Terms of Engagement

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. In some circumstances court fees and costs may be payable.

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. Definitions:

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 AVT Consultants Ltd

6. “Fee” At the conclusion of your claim the Solicitors will deduct their agreed capped charge from your damages awarded for your deposit and statutory penalty. The capped charge will be determined at the outset of your claim and discussed with you in detail by the solicitors. The capped fee ranges from 25%, 35% or 50% of any successful award. If work done on a time basis exceeds this figure then the solicitors will not charge you the balance as you have an agreement for charges to be
capped. There are many factors that will be taken into account when setting a % fee such as the deposit amount, such as are there rent arrears /allegations of damage, has the deposit been returned etc. The vast majority of cases are agreed at 35% with you the client not being required to fund up front any disbursements such as court/barristers fees. The fee plus vat payable to Deposit Claims UK or their Agents or Solicitors 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 or Solicitors 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 their Agents or Solicitors 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 Landlord or agent 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. Deposit claims UK reserves the right to initiate debt collection measures including court proceedings in the event of non payment by the client in such circumstances.

6. Give Deposit Claims UK the right to deal exclusively with the claim and at their sole discretion, unless otherwise agreed in writing by the Client and Deposit Claims UK.

4. Disclaimer:

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.

2.(a) Complaints Procedure

Deposit Claims UK are committed to providing you with the very highest quality service. We ensure that procedures are consistently followed by all members of the organisation and we are consistently looking to improve the quality of our service. If however, you have any queries or concerns about our work for you it is important to raise them immediately in writing (we do not accept complaints made by email) and in the first instance with the member of staff involved. Do not wait until the completion of a matter to raise a problem which occurred at a much earlier stage. If that does not resolve the problem or you would prefer to speak to someone else then please make this clear. Following receipt of a written complaint, we will endeavour to respond to it in writing within 28 days of receipt. We will attempt to resolve problems that arise with our services in-house. It is therefore important that if at any time you feel that quality is not being maintained please raise it the moment you feel that an issue has arisen. If you have a complaint about any aspect of our services or the way in which they are being delivered to you, you must raise it the moment it arises. To continue to instruct Deposit claims UK after you later rely on a complaint which should have been raised earlier, it will be taken as evidence that a genuine complaint has not arisen. If you raise a complaint at the end of a matter which should have been raised much earlier and you continue to instruct Deposit Claims UK putting them to expense in terms of both time and disbursements after the date the complaint should have been raised you will remain liable for our costs in their entirety. We value your instructions and would not wish you to think that you have reason to be unhappy with us.

Acceptance of Terms

1. By instructing 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.