Terms and Conditions

Daniels Silverman Terms and Conditions

1. By submitting your debt through Daniels Silverman’s client portal, you agree to our Terms and Conditions, the Client confirms that the debt(s) is owed to them, or the Client has the full authority of the creditor or third party to pursue the debt(s). You agree to Daniels Silverman making immediate contact with your customer(s) subject to any audit that may be required.

2. The Company will pursue the overdue or bad debt(s) on your behalf and use appropriate methods to attempt collection of your debts.

3. Commission will be charged based on the amounts collected and the type of debt(s) referred by the Client.

4. Commercial debt(s) – 15% plus VAT.

5. We will add reasonable recovery costs allowed under the Late Payment of Commercial Debts Act Regulations 2013, and if applicable, we will add statutory compensation to debt(s). That additional fee is only payable to us by the customer and will never be paid by or recovered from you, but it is retained by us if it is paid. We will not add statutory interest unless you calculate and submit this.

6. Consumer debt(s) – 20% plus VAT. We are unable to add our charges on to consumer debts unless you are able to provide signed Terms and Conditions, which should include a provision to pass on recovery charges. You are unable to pass consumer debts through the portal.

7. Where your terms and conditions permit, you also authorise us to seek repayment from the customer of an administration fee of £35 plus VAT to cover a proportion of fixed unrecoverable costs where the amount of the debt is less than £600. Although we retain this fee if the customer pays it, that administration fee is only payable by the customer and will never be paid by or recovered from you.
If you withdraw the case after we have reconnected you with your customer, we will charge you a revoke fee of £20 plus VAT, which is payable within 30 days of the invoice. However, if you agree to receive payment directly from your customer, this will be subject to our commission.

8. We will charge a commission whenever any part of the debt is collected. “Collected” means that part or all of the debt is paid, whether by the customer or a third party on their behalf, to you, paid to us, or paid to some third party for your benefit. It also includes goods being returned to you, where you accept the return of goods in lieu of payment. If you accept work to be carried out free of charge by your customer to discharge the debt, either in full or in part, then we are entitled to charge commission on the value of the work carried out, which, unless evidence is provided to the contrary, will be valued as the whole of your outstanding debt or the sum that the debt is to be reduced by, following the work being carried out. This applies to any collection after the debt is referred to us (even if made directly to you).

9. If a payment plan is offered on the debt and you decide to accept the same, we are entitled to commission on each payment made, regardless of whether you subsequently instruct us to close our file, given that we have facilitated the same. If you instruct us to close the file, then payment of the commission due will be required to be paid in full within 30 days of closing our file.

10. The commission rates set out above are applied to the amount of the debt recovered, including any VAT, interest, costs, or other money. Where a debt or part of it is recovered by the return of goods or free work, the commission will be payable on a reasonable assessment of the value of the goods/work.

11. Unless the debt or part of it is collected, no commission is charged. If the debt or part of it is collected, the commission is payable by you within 30 days of the collection. We refer to the right to charge interest on overdue accounts at the rate of four per cent per annum above HSBC Bank’s base rate until paid calculated daily.

12. To assist us, you hereby agree that we are entitled to authorise and request any third party (for example, a customer’s solicitor, representative or debt management company) to deal with us rather than you and make payments due in respect of the debt to us. We will not accept any reduced offer in settlement of the debt without your written confirmation.

13. Where our standard collection methods are unsuccessful, we can offer you – without obligation – additional services to assist you in the collection. You do not have to take up any additional service, and you would never incur any fees for such services unless you instruct us to do so in writing. If you instruct us, you agree that you will pay the charges at the prevailing rate. If you don’t instruct us, and we think that there is no alternative option, we can deem the matter closed and take no further action.

14. If Daniels Silverman Limited considers that, for whatever reason, it is unable to assist you further in respect of debt collection and legal services. In that case, it reserves the right to terminate the Agreement by providing seven days’ written notice to you.

15. This contract allows you access to services such as:
· Debt collection – No win, no fee debt collection
· Company credit checks. As part of our investigations, we will conduct a credit check on the business you instruct us to recover a debt from if they are UK-based

16. Insolvency management – Upon your instruction, we can lodge a claim if a company enters into insolvency on a file that we have been instructed to recover a debt from, provided the debt is greater than £5,000.

17. Tracing – We can offer to trace individuals subject to you having a last known address. There is a fee for this external service, but it is offered on a no trace, no fee basis.

18. Legal options – Legal options are available. Legal disbursements are payable for such action.

19. We do reserve the right to refuse to continue acting for you if your cases prove not to be cost-effective to recover, if we receive a high number of disputes or your supporting documentation is not adequate to prove your cases, or if there is any risk to our reputation or to continue to act on your behalf could be deemed to be in breach of our regulator’s rules and regulations.

20. Once you have been set up as a new client with us, your account will only become active once an audit on your account has been completed, and you have referred your first debt to us. Until this time, you agree that the use of Daniels Silverman Limited should not be used on any of your correspondence to customers. You are, of course, free to confirm that debts will be passed to a debt collection company during this time. The use of Daniels Silverman Limited will be permitted for use on your correspondence provided that the debt is referred to us within 1 month. For existing clients, your file will be loaded and actioned immediately.

21. We will follow your instructions and provide professional advice on debt recovery. However, the information we provide should not be treated as a complete and authoritative statement of the law. We cannot be responsible for the incorrect provision of information or any problems caused by third parties (including any court, agent of ours or the postal service). Any liability of ours to you is expressly limited to either £10,000 or the amount of the debt you referred to us (whichever is the lower sum). You may wish to obtain appropriate external insurance cover if this is an issue.

22. You and we agree to submit to the jurisdiction of Liverpool County Court in the resolution of any issue in respect of our Terms and Conditions. All monies payable by you are payable in full without deduction or set-off or withholding for a counterclaim for any reason whatsoever. We reserve the right to contra-charge any payments due to us from any monies owing to you.

23. You agree to ensure that when submitting the debt, you have selected the correct company or individual who owes you the monies. You agree to be liable for any issues that could arise by you submitting the incorrect company data and Daniels Silverman pursuing the wrong entity based on this information from you.