This “Agreement” between You and James Rosa Associates Limited is made on the following terms.
We are authorised and regulated by the Financial Conduct Authority (‘FCA’) ( www.fca.org.uk).
James Rosa Associates Limited terms of business of trading effective from 1st October 2015.
1. Definition of Terms
“Agreement” means this Terms of Business.
“You” means our client whose name is recorded in the “Declaration”, and partner where any debts are in joint names;
“Us or “We” means James Rosa Associates Limited, registered office and trading address at The Old Rectory Business Centre, Springhead Road, Northfleet, Kent, DA11 8HN. The services and all information provided by Us are for clients who reside in England and Wales only.
“Creditors” means any and all Your unsecured Creditors whose details You provide to Us in accordance with section 3 below.
“Period” means the length of time.
“Priority Debts” means the debts due by You which are very urgent and have serious consequences if not paid such as mortgage, rent or utilities arrears. Other debts considered priority are those which could result in fines, court enforcement and/or prison sentences where non-payment occurs.
“Reasonable Time” means a period of time which will be notified to You to indicate how long it may take Us to carry out services on your behalf or a period of time We recommend to You to carry out a particular activity.
“Initial Consultation” refers to the first meeting (either face to face or over the telephone) where your financial situation is discussed and advice on solutions is provided by Us.
“Welcome Letter” refers to the letter sent to You following the Initial Consultation and agreement to engage our services.
“Case” refers to our administration of the agreed upon solution to your situation.
You have requested and We agree to provide You with a debt counselling, advisory and adjustment service in accordance with these Terms of Business (and detailed in the Welcome Letter). You authorise Us to negotiate on your behalf with your Creditors. This Agreement shall continue until we have performed the service as agreed and outlined in our Welcome Letter, unless it has been terminated beforehand in accordance with sections 6 or 7 below.
3. Your Commitment to Us
a. You agree to Us disclosing information You supply to your Creditors for the purpose of Us performing our commitments.
b. You agree to our fees, as set out under “Our Fees”.
c. You agree to complete the Income and Expenditure form accurately and provide proof that all figures documented are true and accurately reflect your current circumstances.
d. You will provide or return all requested items within a Reasonable Time.
e. You agree to keep Us advised of your contact details including telephone number, email and postal addresses at all times.
f. You agree to provide Us with all information and instructions to assist Us to carry out our obligations under “Our Commitment to You.”
g. You agree to provide Us with copies of any correspondence relating to your credit agreements that We may request and You will never send original documents unless required by Us to do so. If original agreements or legal documents are sent to Us We will always endeavour to return these to You and We will take copies for our records.
h. We will return any original documents sent to Us for the purpose of confirming your identity (photographic ID) when these are no longer required by Us however electronic or paper copies will be taken and retained for a period of 6 years from the date of termination of your case.
i. You agree to keep Us informed of any other contact between You and your Creditors and any agreements that You make with them.
j. You agree to appoint Us as your agents to act on your behalf when dealing with your Creditors.
k. You agree to contact Us immediately upon a change in your personal circumstances in order that We can provide You with appropriate advice and support.
l. If You, the “client”, comprise more than one person You agree to be jointly and severally liable to perform your Commitments.
4. Our Commitment to You
a. We act on your behalf in your best interests as your agent.
b. We agree to assess your financial situation and prepare a statement, from information provided by You, of your indebtedness.
c. We will take into account an allowance for essential living costs and also advise where savings could be made for the benefit of Creditors if deemed reasonable.
d. We will advise You on which debts should be regarded as “Priority Debts” and how to deal with these.
e. We will review our advice and the payment proposal to Creditors if You tell Us that your financial situation has changed in any significant way.
f. We will review your Case within the first 12 months of our appointment and thereafter on an annual basis on the anniversary of the commencement of your case unless circumstances arise under which We believe a review is required to ensure that the current solution is appropriate to meet your needs.
g. We will keep all of your information confidential except when We are required by law or at your request to disclose your information except as permitted by You.
h. We will perform this service with due care, skill and attention and within a Reasonable Time.
i. We reserve the right to decline a Case if We feel it necessary or appropriate on the grounds that We cannot provide a service to You in accordance with regulations which govern our business practices.
5. Our Fees
a. We do not charge a fee for the Initial Consultation.
b. Should You wish to engage our services, all fees and charges will be discussed and agreed during the Initial Consultation and detailed in our Welcome Letter.
c. Our fees exclude third party services such as solicitors and court fees if applicable (in the case of bankruptcy for example). If it is likely that additional fees are to be incurred, this will be discussed during the Initial Consultation and will be borne by You.
6. Your Right to Cancel
You have the right to cancel this Agreement by writing to Us at the trading address The Old Rectory Business Centre, Springhead Road, Northfleet, Kent, DA11 8HN; by emailing us at firstname.lastname@example.org or by calling us on 0845 680 7217.
Should We receive your cancellation request in the 14 days following the return of your “Declaration”. We will refund all monies We have received from You during that Period in full.
Should your cancellation request be received after this period, We reserve the right to retain our fees for the work which We have undertaken, however, no further charges will apply.
7. Our Right to Cancel
We reserve the right to cancel your Case by giving 14 days prior written notice if, in our judgement:
a. You fail to make payments to Us on time as agreed.
b. You fail to provide information or documentation requested by Us.
c. You provide false information, deliberately try to deceive Us, or your Creditors or you fail to cooperate with any review we carry out.
8. Data Protection
We may use the personal information You provide or which We collect via our website and application packs for the purposes of:
a. Providing You with services which You have requested and notifying You about important changes or developments to these services.
b. Updating our records about You.
c. Responding to your inquiries and complaints or to process your requests in relation to your information.
d. Under the Data Protection Act 1998 You may be entitled to see certain personal information We hold about You and may ask Us to make changes to ensure that it is accurate and up-to-date. If You wish to access information which We hold about You or if You would like to contact Us about a related data protection matter please write to Us at The Old Rectory Business Centre, Springhead Road, Northfleet, Kent, DA11 8HN. We are entitled to charge a small administrative fee to meet our costs in providing You with the information which We hold about You (currently £10).
We understand your complaints are an opportunity for Us to improve how We do things and can be made in writing (address and email below) or orally (telephone number below). We deal with all complaints competently, diligently and impartially. Many complaints can be resolved quickly and to your satisfaction by discussing your concerns with a member of our staff. If You remain dissatisfied we’ll refer You to our Managing Director who personally handles complaints. You can contact the Managing Director directly at:
Address: The Old Rectory Business Centre, Springhead Road, Northfleet, Kent, DA11 8HN.
Telephone: 0845 680 7217
We will endeavour to respond to your complaint fully and promptly. If We are unable to answer within three days, the Managing Director will send You a standard acknowledgment letter within three business days of receipt of the complaint and will keep You informed at all times. A final response will be sent to You within eight weeks although We will endeavour to respond much sooner. Where appropriate, We will offer redress or remedial action and will enclose a copy of the Financial Ombudsman Service leaflet with our final response.
If You remain dissatisfied with our final response, You can contact the Financial Ombudsman Service.
Post: Financial Ombudsman Service, Exchange Tower, London. E14 9SR
Telephone: 0300 123 9 123 or 0800 023 4567, 8am to 8pm Monday to Friday, and from 9am to 1pm on Saturdays.
More information can be found here:
10. Other Terms
a. We may transfer our rights and obligations under this Agreement. If We do this, We will give You written notice of the transfer.
b. You agree that We are not deemed in breach of this Agreement or otherwise liable if We are prevented or hindered from performing our Commitments by reason of any event beyond our reasonable control.
a. If your Creditors wish to do so, they could continue to apply interest and other charges and continue with, or commence recovery proceedings. In this event, the amount owing to your Creditor will increase.
b. Any debt solution will likely adversely affect your credit rating, particularly in the short term, and it could prove difficult to obtain any form of credit in the medium to long term.
c. In addition to your payments to Creditors, it is important that You keep up your payments to your priority Creditors such as mortgage payments, rent or utility bills.