1. Definitions:
(i) “Agreement” between you and us as subject to these terms and conditions
(ii) “Business conditions” these terms and conditions
(iii) “Creditors” all of your creditors whose details you have given us in accordance with these business conditions
(iv) “Management Programme” the repayments we have prepared on your behalf to your creditors
(v) “Management Fee” the agreed amount of money you pay to us for the service we provide
(vi) “Services” what we provide you with in accordance with these business conditions
(vii) “Us, “We” and “Our” Thornton Shepherd Associates- registered office
44-46 Market Street Hyde Cheshire SK14 1AH
(viii) “You” you the client(s) who is/are named on all official Thornton Shepherd Associates documentation
2. Agreement:
(i) Our agreement with you will commence from the time we receive your signed client authority and your first payment clears into our bank account.
(ii) You agree for us Thornton Shepherd Associates to act on your behalf to provide you with a service of debt counsellors and negotiators.
3. Our bank accounts, fees and your payments to us:
(i) Due to the fact that most of our work for you will be at the beginning of the programme the first payment you make will be retained as a fee and instigates your management plan with us in addition it is your acceptance to our terms and conditions
(ii) All future payments go into our client trust account with the exception of the management fees of £30.00 due to us, which will be transferred into our account.
(iii) Your creditors will not be paid until you have made your second payment to us.
(iv) We will not pay any interest made on moneys we hold in any account.
4. The service we will provide for you:
(i) We will scrutinize your income and expenditure to produce a financial statement for you ensuring You have a suitable amount of money for living costs; and in doing so negotiate with you a repayment figure you can afford.
(ii) We will negotiate on your behalf with all your creditors to explain your current financial position and ask that they accept the reduced repayment offer.
(iii) We will negotiate with your creditors to accept the reduced payments and to also try to reduce or freeze interest and charges which they can apply, and where applicable to withdraw or not proceed with any court taken against you.
(iv) The information you provide to us will be used to provide you with and to administer a financial management programme on your behalf.
(v) We will conduct a six monthly review or earlier if your creditors wish to ensure your repayments are suitable to both you and your creditors.
(vi) We cannot deal directly with secured loans or other HP agreements however we may be able to help you with the paying of any arrears.
(vii) We reserve the right to refuse any debt less than three months old.
(viii) We will try to provide you with an accurate duration of time for the management plan; however, this is based on the ability to get your creditors to reduce or freeze interest and other charges.
(ix) Whilst negotiations are taking place your debt will increase.
(x) We will try to prevent both defaults and CCJs however, these could occur.
(xi) We do not normally represent clients in court however should you require this service a one off fee will be payable negotiable at the time.
5. Your responsibility:
(i) To ensure your monthly payment is received by us on time.
(ii) To inform us if your circumstances change we will do our utmost to assist and support you.
(iii) To have told us about all your credit commitments both secured and secured.
(iv) To enter into no further credit agreements with out our knowledge and consent.
(v) You must provide us with details of your income, expenditure and credit commitments as and continue to do so when required.
(vi) Where ever possible to send us original documentation which clarifies your financial situation.
(vii) To allows us to deal with your creditors.
(viii) To Make no further payments to your creditors without our consent.
(ix) You have made at least one payment to each of your creditors, unless you have goods on by now pay later and which in which case must have been in your possession for over 3 months.
(x) The information you give to us must be both true and accurate to the best of your knowledge
6. When we may terminate our arrangement with you:
(i) Should you fail to make your regular contractual payments to us.
(ii) Should you breach any of the conditions in section 5 of your responsibility.
(iii) In all cases we will give you two weeks notice of cancellation by us and the reason(s) why.
7. Cancellation of agreement by you or us:
(i) You may cancel this agreement with us in writing at any time giving us two weeks notice at the address above.
(ii) Once the agreement ends our duties and obligations under this agreement end. We will return any extra money that we may be holding for you in our client trust account.
(iii) It is also your responsibility to cancel any standing orders to us.
8. Data protection and your confidentially:
(i) We Agree to keep confidential all information received from or about you, releasing it only to such of your creditors so far as is necessary in order to negotiate and agree a repayment plan.
(ii) We may share information about you within our company and or companies within our group.
(iii) We may also use personal information to provide you with products and services, which may interest you.
(iv) You may request under the Data Protection Act 1988 for copies of any information we hold about you additionally under the provisions of this Act we may charge you for this information.
