Thank you for selecting BACK Collect’s debt recovery service. In order to sign up for the service you must complete both parts of this form prior to our law firm partners Wilkin Chapman being able to assist.
This process only needs to be completed once. If you need any assistance then please call Wilkin Chapman on 01472 262626 and ask for Chris Grocock, partner in charge quoting “BACK Sign Up”
IDENTITY CONFIRMATION It is a legal requirement that all law firms obtain proof of your identity before they do any work for you. Please follow this simple guide and attach copies of the documents requested. If you have any questions about the form or the way we use the information you provide, please call us. Once you have provided this confirmation when we commence acting for you you will not have to provide it again for future instructions you give to us. We need you to provide some evidence of your name and your address. We do this by asking some documentation from you unless we meet you in person. First tell us your full name, including the title you like to be known by and any middle names. If your name has changed in the last 3 years include the name you used to be known as in addition. Full Name: Now tell us what kind of organisation you are? 
Partnership or LLP
If you ticked either Partnership LLP or Limited Company, is there anybody who ultimately owns or controls (whether through direct or indirect ownership or control) more than 25% of the shares or voting rights in the partnership, company; or otherwise exercises control over the management of the company? 
Yes, give details
YOU MUST COMPLETE THE NEXT SECTION. If you ticked either Partnership LP or Limited Company, OR if you answered YES to the question on beneficial ownership, AT LEAST TWO of the Partners, Directors or Shareholders MUST complete the remainder of the form. For each person completing this form you MUST send us a copy of one of the following documents in list A and tick to show which document you are sending: 
A current signed passport
An EEA member state identity card
Residence permit issued by Home Office to EEA nationals
Current full UK or EEA photo card driving licence
Firearms or shotgun certificate
National identity card containing a photograph of you
NOW TURN OVER AND COMPLETE THE FORM .
Now you MUST send us at least one of the following documents in list B which must be different to the document you picked from list A. Then tick to show which document you are sending. 
A recent utility bill or statement (not mobile or telephone bills)
A local council tax bill for the current year
A current full UK driving licence (not a provisional licence)
A bank, building society or credit union statement or passbook containing current address
A recent original mortgage statement from a recognised lender
A solicitors letter confirming recent house purchase or land registry confirmation of address
A local council or housing association rent card or tenancy agreement
A benefit book or original notification letter from the Benefits Agency confirming the right to benefits
EEA member state identity card showing your address
An Inland Revenue self-assessment statement or tax demand
Please now sign this form so that we may open an account for you.
YOU MUST SIGN HERE TO ALLOW US TO PROCESS YOUR APPLICATION I have provided the documentation required and understand that you cannot proceed with processing my application without it. Signed……………………………………
Now please read the next part of the form and sign it.
TERMS AND CONDITIONS OF BUSINESS You have been referred to us by BACK Collect. We need to set out the terms and conditions of business that will govern the work we do for you. If you have any questions, please contact us. OUR AIM We aim to offer our clients quality legal advice with a personal service at a fair cost. As a start we hope it is helpful to you to set out in this statement and any accompanying Engagement Letter, the basis on which we will provide our professional services. ABOUT OUR SERVICES 1.
Service Standards When providing you with legal advice we will endeavour to: Represent your interests and keep your business confidential. Explain to you the legal work which may be required and the prospect of a successful outcome. Keep you regularly informed of progress. Explain to you the cost/risk benefit of pursuing your case.
People Responsible For Your Work Paralegals specialising in debt recovery will carry out most of the work in this matter. Paralegals are under the supervision of Specialist Debt Recovery Solicitors. The person with ultimate responsibility for the work undertaken on your behalf is Chris Grocock who is a Partner at Wilkin Chapman LLP and the Head of the Debt Recovery Department. We will notify you of the Paralegal who is assigned to your case at the outset of the action so that you can contact them by letter, e-mail or telephone as you require.
Exclusions Unless agreed in writing we will not: Provide advice on tax (including VAT) and/or accounting or other financial matters or for any other matter for which we have expressly excluded responsibility as set out in the Engagement Letter; nor Be responsible for reminding you of any relevant dates following the completion of any matter upon which we are advising you. Our engagement is to you and any advice which we give you is for your exclusive use and it is not to be relied on by or made available to any other party without our prior written consent. We do not accept a duty of care to any person other than you or any third party expressly referred to in the Engagement Letter, in respect of our engagement and you agree to indemnify us in respect of any claims brought against us by any third party arising out of or in connection with our engagement. We reserve the right to stop work and terminate the retainer contract with you if the work becomes futile and/or risks our reputation, as a matter of probability and at our sole discretion.
Hours of Business Our offices are open from 9.00 am to 5.15 pm. Out of hours a message can be left either on our telephone answering service or in individual voicemail boxes where you have tried a direct dial number.
Complaints We aim to give clients an extremely high standard of service however if you have a complaint or we have been unable to resolve a problem you should contact David Buckle who is the Partner responsible for complaints across the firm; his address is P O Box 16, Grimsby DN31 1HE. This is the proper course of action should you have any concerns. Our staff will treat you with respect and we expect you to reciprocate – otherwise we reserve the right to cease acting for you.
Money Laundering Proof of Identity The law now requires Solicitors, as well as Banks, Building Societies and others, to obtain satisfactory evidence of the identity of their client. This is because Solicitors who deal with money and property on behalf of their client can be used by criminals wishing to launder money. In order to comply with the law on money laundering, we need to obtain evidence of your identity or if you are a company or limited liability partnership, the identity of one or more of your directors or members. Confidentiality Solicitors are under a professional and legal obligation to keep the affairs of the client confidential. This obligation, however, is subject to a statutory exception recent legislation on money laundering and terrorist financing has placed Solicitors under a legal duty in certain circumstances to disclose information to the Serious Organised Crime Agency. Where a solicitor knows or suspects that a transaction on behalf of a client involves money laundering, the Solicitor may be required to make a money laundering disclosure. If while we are acting for you, it becomes necessary to make a money laundering disclosure, we may not be able to inform you that a disclosure has been made or of the reasons for it because the law prohibits â€œtipping-offâ€?.
Data protection We undertake to comply with the provisions of the Data Protection Act 1998. We may use the information that you provide to contact you (or appropriate persons within your organisation) about our legal services that may be of interest to you or your company. This may include legal updates or seminars. Please let our Marketing Department know if you do not wish to receive such information. You have the right under the Data Protection Act 1998 to obtain a copy of the personal information we hold about you. A fee would be applicable for this information. Please let us know if you want a copy of such information or you believe that any information that we hold about you is incorrect or incomplete.
Financial Services and Insurance Mediation We are not authorised under the Financial Services and Markets Act 2000, but we are able, in certain circumstances, to offer a limited range of investment services to the client because we are regulated by the solicitors Regulation Authority. We can only provide these investment services if they are an incidental part of the professional services we have been engaged to provide. If you have any problem with the service we have provided for you then please let us know. We will try to resolve any problem quickly and operate an internal complaints handling system to help us to resolve the problem between ourselves. If for any reason we are unable to resolve the problem between us, then we are regulated by the Solicitors Regulation Authority and complaints and redress mechanisms are provided through the Solicitors Regulation Authority and the Legal Complaints Service. The Law Society is a designated professional body for the purpose of the Financial Services and Markets Act 2000, but responsibility for regulation and complaints handling has been separated from the Law Societyâ€™s representative functions. The Solicitors Regulation Authority is the independent regulatory body of the Law Society and the Legal Complaints Service is the independent complaints handling body of the Law Society. We are not authorised by the Financial Services Authority. However, we are included on the register maintained by the Financial Services Authority so that we can carry on insurance mediation activity, which is broadly the advising on, selling and administration of insurance contracts. This part of our business, including arrangements for complaints or redress if something goes wrong, is regulated by the Solicitors Regulation Authority. The register can be accessed via the Financial Services Authority website at www.fsa.gov.uk/register.
Email Communications Email may be used to communicate with you unless you tell us not to. Please be aware that internet communications are not secure. Email carries the risk of inadvertent misdirection or non-delivery and therefore we will not be liable for any loss arising from any such misdirection or non-delivery. We endeavour to prevent viruses by using a fire wall and anti-virus software but it is your responsibility to carry out a virus check upon receipt. Our emails are monitored to prevent unauthorised use of our email system.
10. Quality Standards We are accredited with LEXCEL which is the law Society’s practice management quality standard. To ensure the quality of our work, your file may be audited for the purposes of quality checking by internal and external assessors. 11. Storage of Papers and Documents After completing the work, we are entitled to keep all your papers and documents while there is still money owing to us for fees and expenses. We will keep our files for a minimum of six years and we will not destroy wills, deeds and other documents which you ask us to hold in safe custody. If we retrieve papers and documents from storage in relation to continuing or instructions to act for you, we will not charge for such retrieval. However, we may charge you for the time spent producing stored papers that are requested, and for reading, correspondence and other work necessary to comply with your instructions. TERMS AND CONDITIONS OF BUSINESS 1.
Fees Our charges for debt recovery work undertaken on your behalf are calculated by reference to our list of standard charges which are attached unless any other specific arrangement has been entered into in writing by us with you. If you do not specify the preferred method of charging in your instructions we will charge you our “free business to business” tariff of charges for business to business debt or our “standard service” if you do not qualify for the “free business to business” service. In the event that the claim becomes defended or is unusually complicated or for any other reason we do not think it is appropriate to treat the case as an undefended debt claim, the file will be transferred to a Specialist Debt Recovery Solicitor. You will be supplied with a revised estimate of costs and an explanation of the basis upon which our fees will be calculated before any further work is undertaken. We will add VAT to our charges at the rate that applies when the work is carried out. VAT is currently 17.5% but is subject to change without notice and will be charged at the prevailing rates. VAT is payable on most of our charges and for most disbursements and outlays although Court fees are currently exempt from VAT. Any late payment compensation we recover and retain as part or all of our fees is subject to VAT.
Disbursements In acting for you we may incur expenses and disbursements on your behalf, such as Court fees, fees of Counsel and other experts, search and registration fees, stamp duty, stamp duty land tax and special Bank transaction costs. In addition there may be internal costs and expenses that we incur within our business for the preparation of your case. You are responsible for paying such expenses and disbursements.
Invoices We reserve the right to submit invoices to you for our fees, expenses and disbursements at regular intervals (usually monthly) or at appropriate stages in the conduct of your matter. For some types of work we may wish you to pay by a monthly standing order from your bank. Where we are acting for you in the purchase of a domestic property we will require payment of our fees and disbursements at least seven days prior to completion. Where we are acting for the sale of a domestic property either including a purchase of another property or not, then payment is due on completion. We do not charge our fees when a domestic property sale or purchase does not complete, but we will invoice you for expenses and disbursements incurred by us on your behalf for search fees etc. We reserve the right to request payment in advance on account of fees, expenses and disbursements. Invoices can only be raised either in your name or some other person identified in the Engagement Letter for whom our services are to be provided.
Payment Payment is due upon presentation of the invoice unless we have agreed with you in writing that a different payment date will apply. It is possible to pay us by credit card. Sums over £1500 will be subject to a credit card charge of 1.38% on the total amount. If an invoice is not paid on the due date, we shall be entitled to charge interest on the amount due (including any expenses, disbursements and VAT) at a rate equivalent to 2.5% above the base rate of NatWest Bank Plc. We will also instigate reasonable credit control procedures, which may include reminder letters or telephone calls and ultimately court proceedings.
If an invoice (or standing order if appropriate) is overdue for payment, we reserve the right to suspend work and to retain documents and papers belonging to you irrespective of the matter to which they relate, until all sums due to us are paid. 5.
Money held by us Money held by us, whether on account of fees, expenses, disbursements or otherwise, will be placed in our Client Account and you will be entitled to interest which would have been earned had it been held in a separate designated deposit account at NatWest Bank Plc unless the amount of such interest is less than £20 or unless we are otherwise not required to pay it to you under the Solicitors’ Account Rules. Any monies held on your behalf in a designated deposit account will be credited with the interest rate relating to that account. Money held by us on your behalf is placed with one of the leading High Street banks. However we will not be responsible for any failure to repay that money due to such bank’s insolvency. Money held by us for you (or other representatives of your company if appropriate) may be taken by us in payment or part payment of our invoices, whether overdue or not.
Commission and Referrals You have been introduced to us by BACK InContact Limited trading as BACK Collect with whom we have a referral relationship. We will pay a referral to BACK InContact Limited at the conclusion of the case. The referral fee is equivalent to 15% of a total amount of fees paid to us for pre-legal work undertaken. The referral fee is equivalent to 15% of the fixed cost where Court proceedings are issued. We cannot confirm an exact amount at the outset as the total fees are unknown until the case is settled. Despite this referral relationship with BACK InContact Limited we will provide you with independent advice and you are able to raise questions with us about any aspect of your case. Any information that you provide to us during your case will not be shared with BACK In Contact Limited unless you agree. However, because we are acting for both of you and BACK InContact Limited in your case, we may have to stop acting for both of your if there is any conflict of interest.
Litigation There are a number of specific points that you should be aware of when involved in litigation (including arbitration) whether as claimant or defendant/respondent. You are responsible for paying our Costs even if the court, tribunal or arbitrator eventually orders another party to contribute towards your Costs. “Costs” include legal fees (including any success fee agreed), expenses, disbursements and VAT (where appropriate). Unless you have entered into a conditional or contingency agreement with us which creates an agreement to the contrary, if you lose (or withdraw) an action, cause or matter, you will be liable to pay our Costs. “No Win No Fee” clients will pay nothing if you lose. If you lose a civil court action, cause or matter (county court/High Court/court of Appeal/House of Lords) the court is likely to order you to pay most or all of your opponent’s Costs. By analogy the same general principle will apply in arbitration. If you withdraw a civil court action, cause or matter, the other party is entitled to have an order made by the court for you to pay its Costs. By analogy the same general principle will apply in arbitration. In cases before employment tribunals, a party who has acted vexatiously, abusively, disruptively or otherwise unreasonably in bringing or conducting proceedings or who has caused a hearing to be delayed can be ordered to pay their opponent’s Costs. In all cases involving a dispute which may lead to court or tribunal proceedings the need to comply with court/tribunal rules places responsibilities on clients and legal advisors. Failure to comply with your responsibilities may lead to the imposition of sanctions for which we cannot accept responsibility. Under the Courts and Legal Services Act 1990, lawyers have a statutory duty to the Court to act with independence in the interests of justice, together with a duty to comply with our Professional Conduct Rules. These duties override any other obligation which the lawyer may owe to their client. Nothing in the Engagement Terms of Business or the Engagement Letter shall constitute a contentious business agreement for the purposes of section 59 of the Solicitors Act 1974.
General Any advice provided by any individual member or employee in whatever capacity shall be deemed to have been provided by Wilkin Chapman llp. These Terms of Business and the Engagement Letter apply to all services provided by Wilkin Chapman llp, whether as Wilkin Chapman Goolden, Wilkin Chapman, Wilkin Chapman Epton Blades or Cooper Wilkin Chapman, all of which are trading names of Wilkin Chapman llp. .
These Terms of Business together with any Engagement Letter constitute the entire terms of a legal contract between you and us for the provision of legal services. No variation or addition to these Terms of Business or the Engagement Letter shall be effective unless in writing signed by a partner of Wilkin Chapman llp. In the event of any inconsistency between these Terms of Business and the Engagement Letter, the terms of the Engagement Letter shall prevail. The legal contract between you and us is not intended to, nor does it confer any right or benefit on any other person, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise. This firm is committed to promoting equality and diversity in all of its dealings with clients, third parties and employees. Please contact us if you would like us to send you a copy of our equality and diversity policy. 9.
Indemnity – Business Clients Only Where you are a business, a public authority or a director of a company and we have suffered loss or incurred costs, expenses and/or liability as a result of acting in accordance with your instructions, then you shall indemnify us for any and all such loss, costs, expenses and liabilities suffered or incurred by us save where such loss, costs, expenses and liabilities arise or are attributable to our own negligence in which case you shall only be required to indemnify us for such loss, costs, expenses and liabilities as shall be fair and equitable taking into account the extent of our own negligence.
10. INSURANCE AND LIMITATION OF LIABILITY Neither Wilkin Chapman llp nor any one or more of the partners or staff of Wilkin Chapman llp shall be liable for any loss or damage suffered by you where such loss or damage arises from or is attributable to; Any delay by you or other persons supplying information or documentation to us; Any information or documentation supplied by you or any other person being incomplete, inaccurate or out of date; Any other matter outside our reasonable control; Any matter in respect of which we have excluded our potential liability in the Engagement Letter; Any act or omission or advice of any third party. Neither Wilkin Chapman llp nor any one or more of the partners or staff of Wilkin Chapman llp can accept any liability to you or any other person for consequential or indirect loss (including loss of profit, revenue or opportunity) or any other loss which was not reasonably foreseeable as at the date of the Engagement Letter or any written variation to it, arising out of or attributable to any act or omission by us or on our behalf, howsoever arising, including negligence. Save for death or personal injury arising from our negligence, because our insurance cover for any claim is limited to £10 million, our maximum liability for all losses and claims attributable to the same or a series of related acts or omissions shall not exceed £10 million.
YOU MUST SIGN HERE TO ALLOW US TO PROCESS YOUR APPLICATION I have read, understood and accept the terms and conditions of business as set out above.
Published on Oct 20, 2010