Total Debt Relief Ltd. Debt Settlement Plan Terms & Conditions
The terms of this agreement are set out in the following terms and conditions. These are important. You should read them carefully to make sure you are happy with them. If there is anything you do not understand you should seek advice. The agreement between you and us is made on the following terms and conditions.
By choosing to use Total Debt Relief Limited you are now on a path towards regaining control of your ﬁnancial situation. We make sure that we are completely transparent in all our dealings with you, so please ensure you read our Terms of Business, these explain our Obligations to you and yours to us. These Terms of Business together with the debt settlement plan form the agreement between you and us (“agreement”).
- 1. Appointment and
1.1 You appoint us and we agree to act on your behalf, as debt advisors and debt adjusters and to provide the services included in the debt settlement plan.
1.2 This agreement will start when you conﬁrm your acceptance by signing the Terms & Conditions along with the Letter of Authority giving Total Debt Relief Ltd the ability to act on your behalf. You should also understand that TDR cannot engage your creditors until we receive active reference or account numbers for each creditor enrolled and the TDR Letter of Authority physically signed by you.
1.3 This agreement will continue for the term speciﬁed in your plan, unless ended earlier by you in accordance with clause 8 or by in accordance with clause 9.
- 2. What we will
2.1 Based on the information provided by you to us, we will review your income and expenditure and issue a draft debt settlement plan in respect of those types of debt which do not fall within the exclusions set out in clause 6.2 below. This will indicate a monthly payment which we believe you can aﬀord based on the information that you have provided to us. It will also include an estimate of the total fees payable by you to us for the services which we provide under this agreement and an estimate of how long it will take to settle with your creditors.
2.2 Once the agreement starts we will notify your creditors of our involvement and will request revised payment terms on your behalf. We will attempt to persuade your creditors, where appropriate, to accept monthly token payments during the plan , not to charge interest and either suspend or withdraw any recovery, or similar proceedings, which they may already have taken against you or may have threatened to be brought against you. In order to ensure you receive the best service possible, the first six months of your debt settlement plan calls for active participation by all parties, including you.
2.3 You must notify us immediately if your circumstances change or you are unable to meet the payments set out in the debt settlement plan. In these circumstances, we shall attempt to renegotiate with your creditors and if possible arrange with you a revised debt settlement plan.
2.4 We will use all reasonable endeavors to stop any creditor or debt collector from contacting you directly and attempt to eliminate any form of harassment by them.
2.5 We will act in the best interests of you in line with the negotiation strategy and process under the debt settlement plan.
2.6 We will use all reasonable endeavors to provide the debt settlement service to you and will periodically review the account to ensure that negotiations and communications with the creditors are progressing as anticipated.
2.7 We will not agree to any settlements on your behalf above 40% of the enrolled debt without specific authorisation from you.
- 3. What you will
3.1 In consideration for the services provided, the client agrees to pay a service fee equal to 30% of the client’s total debt as listed in Appendix A of this agreement or in a subsequent schedule provided by the client. During the first six (6) months of the plan (setup period) all creditors will be contacted by TDR on your behalf and the services listed in clause 4 items 1- 10 of this agreement will be ongoing.
The debt settlement plan service fee shall be collected from the client’s monthly plan payments as follows;
- Forty Nine percent (49%) of the first six (6) plan payments (setup period) will be applied towards the thirty percent (30%) service fee; the remaining portion of the uncollected service fee will be divided over the remaining months of the plan and collected in accordance with the plan payment schedule.
For the purpose of clarity you should review the following service fee payment:
EXAMPLE ON £42233.22 OF DEBT
- Service fee of 30% = £12669.97
- Plan term = 56 Months
- Plan payment = £543.92
- Service fee collected each month during the first six months = £266.52
- Service fee collected over the remaining months = £221.42
The service fee charged will cover all work performed by Total Debt Relief Ltd. in accordance with clause 4, and include the following; accountancy, post requirements, creditor correspondence review and storage, monthly client file review, token payment distribution, client web portal access and general client service and monthly client communication associated with managing your plan. Over the duration of the program, according to the monthly savings and fee schedule, settlement funds will be set aside in a client account managed and over seen by TDR who carry Professional Indemnity Insurance. Over the duration of your plan, funds you contribute to the plan (Forty percent – 40%) of your Total Debt) will be used to negotiate and settle your creditor accounts.
- 4. Program Services.
During your settlement plan TDR will work on your behalf to negotiate a reduced settlement at a rate of 60% or more of the enrolled balance. Total Debt Relief Ltd. will provide the services listed below during your program term:
- Request Creditors Freeze Charges + Interest;
- Complete Creditor Reviews and handle any post and provide client reviews;
- Correspond with your Creditors or Collection Agents who are causing a nuisance or harassment through Collection Activities and promote your statutory and common law rights;
- Prepare documents / information on your behalf and information for use by Solicitors if needed.
- Assist you in the event your Creditor takes legal action against you or acts unfair or in breach of Consumer Protection Laws and regulations.
- Negotiate with and make full and final settlement offers to your creditors and/or collectors handling your accounts and ensure these comply with the statutory and common law requirements and any full and final settlements are legally binding and enforceable;
- 5. How we handle your
5.1 All payments that we receive from you will be paid directly into the TDR client account. TDR will then transfer the portion of the payment allocated to fees into the TDR operating account. The only payments which will be disbursed by the client account are monthly repayments (token payments or settlement payments) to your Creditors in accordance with the Debt Settlement Plan. TDR will maintain oversight of the client account and hold all payments contributing towards your settlement payments as required in accordance with your plan.
5.2 TDR will distribute the monthly token payments amongst your creditors in accordance with the Debt Settlement Plan normally within ﬁve working days of receipt of the monthly payment from you in cleared funds. If there is a delay in any payment which is not beyond our control, we shall take the appropriate action to put you in the position you would have been in, if the payment had been made within ﬁve working days in cleared funds and shall make good any additional interest which has accrued and any default charges that have been applied to the account as a result of the delay.
- 6. What we won’t
6.1 We cannot lend you money or oﬀer you any credit facilities.
6.2 We will not usually provide the services in relation to secured credit (such as certain hire purchase arrangements, secured loans and mortgages), rent (including rent arrears), utility bill payments (including arrears), council tax payments (including arrears) and other similar debts (unless the secured debt falls within the category of mis-sold financial Products).
6.3 We will not give you any legal advice.
6.4 Whilst we will attempt to agree to revised payment terms with your creditors in accordance with clause 2, we cannot stop your creditors from continuing to charge you interest and other charges, or from continuing any current, or bringing any future, recovery proceedings against you if they want to do this. Through this agreement TDR has been retained on your behalf and will protect you to the best of their abilities as outlined in this agreement.
6.5 We will not act on behalf of you at any time if you are in default of this obligation under this agreement.
6.6 We do not warrant that any creditor or debt collector will not issue, prosecute or enforce a claim against you during the currency of this agreement.
6.7 We will not act in respect of debts which are becoming subject of court proceedings but will work with any nominated/instructed solicitor or any solicitors chosen by you to act in relation to any such proceedings.
6.8 Pursuant to 6.7 TDR does not warrant that the nominated/instructed Solicitor will agree to act for you or if they do agree the basis on which they will act for you.
- 7. What you will
7.1 You must provide us with full, accurate information on the form we provide to you including your income, outgoings, creditors and dependents. You must also provide us with details of any outstanding judgments against you or any actual or threatened court proceedings.
7.2 You must make the agreed monthly payments to us in accordance with the debt settlement plan promptly and without deduction or set off.
7.3 You must allow us to negotiate on your behalf with your creditors.
7.4 You must send us originals or copies of all correspondence you receive from your creditors so that we can deal with them on your behalf. Your correspondence will be scanned and stored by us as an electronic image and the original paperwork destroyed. If originals are provided we can only return them to you if you request this prior to posting.
7.5 You must promptly provide up to date financial information as part of an annual review and that such financial information will be true, accurate and complete.
7.6 You must not borrow more money or enter into a new credit agreement without discussing it with TDR first.
7.7 You must tell TDR in advance by telephone, email or by letter if you cannot make a payment.
7.8 You Must tell TDR as soon as possible by telephone, email or by letter if:
- You find it difficult to keep to your budget;
- You cannot keep up with your priority payments, including any arrears on them;
- Your income or spending changes;
- You change your address, e-mail address or phone number;
- You receive a court document;
- Any of your debts are transferred to a different creditor or need to be updated in any way;
7.9 Debt Balances and Type of Debt (secured debt)
As a part of the Debt Settlement process we will acquire updated statements and account balances for each creditor you enroll in our plan. In the event we discover a discrepancy in the type of debt enrolled or the balances you provided, you agree and allow us to make an adjustment to the debt balances and or remove any secured accounts enrolled in the debt settlement plan. If such a discrepancy is identified, we will adjust the term of the plan accordingly. You will be notified of any adjustment and provided with a revised Appendix A, Schedule of Creditors.
7.10 During the term you must not make any payments directly to your creditors unless you have notified us in advance that you propose to do so and we have agreed that such payment can be made.
7.11 You must tell us if your circumstances change. If you are unable to maintain your monthly payments or if there has been an improvement in your circumstances and you’re able to increase your monthly payments we will require two weeks’ notice from you to make any amendments to any payment arrangements.
7.12 During the term you must incur no further debts, whether on credit or otherwise, other than those relating to your normal living expenses.
7.13 You will co-operate fully with TDR and provide us with all information, documents and authority which TDR may reasonably require.
7.14 You will pay us for the services provided in administering your debt settlement plan in accordance with the scale of fees set out in this agreement.
7.15 You understand that TDR may have to change this Agreement. If we do so, we will send notice to you and/or provide access to the changes. Before TDR makes such changes we will give you notice. If you do not accept the proposed changes then you can cancel this Agreement under clause 8.
7.16 As a result of a change to your personal and financial circumstances, you and TDR may agree to suspend (for a fixed period) your debt settlement plan (DSP) and replace it with a token payment plan (TPP). In that event you understand that TDR may have to change this agreement. Any TPP would continue for a maximum period of 2 months and it may be extended at the sole discretion of TDR.
7.17 If you miss or reduce any of your payments to TDR your creditors may cancel your payment arrangement and continue with collection/enforcement action against you for the repayment of your debts and additional interest and charges may be levied against you.
7.18 TDR does not accept responsibility for missing payments to creditors due to an incorrect reference number being quoted by you. This may lead to enforcement action by your creditors;
- 8. How you may end this
8.1 It is intended that this Agreement will continue until you have repaid your creditors but it can be cancelled as set out below.
8.2 You can cancel this Agreement at any time with immediate effect by telephone, email or letter.
8.3 What if I change my mind after I have signed?
Under the Consumer Protection (Distance Selling) Regulations 2000, you have a ‘cooling‐off’’ period. During the period of thirty (30) calendar days from the date you sign the TDR Terms & Conditions you have the right to cancel this agreement and receive a full no obligation refund . Any such notice must be properly addressed to TDR at its postal or electronic address given in the cancellation notice at the foot of this agreement.
This agreement will then be at an end and we will, refund to you, in full, all monies, which you have paid us and which have cleared through our general bank account (including your Initial Fee). Please note we are unable to accept verbal cancellation instructions and we will only accept signed written or electronic notification from you.
8.4 Should you choose to cancel the service after thirty (30) days; all monies saved in your client account will be returned to you. Any settlements entered into that require monthly payments to your creditors or the collectors representing them, become your responsibility. All service fees collected after 30 days are nonrefundable.
8.5 You may be entitled to a refund if we have demonstrably failed to carry out the services without reasonable care and skill.
8.6 You will be given the opportunity to withdraw from the agreement if, when you are informed of the total cost of the services, you decide the services are unsuitable.
8.7 If this Agreement is cancelled TDR will repay you any money not yet paid to your creditors within seven working days of confirmed cancellation.
8.8 If there are creditors who are owed money by you when this Agreement is cancelled your obligation to pay them continues and your creditors may take legal action against you for payment of those debts.
- 9. How we may end this
9.1 We may terminate this agreement in the event of any material information provided by you being false or misleading;
9.2 We may terminate this agreement in the event that you fail to co-operate with TDR.
9.3 We may terminate this agreement in the event that a bankruptcy petition is presented against you or an individual voluntary arrangement is entered into by you.
9.4 TDR can cancel this Agreement with immediate effect by telephone, email or letter following an annual review, if we determine that the debt settlement plan is no longer a suitable repayment solution for you.
9.5 TDR can cancel this Agreement with immediate effect by telephone, email or letter if:
- You miss three consecutive payments; or
- You miss a total of four payments in a 12-month period; or
- You do not complete an annual review of your personal and financial circumstances within a 12 month period.
9.6 If this Agreement is cancelled TDR will repay you any money not yet paid to your creditors within seven working days of confirmed cancellation.
9.7 If there are creditors who are owed money by you when this Agreement is cancelled your obligation to pay them continues and your creditors may take legal action against you for payment of those debts.
9.8 There is no cancellation fee payable if this Agreement is cancelled.
- Eﬀect of ending this agreement.
10.1 When this agreement ends, (a) our duties and obligations under this agreement will come to an end; (b) your liability to your creditors will continue to the extent that any amounts you owe to your creditors remain outstanding over and above the repayments made to them under the Debt Settlement Plan.
- 11. Personal information & Data Protection consent
11.1 We collect and use your personal information in accordance with our Data Protection Policy.
11.2 Please note that we may record and monitor telephone calls for purpose of training and service enhancements.
11.3 You agree TDR can hold data about you and share it with others in line with the
Data Protection Act 1998 and this Agreement.
11.4 You agree the personal details that you provide will be held and processed by TDR in connection with your debt advice and/or for arranging and administering a debt settlement plan or other financial solution agreed with us in writing.
11.5 You understand that your personal details will also be used by TDR to create and maintain our records, to manage and administer our business
11.6 Your client reference number is a unique identifier to you. You should only disclose this number to someone if you want him or her to have access to your personal financial details.
11.7 If you ask, TDR will tell you what information they hold about you and provide you with a copy in line with the Data Protection Act 1998. You shall let us know if you think that any information we hold is inaccurate or if your details change; so we may correct it.
- 12. Other
12.1 All fees are exclusive of any applicable value added tax (VAT) or other sales tax. Although the provision of our services is currently VAT exempt, this position could change in the future. If it does change we will notify you and amend your Debt Settlement Plan accordingly.
12.2 We may assign, transfer or deal in any other manner with our rights and obligations under this agreement by giving you written notice. You may not assign, transfer or deal in any other manner with your rights and obligations under this agreement without our written consent.
12.3 All notices sent under this agreement are valid if sent by post to the address set out in the agreement or to a valid email address supplied by either you or us and will be deemed received by the party to which it is sent 2 days after posting or if sent by e‐mail by 9am on the following day.
12.4 This agreement sets out the entire agreement and understanding between you and us and supersedes all prior agreements, understandings or arrangements (whether oral or written) relating to the provision of the services.
12.5 We shall not be deemed in breach of this agreement or otherwise liable to you if we are prevented or hindered from performing our obligations under this agreement due to any reason or event beyond our reasonable control.
12.6 If any part of this agreement is found to be invalid or unenforceable, that part shall be deemed severed from the agreement which will otherwise remain in full force and eﬀect.
- 13. Choice of Law.
13.1 This agreement will be subject to English law and any dispute arising out of this agreement will be determined by the English Courts which will have exclusive jurisdiction
- 14. COMPLAINTS
TDR maintains complaint handling procedures, copies of which are available on request. In the event you wish to complain please do so by telephone or in writing.
DEFINITION OF TERMS
- “This agreement” means this document comprising all pages and schedules
- “TDR” means Total Debt Relief Ltd
- “Customer” means the individual or individuals who have signed this agreement
- “Creditor” means a person, firm or body who claims that the debt is due from the customer
- “Enrolled balance” is the balance of your creditors on the date of signing this agreement or the balance confirmed in writing by your creditors at the next available date after signing this agreement;
- “Debt(s)” means any and all unsecured debts claimed to be due from the customer except those in respect of Utilities, Council Tax and other essential services
- “Agreed Debts” means individual debts the value of which have been agreed or established
- “Debt Collector” means a person, firm or body claimed to be authorized to recover a debt which is claimed to be due from the customer
- “Debt Services” means the services comprising the debt settlement plan
- “Debt Settlement Plan” has the meaning ascribed to it by the summary of the agreement
- “Monthly Saving Plan” is balance which is left after fees and token payments have been made the purpose is to use the accumulated funds to negotiate full and final settlements by way of lump sum or conduct Part 36 offers under the Civil Procedure Rules;
- “Monthly Payment” means the monthly amount to be paid by the customer to TDR which is set out in the first schedule to this agreement