Capital Recovery Solutions Ltd – Terms & Conditions
​
1. Definitions
​
1.1 Additional Charges: Fees outlined in our current pricing schedule, including third-party disbursements and costs detailed in section 8.5.
1.2 Client: Any individual, company, or business entity engaging Capital Recovery Solutions Ltd (CRS) for services.
1.3 Debt: Any amount owed to the Client, as reported to CRS for collection.
1.4 Debtor: The individual or entity identified as owing money to the Client.
1.5 Minimum Fee: A base commission of £25 applied when calculated commission falls below this amount.
1.6 Recovered Funds: Any payments received concerning a Debt, including direct payments, offsets, returned goods, or other financial benefits obtained by the Client.
1.7 Pricing Schedule: The current list of CRS’s service fees, available upon request.
1.8 CRS: Capital Recovery Solutions Ltd (Company No. 15020024) and its affiliates.
1.9 Services: Debt collection activities and related services provided by CRS.
​
2. General Terms
​
2.1 All services are provided under these terms, which take precedence over any other terms unless modified in writing by an authorized CRS representative.
2.2 Engaging CRS for services constitutes acceptance of these terms.
​
3. CRS Responsibilities
​
3.1 CRS will make reasonable efforts to collect Debts on behalf of the Client.
3.2 Services will be conducted professionally and in compliance with applicable industry standards and regulations.
3.3 Funds collected will be held in a separate client account, subject to clauses 6.5 and 6.6.
3.4 CRS will issue payment reports to the Client at a minimum of once per calendar month and will transfer funds received in relation to Debts within 40 days of receipt, unless clauses 6.5 or 6.6 apply.
3.5 If collected funds are less than £25, payment will be made once the total reaches £25, unless no further collections are made.
​
4. Agency Authority
​
4.1 By engaging CRS, the Client grants authority for CRS to act as its agent in the recovery of monies owed. This includes, but is not limited to, making contact with debtors, liaising with legal professionals, enforcement agents, or other third parties required to deliver the Services.
​
5. Client Responsibilities
​
5.1 The Client agrees to provide all relevant documents and correspondence to facilitate services, complete and accurate information related to the Debt, and copies of any subsequent communications with the Debtor post-engagement.
5.2 The Client must inform CRS without delay of any payments received, part payments, or settlement arrangements made in relation to a Debt, including those occurring within four months after this agreement is brought to an end.
5.3 Refrain from engaging other agencies for the same Debt until this agreement is terminated.
5.4 Respond promptly to CRS’s requests for information or instructions.
5.5 Ensure all information provided to CRS is accurate and complete.
​
6. Fees and Payments
​
6.1 The Client agrees to pay commission on Recovered Funds at the agreed rate, or default rates of 15% for amounts under £10,000, 10% for £10,000–£25,000, and 7.5% for amounts over £25,000, as well as any Additional Charges incurred.
6.2 Fees are payable from the moment CRS is instructed to act. This includes scenarios where the Client fails to disclose payments, withdraws instructions unreasonably, or payments are received post-termination or from agreements made during the period of engagement.
6.3 VAT will be applied at the prevailing rate.
6.4 CRS may request advance payment for anticipated charges.
6.5 CRS may deduct fees from funds held on behalf of the Client, including those collected for associated companies.
6.6 CRS may withhold or decline to process funds to or on behalf of the Client if, in its reasonable opinion, doing so would place CRS in breach of legal, regulatory, or professional duties, or expose CRS to financial liability. The Client agrees to indemnify CRS fully for any costs or consequences arising from such circumstances. CRS may recover such sums by deduction from any amount held on the Client’s behalf.
​
7. Payment Terms
​
7.1 Invoices not settled through deductions will be payable within 21 days of issuance.
7.2 Late payments may incur interest at 4% above the base rate or as specified by applicable legislation, whichever is higher.
​
8. Legal and Insolvency Proceedings
​
8.1 CRS does not provide legal advice but may offer general information on debt recovery options. Clients should seek independent legal counsel as needed.
8.2 CRS may recommend solicitors for legal actions, but Clients are free to choose their own. CRS’s fees remain payable regardless.
8.3 Any legal advice provided by recommended solicitors is under their terms, independent of CRS.
8.4 The Client authorizes CRS to liaise with appointed solicitors, convey instructions, and manage related administrative tasks.
8.5 CRS may charge additional fees for administrative support in legal proceedings.
8.6 CRS may require advance payment for legal costs and may delay actions if such payments are not received.
8.7 Quoted legal fees are estimates and may vary based on case complexity.
​
9. Termination
​
9.1 Either party may terminate this agreement with 30 days’ written notice.
9.2 CRS may terminate immediately under circumstances including Client insolvency, breach of agreement, or if continuing services would be unethical or illegal.
9.3 Upon termination, all outstanding commissions and charges become immediately due.
​
10. Indemnification
​
10.1 The Client agrees to indemnify CRS against losses or claims arising from:
10.1.1 Breaches of this agreement.
10.1.2 Third-party claims related to CRS’s services, excluding those due to CRS’s negligence.
10.1.3 Expenses incurred on the Client’s behalf.
10.1.4 Recalled payments previously remitted to the Client.
​
11. Liability Limitations
11.1 CRS’s liability is limited to the lesser of the Debt amount or £1,000,000, excluding liabilities that cannot be legally limited.
11.2 CRS is not liable for indirect losses, including lost profits or business opportunities.
11.3 CRS is not responsible for actions taken based on general advice provided.
11.4 CRS is not liable for payments made to accounts provided by the Client, even if such accounts are incorrect.
​
12. Data Protection
​
12.1 CRS acts as a data processor for personal data provided by the Client.
12.2 Personal data is processed to facilitate debt collection services.
12.3 Data may include contact details, financial information, and identification documents, stored securely by CRS.
12.4 The Client authorizes CRS to share necessary data with third parties involved in service delivery.
12.5 CRS ensures that all personnel handling personal data are bound by confidentiality and data protection obligations.
12.6 Clients have rights to access, correct, or request deletion of their personal data, subject to legal obligations.
12.7 Subject access requests can be directed to CRS’s Data Controller at the registered office.
12.8 Complaints regarding data processing can be made to the Information Commissioner’s Office.
​
13. Miscellaneous
13.1 This agreement is governed by the laws of England and Wales.