Terms and Conditions

1. In this agreement the following terms shall have the following meanings:

• 'You' you and, in connection with debts in joint names, your spouse and / or partner and / or co-debtor.

• 'Us' ABC Debt Solutions of registered 31 Oatland Drive, Rugby, Warwickshire. CV22 7UN.

• 'Creditors' any and all of your unsecured creditors whose details you provide to us in accordance with section 3.

• 'Debt Management Program' a repayment plan devised by us and agreed by you pursuant to clause 4.2 below.

• 'Period' the period during which the Debt Management Program is in operation.

• 'Fees' the fees to be paid by you to us as set out in clauses 31 to 36 below.

Agreement

2. You request us and we agree to provide you with a debt counseling and debt-adjusting service in accordance with these terms and conditions. You authorize us to negotiate on your behalf with your creditors. This agreement shall continue until final repayment of the Creditors is made in accordance with the Debt Management Program, unless it should have been terminated beforehand in accordance with clauses 37 to 39.

What you will do:

3. You will provide us with full and complete information in connection with your financial affairs and those of any co-debtor. This includes, but is not limited to full and complete details of all; Income Expenditure Assets Liabilities Judgments Enforcement action being taken against you Arrangements with your Creditors Loans and hire purchase agreements Mortgages Credit cards

4. You will authorise us to negotiate with your Creditors and will sign any documents required by us or by your Creditors to enable us to so negotiate.

5. You will immediately forward copies of all correspondence, which you receive from your Creditors, or their agents to us and keep us informed of any dealings you have with any Creditors. Once the Debt Management Program has been agreed, you will not make any expenditure over and above your reasonable living expenses as agreed between you and us as part and parcel of the Debt Management Program. You will not incur any further debt (including any use of any credit card).

6. You will fully cooperate with us and provide us with such information, as we reasonably require in order for us to put forward and implement the Debt Management Program.

7. You will fully cooperate with us and provide us with such information, as we reasonably require in order for us to review or amend the Debt Management Program.

8. You will inform us immediately of any change in your financial circumstances and provide us with full details of all changes. This includes any changes in income, which you receive from any source.

9. Where any change in your financial circumstances results in any alteration or amendment to the Debt Management Program such that it is necessary for you to make increased payments to us then you will take all necessary steps to ensure that the increased payments to us are commenced no later than one month following our notifying you of the amount of your revised payment.

10. You will make all payments to us pursuant to the Debt Management Program promptly and without any deduction.

11. You will obtain such information from your Creditors as we reasonably require and provide us with this information promptly.

12. Non-contact from you will not be considered a cancellation of the agreement. If any funds are owing to you then written confirmation will be required to release funds owing to you in accordance with clause 33 of this agreement.

13. In the event that you fail to make any payment to us we will immediately suspend any action on your behalf. We reserve the right to inform your Creditors of your failure to maintain payments, which may result in your Creditors bringing or continuing legal action against you.

14. You will continue to make payment of all and any secured loans, mortgages or Hire Purchase agreements and all household bills (including insurances) none of which shall form part of the Debt Management Program.

What we will do

15. We will carry out a review of your financial affairs based on the information, which you provide to us. This will cover all aspects of your; Income Expenditure Assets Liabilities Credit cards Judgments Arrangements with your Creditors Loans and hire purchase agreements Mortgages

16. We will consider all debts secured on property or goods (such as mortgages and hire purchase agreements) regardless of the fact that we cannot negotiate with these secured creditors.

17. We will calculate your disposable income, based on your reasonable living expenses. We will produce a Debt Management Program and we will agree this with you.

18. We will negotiate with your Creditors and attempt to agree repayment terms with them in accordance with the Debt Destruction Program.

19. Any payments, which we agree with, your Creditors shall, so far as is possible, not exceed the payment, which we recommend to be made to them pursuant to the Debt Management Program. In any event we shall attempt to agree monthly payments to all of your Creditors, which do not exceed your monthly disposable income (after deduction of our fee).

20. We shall attempt to obtain your Creditors agreement to freeze any interest charges and to withhold from, suspend or withdraw from any legal or enforcement proceedings issued against you. However some creditors may continue to charge interest and other charges or continue with proceedings against you.

21. We do not guarantee to stop legal or other enforcement action by your Creditors and we cannot be held responsible for any such action.

22. We shall make payments to your Creditors in accordance with the Debt Management Program.

23. We will provide full details of all payments we have made on your behalf on request. We will in any event provide a statement showing all such payments at intervals not exceeding 3 months.

24. We will review the Debt Management Program following any notification by you of any change in your financial circumstances and we shall make changes to it and agree any changes with you and with your Creditors.

25. We will review the Debt Management Program from time to time, or when requested by your Creditors.

26. We will hold all payments, which you make to us in a separate client account, and we will not make any payments out of money paid by you except in accordance with your Debt Management Program.

27. We will deal with any correspondence from you with a minimum of delay.

28. We will keep all of the information, which you have given us confidential and save for the purpose of implementation of the Debt Management Program we will not disclose, any information that you have given us to any third party.

29. We cannot be held responsible for any legal or other action taken against you by your Creditors.

30. The Debt Management Program, or any part of the advice that we give does not constitute legal advice. Nor are we able to give any advice save in relation to the services, which we offer.

31. Monthly payments, which are not declared prior to our proposals being produced, will be worked out at 3% of the balance of each account.

Our Fees and Charges

32. When you instruct us to proceed with the Debt Management Program your first monthly payment will be paid to us. This is our Setup Fee.

33. We will charge a Monthly Fee of 15% of your disposable income the minimum being £15.00.

34. If this agreement is ended either by us or by you, we will return any monies upon request, to you which we hold to your credit and which have not been distributed to your Creditors after deducting any outstanding fees or other monies, which you owe to us under the terms of this agreement. Payment under this clause will be made within 30 days of the end of this agreement.

35. Where any payment by you is made on a weekly basis, the monthly payment will be four and one third times the weekly payment.

36. The Monthly Fee may change from time to time to reflect changes in your Debt Management Program.

37. In the event that you have any complaint with the services which we offer you should put such complaint in writing promptly and address this to: The Complaints Director, ABC Debt Solutions of registered 31 Oatland Drive, Rugby, Warwickshire. CV22 7UN.

38. In the event that any payment by you to us is returned unpaid, then you are liable to us for any charges that we incur.

39. Upon us negotiating full and final settlement with your creditors, we will charge you 15% of the saving that we make you.

40. In the event that a late payment is made by you, and a re-negotiation of an arrangement has to be made, or an additional creditor is added to the program, you the client will incur a charge of £10 per creditor.

Termination of agreement

41. You may cancel this agreement by giving us written confirmation of your decision to cancel within seven days of the date that you sign this agreement. If you do cancel this agreement you will not have to pay any fees and charges and we will refund to you any money that you have paid to us. The refund on any money will be made within 30 days of the receipt of your notice to cancel the agreement. This seven-day period is called a "Cooling Off Period".

42. After the end of the Cooling Off Period you may end this agreement at any time by giving us one calendar months notice in writing.

43. We may end this agreement by giving you one calendar months notice in writing if any one of the following things happens:

• a. You breach this agreement and do not remedy the breach within seven days of our bringing the breach to your attention;

• b. A bankruptcy petition is issued against you;

• c. You enter into an Individual Voluntary Arrangement;

• d. Where we have reason to believe that the information that you have provided to us is incorrect and that you knew it to be incorrect;

• e. The information provided by you to any of your Creditors for the purposes of obtaining any form of credit is deemed incorrect or fraudulent by any creditor; or

• f. If we are affected by circumstances beyond our control

 
 
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