Terms & Conditions
DCB Legal Ltd Terms of Business
- These terms are the basis on which DCB Legal Ltd (hereafter referred to as ‘the Company’) provide services to those instructing it hereinafter referred to as (“the Client”).
- The Company will not discriminate against any person on the basis of age, colour, disability, race, religion, sexual orientation or gender identification. The Company will treat every person fairly and impartially, in the interests of justice.
- The Company reserves the right to decline any instruction that the Company considers to be illegal, unethical or unreasonable in all the circumstances of the case and to do so without stating a reason. When this happens, any monies paid to the Company in respect of action already taken may be refunded upon written request and approval by the Company’s Board of Directors. This concession does not include any fees which were made payable to Her Majesty’s Court & Tribunals Service as disbursements.
The Client’s responsibilities
- By instructing the Company, a Client agrees to the following: (i) to provide full and frank disclosure of its instruction and documents pertaining to those instructions, (ii) cooperation in dealing with the matter (iii) to engage in all communications via the Company and not with the opponent directly.
- It is for the Client to ensure the details completed in the instruction are true and correct. The Company accepts no responsibility for costs or damages resulting from incorrect, untrue or otherwise flawed information given by a Client in an instruction.
- If a Client has direct contact with an opponent, for example a judgment debtor or the debtor’s representative (for example, a debt adviser), the Client must re-direct the person to the Company and notify the Company of this immediately. This is necessary to maintain clear lines of communication, avoid confusion and ensure action is carried out correctly and appropriately. Furthermore, if a Client receives payment or part-payment direct from or on behalf of the debtor, the Client should notify the Company immediately and forward the payment within 24 hours. This is also to maintain clear lines of communication and to avoid the mutual embarrassment caused by for example, enforcement action on a debt already paid. Failure to comply with this condition may render the Client liable for the Company’s full fees, costs and charges incurred by unnecessary or abortive enforcement action taken in good faith.
- The Client will be liable for the Company’s fees, costs and charges in relation to work done if a judgment is set aside by the court, or a consent order is agreed between the Claimant and Defendant, or if a Client negotiates a settlement with the judgment debtor or the debtor’s representative or any other person seeking to settle the debt on behalf of the debtor (with or without the debtor’s knowledge or consent).
The Company’s responsibilities
- When the Company receives an instruction it will acknowledge receipt and issue to the Client a unique reference number. A formal retainer will be issued to the Client setting out the instruction, case handler, fees and likely costs on the file. Payment on account will be required to commence work on the Client’s file.
- When submitting documents to the Court, for example an application, the Company cannot bear responsibility for or be liable for costs incurred by lost or damaged documents. Furthermore, it is for the Court to seal and return documents as necessary and the Company has no control over how long a Court will take to do this.
- The Company reserves the right to charge an additional fee if work of an exceptional or unexpected nature is required. When this happens, the Company will give the Client written details before charging the intended amount. The Client will therefore have an opportunity to instruct the Company not to proceed as intended and so avoid incurring the additional fee.
- The Company reserves the right to change its fees from time to time without notice. Any change in the fees will not apply to any instructions that have already been accepted, unless the change is a direct consequence of a change in VAT or in Court fees that have already taken effect.
- Where fees due to the Company by a Client are outstanding, the Company reserves the right to delay work on a case carried out until such time as all outstanding monies due are paid in full.
- The Company and the Client, will abide by all current governing legislation and fees prescribed.
- Where any fees or charges are outstanding on a Client account prompt payment is required and not expected to be longer than 30 days from case closure. Should any Client account remain overdue after 30 days the Company reserve the right to administer the account to Debt Recovery and High Court Enforcement action may be initiated.
- Should the Company or the Client receive information from the Courts requiring any collected funds to be repaid either to the Courts or the named Defendant the Client agrees to abide by such documentation.
- The Company reserve the right to recall any remitted funds back from the Client where any issue of uncleared funds and or bank charges on transactions later becomes known.