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Clark Richard’s may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 05/08/2009.
What we collect – We may collect the following information:
“What we do with the information we gather” – We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
“Security” – We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
Links to other websites – Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
Tracking Code – www.clarkrichards.co.uk uses tracking code from the major UK search engines to work out how you found our site, what pages you visited and what facilities you used.
Controlling your personal information – You may choose to restrict the collection or use of your personal information in the following ways:
We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen. You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please write to 3 Bailey Court, Green Street, Macclesfield SK10 1JQ. If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.
1. The agreement between you and us is made on the following terms:
You- Our client whose name is recorded on the enclosed document (and partner where any of the debts are in joint names)
Us- Clark Richards Ltd, 3 Bailey Court, Green Street, Macclesfield, SK10 1JQ. Licensed and regulated by the Financial Conduct Authority.
Creditors- Any and all of your unsecured debts whose details you provide to us in accordance to section 3.
Debt Management Plan- A plan of repayment produced by us in accordance with section 4.2, referred to as your plan.
Period- The period which your plan is in operation.
Arrangement Fee- Fee that covers the work that goes into setting up your plan in the first 6 months. This Involves: Reviewing your draft payment plan, calculating the reduced repayment proposal, preparing your financial statement, liaising with your Creditors, renegotiating your monthly payments, providing documentation to your Creditors.
Management Fee- Monthly fee that covers the ongoing work involved in keeping your plan running smoothly, This includes: Making the agreed payments to each of your Creditors, answering phone calls, emails and letters from your Creditors, creating the detailed payment statement you will receive each month, it also pays for your Personal Account Manager services so that you have a point of contact to answer your questions and help solve any queries throughout your plan.
You request us and we agree to provide you with debt counselling advisory service in accordance with these terms and conditions. You authorise use to negotiate on your behalf with your Creditors. This agreement shall continue until final repayment s to the Creditors is made in accordance with your plan, unless it has been terminated beforehand in accordance with Section 6.
3. Your responsibilities
3.1 You will provide to us on request information relating to your finances. This will include but not be limited to details of your income and expenditure, your Creditors and any agreements you have with them, any loans or mortgage you have your dependants and judgements made against you or any other enforcement action being taken against you.
3.2 You will sign any necessary forms of authority or any other documents so that we may negotiate with your Creditors on your behalf and generally carry out our obligations under this agreement.
3.3 You will pass all correspondence from your Creditors to us and keep us informed of any dealings you have with any Creditors whether we are negotiating with them or not. Failure to forward Creditor correspondence may result in further action being taken against you. You will not use your credit cards, nor incur further debts.
3.4 You will consult with us in relation to your plan repayments, any alterations to it or reviews. Your payments to us will need to be amended to reflect any reasonable changes.
3.5 You will make payments to us under and in accordance with the plan.
3.6 You will ensure that you update us with any change of bank or card details prior to your payment falling due.
3.7 You will contact us in advance if you are unable to meet your payment requirements so we may discuss options.
3.8 If you do not maintain regular payments we will suspend any action and payments on your account. Your Creditors will be informed that payments are not being maintained, which may result in legal action.
3.9 You remain responsible for continuing to pay any secured loan, mortgage, hire purchase agreements and all household bills (including council tax and insurances).
3.10 You remain responsible for the repayment of taxes, fines, child support payments and debts which could result in the loss of access to essential goods or services or repossession or eviction from your home. If you are struggling to meet the above commitments please contact The Money Advice Service.
3.11 The liability of all debt remains solely your responsibility. Failure to make contractual payments may result in collection action and possible default notices which may cause further costs to be incurred.
4. Our responsibilities
4.1 We will review your finances, covering income, expenditure, debts and assets. These must include all debts secured on property or goods, which we will take into consideration but cannot, negotiate payments on. We will calculate your disposable income based on reasonable living expenses.
4.2 In consultation with you we will produce your plan by which you can pay off your Creditors and our fees.
4.3 We will negotiate with your Creditors and attempt to agree repayment terms based on your agreed monthly repayment.
4.4 We shall make payments to your Creditors in accordance with your plan. Payments to Creditors will be distributed promptly (normally within 5 working days) with the exception of your first payment which will be distributed once your cooling off period has expired under normal payment conditions.
4.5 The payments made to your Creditors will be reflected on the statements you receive from them. In addition we will issue monthly payment receipts.
4.6 We shall provide you with an annual statement which will set out outstanding balances, payments distributed to lenders and a breakdown of fees.
4.7 We can only provide advice on the services that we offer. We cannot provide legal counsel.
4.8 We shall not be liable for any breech of obligation or decision not to lend to you by any lender during or after our agreement.
4.9 You will solely be liable for any effects to your credit score.
4.10 We cannot be held liable for any legal action taken against you by your Creditors. There is no guarantee that any current legal action will be suspended or withdrawn.
4.11 We shall attempt to agree with your Creditors that they freeze or reduce interest and charges however we cannot guarantee that these will be stopped nor can we be held liable for any increase in your Creditor balances.
5. How we will be paid
5.1 Unless we agree otherwise with you we will take from month seven onwards a fee equal to 16.9% of your full monthly payment. Subject to a minimum of £39.50 and maximum of £100.
5.2 An arrangement fee which is spread out over the first 6 months of the plan will be taken to cover the costs of setting up your plan. The amount of the arrangement fee will have been confirmed by your Advisor and detailed in the initial paperwork.
5.3In the case of weekly payments, 4 times the weekly payment will equate to one month’s payment.
5.4 We reserve the right to charge additional fees for administrating an alternative debt solution in order to cover our costs. Fees incurred are variable dependant on the monthly contribution.
6. Termination of agreement
6.1 If for any reason you wish to cancel, we offer a 14 day cooling off period from the date you sign your terms and conditions . Your request must be received in writing within the 14 days, during which we offer a full refund of any fees which we have taken.
6.2 After the cooling off period you may end this agreement by giving us 14 days notice in writing. In the event of cancellations under this section, We reserve the right to retain any Fees we have received from You up until the time You Serve written notice to Us.
6.3 We may end this agreement by giving you 14 days notice in writing if any of the following happens:
1.You breach this agreement and do not remedy within 7 days
2.A Bankruptcy petition/ DRO/ Sequestration is issued against you
3.You enter into an IVA/ Trust Deed
4.Where the information provided to us is knowingly incorrect
5.Where information provided to acquire lending is considered
fraudulent by your Creditors.
6.If we are affected by Force Majeure
7. Two successive missed monthly payments
6.4 After termination of your agreement your file may be reinstated subject to standard setting up costs.
7.1 In the unlikely event that you are unhappy with any aspect of our service we have a comprehensive complaints handling process which is available and can be sent to you in writing or you can view our policy online alternatively you may write to us detailing your complaint.
FAO Compliance Manager, Clark Richards, 3 Bailey Court, Green Street, Macclesfield, SK10 1JQ.
8. Changes to terms and conditions
8.1 We reserve the right to change these terms and conditions. Where possible, we will give you reasonable notice of changes and the date they take effect
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