General Collections Terms & Conditions

1. Payment terms are 7 days from receipt of the attached tax invoice from Barclay MIS Protect & Collect Pty Ltd (Barclay MIS).

2. The tax invoice referred to in Clause 1 is referred to as an initial ‘List Fee’. The person or entity named on the tax invoice attached hereto is referred to in these terms and conditions as ‘the Client’.

a. The list fee covers all administration costs in establishing the client file and conduct of the client file, including, but not limited to, access to databases subscribed to by Barclay MIS, all correspondence, emails, telephone calls, company searches (where applicable) and preparation of any court documents considered by Barclay MIS to be necessary in the recovery action.

b. If legal enforcement proceedings are required to enforce the debt, the Client will be responsible for all outlays associated with the enforcement. The client will be invoiced for any Court or Tribunal filing fees, bailiff’s fees, sheriff’s fees, service fees, hearing appearance fees. Until that invoice is paid no documents will be filed in a Court or Tribunal, no instructions will be provided to a Bailiff, Sheriff or Process Server nor will any appearance be undertaken at a Court or Tribunal. Barclay MIS will upon request provide a list of current fees payable in these circumstances, subject to the proviso that these are fees charged by third parties and change from time to time, for which Barclay MIS accepts no responsibility. Subject to Clause 9 hereof the client will not be required to pay any further fee, other than the agreed rate of commission, throughout the debt recovery process.

3. Barclay MIS will upon receipt of the client file and payment of the list fee assess the prospects of recovery. If in the sole discretion of Barclay MIS, it is deemed that the prospects for recovery are not good, Barclay MIS advise the client, accordingly, will close the file and refund the list fee in full to the client.

4. From the date of receiving instructions to commence debt recovery proceedings, Barclay MIS shall be entitled to charge the agreed recovery commission of 22% once any of the following occur:

a. A debt is paid to Barclay MIS’ Account.
b. A debt is paid to a legal representative of Barclay MIS or the client.
c. A debt is paid to the client in any way or to a third party of the client.
d. Goods or stock are received in lieu of payment to Barclay MIS, the client or a third party.
e. Barclay MIS provide remittance from a debtor acknowledging a portion or the whole of the debt has been paid and the client confirms the same. This includes if a debt has been paid prior to Barclay MIS receiving instructions to commence recoveries.
f. account is settled in any way including a ‘contra arrangement’.
g. The client allows commission to be charged.

5. The Client acknowledges that the list fee and the commission are in most instances not recoverable from the debtor. Some commercial debts may be subject to signed terms and conditions which allow for the recovery of collection fees by a commercial agent, in which case, Barclay MIS will attempt to recover the list fee and commission as part of the debt collection process.

6. No commission shall be charged by Barclay MIS if no money is collected. The only exception to this is clause 4. (a) to (g). If money is collected on a ‘payment plan’, Barclay MIS shall remit payments to the Client monthly (circa the 15th of each month) to the Client’s nominated bank account once a payment balance of $100.00 has been received from the debtor. This payment shall be nett of the agreed commission and any fees outstanding to be paid to Barclay MIS.

7. The client agrees that the debt will be assigned to Barclay MIS for the purpose of taking whatever action Barclay MIS deems necessary for the recovery of the debt.

8. The client acknowledges that should a payment arrangement or settlement be reached in any way; Barclay MIS are entitled to keep carriage of the said account.

9. Should the client wish to terminate this agreement then full recovery commission of 22% will be charged.

10. Where the debt falls within the Minor Debt or Small Debts jurisdiction of any court or Tribunal, Barclay MIS will assist the client in the preparation of the necessary application, filing of same and service on the debtor as per clause 2 b. If the matter becomes contested and a hearing date is allocated the client acknowledges that he/she/it will be required to attend that hearing as no representation is permitted in the minor debt/small debts jurisdiction of Courts or Tribunals.

11. Written authority from the client shall be obtained before commencing with legal action in courts of higher jurisdiction. Barclay MIS shall engage solicitors on the client’s behalf and the client is responsible for the costs of those solicitors. Barclay MIS shall provide the client with a quotation for the work. There is no obligation for the client to commence with legal action or engage with the solicitors referred to by Barclay MIS.

12. The Client acknowledges that Barclay MIS have an expertise in debt collection procedures and will be guided by Barclay MIS in payment arrangements and settlements which may be proposed by debtors.

13. The signing of the Appointment of a Commercial Agent form or (Terms and Conditions) , represents the acknowledgement and acceptance of these Terms & Conditions.