Terms & Conditions of Business
Provision of Debt Collection Services
1. Armstrong Hutton Ltd (known as the Agency in these Terms & Conditions of Business) are a firm
of debt collection specialists based in Scotland specialising in the overdue debt recovery of
commercial and nonregulated consumer debts across the UK, Eire & Worldwide. Armstrong Hutton
Ltd operate under the General Data Protection Regulation on behalf of their Client as the data
processor with the Client being the data controller and similarly on instructing a third-party
processor will remain a data processor.
2. The Agency operates under the guidelines of the Data Protection Act 1998 and the General Data
Protection Regulation ((EU) 2016/679). The Agency reserves the right to make reasonable changes
to our Terms & Conditions of Business in compliance with any legislative amendments.
3. Debt Collection Services are defined as the management and action of outstanding balances,
where the purpose is to collect the outstanding amounts due to our Client by their Customer, the
data subject.
4. By registering or placing an account for collection, it is deemed that you have read and adhere to
our Terms and Conditions of Business and the applicable fee rate confirmed at the outset or
accompanied by our standard fee scale. Whilst every effort is made by the Agency to recover
outstanding monies on behalf of the Client, no guarantee can be made that such money will be
recovered.
5. Once a debt is submitted to the Agency by the Client, by whatever means, electronically or
otherwise, the Agency is authorised to collect money on behalf of the Client (Data Controller). This
is a binding contract between the Agency and the Client (Data Controller), and these Terms and
Conditions of Business are to be complied with, in all stages of the collection process. The Client
(Data Controller) is solely responsible for the accuracy and correctness of information provided on
any new instruction. The Agency will attempt to recover within a reasonable and timely manner.
6. The Client (Data Controller) must inform the Agency of any disputes raised by the data subject
prior to the Agency’s appointment and give assurances that these have been resolved and the
Client (Data Controller) is confident that the debt is due in full. Should any disputes arise during the
pursual of the debt and the case be withdrawn the fee confirmed at the outset will be charged.
7. If the Client (Data Controller) receives communication from the debtor after the debt is passed to
the Agency, the Client (Data Controller) must inform the Agency immediately. If any payments are
received directly to the Client (Data Controller), the Agency must be informed immediately so that
the Agency does not pursue the debtor unnecessarily. If the Agency pursues a debt unnecessarily,
the Client (Data Controller) will be charged the collection fee agreed at the outset.
8. When all efforts have been exhausted, we will appoint third party representatives to continue in
the collection of the debt through further proceedings. Third party agents will not be instructed
without written consent from our Client (Data Controller). Accounts paid through further
proceedings will be subject to the commission fee confirmed at the outset of instructing Armstrong
Hutton Ltd.
9. Clients (Data Controller) are prohibited from using our company name on all pre-debt collection
letters and emails prior to the appointment of our firm. Any Client who uses our company name in
correspondence with debtors without our permission to do so, will be liable to pay us a fee of £125
plus VAT for doing so.
10. The Agency reserve the right to decline any debt passed for collection.
11. Should the case against the data subject be referred for additional auxiliary services or Court
Action the Client (Data Controller) will be liable for all costs incurred.
12. We will endeavour to recover any late payment interest, late payment charges or Government
Late Payment of Commercial Debts (Interest) Act 1998 stipulated interest or debt compensation
charge on behalf of our Clients (Data Controller) under their Terms & Conditions of Business.
Payment, Withdrawal or Termination of a Debt
13. Once the Agency has been instructed, on acquiring settlement/part-payment/contra
agreed/previous payment identified or payment in full all accounts are subject to our collection fee
confirmed at the outset, whether the monies get paid directly to the Client (Data Controller) or paid
to the Agency.
14. Monies paid directly to Armstrong Hutton Ltd Clients Account will be remitted on clearance.
Armstrong Hutton Ltd will deduct any outstanding commission from monies held.
15. The Agency reserves the right to accept settlement of debts by instalments on authorisation by
our Client (Data Controller).
16. If the debt is withdrawn by the Client (Data Controller), prior to the Agency recommending
termination of the action, this will be subject to our collection fee agreed at the outset, as if the
debt was collected in its entirety. If the Client (Data Controller) fails to provide adequate
information or instruction to the Agency, the case will be closed, and this will be subject to our
collection fee as agreed at the outset, if the debt was collected in its entirety.
17. Where goods or services are subsequently returned to the Client (Data Controller) and/or the
balance is written off by way of a credit by the Client (Data Controller), the Agency reserves the
right to charge the collection fee as agreed at the outset, as if this had been collected in its entirety.
18. Our Client (Data Controller) has the option to monitor an instalment arrangement once
implemented by the Agency and must notify the Agency immediately on the first occasion of a
defaulted instalment payment. Where the Client (Data Controller) wishes to monitor an instalment
arrangement themselves, we will close our account and the collection fee agreed at the outset will
be charged.
19. The Agency is authorised to accept full and final settlements, as per the Clients (Data Controller)
instruction, where both the Agency and the Client (Data Controller) believe this to be in the Clients
(Data Controller) best interest and subject to our collection fee agreed at the outset.
20. During the collection process, should the debtor be identified as being in
liquidation/sequestrated/bankrupt before or during our appointment an administration fee of £125
(plus VAT) will be charged to the Client (Data Controller).
21. During the collection process, should the debt be sent to solicitors to pursue legal proceedings,
an administration fee of £125 (plus VAT) will be charged to the Client (Data Controller).
Payment Terms
22. Our Invoices will be due for settlement within 7 days from the date of invoice. Overdue invoices
will be subject to a charge of 10% per month. In addition to this, the Agency reserves the right to
charge all fees and disbursements incurred via third party intervention to aid the recovery of monies
outstanding to the Agency.
23. All invoices for the services provided are subject to VAT with the exception of our International
Clients.
Confidentiality
24. We are aware of the importance of the confidentiality of information. The information provided
by our Client (Data Controller) will be used for the purpose of performing its rights and obligations
under these Terms & Conditions of Business. Information may be disclosed to a third party to assist
in the collection of an outstanding account.
Liability
25. Neither the Client (Data Controller) or the Agency shall be liable to the other in respect of any
loss, damage or liability arising out of or in connection with the Terms & Conditions of Business
whether in contract, tort (including negligence) or for breach of statutory duty or in any other way for:
a. any indirect or consequential loss or damage
b. any economic loss, loss of use, revenue, profits, contracts or business whether direct or indirect
c. any special or punitive loss or damages
d. any loss of goodwill or reputation
e. the loss of any anticipated savings Obligations of the Client.
26. The Client (Data Controller) must provide, in a timely manner, such documents and or
information as the Agency may reasonably require to substantiate/progress with a debt. Provide the
Agency with access to appropriate members of Clients (Data Controller) staff as reasonably
requested by the Agency in order for the Agency to provide the services. The Client (Data
Controller) agrees to notify the Agency, as soon as reasonably practicable, and in any event within 24 hours
of any payments received from the Data Subject (or by a third party on behalf of the Data
Subject) or of any correspondence relating to a Customer Account received by the Client.
27. The Client warrants that the Data Subject details provided to the Agency in relation to the
provision of the Services are accurate, legible and complete in every respect that the Data Subjects
name, address and contact details have been verified and the debt due is valid for payment to the
Client (Data Controller).
Compliance with Laws and Policies
28. In performing its obligations under the agreement, the Client shall comply with:
- General Data Protection Regulation ((EU) 2016/679)
- Data Protection Act 1998.
Waiver
29. Failure or neglect by the Client or Agency to enforce at any time any of the provisions hereof
shall not be construed as nor shall be deemed to be a waiver of their rights hereunder nor in any
way affect the validity of the whole or any parts of the Terms & Conditions of Business nor prejudice
that Party’s rights to take subsequent action.