This document sets out the Terms of Engagement for the appointment of ‘Deposit Claims UK’ to act on your behalf in all aspects of the recovery of debts due and payable.
Deposit Claims UK work on a No Win No Fee basis, this means that our fee is only payable upon successful recovery, and if we are not successful in recovering your deposit, there is no charge for our services.
Deposit Claims UK will seek to achieve full deposit return from your ex landlord, and also recover our fee in addition to this, so that you may receive your full deposit back.
1. “Claim(s)” means the Client’s debt recovery against the Company under Section 214 (1) Housing Act
2004 on the grounds that the initial requirements of an authorised scheme under Section 213 (4) have not been met, and Section 213 (6) in that the prescribed form about the scheme with which the deposit has been registered has not been complied with.
2. “Client” means the tenant/s authorised to appoint Deposit Claims UK to act on their behalf in respect of the action of recovering monies.
3. “Company” means the Landlord or Landlords managing agent and/or persons to whom the Letter of Authority is addressed. (including for the avoidance of doubt any employee, director, agents, representatives and associates of said entities, or any other entity and/or any of their predecessors.)
4. “Recovered Money” means any sums paid or awarded as calculated at the time of the payment or award that would not have been paid if the claim had not been conducted.
5. “Deposit Claims UK” means Deposit Claims UK or Lexcel Services Ltd
6. “Fee” means the fee of 20% of the recovered money payable to Deposit Claims UK for the services carried out, subject to clause 1.7 payable only upon successful debt recovery.
7. Deposit Claims UK’s minimum fee for services is £155.00.
8. “Services” means the services provided by Deposit Claims UK or Agents including, entering into the recovery of debts from the Company.
9. “Claim Charge” means the charge for costs incurred in progression of County Court claim for breach of contract and non payment of fees due and payable.
10. “Statutory Interest” is 8% per annum.
2. Conduct of Engagement:
1. Having received same the Client hereby agrees to be bound by these Terms and appoints Deposit Claims UK to assess and if reasonably possible to complete the claim.
2. Terms which have been accepted (whether received by fax, email, or website authentication) are binding and admissible in evidence.
3. The Client Will:
1. Give Deposit Claims UK their consent and full authority to deal with the Company on the Client’s behalf and to obtain relevant information from whatever source on a continuing basis.
2. Deal promptly with every reasonable request by Deposit Claims UK for authority, information and documents and further instructions that Deposit Claims UK may, from time to time, require.
3. Promptly inform Deposit Claims UK of any relevant matters affecting the claim.
4. Immediately inform Deposit Claims UK if the Company pays directly to them.
5. The Client hereby agrees to the Company remitting the recovered money to Deposit Claims UK and for Deposit Claims UK to retain their fees before paying the balance of the recovered money to the Client.
Notwithstanding such agreement, should the recovered money be paid direct to the Client, Deposit Claims UK will invoice the Client for the fee which will become immediately due and payable by the Client to Deposit Claims UK, and in the event of non payment of any fee due and payable, statutory interest and claim charge will be added.
6. Give Deposit Claims UK the right to deal exclusively with the claim, unless otherwise agreed in writing by the Client and Deposit Claims UK.
1. Deposit Claims UK accepts no responsibility for any loss suffered or liability incurred by the Client/s by entering into this Agreement and specifically in the event that no recovery is achieved. Any claim by way of consequential damage arising out of any act or omission or commission by Deposit Claims UK is specifically excluded from liability.Deposit Claims UK may withdraw its services at any time at their sole discretion.
2. As Deposit Claims UK’s Services are provided within a period of less than 7 working days any right to a “cooling-off” period under The Consumer Protection (Distance Selling) Regulations 2000 SI 2000/2334 does not apply.
Acceptance of Terms
1. By instructioning Deposit Claims Uk the clients accepts and agrees to be bound by the published terms and conditions of engagement.
6. Governing Law:
1. This Agreement shall be subject to the laws of England and Wales.