The agreement between you and us is made on the following terms:
1. Definition of Terms
|The Act||The Insolvency Act 1986 as amended.|
|Contribution||A sum of money that you pay to your IVA.|
|Debt||Any and all liabilities that you owe to a creditor.|
|Debt Collector||Any business which is empowered by your creditors to collect monies due by you to them.|
|Disposable Income||The portion of income left after taxes and national insurance, priority debts, fines, current year arrears to utility suppliers and local authorities and reasonable living costs have been deducted.|
|Dividend||A distribution to creditors.|
|Effective Date||Is the date when the arrangement is approved at a creditors meeting to consider the arrangement.|
|Fees||The fees to be paid by you to us in accordance with the section 6 of these terms.|
|Individual Voluntary Arrangement (IVA) and is a type of debt solution that is a formal and legally binding agreement between you and your creditor to pay back your debts over a period of time.|
|Insolvency Practitioner||Insolvency Practitioners (IPs) is someone who is licensed and authorised to act in relation to an insolvent individual, partnership or company. IPs are the only individuals legally allowed to propose and supervise IVAs.|
|Property||The meaning given to it in Section 436 of the Act.|
|Proposal||Is the annexed document with modifications and documents incorporated, and is proposal under Part VIII of the Act.|
|Unsecured Creditors||Any creditor, except a secured creditor, who is your creditor for any reason that originated or occurred on or before the dime and date of approval of the arrangement.|
|Us||M1 Debt Advice Limited (“M1DA”) trading as M1 Bailiff Solutions.|
|You||Our customer, whose name is recorded on the Authority to Act form (and partner/spouse where any of the debts are in joint names).Agreement|
2.1 You request us and we agree to provide you with a debt counselling advisory and debt adjusting service in accordance with these terms and conditions. You authorise us to negotiate on your behalf with your Creditors. This agreement shall continue until completion of your IVA, unless an IVA is not approved or if this agreement has been terminated beforehand in accordance with section 9 of these terms and conditions.
2.2 If for any reason you wish to cancel we offer a 14 day cooling off period from the date of us receiving your signed Letter of Authority. If a payment is made to us within the 14 day cooling off period a full refund will be given within 5 business days of the date any withdrawal takes effect. To cancel the agreement by contacting us on 0161 468 7695 or by emailing us at firstname.lastname@example.org or writing to M1 Bailiff Solutions, 66 Camsley Lane, Lymm, Cheshire WA13 9BX.
3. Key Information
3.1 M1 Bailiff Solutions is a privately limited company.
3.2 Depending on which debt solution you chose it may be added to your credit report. Reduced or missed payments will affect the repayment codes registered on your credit report each month, as these reflect your original repayment schedule. Any information registered on your credit report will be recorded for a period of six years.
3.3 Entering into an IVA will result in your accounts falling into arrears or if you are already in arrears, increase the amount you are in arrears by.
3.4 Free debt advice and services are available. The Money Advice Service is an independent service that provides details of organisations that provide free debt advice and services.
3.5 These terms and conditions are only available in English and all communications undertaken during our agreement will only be available in English.
4. Your Responsibilities
4.1 You will provide us with information relating to your finances on request. This will include but will not be limited to details of:
- income and expenditure;
- your Creditors’ names, address, account/reference numbers and any agreements you have with them;
- if your debt has been referred or sold to a debt collector, the debt collector’s name, address, account/reference number and any agreement you have with them;
- any loans or mortgages you have;
- your dependants;
- any judgements made against you; and
- any enforcement action being taken against you or being threatened.
4.2 You will sign any necessary forms of authority or any other documents so that we may negotiate with your creditors on your behalf. This may result in your creditors continuing legal action against you, for which we cannot be held responsible. If you do not provide us with a signed Letter of Authority authorising us to act then we may suspend any action.
4.3 You will pass us copies of all correspondence from your creditors and keep us informed of any dealings you have with any creditors, whether we are negotiating with them or not.
4.4 Failure to provide accurate creditor or debt collector details may result in delays in preparing your IVA proposal. You must provide to us the business name and debt reference of any debt collector who is collecting or has been sold your debt.
4.5 You will consult with us in relation to your IVA proposal in relation to any alterations to it or if you need to be amend it to reflect any reasonable changes which your circumstances dictate.
4.6 On occasion your creditors may not provide us with details of your account(s) due to their own company procedures. If these circumstances arise then you will obtain this information for us and supply us accordingly.
4.7 We cannot be held responsible for any legal action taken against you by your creditors as a result of fraudulent or incorrect information provided by you at the time of acquiring a loan, hire purchase agreement, credit card or any other form of credit or for any other reason.
4.8 Non-contact from you will not be considered cancellation of the agreement.
4.9 If you do not maintain regular contact we may suspend any action on your account.
4.10 You remain responsible for continuing to pay any secured loans, mortgages or hire purchase agreements and all household bills (including insurances).
5. Our Responsibilities
5.1 We will review your finances, covering your income, expenditure, liabilities and assets. These will include all debts secured on property or goods, which we will take into consideration but cannot negotiate reduced payments on. We will calculate your disposable income based on reasonable living expenses. All financial statements will be reviewed by a debt advisor.
5.2 In consultation with you we will collect all the necessary information required to create an IVA proposal. It will not take account of any matters you have not told us about in accordance with section 4 of these terms and conditions.
5.3 With your prior consent we will conduct a credit search to assist us in establishing your creditors and their details.
5.4 We will refer your case to an IP to determine if you eligible for an IVA.
5.5 Should your circumstances or any other relevant matter change whilst your IVA is being proposed, we shall appropriately review your case and the appropriate debt solutions with you. If an IVA is no longer the appropriate solution, the fee will no longer be payable.
5.6 During the proposal of your IVA some creditors may continue to charge interest and other recovery charges. We cannot always prevent these charges being levied. These will however be included within your IVA.
5.7 We cannot guarantee to stop legal action by your creditors prior to the approval of your IVA.
5.8 We will issue a statement annually showing all contributions received on your account.
6. How We Will Be Paid
6.1 Unless we agree otherwise with you we will charge an administration fee of £100.
6.2 The administration fee covers the service outlined in sections 5.1 – 5.5 of these terms and conditions.
6.3 If this agreement is ended in accordance with section 8 of the terms and conditions you will not be liable for the administration fee.
7.1 M1 Debt Advice takes any complaints regarding its practices very seriously. Should you feel the need to complain a copy of M1 Debt Advice’s full complaints procedure is available on request or can be found here . Our complaints procedure also explains how to refer your complaint if you are unhappy with M1 Debt Advice’s final response.
7.2 If you are concerned about any aspect of the service M1 Bailiff Solutions provides, please talk to your Advisor who will do their best to resolve your complaint. Alternatively you can call the main telephone number on 0161 468 7695. Whilst we are able to register complaints by telephone, should you wish you may also complain to us in writing, either by writing to:
M1 Bailiff Solutions (Complaints)
44 Weaste Lane
or by emailing email@example.com.
7.3 Whilst we will look into any complaint carefully and promptly and do all we can to explain the position to you, if you remain dissatisfied you have the right to refer the matter to the Financial Ombudsman Service (FOS). You can contact them by telephone on 0300 123 9 123 or 0800 023 4567. Text FOS on 07860 027586 and they will call you back, although if you need to contact FOS more urgently it is recommended you call them. Alternatively write to: The Financial Ombudsman Service, Exchange Tower, London, E14 9SR or email: firstname.lastname@example.org. Submit your complaint online at https://help.financial-ombudsman.org.uk/help or by filling out a Word or PDF form, found at www.financial-ombudsman.org.uk/consumer/complaints.htm or fax to 0207 964 1001.
7.4 Compensation is not available from the Financial Services Compensation Scheme, or any other named compensation scheme.
8. Termination of Agreement
8.1 If for any reason you wish to cancel, in accordance with the Financial Services (Distance Marketing) Regulations 2004, we offer a 14 calendar day cooling-off period from the date we receive your signed Letter of Authority. If you cancel your plan during the cooling-off period you will not be liable for any fees.
8.2 We may end this agreement by giving you 28 days’ notice in writing if any of the following matters happen:
- You breach this agreement and do not remedy the breach within seven days of our bringing the breach to your attention;
- A bankruptcy petition is issued against you;
- You enter into an Individual Voluntary Arrangement/Trust Deed through another introducer;
- The information provided to us is knowingly incorrect;
- The information provided by you at the time of acquiring a loan (hire purchase agreement, credit card or any other form of credit) is deemed incorrect or fraudulent by any Creditor; or
- We are affected by force majeure.
9. Data Protection
9.1 Please read this statement carefully as it explains what personal information we collect about you and how we use this information.
9.2 We collect personal information (which may include sensitive personal data) about you both directly from you when you apply for our services and from your creditors as authorised by you. We may also collect further information as a result of providing these services.
9.3 We will use your personal information to provide our services to you, and in particular:
- to negotiate with your creditors
- to keep you informed about the services; and
- we may share your information with our partners, associates, agents and contractors in order that they can perform the support services they carry out on our behalf to enable us to provide our services to you, including but not limited to debt advice and debt adjusting. These may include people and companies outside the European Economic Area (“EEA”) which consists of the European Union Member States together with Iceland, Liechtenstein and Norway. By agreeing to our Terms and Conditions you authorise us to transfer, store and process your personal information in this way; and
9.4 Subject to clause 9.5 of these terms, and not without your express and informed permission, we may also use your personal data to contact you to provide you details of other products and services which we think may be of interest to you.
9.5 If you do not want us to disclose your personal information (and/or sensitive personal data) as set out in clause 9.3 of these Terms, or if you wish to change the way we communicate with you, please let us know by either calling us on 0161 468 7695 or by writing to us at our address set out above.
9.6 Except as set out in these terms, we will only disclose your personal information:
- to the extent required by law;
- in accordance with a court order;
- following a request by a government or law enforcement authority; or
- to any company or other entity to whom we either transfer or assign any or all of our obligations to you under this agreement
9.7 You have the right to obtain a copy of personal data which we may hold about you or ask us to amend any inaccurate personal data held by Us. Please write to the Data Protection Officer to request this information at our address set out in these Terms and Conditions.
9.8 Please note that calls may be recorded for training and compliance purposes.
M1 Debt Advice Limited, Registered in England & Wales under company registration number 10011810. Registered Office: 44 Weaste Lane, Thelwall, Cheshire WA4 3JT. Data Protection Registration Number ZA136053.