Terms & Conditions

Terms of business

On placement of an instruction with Ernest Brodie Credit Management Consultants (Ernest Brodie CMC), you consent that you are aware and adhere to our standard ‘Terms of Business’ and the fees associated.  All accounts will be handled professionally with the reputation of our Client and the integrity of our business at the core of our services.

Detailed below are our standard ‘Terms of Business’ that apply to all instructions unless otherwise agreed in writing.

        1. Ernest Brodie CMC specialise in the improvement of cash flow for Clients, services include Outsourced Credit Control, Debt Collection/Disputed Debt Resolution, Tracing Investigations, Sheriff Officers/Bailiff Investigations, Pre-Litigation and Legal Proceedings
        2. The primary goal in all instructions is to secure our Client’s principal sum, during the collection process, all negotiations regarding the principal sum, interest, compensation or costs are undertaken in partnership with you, the Client
        3. On placement of a debtor ledger/debt, Ernest Brodie CMC are permitted to collect these monies on behalf of the Client. This will be a binding agreement between both parties
        4. All debts are actioned within 1hour of receipt, within business operating hours, the Client is responsible for the supply of accurate and genuine information on placement of an account
        5. Applicable Fee Charges:
          • Instructions will be subject to our ‘Standard Fee’ unless an agreed fee has been confirmed prior to commencement, whilst every effort is made by Ernest Brodie CMC to recover outstanding monies on behalf of the Client, no guarantee can be made that such money will be recovered. Our fee is calculated from the oldest outstanding invoice date, subject to VAT and payment required 7 days from date of invoice
          • The Client must provide details of any dispute in advance, withholding known disputes will only hinder the collection process and may jeopardise the likelihood of recovery. Clients are required to address all disputes prior to collection.  Where a case is disputed and withdrawn before we have resolved; or withdrawn before we believe we have worked to a point of no success, an admin fee of £250 will be charged
          • From time to time a debtor will attempt to engage with the Client after our appointment. Clients can either refer the debtor back to Ernest Brodie CMC to communicate directly, alternatively if the Client is to engage in negotiations, we must be informed of all discussions and any agreement reached.  The fee agreed at the outset will apply in full if an agreement is reached between Client and Debtor
          • Our fee will apply to any payment recovered, settlement agreed, products/equipment returned or exchanged as part of a contra agreement, missed/unallocated or wrongly posted payments. Thus, includes payments received during company closure i.e. public holidays
          • A minimum fee charge of £100 + vat will apply to all UK & Eire debts, unless otherwise agreed in writing. An international retainer of £250 + vat will be charged with a minimum fee of £250 + vat for all international debts
          • If a debt is withdrawn early by the Client, during active collection, our full fee agreed at the outset will apply
        6. Payments made by the Debtor can be paid directly to our Client or to Ernest Brodie CMC directly, on clearance of paid funds to Ernest Brodie CMC a direct payment transfer will be made to the Client. Ernest Brodie CMC have the right to deduct any fee charges due
        7. When necessary, a Debtor will have the option to repay by instalments on authorisation by our Client, instalment payments will be charged on the first payment received and the reminder of the fee once sufficient funds have been collected to merit part or all of the remaining fee charge
        8. Ernest Brodie CMC will make every effort to secure in addition to the principal debt value applicable interest or late payment charges, if we are unable to secure payment of all related late payment fees, it has no significance on the fee rightfully due to Ernest Brodie CMC. When claiming costs from the debtor, it is important to note that the VAT element of any fees cannot be claimed
        9. Where we are required to appoint our vetted suppliers to progress your debt to the next stage, costs will be confirmed upfront and prompt payment requested
        10. On appointing legal proceedings with one of our nominated Solicitors, all costs incurred during Court Action will be the responsibility of the Client and not Ernest Brodie CMC. Ernest Brodie CMC will remain involved during the Court Action process and a fee of 7% applied to all funds secured as a result of Court Action
        11. We do not permit the use of Ernest Brodie CMC name on any correspondence issued by our Client prior to our appointment, should we identify the use of our name on non-placement accounts, a penalty fee of £30 + vat will apply