[fullwidth backgroundcolor=”” backgroundimage=”” backgroundrepeat=”no-repeat” backgroundposition=”left top” backgroundattachment=”scroll” video_webm=”” video_mp4=”” video_ogv=”” video_preview_image=”” overlay_color=”” overlay_opacity=”0.5″ video_mute=”yes” video_loop=”yes” fade=”no” bordersize=”0px” bordercolor=”” borderstyle=”” paddingtop=”20px” paddingbottom=”20px” paddingleft=”0px” paddingright=”0px” menu_anchor=”” equal_height_columns=”no” hundred_percent=”no” class=”” id=””][title size=”1″ content_align=”left” style_type=”single” sep_color=”” class=”” id=””]Terms & Conditions[/title][fusion_text]These terms and conditions govern your use of our website. Please read the terms in full before you use this Website. If you do not accept these terms, please do not use this Website. Using the Website shall be your agreement that you accept these terms. We do occasionally update these terms so please refer back to them in the future.
1.1 You will be able to access the majority of this Website without having to register any details with us.
USE OF WEBSITE
2.1 You are permitted to use our website for your own purposes and to print and download the specified material from this Website provided that you do not modify any content without our consent. Material on this website must not be republished online or offline without our permission.
2.2 The copyright and other intellectual property rights in all material on this Website are owned by us or our licensors and must not be reproduced without our prior consent.COURT ENFORCEMENT UK LTD reserves the right to initiate Legal proceedings in the event that its copyright is infringed, or in the event of “Passing Off”.
2.3 Subject to paragraph 2.1, no part of this Website may be reproduced without our prior written permission.
- SITE UPTIME
3.1 We will take all reasonable steps to ensure that this Website is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to server and, other technical issues. Therefore we will not be liable if this website is unavailable at any time.
3.2 This Website may be temporarily unavailable due to issues such as system failure, maintenance or repair or for reasons beyond our control. Where possible we will try to give our visitors advance warning of maintenance issues but shall not be obliged to do so.
- VISITOR CONDUCT
4.2 When using this website you shall not post or send to or from this Website any material:
(a) for which you have not obtained all necessary consents;
(b) that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in the United Kingdom;
(c) which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.
4.3 We will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to this website in breach of paragraph 4.2
- LINKS TO AND FROM OTHER WEBSITES
5.1 Links to third party websites located on this Website are provided for your convenience only. We have not reviewed each third party website and have no responsibility for such third party websites or their content. We do not endorse the third party websites or make representations about them or any material contained in them. If you choose to access a third party website linked to from this Website, it is at your own risk.
5.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, any page on this Website, and subject to the following conditions:
(a) you do not in any way imply that we are endorsing any services or products unless this has been specifically agreed with us;
(b) you do not misrepresent your relationship with us or present any false information about us;
(c) you do not link from a website that is not owned by you; and
(d) your website does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in the United Kingdom.
5.3 If you choose to link to our website in breach of Paragraph 5.2 you shall fully indemnify us for any loss or damage suffered as a result of your actions.
6.1 We take all reasonable steps to ensure that the information on this Website is correct. However, we do not guarantee the correctness or completeness of material on this Website. We may make changes to the material on this Website at any time and without notice. The material on this Website may be out of date, or on rare occasions incorrect and we make no commitment to ensure that such material is correct or up to date.
6.2 The material at this Website is provided without any conditions or warranties of any kind. To the maximum extent permitted by law, we provide access and use of this website on the basis that we exclude all representations, warranties and conditions which but for these Terms may have effect in relation to this Website.
6.3 COURT ENFORCEMENT UK LTD are NOT a firm of solicitors. We provide or arrange a variety of services to Landlord/Agents and Letting Agents. Where a solicitor and/or law firm are required, you will be referred to a firm which is regulated by the SRA (Solicitors Regulation Authority) or equivalent. You are not obliged to accept any referral made by ENFORCEMENT AGENTS LTD.
- EXCLUSION OF LIABILITY
7.1 Neither we nor any other party (whether or not involved in producing, maintaining or delivering this Website), shall be liability or responsible for any kind of loss or damage that may result to you or a third party as a result of your or their use of our website. This exclusion shall include servicing or repair costs and, without limitation, any other direct, indirect or consequential loss, and whether in tort or contract or otherwise in connection with this Website.
7.2 Nothing in these Terms shall exclude or limit liability for (i) death or personal injury caused by negligence (as defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under the law of the United Kingdom.
- GOVERNING JURISDICTION
This Legal Notice shall be governed by and construed in accordance with English law. Any dispute(s) arising in connection with this Legal Notice are subject to the exclusive jurisdiction of England and Wales.
- OUR DETAILS
Our business’s name is: Court Enforcement UK LTD
Our registered address is: 186 WANSTEAD PARK ROAD
Our contact details are: firstname.lastname@example.org, Tel 08006891099 or postal address as above.
TERMS AND CONDITIONS FOR COMMERCIAL RENT ARREARS COLLECTION SERVICES PROVIDED BY COURT ENFORCEMENT UK LTD T/A CRAR LONDON & EVICTION GROUP. To apply in conjunction with other standard terms as advertised.
- The cost of our services shall be in most cases be borne by the tenant. However, if the client accepts cheque, cash or any other type of payment in full, or withdraws the enforcement agent instruction or enters into arrangement with the tenant following the issuing of Notice of Enforcement a fee of £75 shall be payable by the client. If the client accepts cheque, cash or any other type of payment in full, or withdraws the enforcement agent action or enters into arrangement with the tenant following attendance of the enforcement agent, the client shall be required to pay an additional £150 fee. (Excluding Controlled Goods Agreement)
1.1 Where it is necessary to instruct a third party on the clients behalf, including but not limited to external removal contractors, to assist with their matter we shall do so as their agent and they shall be responsible for payment of their fees.
1.2 Payment of Invoices for such services are payable upon receipt and ENFORCEMENT AGENTS LTD reserve the right to charge interest at an equivalent rate of 12% per annum chargeable from time to time on late payments plus compensation at £150 per Invoice, in addition to the terms under the Late payment of Commercial debts Interest Act.
1.3 COURT ENFORCEMENT UK LTD do not accept any liability for services or information provided by any third parties instructed by us on your behalf in respect of your matters.
1.4 Once the instruction is received, the client must not accept any cheques or promises of payment from the tenant.
1.5 The client must not issue any other proceedings regarding this debt whilst the CRAR process is underway.
1.6 If the client agrees to instalments from the tenant the enforcement agent will be entitled to his fees first and if the enforcement agent is required to collect the said instalments over a period in excess of 60 days then a fee will be charged to the client of 5% of each instalment collected.
1.7 If the client instructs the enforcement agent to remove goods the enforcement agent will be entitled to apply any funds raised against his fees first.
1.8 By completing and submitting the instruction forms contained on this website this will be considered your acceptance of our terms of service and appending your name as the the instructing party will be regarded as your electronic signature.
TERMS AND CONDITIONS FOR LEASE FORFEITURE, POSSESSION, DEBT COLLECTION SERVICES PROVIDED BY COURT ENFORCEMENT UK LTD T/A CRAR LONDON & EVICTION GROUP.
Terms and conditions for services provided COURT ENFORCEMENT UK LTD T/A CRAR London. Please read these terms and conditions carefully, they contain important information about your rights and obligations. By instructing us after having been provided with these terms and conditions you will be accepting the terms and conditions
1.1 CRAR LONDON & EVICTION GROUP means ENFORCEMENT UK LTD whose business address is 24 Holborn Viaduct, London EC1A 2BN .
1.2 “The Landlord/Agent/Client” means the Landlord/Agent/Client instructing COURT ENFORCEMENT UK LTD to carry out the obtaining possession of the Property, and/or the collection of rent/debt.
1.3 “The Property” means the property of the Landlord/Agent/Client requiring to be repossessed and in respect of which there are debts or arrears of rent due to the Landlord/Agent
1.4 “Services” means any of the activities carried out by COURT ENFORCEMENT UK LTD or their agents on behalf of the Landlord/Agent/Client, these services include the preparation and service of notices, obtaining possession of property, collection of rents/debts.COURT ENFORCEMENT UK LTD may at their discretion require the assistance of external sub contract agents when providing the above mentioned services.COURT ENFORCEMENT UK LTD accepts no liability vicariously or otherwise for the actions or torts of these agents.
2.1 English Law shall govern this agreement and all parties shall submit to the exclusive jurisdiction of the courts of England and Wales.
2.2 In accordance with Anti Money Laundering measures we may require a copy of a recognised photographic ID such as driving licence or passport. In addition we may require a recent utility bill. If you are a Limited Company we may require proof of Identity for a Company Director.
3.1 COURT ENFORCEMENT UK LTD maintains a separate Client account with its bankers and undertakes to notify the Landlord/Agent whenever possible of any payment received and which requires processing through the Client account.
3.2 Any monies received and processed through COURT ENFORCEMENT UK LTD Client account will be accounted to the Landlord/Agent as soon as is practicable once funds have been cleared, subject to deduction of any fee due to ENFORCEMENT AGENTS LTD from the Landlord/Agent.
3.3 In the event that the Landlord/Agent requires COURT ENFORCEMENT UK LTD to take payment of debts by way of credit card then in the event that payment taken by card is paid to the Landlord/Agent and then at a later point that card payment is charged back then the Landlord/Agent agrees that the monies paid to them will be paid back to COURT ENFORCEMENT UK LTD.
3.4 COURT ENFORCEMENT UK LTD reserves the right to terminate the obtaining of possession of the Property and collection of any outstanding rent or debt either prior to the commencement of the possession/collection process or at any time during the possession/collection process/including the right to withdraw from any legal proceedings issued on behalf of the Landlord/Agent.
3.5 Fees and/or commissions due to COURT ENFORCEMENT UK LTD will be charged on all accounts collected for the Landlord/Agent, whether in whole or in part, in accordance with the current rates agreed between the Landlord/Agent and COURT ENFORCEMENT UK LTD and all charges, with the exception of court fees, will be subject to VAT.
3.6 The Landlord/Agent agrees that COURT ENFORCEMENT UK LTD as the Landlord/Agent’s agent may at its discretion appoint a panel solicitor to act on behalf of the Landlord/Agent in obtaining possession of the Property collecting any monies due to the Landlord/Agent and to enter into any conditional fee agreement with the COURT ENFORCEMENT UK LTD panel solicitor on behalf of the Landlord/Agent.
4.1 The Landlord/Agent warrants that all sums referred to COURT ENFORCEMENT UK LTD for collection services are true and a valid.
4.2 Where the Landlord/Agent receives any payments directly, which necessitate the collection of, or the reduction in the value of, an account already placed for collection by COURT ENFORCEMENT UK LTD to be stopped, full details must be notified immediately by the Landlord/Agent to COURT ENFORCEMENT UK LTD who will charge the Landlord/Agent the normal fees and or commission payable as if that account had been successfully collected by COURT ENFORCEMENT UK LTD. Similarly, where the Landlord/Agent instructs us to cease action on a case or account for reasons other than the legal insolvency, death or any other demise of the tenant or reason acceptable to COURT ENFORCEMENT UK LTD, then we will charge the Landlord/Agent the normal fees payable as if the case had been successfully concluded by us.
4.3 We may require additional information from the Landlord/Agent to enable us to obtain possession of the Property and collect the outstanding rent. Any request for additional information by us to the Landlord/Agent should be produced as soon as possible.
4.4 In the event that any legal action is commenced on behalf of the Landlord/Agent by COURT ENFORCEMENT UK LTD panel solicitor the Landlord/Agent will be liable for any costs ordered to be paid by the Court in favour of the Defendant but not for the avoidance of doubt any legal fees payable to the panel solicitor other than Court issue fees save as provided in clause 4.5 below.
4.5 In the event of any legal action commenced on behalf of the Landlord/Agent becoming defended we shall have the absolute discretion as to whether or not to invoke the provisions of clause 3 and if a panel solicitor shall have been appointed the Landlord/Agent shall be responsible for the ENFORCEMENT AGENTS LTD panel solicitor’s costs of dealing with the defence in accordance with their terms.
Prices and charges
5.1 The prices and charges payable by the Landlord/Agent are those quoted prior to the commencement of work unless otherwise separately agreed in writing to the Landlord/Agent prior to us being instructed to act by the Landlord/Agent. Fixed fee Lease Forfeiture and all services requiring the attendance of enforcement agents shall be for one agent’s initial attendance for up to two hours only, and excludes the cost of further agents if authorised by the client, and external contractors. Time on site thereafter shall be charged at £90 per hour per agent.
5.2 Where prices and charges are not quoted, we undertake as far as is reasonable and is possible to notify the Landlord/Agent of any extraordinary or additional charges before such charges are incurred or likely to be incurred.
5.3 All fees and charges are subject to VAT at the prevailing rate where applicable.
5.4 COURT ENFORCEMENT UK LTD reserves the right to deduct collection fees from all direct payments received on behalf of the Landlord/Agent.
5.5 Standard payment terms are 7 days from invoice date.
5.6 COURT ENFORCEMENT UK LTD charges interest at 8% above base on late payment of our invoices in accordance to the Late Payment of Commercial Debts act (1998). We reserve the right initiate legal proceedings and other debt recovery measures for unpaid invoices after 30 days. All costs incurred as a result of initiating such measures shall be borne by the defaulting client.
5.7 The Landlord/Agent or will bear all fees payable to HMCS incurred during the possession/rent collection process and where appropriate all fees payable to the High Court Enforcement Officers during the enforcement process in accordance with the High Court Enforcement Officers’ terms of engagement.
5.8 On instruction by the Landlord/Agent to commence the Services the full fee quoted by COURT ENFORCEMENT UK LTD shall be payable or retained by us in any event notwithstanding that either possession of the Property might have already been obtained by the Landlord/Agent or the Landlord/Agent decides that he does not wish to continue with the Services save that we will in these circumstances refund to the Landlord/Agent that part of the fee that relates to court fee payable to HMCS or High Court Enforcement Officers if these fees have not already been incurred. Receipt of the Landlord/Agents or Agents instruction to act shall be regarded as commencement of work.
6.1 COURT ENFORCEMENT UK LTD accepts no liability for errors or negligence caused by actions of employees, representatives, suppliers or any other third party contracted by us in fulfilling its responsibilities and duties towards the Landlord/Agent.
6.2 COURT ENFORCEMENT UK LTD cannot be held responsible for stoppages of work, delays in delivery of post, strikes, lockouts, wars or any other calamity considered an act of God or nature beyond our control.
6.3 In the event of a Landlord/Agent failing to pay any charges or invoices due to COURT ENFORCEMENT UK LTD, then we reserve the right not to provide the Landlord/Agent with continuing Services and to withdraw all or any Services without notice.
6.4 We will at all times maintain complete confidentiality as regards the information obtained from the Landlord/Agent in the performance of the Services and shall not disclose such information to any third party.
6.5 Nothing in these Terms and Conditions or the provision of the Services shall create or be deemed to create a partnership or employer and employee between the Landlord/Agent and COURT ENFORCEMENT UK LTD.
6.6 COURT ENFORCEMENT UK LTD shall not be liable for any consequential loss suffered by the Landlord/Agent as a consequence of any delay in obtaining possession of the Property or the subsequent default of a tenant that has been referenced via COURT ENFORCEMENT UK LTD and our maximum liability for loss or damage for breach of contract negligence or other tort breach of fiduciary duty or trust or otherwise shall be limited to £500 for any one matter or transaction or series of transactions
We are confident that the Service we provide is of a high quality. If however you have any queries or concerns about the Services please raise them at first instance with the Managing Director. Our written complaints procedure is available upon request.
8.0 COURT ENFORCEMENT UK LTD are NOT a firm of solicitors nor do we purport to be. We provide or arrange a variety of services to Landlord/Agents and Letting Agents. Where a solicitor and/or law firm are required, you will be referred to a firm which is regulated by the SRA (Solicitors Regulation Authority) or equivalent. You are not obliged to accept any referral made by us.
EXCLUSION OF LIABILITY
9.1 Neither we nor any other party (whether or not involved in producing, maintaining or delivering this Website), shall be liability or responsible for any kind of loss or damage that may result to you or a third party as a result of your or their use of our website or services. This exclusion shall include servicing or repair costs and, without limitation, any other direct, indirect or consequential loss, and whether in tort or contract or otherwise
9.2 Nothing in these Terms shall exclude or limit liability for (i) death or personal injury caused by negligence (as defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under the law of the United Kingdom.
This Legal Notice shall be governed by and construed in accordance with English law. Any dispute(s) arising in connection with this Legal Notice are subject to the exclusive jurisdiction of England and Wales.
Our business address is: 24 Holborn Viaduct, London EC1A 2BN
Our contact details are: email@example.com, Tel 0800 6891093 or postal address as above.[/fusion_text][fusion_text]These terms and conditions govern your use of our website. Please read the terms in full before you use this Website. If you do not accept these terms, please do not use this Website. Using the Website shall be your agreement that you accept these terms. We do occasionally update these terms so please refer back to them in the future.
Our contact details are: firstname.lastname@example.org, Tel 0800 6891093 or postal address as above.[/fusion_text][/fullwidth]