Terms & Conditions
Definitions:
“Us” and “We” means Whittaker Bell Limited, and any subsidiary companies, whose registered address is Centrix @ Keys, Keys Business Village, Keys Park Road, Hednesford, WS12 2HA or anyone to whom We transfer our obligations and rights under this Agreement.
“You” means you, the person entering into this Agreement named in the Payment Plan.
“Agreement” means the agreement between You and Us made mainly on these Terms & Conditions.
“Cleared Funds” means any cash, postal orders or banker’s drafts made payable to Us which We have received from You; any monies which We have received into our bank account or Client Account from You by electronic transfer (such as by standing order, direct debit or bank giro credit transfer) and which have not been returned unpaid within four working days, and/or any cheques which We have received from You which have not been returned unpaid within seven working days.
“Client Account” means the account where any monies held on behalf of our clients are kept and which is not used for the purpose of our own business.
“Creditors” means all of the people or businesses You have told Us You owe money to and who are included in your Payment Plan.
“Fees” means the Initial Fee and the subsequent Monthly Fee.
“Initial Fee” means £299 or any lower amount that We should accept paid as your first two Monthly Payments, which is paid by You to Us.  This represents our fee for establishing your arrangement, and therefore is not distributed to your Creditors.
”Monthly Fee” means the monthly fee payable for our Services. This is an amount equal to £5 per Creditor of your Monthly Payment (apart from your first two Monthly Payments which is the Initial Fee), subject to a minimum amount of £25.
“Monthly Payment” means the total amount which is paid every month by You to Us throughout the Payment Plan.
“Monthly Repayment” means the part of the Monthly Payment to be paid by Us on your behalf to your Creditors, minus the Monthly Fee.
“Payment Plan” means the programme of Monthly Payments by which You repay your Creditors through Us and pay for our Services, prepared by Us based on the information provided by You, as revised from time to time.
“Services” means the services We agree to provide You with under this Agreement.
“Terms & Conditions” means these terms and conditions of business.
Our Agreement
You appoint Us to act on your behalf to provide the Services as described within these terms. The Agreement will commence on confirmation of your acceptance of these Terms & Conditions. You will be deemed to have accepted the Terms & Conditions when You sign, return and We receive the Authority to Act form authorising Us to act on your behalf.
What We will do:
Commence work on your behalf on receipt of the Initial Fee
Act only for You (We will not act for your Creditors) and provide the Services (using our acquired expertise of dealing with Creditors) with reasonable skill and within a reasonable time
Use our best endeavours to negotiate an arrangement with your Creditors.  Creditors are not obliged to accept reduced payments or to freeze interest and/or charges and fees and, unless they do so, repaying the same debt over a longer period of time will increase the total amount to be repaid
Make distributions to your Creditors so soon as is practical following receipt Cleared Funds from You. The normal time to make distributions is within 5 working days of receipt of your subsequent Monthly Payments. We will not make payments to your Creditors when You have not paid Us.  Where You make a part payment to Us We may make a reduced payment to your Creditors
Keep your payments and your money in a separate Client Account
Take our Monthly Fee out of the payments received from You
What You will do:
Complete the financial statement and provide full disclosure in relation to the information and assist Us by supplying information and instructions to Us to enable Us to carry out what We will do under the Agreement
Inform Us if Your financial situation changes so that We can update your financial statement
Make the Monthly Payment
Only include unsecured debts (debts that are not secured against a property, vehicle or other assets/s) in your arrangement unless informing Us prior to commencing your Agreement
Maintain in full all payments on debts outside the arrangement, including all secured debts or hire purchase agreements
Provide a complete list of all unsecured consumer credit debts to be included on the Payment Plan
You and We agree:
This Agreement and the accompanying information constitutes the entire Agreement between Us supplied to You by Us which We agree fairly represents the Services which We will supply to You
We are not retained by You for the purposes of giving legal advice and We will not give legal advice to You. Any advice which may incidentally be given to You during the carrying out of the Services should not be relied upon by You
This Agreement will automatically terminate without liability on You or Us when: (i) We do not receive any payments (or communication regarding missed payments) from You within two months of such falling due and/or (ii) We give You notice that We no longer act for You and/or (iii) You give Us notice by telephone or letter that our Agreement is terminated.
We shall not negotiate an arrangement with your Creditors until You have paid in full the Initial Fee.
Your Right to Cancel:
You have a right to cancel our Agreement at any time during the first seven days.  You can write to Us at the address above or call Us.  Either party may cancel your Agreement at any time.  You may call or write to Us to cancel the Agreement.  We will write to You and give You at least four week’s notice.  We will then refund You any Fees paid to Us that are Cleared Funds.  We will not refund any payments that have already been paid to your Creditors.
Data Protection Statement
We collect and hold personal information about You both directly from You and from your Creditors during the management of your Plan.  We share your data with our Group and related companies, or to any company or entity We either transfer or subcontract any or all of our obligations to You under this Agreement.  We will disclose your personal information to the extent required by law.
We will use your personal information to provide our Services to You.  We may also use your personal information to provide You with details of products and services that We think may be of interest to You, including those offered by selected third parties.  We may share personal information with these selected third parties and they may contact You directly to provide You with details of products and services.
You may contact Us for further information, if You want to request a copy of the personal information that We hold, or to request Us to amend any inaccurate information that We hold about You, at any time by writing to the Data Protection Officer at our address.