Debt Collection Submission Form

Welcome to Oriel Collections – Trusted Debt Collection Agency for Transport Exchange Group

We are authorised and regulated by the Financial Conduct Authority for accounts formed under the Consumer Credit Act 1974 (amended 2006) . We will attempt to collect your debt(s) fairly in line with our professional and ethical standards. This will involve the use letters, telephone calls, email and sms messages to secure payment of the money owed to you.
Our commission for this service is 20% of all monies recovered.

We will add this to your debt balance and attempt to recover it from the debtor company. If they pay the debt and charges, the money will be paid directly to your bank account.

You must inform us immediately by email to client.services@orielcollections.co.uk quoting your company/name and the amount paid. We will then invoice you our commission plus vat. If the charges are not paid, our commission will still be due on all monies you actually receive.
For example, if you ask us to recover £1000.00 we will add £200.00 (20%) to the balance and attempt recovery. If you are paid £1200.00, your commission invoice will be for £240.00 (20% of £200.00 plus vat). If you are only paid £1000.00, your commission invoice will also be for £240.00 as it is based on the amount of debt money actually recovered.

Our terms are 14 days. Please pay your commission by BACS transfer to the following bank account. We reserve the right to charge interest at 4% above Bank of England base rates on a daily basis on any unpaid amounts outside terms.

Account Name : Oriel Collections Ltd
Bank Name : Yorkshire Bank
Account No: 68070242
Sort Code: 05-00-24

Please always quote your company/name when making payment

No commission is due if we cannot collect your debt or if you instruct us to close the account because an error has occurred and the money is not actually due. If you don’t, however, inform us payment has been made and we obtain proof of payment from the debtor company, we will invoice our commission to you immediately as of the date you received payment and apply interest if the invoice date is outside our 14-day terms.

If we cannot collect your debt or part of it, we can instigate legal action on your behalf. We will contact you to discuss this and the fees involved if we have not collected your debt within 60 days (can vary according to account activity). We will assume that where viable, you would like us to take legal action against the customer(s) although it will always ultimately be your decision. If you do not want legal action ever to be considered on an uncollected debt we have worked on for you, please tick this box
Box

Our Terms and Conditions (To proceed we need you to agree to these at the bottom of the page)
Definitions

“Applicable Laws” shall mean all applicable laws, statutes, regulations and codes from time to time in force.

“Charges” shall mean amounts due to Oriel or its legal partners

“Commission” shall mean the amount chargeable by Oriel to the Client for amounts due from the Customer that have been collected by Oriel.

“Client Materials” shall mean all documents, information, items and materials in any form, whether owned by the Client or a third party, which are provided by the Client to Oriel in connection with the services.

“Controller”, “Processor”, “Data Subject”, “Personal Data”, “Personal Data Breach”, “processing” and “appropriate technical and organisational measures” shall mean as defined in the Data Protection Legislation.

“Customer” shall mean the Client’s customer.

“Data Protection Legislation” the UK Data Protection Legislation and any other European Union legislation relating to personal data and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of Personal Data (including, without limitation, the privacy of electronic communications).

“Deliverables” shall mean any output of the services to be provided by Oriel to the Client.
“Fees” shall mean Oriel charges or any charges made by its legal partners that are not classed as Commission.

“Intellectual Property Rights” shall mean patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

“Payment Plan” shall mean the payment plan agreed by a Customer and Oriel.

“Supply Agreement” shall mean the existing agreement between the Client and the Customer

“UK Data Protection Legislation” shall mean all applicable data protection and privacy legislation in force from time to time in the UK including the General Data Protection Regulation ((EU) 2016/679); the Data Protection Act 2018; the Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended.

“VAT” shall mean value added tax.

“Working Day” shall mean a day, other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.
Services

Collection: recovering payments of accounts (including, but not limited to, invoices, fees and charges) due to the Client, from a customer.
Tracing: investigating and discovering the location of Customers.

Legal Proceedings: implementing legal solutions via Oriel’s legal partners to recover accounts due to the Client, should Collection services have been unsuccessful and such action has been authorised by the Client as detailed in Oriel’s Litigation Services Guide.

Authorised Activity

The Client will provide a list of its authorised personnel with whom Oriel may deal with in relation to the Services.

The Client authorises Oriel to act on its behalf in delivering the Services.

The Client warrants that they are either the original creditor or have the contractual right given by the original creditor to refer the debt(s) to Oriel for collection.

Payment Plans are the responsibility of Oriel to agree, administer and maintain on behalf of the Client in accordance with Oriel’s professional responsibilities.

The Client understands that, where a Payment Plan is being managed by Oriel, no alternative arrangements can be made with Customers regarding payment and, that if any such arrangements are made, then the Oriel shall not be responsible for any complaints made to them, the Client or to third parties.

Reduced settlements of accounts will only be agreed by Oriel with the Customer after authorisation from the Client. Any accounts settled in this manner will be highlighted to the Client to allow accurate reconciliation
Oriel will engage with vulnerable customers in-line with its most recent policies and procedures informed by best practice and the regulatory bodies such as the FCA.

Oriel Collections Ltd may make use of collections’ agents based in South Africa. Such agents operate under the Oriel Collections brand

The Client agrees to respond to all Oriel queries within 48 hours.

Payments and invoicing

Any payment made directly to the Client in consideration of a debt placed by the Client with Oriel will be considered to be a successful recovery by Oriel and will be subject to Commission at the agreed rate. If a debt has been placed with Oriel and payment is made within 24 hours of placement directly to the Client, no Commission will be due. If payment is made to Oriel, full commission will be due. If payment is found to have been made directly to the Client prior to the placement and notification of this is made by the Client to Oriel within 24 hours of placement, no Commission will be due. However, full commission is due where any notifications are made by the Client to Oriel later than 24 hours following placement, once payment details have been provided and verified.

Oriel will raise invoices for commission at the advised rate as soon as payment of the debt has been confirmed by the Client. All invoices are subject to value added tax at the prevailing rate.
The Client also warrants that they will advise Oriel of all amounts of an account paid directly to themselves that Oriel are managing within 24 hours of receipt so that Oriel can adjust their records. The Client understands that where such payment notifications are not made and Oriel obtain proof of payment, invoices for commission will be dated on the day payment was made and will attract late payment interest at 4% above bank of England base rates charged on a daily basis.

Closing Accounts
If the Client requests that Oriel closes an account following one or more payments, Oriel shall invoice Commission for the full amount referred to them, unless the Client confirms in writing that the balance they are requesting closure for has been officially written off their Sales Ledger account. If the Client requests to manage an account paying by instalment, Oriel will confirm amounts as they are received and raise Commission invoices accordingly. If the Client requests an account be closed as any third party has agreed to pay the account or is considering paying the account, full Commission is payable upon a closure request.

If no payment has been made, any individual accounts requested to be closed by the Client to Oriel whilst services are being supplied will attract no closure fee. However if any payment is found to have been made on an account after closure, Oriel shall be entitled to invoice for commission on the whole balance referred to them whilst the services are being supplied.
If a balance on an account is requested to be amended, Commission shall only be payable on collected amounts representing the amended balance, but if it is later confirmed that a greater amount was paid to the Client, Oriel shall be entitled to Commission on the difference between the original and amended amounts. Conversely, Oriel will credit any Commission paid on amounts later found not to have been received by the Client directly, if such amounts have previously been advised as having been received.

Regulated Activities
Oriel Collections Limited (Oriel) is regulated by the Financial Conduct Authority for accounts formed under the Consumer Credit Act 1974 (amended 2006).

Oriel’s activities and processes are executed in accordance with the FCA’s principles of business.

Cancellation

The Client or Oriel has the right to cancel or withdraw from the agreed Services at any time and request that no further action be taken in connection with the Customer. However, if the Oriel cancels the agreed services they can agree to work all accounts currently in process to the end of the Collection Service process before closing, unless the Client directs otherwise.
Notice of cancellation must be made in writing and addressed to Oriel or the Client by email to the main contact address.

If the Client requests cancellation and no further action taken, all funds at the Collection and Litigation stages collected up to, and 3 months after the date of cancellation by the Client will be claimed as successful collection by Oriel and Commission will be claimed at the agreed rate. The Client will also be liable for fixed costs claimed by Oriel’s solicitors in connection with any accounts at the Litigation stage that have not been recovered from the Customer, unless permission is given for the Solicitors to continue legal action on these accounts.

All accounts will be closed and a report detailing accounts by name, amount paid and balance to pay will be forwarded to the Client together with all funds collected and due for transfer. Oriel reserve the right to charge out any subsequent requests for administrative tasks at their applicable hourly rate which can be advised on request.

Oriel also reserve the right, with reasonable notice in writing, to audit the internal records of the Client’s accounts passed to them for collection to verify and agree closing balances, up to three months from the date the Client requests cancellation.

Complaints Management

Any complaints from Customers relating to the Services, will be handled in accordance with Oriel’s Complaints Procedure, a copy of which is available on the company’s website.
Complaints from the Client in relation to the Services should be directed to Oriel’s Client Relationship Manager; in the event that the outcome is not to the satisfaction of the Client, the complaint should be escalated to Oriel’s Operations Director.

Oriel ensure that all complaints are responded to and handled professionally in line with the Financial Conduct Authority’s guidelines.
Oriel undertakes that its employees will take reasonable steps to ensure that the reputation and brand of the Client is protected at all times.
Insurance

The Company will maintain an appropriate level of professional indemnity insurance whilst services are being supplied. The current limit of liability is £5 million per claim.

Data Protection
Both parties will comply with all applicable requirements of the Data Protection Legislation. The provisions in this section are in addition to, and does not relieve, remove or replace, a party’s obligations or rights under the Data Protection Legislation. In this section, Applicable Laws means (for so long as and to the extent that they apply to Oriel) the law of the European Union, the law of any member state of the European Union and/or Domestic UK Law; and Domestic UK Law means the UK Data Protection Legislation and any other law that applies in the UK.

The parties acknowledge that for the purposes of the Data Protection Legislation, the Client and/or Customer is the Controller and Oriel is the Processor.

Without prejudice to the generality of the first paragraph of this section, the Client will ensure that it has established all appropriate lawful bases in order to enable lawful transfer of the Personal Data to Oriel and/or lawful collection of the Personal Data by Oriel on behalf of the Client for the duration and purposes of this agreement.

Without prejudice to the generality of the first paragraph of this section, Oriel shall, in relation to any Personal Data processed in connection with the performance by Oriel of its obligations under this agreement:

a) process that Personal Data only on the documented written instructions of the Client or the Customer unless Oriel is required by Applicable Laws to otherwise process that Personal Data. Where Oriel is relying on Applicable Laws as the basis for processing Personal Data, Oriel shall promptly notify the Client of this before performing the processing required by the Applicable Laws unless those Applicable Laws prohibit Oriel from so notifying the Client;
b) ensure that it has in place appropriate technical and organisational measures, reviewed and approved by the Client, to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymising and encrypting Personal Data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to Personal Data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by it);
c) ensure that all personnel who have access to and/or process Personal Data are obliged to keep the Personal Data confidential; and
d) not transfer any Personal Data outside of the European Economic Area unless the following conditions are fulfilled:

i. the Client or Oriel has provided appropriate safeguards in relation to the transfer;

ii. the data subject has enforceable rights and effective legal remedies;

iii. Oriel complies with its obligations under the Data Protection Legislation by providing an adequate level of protection to any Personal Data that is transferred; and

iv. Oriel complies with reasonable instructions notified to it in advance by the Client or the Customer with respect to the processing of the Personal Data;

e) assist the Client, at the Client’s cost, in responding to any request from a Data Subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;

f) notify the Client without undue delay on becoming aware of a Personal Data Breach;

g) at the written direction of the Client, delete or return Personal Data and copies thereof to the Client on termination of the agreement unless required by Applicable Law to store the Personal Data; and

h) maintain complete and accurate records and information to demonstrate its compliance with this section and allow for audits by the Client or the Client’s designated auditor and immediately inform the Client if, in the opinion of Oriel, an instruction infringes the Data Protection Legislation.

The Client does not consent to Oriel appointing any third party processor of Personal Data under this agreement unless otherwise confirmed by the Client in writing.

Intellectual Property
In relation to the Deliverables:
a) Oriel and its licensors shall retain ownership of all Intellectual Property Rights in the Deliverables, excluding the Client Materials;
b) Oriel grants the Client, or shall procure the direct grant to the Client of, a fully paid-up, worldwide, non-exclusive, royalty-free licence during the term of this agreement to copy and modify the Deliverables (excluding the Client Materials) for the purpose of receiving and using the Services and the Deliverables in its business; and
c) the Client shall not sub-license, assign or otherwise transfer the rights granted in this section.

In relation to the Customer Materials, the Client:
a) and its licensors shall retain ownership of all Intellectual Property Rights in the Client Materials; and
b) grants Oriel a fully paid-up, non-exclusive, royalty-free, non-transferable licence to copy and modify the Client Materials for the term of this agreement for the purpose of providing the services to the Client.
The Client:
a) warrants that the receipt and use of the Client Materials in the performance of this Agreement by Oriel, its agents, subcontractors or consultants shall not infringe the rights, including any Intellectual Property Rights, of any third; and
b) shall indemnify Oriel in full against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by Oriel arising out of or in connection with any claim brought against Oriel, its agents, subcontractors or consultants for actual or alleged infringement of a third party’s Intellectual Property Rights arising out of, or in connection with, the receipt or use in the performance of this Agreement of the Client Materials.

Choice of Law and Jurisdiction
This SLA is governed by English Law and, in the event of a dispute, the Client and Oriel submit to the exclusive jurisdiction of the Courts of England.

Money Laundering Regulations
Prior to commencing the Services, Oriel will complete due diligence checks in order to satisfy the requirements of money laundering legislation.

Identification checks will be undertaken on every Client and, where the Client is an incorporated business, its directors. Checks will include, but are not limited to, inspecting identity documents of an individual and verifying address/residency (including a search at Companies House/ an address check or identity using credit bureau data).

Online Data Security
The Client will be offered access to the Company’s Client Portal for the purposes of viewing actions the Company have taken on accounts sent to them by the Client and for issuing further instructions and uploading new accounts for the Company to work. Access is limited to Users the Client has notified to Oriel as authorised Users. The Client is responsible for its Users password security at all times and Oriel cannot be held responsible for any unauthorised access to the Client’s accounts by current Users, past Users or unauthorised Users using password security supplied to authorised Users advised by the Client or any consequences of such unauthorised access. These terms and conditions relate generally to the data the Client controls and has sent Oriel to process, but specifically to such data that, in processing, Oriel have made additions and/or amendments to and, to which the Client can view via the Client Portal.

Limitation of Liability
All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this SLA. In providing any contractual documentation to the Client including any Contract Addendum, Oriel is not providing legal advice for any particular circumstances. Oriel shall not under any circumstances whatever be liable for any loss of profits, loss or corruption of data or information, or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses. Oriel’s total liability in respect of all other losses arising under or in connection with this SLA, whether in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise shall be limited to the fees paid by the Client to Oriel in the 12 months preceding the event giving rise to a claim. Nothing in this SLA shall limit or exclude Oriel’s liability for death or personal injury caused by its negligence, fraud or fraudulent misrepresentation or any other matter for which it would be illegal for Oriel to attempt to exclude its liability.