Terms & Conditions

Rutherford’s Bailiffs and Collection Services Ltd – Terms and Conditions
Rutherford’s Bailiffs and Collection Services Ltd, 7-9 The Avenue, Eastbourne, East Sussex, BN21 3YA
Company / Registration Number 10516722
1. Provision of these Terms and Conditions
These Terms and Conditions are also available to view at our website at
www.rutherfords.co.uk/terms and on request in writing to the address specified in paragraph 2 a)
below.
2. Introduction
a) Rutherford’s Bailiffs and Collection Services Ltd provide a variety of services to their clients or
potential clients (“the Client”) including but not limited to: commercial rent recovery and squatter
evictions, traveller evictions, vehicle repossessions, process serving, High Court enforcement, debt
recovery and tracing, Asset Searches and Credit Control. Rutherford’s Bailiffs and Collection Services
Ltd are registered at Companies House under No. 10516722 and their registered office is at 7-9 The
Avenue, Eastbourne, East Sussex, BN21 3YA.
b) These Terms and Conditions set out the basis on which Rutherford’s Bailiffs and Collection
Services Ltd shall conduct all matters undertaken and shall be read in accordance with any covering
letter or warrant. Any differences arising in respect of individual matters shall be notified to the
Client in writing.
c) No variation, alteration, substitution or modification of these Terms and Conditions shall be
binding on Rutherford’s Bailiffs and Collection Services Ltd unless expressly agreed by Rutherford’s
Bailiffs and Collection Services Ltd in writing.
d) The Client agrees to be bound by these Terms and Conditions upon providing Rutherford’s Bailiffs
and Collection Services Ltd with an instruction.
3. Instructing Rutherford’s Bailiffs and Debt Collection Ltd.
a) By completing an Instruction Form and/or instructing Rutherford’s Bailiffs and Collection Services
Ltd by any other means, a private individual, firm, authorised company representative or legal
professional instructing us, Rutherford’s Bailiffs and Collection Services Ltd, 7-9 The Avenue,
Eastbourne, East Sussex, BN21 3YA Registration number 10516722 becomes the Client and
authorises Rutherford’s Bailiffs and Collection Services Ltd to provide the services as set out in the
Instruction Form.
b) By becoming the Client, you agree to be bound by these Terms and Conditions.
c) Rutherford’s Bailiffs and Collection Services Ltd reserves the right to decline any instructions
without stating a reason. In such circumstances any monies paid to Rutherford’s Bailiffs and
Collection Services Ltd in respect of those instructions may be refunded upon written request and
approval by Rutherford’s Bailiffs and Collection Services Ltd. Please note this does not include any
fees which were made payable to Her Majesty’s Court and Tribunal Service (HMCTS).
4. Costs, fees and disbursements
a) Our costs The Client will be provided with a quotation in advance, in respect of any instructions
received. If there are any changes in the Client’s instructions or relevant circumstances at any time,
these shall be reflected, as deemed fit, in an amended quotation which shall be provided to the
Rutherford’s Bailiffs and Collection Services Ltd – Terms and Conditions
Rutherford’s Bailiffs and Collection Services Ltd, 7-9 The Avenue, Eastbourne, East Sussex, BN21 3YA
Company / Registration Number 10516722
Client at the earliest opportunity. In the event that Rutherford’s Bailiffs and Collection Services Ltd
are unable to provide a quotation, the Client shall be kept informed of the work in progress on a
periodic basis, or upon request. Where it is necessary to instruct a third party on the Client’s behalf,
including but not limited to external investigators, Rutherford’s Bailiffs and Collection Services Ltd
shall do so as agent for the Client and the Client shall be responsible for payment of the third party
fees.
b) Further costs
In respect of debt collection, judgement/writ enforcement or commercial rent recovery, the
following will apply:
i) In respect of High Court Enforcement Orders where the debt is more than £600 and
there is an existing judgement in place in respect of it, there will be a handling fee of £50
plus vat in addition to any costs as outlined above in paragraph a.
ii) ii) In respect of all other actions other than that mentioned in paragraph i) above, there
will be a 20% no collect, no fee arrangement. Rutherford’s Bailiffs and Collection
Services Ltd, 7-9 The Avenue, Eastbourne, East Sussex, BN21 3YA Registration number
10516722
iii) iii) Should Rutherford’s Bailiffs and Collection Services Ltd be unable to collect a debt as
a result of false, misleading or inaccurate information from the Client (whether
intentional or accidental), an administration fee of £150 + VAT will be charged. In
addition the full costs of collection, enforcement and / or HCEO fees will be payable.
iv) iv) Should the Client or Client’s agent accept payment from the debtor/tenant contrary
to these Terms and Conditions, then the Client will be liable for payment of the
administration fee current at the time (currently £150. + VAT) and a commission of 20%
of the debt notified on instruction, payable immediately.
c) Other fees and disbursements
i) In respect of enforcement, the Client, with consent of the Creditor, hereby authorises
Rutherford’s Bailiffs and Collection Services Ltd to, if necessary, apply to the appropriate Court, so
that an enforcement agent may recover from the Debtor exceptional disbursements which are not
otherwise recoverable under the Regulations.
v) Rutherford’s Bailiffs and Collection Services Ltd and/or the Client/Creditor shall satisfy the Court
that the disbursements to which it relates are necessary for effective enforcement of the sum to be
recovered, having regard to all the circumstances including the amount of that sum, and the nature
and value of the goods which have been taken into control, or which it is sought to take into control.
vi) In matters relating to the recovery of monies, if the Client receives payment on or after the date
of instruction, the Client must forward any sums due to Rutherford’s Bailiffs and Collection Services
Ltd in full, unless expressly agreed otherwise by Rutherford’s Bailiffs and Collection Services Ltd.
vii) If the Client or Creditor negotiates payment outside of the enforcement process, either by
agreement or consent order, the Client becomes liable to the full fees charged by Rutherford’s
Bailiffs and Collection Services Ltd that otherwise would have been recoverable from the Debtor
under the relevant Regulations.
Rutherford’s Bailiffs and Collection Services Ltd – Terms and Conditions
Rutherford’s Bailiffs and Collection Services Ltd, 7-9 The Avenue, Eastbourne, East Sussex, BN21 3YA
Company / Registration Number 10516722
viii) In certain activities and services (e.g. evictions) Rutherford’s Bailiffs and Collection Services Ltd
will invoice the Client directly for the costs associated with providing the service. In such
circumstances the Client will make payment of the sums due within the timescales specified on the
invoice. If any element of an invoice is queried that part of the invoice which has not been queried is
to be paid in any event.
ix) The Client agrees that where enforcement is unsuccessful in matters regulated by the Tribunals
Courts and Enforcement Act 2007, the Client will be liable for the Compliance Fee [£75.00 plus VAT
as at 6th April Rutherford’s Bailiffs and Collection Services Ltd, 7-9 The Avenue, Eastbourne, East
Sussex, BN21 3YA Registration number 10516722 2016], triggered by the Compliance Stage, in
accordance with the High Court Enforcement Officers Regulations 2004 No. 400, Part 4, Regulation
13(3A) as amended by The Tribunals, Courts and Enforcement Act 2007 (Consequential, Transitional
and Saving Provision) Order 2014 No. 600, Paragraph 8.
5. Payment
a) Payment for services is to be made within 14 days of receipt of invoice and interest will be
charged on any payment later than 30 days, in accordance with UK legislation and at an equivalent
rate of 8% above current base rates, chargeable from time to time on late payments. The Client
agrees to pay all fees and charges (and applicable taxes) incurred which relate to the provision
and/or use of the services, in accordance with the rates and these Terms and Conditions or any
variation thereof as notified to the Client.
b) If paying by credit or debit card, the Client hereby irrevocably authorises Rutherford’s Bailiffs and
Collection Services Ltd to charge the Client’s credit or debit card for damages, additional service
time, and/or any charges due and not immediately paid.
c) Unless the Client notifies Rutherford’s Bailiffs and Collection Services Ltd in writing of any
discrepancies or unauthorised charges within 14 days of the invoice being raised, they will be
deemed accepted for all purposes, including resolution of enquiries made by the card issuer. The
Client releases the company from all liabilities and claims of loss resulting from any error or
discrepancy that is not reported within 14 days of its first appearance on an invoice.
d) The Client shall indemnify Rutherford’s Bailiffs and Collection Services Ltd against all costs which it
may reasonably incur to recover its invoice sum.
6. Payments by Rutherford’s Bailiffs and Collection Services Ltd and Agency Payments
a) Rutherford’s Bailiffs and Collection Services Ltd will pay all invoices at the end of each calendar
month following the month an invoice is received.
b) Invoices will be paid in full on the basis that the Agent or Agency carrying out the work has acted
in accordance with written instructions. Should that not be the case, Rutherford’s Bailiffs and
Collection Services Ltd reserve the right to pay a reduced fee or no fee at all dependant on the
individual circumstances. Rutherford’s Bailiffs and Collection Services Ltd, 7-9 The Avenue,
Eastbourne, East Sussex, BN21 3YA Registration number 10516722
c) Any Agent working or carrying out work on behalf of Rutherford’s Bailiffs and Collection Services
Ltd who collects any sum on behalf of Rutherford’s Bailiffs and Collection Services Ltd or their Client,
shall pay the full sum immediately to Rutherford’s Bailiffs and Collection Services Ltd’s nominated
Rutherford’s Bailiffs and Collection Services Ltd – Terms and Conditions
Rutherford’s Bailiffs and Collection Services Ltd, 7-9 The Avenue, Eastbourne, East Sussex, BN21 3YA
Company / Registration Number 10516722
bank account. No sums shall be retained for any purpose, nor shall any amount be used as ‘set off’
for any expenditure.
7. Governing law
These Terms and Conditions shall be governed by and construed in accordance with the law of
England & Wales, and each of the parties submits to the exclusive jurisdiction of the courts of
England & Wales.
8. Client responsibilities
a) By instructing Rutherford’s Bailiffs and Collection Services Ltd the Client agrees to provide
Rutherford’s Bailiffs and Collection Services Ltd with accurate information and documentation.
b) The Client confirms that no other enforcement action is being carried out that will prevent or
hinder Rutherford’s Bailiffs and Collection Services Ltd from carrying out their enforcement duties.
c) The Client confirms that the details given are correct, and accepts any responsibility for
information given which proves to be incorrect.
9. Termination
Rutherford’s Bailiffs and Collection Services Ltd reserve the right to terminate the provision of
services to the Client by providing two weeks written notice delivered to the Client’s address. The
Client may also terminate instructions to Rutherford’s Bailiffs and Collection Services Ltd on any
matter at any time, by providing written notification. Notwithstanding any termination by either
party, the Client agrees to pay any outstanding fees and costs incurred up to the date of termination
or the fixed fee agreed.
10. Rutherford’s Bailiffs and Collection Services Ltd liability
a) In the event of any error, howsoever caused, in any report, notice or printed work of any type, the
liability of Rutherford’s Bailiffs and Collection Services Ltd shall be limited to the preparation of a
new report, notice or printed work. Rutherford’s Bailiffs and Collection Services Ltd shall not be
liable for any consequential loss, however caused as a result of any such error or any other loss
other than to make good the report, notice or printed Rutherford’s Bailiffs and Collection Services
Ltd, 7-9 The Avenue, Eastbourne, East Sussex, BN21 3YA Registration number 10516722 work and to
redeliver that report, notice or other printed work to any third party who had received the first, at
no additional cost.
b) Upon becoming aware of them, the Client should immediately inform Rutherford’s Bailiffs and
Collection Services Ltd of any concerns they may know of which would put Rutherford’s Bailiffs and
Collection Services Ltd and their staff or agents at risk. Any failure to do so will render the Client at
risk of full of liability for any resulting loss, damage or injury.
c) These Terms and Conditions do not affect Rutherford’s Bailiffs and Collection Services Ltd’s
liability to the Client in respect of personal injury or death or other claim arising from the negligence,
fraudulent misrepresentation or misrepresentation as to a fundamental matter, made by
Rutherford’s Bailiffs and Collection Services Ltd or their employees, nor any other liability which
cannot be excluded or limited under applicable law. This paragraph shall apply to any claim: a. by the
Rutherford’s Bailiffs and Collection Services Ltd – Terms and Conditions
Rutherford’s Bailiffs and Collection Services Ltd, 7-9 The Avenue, Eastbourne, East Sussex, BN21 3YA
Company / Registration Number 10516722
Client. b. and, if any duties are held to be owed to them, to a claim by any individual or company,
related or associated to the Client, and any officer, servant or, employee of any of these entities;
against Rutherford’s Bailiffs and Collection Services Ltd, any past, or future Directors, and/or any
past, present or future employees of Rutherford’s Bailiffs and Collection Services Ltd.
d) All claims, whether made by one or more of the parties, arising from the same act or omission, or
from a series of related acts or omissions, shall be regarded as one claim.
e) Any claim arising as a result of these terms must be notified to us in writing within 6 (six) months
of the date that such liability arises. Failure to provide notice within this period will forfeit any claim.
11. Exclusions of liability
a) Rutherford’s Bailiffs and Collection Services Ltd will not be liable for any loss of income, loss of
profits, loss of markets, loss of reputation, loss of customers, loss of use, loss of an opportunity even
if Rutherford’s Bailiffs and Collection Services Ltd had knowledge that such damages or loss might
arise or for any indirect, incidental, special or consequential damages or loss howsoever arising
including without limitation, breach of contract, negligence, wilful act or default.
b) Rutherford’s Bailiffs and Collection Services Ltd shall bear no liability for loss and/or damage
arising from matters outside its control. Rutherford’s Bailiffs and Collection Services Ltd, 7-9 The
Avenue, Eastbourne, East Sussex, BN21 3YA Registration number 10516722
c) Rutherford’s Bailiffs and Collection Services Ltd shall not be liable for any debt not recovered for
the Client, whatever the circumstances of that non recovery.
12. Advice given
a) The services provide by Rutherford’s Bailiffs and Collection Services Ltd to the Client, which shall
include any information or advice given to the Client, is based solely on the information the Client
has provided and does not constitute advice to any third party to whom it is communicated.
b) Non solicitors should be aware that Rutherford’s Bailiffs and Collection Services Ltd are not a law
firm and do not provide legal advice. Any advice provided by the Rutherford’s Bailiffs and Collection
Services Ltd relates strictly to the provision of services and should not be relied upon as legal advice.
c) Rutherford’s Bailiffs and Collection Services Ltd accept no liability for any actions taken or loss or
damage incurred as a result of advice given in any communication by Rutherford’s Bailiffs and
Collection Services Ltd or contained in marketing material. Rutherford’s Bailiffs and Collection
Services Ltd accept no liability for loss or damage the Client may suffer by instructing any firm of
solicitors to whom Rutherford’s Bailiffs and Collection Services Ltd refer.
d) None of the content presented on any of Rutherford’s Bailiffs and Collection Services Ltd’s
website constitutes legal advice in relation to any of our services.
13. Professional indemnity insurance
Rutherford’s Bailiffs and Collection Services Ltd do and will at all times carry professional indemnity
insurance in respect of the services they provide. Details may be obtained upon request in writing to
the registered office as provided in paragraph 2 a) above.
Rutherford’s Bailiffs and Collection Services Ltd – Terms and Conditions
Rutherford’s Bailiffs and Collection Services Ltd, 7-9 The Avenue, Eastbourne, East Sussex, BN21 3YA
Company / Registration Number 10516722
14. Data protection
a) Rutherford’s Bailiffs and Collection Services Ltd use the information provided by the Client
primarily for the provision of their services to the Client and for related purposes including: updating
and enhancing client records; analysis to help manage company performance; legal and regulatory
compliance.
b) Rutherford’s Bailiffs and Collection Services Ltd use of that information is subject to the Client’s
instructions, the Data Protection Act 1998 and Rutherford’s Bailiffs and Collection Services Ltd’s duty
of confidentiality. The Client has a right of access under data protection legislation to the personal
data held about them. Rutherford’s Bailiffs and Collection Services Ltd, 7-9 The Avenue, Eastbourne,
East Sussex, BN21 3YA Registration number 10516722
c) By instructing Rutherford’s Bailiffs and Collection Services Ltd, the Client may be sent information
by email that might be of interest. If the Client does not wish to receive that information, they
should unsubscribe within the email received or notify Rutherford’s Bailiffs and Collection Services
Ltd in writing by email to [email protected]
15. General
a) These Terms and Conditions shall not affect any provision of the general law or professional
standards applicable to the relationship between Rutherford’s Bailiffs and Collection Services Ltd
and the Client.
16. Specific services
a) Rutherford’s Bailiffs and Collection Services Ltd ‘transfer up department’
i) Rutherford’s Bailiffs and Collection Services Ltd will, in most High Court cases, use solicitors for the
purposes of transferring up a judgment and obtaining of a Writ of Control or Writ of Execution.
Solicitors are ONLY used for this purpose and all Writs will be enforced by Rutherford’s Bailiffs and
Collection Services Ltd or any third party instructed by them to do so.
ii) Rutherford’s Bailiffs and Collection Services Ltd will take all reasonable steps to ensure any
solicitors used have in place proper confidentiality and data protection policies in respect of all and
any information disclosed or provided to them.
iii) The cancellation of an instruction for transfer up should be made directly to Rutherford’s Bailiffs
and Collection Services Ltd in the first instance by contacting them on 07807176364 or by email to
[email protected]
b) Transfer to the High Court for enforcement.
Rutherford’s Bailiffs and Collection Services Ltd, or those properly instructed on their behalf, shall
obtain the appropriate certificate from the appropriate Court for transfer of a judgment to the High
Court for the purposes of enforcement. Upon receipt of the certificate, Rutherford’s Bailiffs and
Collection Services Ltd will thereafter obtain the appropriate Writ of control or Writ of execution in
the name of an Authorised High Court Enforcement Officer (pursuant to paragraph 2 (1) of Schedule
7 of the Courts Act) and as directed by Rutherford’s Bailiffs and Collection Services Ltd. Rutherford’s
Rutherford’s Bailiffs and Collection Services Ltd – Terms and Conditions
Rutherford’s Bailiffs and Collection Services Ltd, 7-9 The Avenue, Eastbourne, East Sussex, BN21 3YA
Company / Registration Number 10516722
Bailiffs and Collection Services Ltd, 7-9 The Avenue, Eastbourne, East Sussex, BN21 3YA Registration
number 10516722 Where Rutherford’s Bailiffs and Collection Services Ltd is provided with the
appropriate sealed certificate only the latter part of this work will apply. The fee payable to HMCTS
to obtain a Writ is a fee of HMCTS and not that of Rutherford’s Bailiffs and Collection Services Ltd.
c) High Court enforcement – Writs of control and Writs of execution
Rutherford’s Bailiffs and Collection Services Ltd’s Authorised High Court Enforcement Officers,
Enforcement Agents and Agents shall undertake the enforcement action as directed in the
Instruction Form completed by the Client. Rutherford’s Bailiffs and Collection Services Ltd may also
use a telephone collection strategy in conjunction with enforcement agent attendances to enhance
monetary recovery rates.
d) Commercial Rent Arrears Recovery (“CRAR”), Forfeiture of Lease and any other enforcement
services under Common Law
Rutherford’s Bailiffs and Collection Services Ltd’s Enforcement Agents and Agents shall undertake
the enforcement action as directed in the Instruction Form as completed by the Client.
e) Payments under a Writ of control
i) Payments collected under a Writ of control will be held “in suspense”, i.e. neither belonging to the
Creditor or Debtor, for 14 days before payment is made to the Client on the 15th day, as stipulated
in the Insolvency Act 1986.
ii) The Client authorises the Enforcement Agent to enter into a payment arrangement under a signed
Controlled Goods Agreement where payment in full cannot be obtained.
iii) In matters falling under the TCGA, where the Debtor makes a part payment towards the debt this
payment will be split pro rata between the Client and Rutherford’s Bailiffs and Collection Services Ltd
in payment of the sum to be recovered, and any remaining amounts recoverable in respect of fees
and disbursements payable to Rutherford’s Bailiffs and Collection Services Ltd, in accordance with
The Taking Control of Goods (Fees) Regulations 2014 Paragraph 13(3) & 13(4).
iv) Rutherford’s Bailiffs and Collection Services Ltd will hold on the Client’s behalf any part payment
recovered in an enforcement action until the amount payable to the Client reaches a minimum sum
of £100.00, unless expressly agreed otherwise by Rutherford’s Bailiffs and Collection Services Ltd.
e) Other services
Rutherford’s Bailiffs and Collection Services Ltd, 7-9 The Avenue, Eastbourne, East Sussex, BN21 3YA
Registration number 10516722 Rutherford’s Bailiffs and Rutherford’s Bailiffs and Collection Services Ltd’s
Authorised High Court Enforcement Officers, Enforcement Agents, Debt Recovery Agents, Field
Agents, Repossession Agents, Security Officers and/or any other Contracted Staff or Employees shall
undertake the services as directed in the Instruction Form as completed by the Client.
17. Complaints
Rutherford’s Bailiffs and Collection Services Ltd aims to provide a high quality service to all their
clients. In the event of any concern please raise this with your usual contact or case manager. In any
other event please contact on [email protected]
Rutherford’s Bailiffs and Collection Services Ltd – Terms and Conditions
Rutherford’s Bailiffs and Collection Services Ltd, 7-9 The Avenue, Eastbourne, East Sussex, BN21 3YA
Company / Registration Number 10516722
18. Repeat matters
Unless expressly varied, these Terms and Conditions will also apply in respect of any future matters
where one or more of the services is provided to the Client.
19. Amendments to our Terms and Conditions
a) Rutherford’s Bailiffs and Collection Services Ltd may revise these Terms and Conditions at any
time. The amended Terms will be effective from the date they are posted on the website at
www.rutherfords.co.uk/terms.
b) The Client, is responsible for checking these Terms and Conditions from time to time to take
notice of any binding changes that may have been made. Some of the provisions contained in these
Terms and Conditions may also be superseded by provisions or notices published elsewhere on the
website and may include Regulatory changes.