or any part thereof has been paid, as soon as reasonably practicable after receipt of payment but not longer than seven days following the date of such payment.
(2) If the Client fails to observe these provisions and the activities of Debt Resolution Ltd therefore become ineffective or impractical, Debt Resolution Ltd is entitled to charge a fee equal to the larger of 50% of the success fee calculated on the basis of the total amount of the claim and 100% of the success fee for the unreported payment.
§ 6 If the Client does not confirm payment in due time as indicated in Art V § 5 Point 1, the Debt Resolution Ltd subsidiary in charge of debt collection has the right to issue an invoice for the success fee on the basis of a bank transfer receipt provided by the debtor.
(1) The Client may terminate an order free-of-charge in written or signed form or via the web portal within 24 hours after order placement.
(2) If the debt is paid within the period stated under Point 1, the Client is not required to pay a fee.
§ 2 If the Client terminates an order within 90 days after the order date, Debt Resolution Ltd is entitled to charge 50% of the success fee calculated on the basis of the total amount of the claim.
§ 3 If the Client terminates an order after 90 days after the order date, Debt Resolution Ltd is entitled to charge a negative flat fee in case the debt could not yet be totally or partially collected.
§ 4 If the Client terminates an order after 24 hours after the order
■ Article VI – DATA PROTECTION
With the placement of a collection order, the Client expressly acknowledges his/her compliance with the provisions of the European GDPR Legislation for the processing and transfer of data and also agrees to the corresponding processing and communication of data by Debt Resolution Ltd or one of its subsidiaries. The communication of data is part of the business activities of Debt Resolution Ltd.
■ Article VII – LIABILITY
§ 1 Debt Resolution Ltd shall handle all claims in accordance with
Debt Collection T&C 2019
the directives of the Clients and in full consideration of his/her interests. Due to the special risks associated with Debt Collection, liability for all orders placed with Debt Resolution Ltd or with one of its subsidiaries
(1) is restricted to the fee charged by Debt Resolution Ltd in the event of ordinary negligence, and
(2) is excluded with respect to agents not directly employed by Debt Resolution Ltd or one of its subsidiaries. These agents may be
a) employees of debt collection agencies, who have been commis- sioned by Debt Resolution Ltd or one of its subsidiaries to proceed with Debt Collection, or
b) persons authorised directly by the Client - and who are not employees of Debt Resolution Ltd or one of its subsidiaries - to proceed on a debt collection case that has been received and accepted by Debt Resolution Ltd. This regulation shall also remain valid if the Client appoints a person to collect the debt after Debt Resolution Ltd or one of its subsidiaries has received and accepted an order.
§ 2 Liability for information provided:
(1) Reports or information provided by Debt Resolution Ltd or one of its subsidiaries to the Client may, in whole or in part represent expressions of advice or opinions based on data supplied by third parties. Debt Resolution Ltd will be unable to verify the accuracy of such information in every case and will therefore accept no liability for any errors therein or omissions thereto.
(2) Neither Debt Resolution Ltd nor any of its subsidiaries will be liable for any loss or damage whatsoever as a result of the Client’s use of any report or information supplied by Debt Resolution Ltd or one of its subsidiaries.
■ Article VIII – INVOLVEMENT OF THIRD PARTIES BY THE CLIENT
§ 1 The Client may not submit or assign any claim for Debt Collection to any third party, which was previously submitted or assigned to Debt Resolution Ltd or one of its subsidiaries, unless this order has been withdrawn or expired so as not to endanger collection of the Client’s debt.
§ 2 If the Client fails to observe the provisions set forth in § 1, Debt Resolution Ltd or the subsidiary in charge of Debt Collection is entitled to terminate the order and/or to charge 100% of the success fee calculated on the basis of the total amount of the claim.
■ Article IX – OTHER AGREEMENTS
All other agreements and amendments related to these “General Terms and Conditions for Debt Collection” shall only be valid in written form.
■ Article X – JURISDICTION AND APPLICABLE LAW
§ 1 These General Terms and Conditions and all agreements between Debt Resolution Ltd and the Client shall be governed and interpreted by Irish law. The exclusive place of jurisdiction is County Kildare, Republic of Ireland.
§ 2 In the event of special agreements between a subsidiary of Debt Resolution Ltd and the Client, the applicable law shall depend on the country in which the subsidiary is located. It is also possible to designate the law of a third country or the country in which the Client is located as applicable. The subsidiary and the Client must agree on the place of jurisdiction.
■ Debt Resolution Contact Details Debt Resolution Ltd Unit J1 Maynooth Business Campus
Maynooth, Co. Kildare, Ireland
T. +353 1 556 3001
E-mail: [email protected]
Debt Collection T&C 2019