Terms & Conditions
London Lease Forfeiture Terms and Conditions
Application and entire agreement
These Terms and Conditions apply to the provision of the services detailed in our quotation (Services) by DMS (LEGAL SERVICES UK) LTD a company registered in England and Wales under number 13454781 whose registered office is at Kemp House, 160 City Road, London, EC1V 2NX.
- (We or Us) to the person buying the services (you).
- Deemed to have accepted these Terms and Conditions when you accept our quotation or from the date of instruction for any performance of the Services (whichever happens earlier) and these Terms and Conditions and our quotation (the Contract) is the entire agreement between us.
- You acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf. These Conditions apply to the Contract to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
- A “business day” means any day other than a Saturday, Sunday or bank holiday.
- The headings in these Terms and Conditions are for convenience only and do not affect their interpretation.
- Words imparting the singular number shall include the plural and vice-versa.
- We warrant that we will use reasonable care and skill in our performance of the Services which will comply with the quotation, including any specification in all material respects. We can make any changes to the Services which are necessary to comply with any applicable law or safety requirement, and we will notify you if this is necessary.
- We will use our reasonable endeavours to complete the performance of the Services within the time agreed or as set out in the quotation; however, time shall not be of the essence in the performance of our obligations.
- All of these Terms and Conditions apply to the supply of any goods as well as Services unless we specify otherwise.
- You must obtain any permissions, consents, licences or otherwise that we need and must give us with access to any and all relevant information, materials, properties and any other matters which we need to provide the Services.
- If you do not comply with clause 10, we can terminate the Services.
- We are not liable for any delay or failure to provide the Services if this is caused by your failure to comply with the provisions of this section (Your obligations).
- The fees (Fees) for the Services which may be set out in a quotation or as per the Tribunals, Courts & Enforcement Act 2007, and are on a time and materials basis.
- Fixed Fees in relation to Lease Forfeiture are payable at the time of instruction unless otherwise agreed and are set out in that the fixed fee shall relate to the agents attendance on site for up to 90 minutes. Time on site thereafter shall be charged at £90 per hour or accrued part thereof. Third party costs such as locksmiths are not included in the fixed fee.
- Fixed Fees in relation to Supervised Access are payable at the time of instruction unless otherwise agreed and are set out in that the fixed fee shall relate to the agents attendance on site and shall be charged at £90 per hour. A minimum of two hours attendance shall be charged on all instructions for supervised access.
- In addition to the Fees, we can recover from you our reasonable expenses including, but not limited to, disbursement costs, such as a) the cost of services provided by third parties and required by us for the performance of the Services, and b) the cost of any materials required for the provision of the Services.
- You agree to pay us for any additional services provided that are not specified in the quotation in accordance with our applicable hourly rate in effect at the time of performance or such other rate as may be agreed between us. The provisions of clause 14 also apply to these additional services.
- The Fees are exclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority.
- For new clients, you must pay for the service required when requested as detailed in the quotation or invoice within 24 hours or before any Services are undertaken.
- If you do not pay for the service according to the clause above, we can either withhold provision of the Services until the payment is received or terminate our services under the clause below (Termination).
- The payment is non-refundable unless we fail to provide the Services and are at fault for such failure (where the failure is not our fault, no refund will be made).
Cancellation and amendment
- We can withdraw, cancel or amend a quotation if it has not been accepted by you, or if the Services have not started, within a period of 1 day from the date of the quotation, (unless the quotation has been withdrawn).
- We may refuse to accept your instructions or cease our services to you in accordance with clause 36 at our absolute discretion.
- Either we or you can cancel an order/ instruction for any reason prior to your acceptance (or rejection) of the quotation. We will invoice you for payment of the Fees where permissible.
- Where cancellation takes place after Executive Recovery and Enforcement Limited have been fully instructed by the client, we reserve the right to invoice the client the Letter and/or attendance cost and/or any payment made on account for losses due from Enforcement/Debt Recovery Agent instruction and administration.
- If you wish to amend any details of the services you require you must inform us in writing as soon as possible. In any event no less than 24 hours to any action being carried out by us in relation to that service. We will use reasonable endeavours to make any required changes and should additional costs be incurred as result of these changes, such costs will be included in the Fees and invoiced to you.
- If, due to circumstances beyond our control, including those set out in the clause below (Circumstances beyond a party’s control), we have to make any change in the Services or how they are provided, we will notify you immediately. We will use reasonable endeavours to keep any such changes to a minimum.
- We will invoice you for payment of the Fees where permissible either:
- When we have completed the Services.
- On the invoice dates which may be set out .
- Where commission fees are recoverable from the debtor and the instruction is withdrawn by the client ,the balance is greatly reduced, or negotiations between debtor and client take place, Executive Recovery and Enforcement Limited reserve the right to invoice the instructing client for the commissionable element based on the original debt value.
- If the instructing client accepts any payment from the debtor including or less the commissionable fees, Executive Recovery and Enforcement Limited reserve the right to invoice the instructing client for the commissionable element based on the original debt value.
- You must pay the Fees due within 30 days of the date of our invoice or otherwise in accordance with any credit terms agreed between us.
- Payment can only be accepted in the following methods; BACS, CHAPS, Cash, online Debit & Credit Card (may be subject to service charge). Under no circumstances are Cheques acceptable.
- Time for payment shall be of the essence of the Contract.
- Without limiting any other right or remedy we have for statutory interest, if you do not pay within the period set out above, we will charge you interest at the rate of 8% per annum above the base lending rate of the Bank of England from time to time on the amount outstanding until payment is received in full.
- All payments due under these Terms and Conditions must be made in full without any deduction or withholding except as required by law and neither party can assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.
- Clients who pay outside of the agreed dates will be required to pay compensation and penalty interest. The Late Payment of Commercial Debt (Interest) Act (1988) was amended in 2002 to include fixed penalties in addition to interest. For debt of less than £1000 the penalty is £40, rising to £70 for debts up to £9,999.99 and £100 above that. Interest is payable at 8 per cent over Bank of England base rate. The penalties and interest now apply to all businesses regardless of size. We reserve the right to apply charges where necessary once late default on invoice occurs.
- If you do not pay within the period set out above, we can suspend any further provision of the Services and cancel any future services which have been ordered by, or otherwise arranged with, you. We further reserve the right to take any debt recovery action as be necessary.
- Receipts for payment will be issued by us only at your request.
- All payments must be made in Sterling unless otherwise agreed in writing.
Sub-Contracting and Assignment
- We can at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of our rights under these Terms and Conditions and can subcontract or delegate in any manner any or all of our obligations to any third party.
- You must not, without our prior written consent, assign, transfer, charge, subcontract or deal in any other manner with all or any of your rights or obligations under these Terms and Conditions.
- We reserve the right to terminate the provision of the Services immediately if you:
- commit a material breach of your obligations under these Terms and Conditions; or
- fail to make pay any amount due under the Contract on the due date for payment; or
- are or become or, in our reasonable opinion, are about to become, the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtor; or
- enter into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with its creditors; or
- convene any meeting of your creditors, enter into voluntary or compulsory liquidation, have a receiver, manager, administrator or administrative receiver appointed in respect of your assets or undertakings or any part of them, any documents are filed with the court for the appointment of an administrator in respect of you, notice of intention to appoint an administrator is given by you or any of your directors or by a qualifying floating charge holder (as defined in para. 14 of Schedule B1 of the Insolvency Act 1986), a resolution is passed or petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency.
- We reserve the right to use all lawful measures to recoup any unpaid fees or costs, including but not limited to court proceedings.
- All copyright and any other intellectual property rights which may subsist in any goods supplied in connection with the provision of the Services are reserved. The right to take any appropriate action to restrain or prevent the infringement of such intellectual property rights is similarly reserved.
Liability and Indemnity
- Our liability under these Terms and Conditions, and in breach of statutory duty, and in tort or misrepresentation or otherwise, shall be limited as set out in this clause.
- The total amount of our liability is limited to the total amount of Fees payable by you under the contracted service.
- Executive Recovery and Enforcement Limited, their agents or employees will not be held liable (whether caused by our employees, agents or otherwise) in connection with our provision of the Services or the performance of any of our other obligations under these Terms and Conditions or the quotation for:
- Any direct or indirect, special or consequential loss, damage, costs, or expenses or;
- any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third party claims; or
- any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; or
- any losses caused directly or indirectly by any failure or your breach in relation to your obligations; or
- any losses arising directly or indirectly from the choice of Services and how they will meet your requirements or your use of the Services or any goods supplied in connection with the Services.
- You agree to indemnify Executive Recovery and Enforcement Limited against all damages, costs, claims and expenses suffered by us arising from any loss or damage to any equipment (including that belonging to third parties) caused directly or through act or omission by you, your agents or employees.
- Nothing in these Terms and Conditions shall limit or exclude our liability for death or personal injury caused by our negligence, or for any fraudulent misrepresentation, or for any other matters for which it would be unlawful to exclude or limit liability.
Circumstances beyond a party’s control
- Neither party to these Terms and Conditions are liable for any failure or delay in performing our obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question. If the delay continues for a period of 90 days, either party may terminate or cancel the Services to be carried out under these Terms and Conditions.
- All notices under these Terms and Conditions must be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party).
By submitting instruction forms online you accept that by appending your name you are signing this document electronically and agree that this constitutes the legal equivalent of your manual signature (referred to as your “E-Signature”), acceptance and agreement as if actually signed by you in writing. You also represent that you are authorised to provide these instructions on behalf of the client and will be bound by the terms of this Agreement.
Notices shall be deemed to have been duly given:
- when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient;
- when sent, if transmitted by fax or email and a successful transmission report or return receipt is generated;
- on the second business day following mailing, if mailed by national ordinary mail; or
- on the tenth business day following mailing, if mailed by airmail.
- All notices under these Terms and Conditions must be addressed to the most recent address, email address or fax number notified to the other party.
No delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy nor stop further exercise of any other right, or remedy. If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions will be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).
Law and Jurisdiction
These Terms and Conditions are governed by and interpreted according to English law. All disputes arising under these Terms and Conditions are subject to the exclusive jurisdiction of the English courts.
- For the purpose of the DPA and GDPR we are the data controller and any enquiry regarding the collection or processing of your data should be addressed to The Data Controllerat our address, Executive Recovery and Enforcement Limited.
- By using the Website you consent to this policy.
Information we collect
- We will collect personal data on this Website only if it is directly provided to us by you the user, e.g. your e-mail address, name, home or work address and telephone number, and therefore has been provided by you with your consent. Normally you will only provide such details if you [wish to sign up for our free e-newsletter or other resources, or] are making a purchase from us.
- We also use analytical and statistical tools that monitor details of your visits to our website and the resources that you access, including, but not limited to, traffic data, location data, weblogs and other communication data (but this data will not identify you personally).
Use of your information
- We may hold and process personal data that you provide to us in accordance with the DPA and GDPR.
- The information that we collect and store relating to you is primarily used to enable us to provide our services to you, and to meet our contractual commitments to you. In addition, we may use the information for the following purposes:
7.1 To notify you about any changes to our website, such as improvements or service/product changes, that may affect our service;
7.2 If you are an existing customer, we may contact you with information about goods and services similar to those that were the subject of a previous sale to you;
7.3 Where you have consented to receive such information, to provide information on other parties’ products or services that we feel may be of interest to you;
7.4 Where you have consented to receive our e-newsletters, from time to time to provide that to you.
Disclosure of your information
- We may disclose your information to regulatory bodies to enable us to comply with the law and to assist fraud protection and minimise credit risk.
- Where you have consented for us to do so, we may provide your data to selected third parties who may contact you about their goods or services that you may be interested in.
- If you do not want us to use your data for our [or third parties’] use, you will have the opportunity to withhold your consent to this when you provide your details to us on the form on which we collect your data, or you can do so by writing to us at the address detailed in clause 2, or sending us an email at firstname.lastname@example.org at any time.
- Please be advised that we do not reveal information about identifiable individuals to our advertisers but we may, on occasion, provide them with aggregate statistical information about our visitors.
Controlling the use of your data
- If you have given us consent to use your data for a particular purpose you can revoke or vary that consent at any time. If you do not want us to use your data or want to vary the consent that you have provided you can write to Executive Recovery and Enforcement Limited at the address detailed in clause 2 or email us at email@example.com at any time.
Where we store and transfer your data
- As part of the services offered to you, for example through our Website, the information you provide to us may be transferred to and stored in countries outside of the European Economic Area (EEA) as we use remote website server hosts to provide the website and some aspects of our service, which may be based outside of the EEA, or use servers based outside of the EEA – this is generally the nature of data stored in “the Cloud”.It may also be processed by staff operating outside the EEA who work for one of our suppliers, e.g. our website server host, or work for us when temporarily outside of the EEA.
- We do not use or disclose sensitive personal data, such as race, religion, or political affiliations, without your explicit consent.
- Otherwise, we will process, disclose or share your personal data only if required to do so by law or in the good faith belief that such action is necessary to comply with legal requirements or legal process served on us or the website.
- You have the right to opt out of our processing your personal data for marketing purposes by contacting us at www.londonleasforfeiture.co.uk
- The transmission of information via the Internet or email is not completely secure.Although we will do our best to protect your personal data, we cannot guarantee the security of data while you are transmitting it to our site; any such transmission is at your own risk. Once we have received your personal data, we will use strict procedures and security features to try to prevent unauthorised access.
- Where we have given you (or where you have chosen) a password so that you can access certain parts of our site, you are responsible for keeping this password confidential.You should choose a password it is not easy for someone to guess.
Third party links
21. You might find links to third party websites on our website. These websites should have their own privacy policies, which you should check. We do not accept any responsibility or liability for their policies whatsoever as we have no control over them.
- The DPA and GDPR give you the right to access information held about you by us. Please write to us or contact us by email if you wish to request confirmation of what personal information we hold relating to you. You can write to us at the address detailed in clause 2, above, or by email to firstname.lastname@example.org. There is no charge for requesting that we provide you with details of the personal data that we hold. We will provide this information within one month of your requesting the data.
- You have the right to change the permissions that you have given us in relation to how we may use your data. You also have the right to request that we cease using your data or that we delete all personal data records that we hold relating to you. You can exercise these rights at any time by writing to us at the address detailed in clause 2, above, or by email to email@example.com
Changes to this policy
- We may update these policies to reflect changes to the website and customer feedback. Please regularly review these policies to be informed of how we are protecting your personal data.