1. Service Provider
a) We (The Client) hereby instruct LCMS Ltd (to be referred as LCMS from now on) to commence immediate recovery action and to act on our behalf as the service provider.
b) We agree that these terms and conditions as set out herein will apply to us for using the services of LCMS and that additional accounts referred to LCMS will also be subject to these terms and conditions.
2. The Service
a) LCMS will determine the most suitable collection methods for a placed debt.
b) LCMS reserves the right to refuse and to terminate the collection process at any time, without explanation and with no liability to itself.
c) LCMS is employed as the client's agent working on behalf of the client.
d) LCMS will provide the service through the use of its own personnel or through the use of a servant or agent of the company including without limitation, any lawyer appointed ("the agent") for the purpose of collecting the placed debt.
e) Stage two is the advancement of a debt to the Solicitor’s demand letter OR field agent (house call which is subject to a feasibility decision by LCMS) stage which may be employed with the consent of client.
f) Stage three is the advancement of a debt to the litigation stage which may be employed with the consent of client.
g) LCMS will not be liable for any indirect or consequential loss or damage, which may be suffered or incurred as a result of the service provided or otherwise, where action is taken as a result of client instructions or the client failing to supply or notify LCMS of appropriate information.
3. Fees and Charges
a) All fees, charges and commissions will commence from when LCMS are instructed either verbally or in writing.
b) A pre-agreed commission will be due on any amount recovered where settlement is made by payment to LCMS or its agent or directly with the client by acceptance of money. Full fees will be applied where the client instructs LCMS to hold, suspend or discontinue action without reasonable explanation or timeframe. Full fees will be applied to any contra or credit applied to a debtor’s account subsequent to the account referral to LCMS.
c) The pre-arranged commission applies only to stage one of the LCMS collection process, being standard debt collection demand letters and phone-calls by experienced LCMS collections staff. Advancement to stage two (see 2. e above) or stage three (see 2. f above) of the collection process may be engaged with the consent of both the client and LCMS and whenever an agreed rate of commission should be paid on foot of any payment received upon advancement to this stage of collection.
d) Under 3b above, full fees are due on any account that is withdrawn by the client for any reason. At its sole discretion however, LCMS may elect to reduce or waive this fee where an account is deemed to have been legitimately passed in error. In the event that LCMS decides to alter the fee, the following scale of charges will apply:
|Time account with LCMS / Account status||% of LCMS's fee|
|Less than 1 week||30%|
|Less than 1 month||50%|
|More than 1 month||100%|
|Payment promised, instalment plan agreed / in place or claims paid. Pre pay meter fitted and debt loaded||200%|
e) On matters where client's instructions are not received within a reasonable period of time, LCMS reserve the right to discontinue the action and submit a charge for all fees incurred to date, which may include the commission fee as detailed in 3b, together with any solicitor's fees, court fees and agent's fees, which have been incurred.
f) Where a repayment schedule is arranged LCMS reserves the right to invoice fees at such time as sufficient installments have been received either by LCMS or by the client to cover such costs.
g) A fee for successfully tracing any subject, individual or company will be applied where client has specifically requested to perform a trace on a debtor, whether the request was by spoken word, digital exchange, through LCMS’s dedicated client portal or any other means of communication.
h) V.A.T will be charged when applicable.
4. Obligations of the Client and LCMS
a) Any accounts referred to LCMS must be true and valid.
b) The client agrees to notify LCMS of any payments, offers or correspondence that is received directly from the debtor immediately.
c) Disbursements i.e. court fees, tracing fees etc. are the responsibility of the client. LCMS shall have the right to deduct from monies collected and retain and/or account for any money due to LCMS or an agent.
d) The client agrees to supply LCMS, when requested, relevant information to assist in the collection of an account, or deal with a query without delay.
e) The client agrees that any information provided for the issue of a Claim Form or other legal document to be prepared by LCMS or its agent will be correct and verified and that LCMS will not be liable or responsible whatsoever for any errors, omissions or action taken against the client as a result of any proceedings.
f) LCMS will not commence any legal proceedings without prior consent from the client.
g) The signatory or person or organisation that submits any debt collection instruction or any other request for services declare that they have proper authority to do so and will be liable for any fee or other as a result of that submission.
h) Documents sent or passed to LCMS are agreed to be transported at the sender's own risk. LCMS does not accept responsibility for any documents or other in any way whatsoever received from any source. LCMS reserves the right to dispose of any documents still in its possession three months from date of receipt (where applicable).
i) Any information supplied by LCMS is to be treated as indicative only and the client agrees any information supplied in respect of any credit reference, trace enquiry, company report etc is to be treated in the strictest confidence and must not be divulged to any third party/parties or outside source whatsoever.
j) LCMS will provide reports and updates to the client through LCMS’s dedicated online client portal where LCMS’s clients have 24 hour real time.
a) LCMS issue monthly invoices for the previous month’s collections. The client agrees that all invoices rendered by LCMS to the client are due and payable 15 days from the date of invoice.
b) LCMS reserves the right to charge interest at a monthly rate on the outstanding invoices including a late payment fee.
c) This or any other work that exists between LCMS and the client is agreed to be governed by Irish law and no other.
d) LCMS reserves the right to offset any money held against invoices outstanding.
e) LCMS will deduct any fees, charges or commissions as outlined in the provisions of paragraph 5.
a) LCMS reserves the right to alter, cancel, reject, and withdraw any of its services or terms at any time without penalty or compensation and without explanation.
a) The terms of the Agreement between the client and LCMS shall be kept strictly confidential at all times.
b) Details of individuals and cases will be kept confidential at all times and will be subject to the provisions of the Data Protection Act 1998.