Terms & Conditions – Bankruptcy Assistance Service

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Last updated 6th April 2016

The Wilmott Turner Financial Services (Wilmott Turner) Bankruptcy Assistance service is provided directly by Wilmott Turner. The contract terms and conditions which apply to this service are as follows:

1. DEFINITIONS

1.1 ”The Company” means Wilmott Turner Financial Services Ltd whose registered office is at 74 Willowbrook Road, Southall, Middlesex with all correspondence to be sent to: 116 Springfield Road, Windsor, Berkshire. SL4 3PS.

1.2 “The Client” means the person named on the Wilmott Turner Letter of Engagement.

1.3 “The Creditors” means the creditors of the Client as disclosed to the Company by the client in accordance with clause 5.
1.4 “The Fee” means the fee to he paid to the Company in accordance with clause 6 for the provision of the Services.

1.5 “The Services“ means the services to be provided by the Company to the Client in accordance with clauses 4&5.

2. REGULATION

2.1 The Company is regulated by the Financial Conduct Authority (FCA). You can access the FCA website at www.fca.org.uk

2.2 The Company provides various forms of debt advice to consumers in the UK. Being regulated by the FCA the company is obliged to comply at all times with the Principles for Business (PRIN) as laid down by the FCA (including the obligation to try to treat customers fairly).

2.3 The Company is an Affiliate Member of DEMSA (Debt Managers Standards Association) and as such adheres to the code of conduct as laid down by that body which can be viewed here: DEMSA Code of Conduct.

3. DATA PROTECTION

3.1 The Company will ensure it will at all times comply with the provisions and obligations imposed by the Data Protection Act 1998.

3.2 The Company will hold and process the Client’s personal data after having taken appropriate technical and organisational measures to guard against unauthorised and unlawful processing of this data and against accidental loss or destruction of or damage to it.

3.3 The Company will in all cases process the Client’s personal data only as authorised by and on instruction from the Client. The personal data will not be transferred in any manner to any person not authorised by the Client.

3.4 The Client’s data may also be disclosed to a recognised auditing/regulatory body as part of periodic audits performed on the Company in order to demonstrate compliance with the relevant regulatory guidance.

4. WHAT WE WILL DO

4.1 The Company will analyse the details of the Client’s income, outgoings, assets and creditors as are provided to the Company in accordance with clause 5.1, and shall estimate the Client’s disposable income in accordance with these supplied details (the amount that the Client can afford to pay per month towards their unsecured debts having taken account of the Client’s income, priority debts and reasonable living expenses).

4.2 The Company will discuss with the Client the merits and drawbacks of the different debt solutions available including an Individual Voluntary Arrangement (IVA) a Debt Management Plan (DMP), a Debt Relief Order (DRO) and Bankruptcy.

4.3 If the Client decides to go Bankrupt and use the services provided by the Company then following the return of the Client’s signed Service Agreement and payment of the appropriate Fee the Company will complete the required on-line Bankruptcy application on the Client’s behalf during a telephone meeting.

4.4 The completed application will be available to review via the Government’s on-line system. This cannot be submitted until the Client has paid their on-line Bankruptcy Application Fee.

4.5 The living expenditure budget indicated in the Bankruptcy application must be approved by the Official Receiver and as such any Income Payment estimated by the Company is subject to change.

4.6 Via telephone the Company will prepare the Client for their interview with the Official Receiver.

4.7 During the period the Client remains Bankrupt the Company will endeavour to continue to provide support and advice to the Client on the telephone where reasonably possible. However the Company is not contractually obliged to provide this support.

4.8 The Company will not provide substantive legal advice to the Client but will endeavour to provide assistance wherever possible.

5. WHAT YOU WILL DO

5.1 The Client shall provide the Company with full, accurate and honest details as to their personal financial situation including their income, outgoings, assets and creditors.

5.2 The Client will formally instruct the Company to provide the agreed services by signing the Company’s Letter of Engagement.

5.3 The Client agrees to pay the Fee charged by the Company in accordance with clause 6.

5.4 The Client will provide the Company with the information reasonably required to complete the Client’s on-line Bankruptcy application.

5.5 On Instructing the Company the Client will stop all further use of credit cards or other sources of unsecured credit and will endeavour not to incur any further unsecured debts as far as is reasonably possible.

6. PAYMENT OF FEES

6.1 The Client agrees to pay the Company the fee as agreed in writing in the Company’s Letter of Engagement.

6.2 The agreed Fee will be paid in advance of the Company providing the Services as detailed in Clause 4.

6.3 If having paid a fee to Wilmott Turner it subsequently comes to light that the advice provided to The Client was incorrect and Bankruptcy is not the most appropriate solution for The Client then a refund of the fee paid will be given in full and the option to start a more suitable solution discussed.

7. CANCELLATION

7.1 The Client may cancel this agreement within 14 days of signing the Company’s Letter of Engagement by informing the Company by letter, email or telephone of this intention.

7.2 Under these circumstances the Company will refund to the Client the Fee paid to the Company unless the Client has already received their Bankruptcy Statement of Affairs documentation completed by the Company. In these circumstances no refund will be paid.

7.3 The client may cancel this agreement with immediate effect at any time after 14 days of signing the Company’s Letter of Engagement by informing the Company by letter, email or telephone of this intention. However under these circumstances there will be no refund of the fee paid.

8. COMPLAINTS

8.1 Complaints about the service or advice that the Client receives from the Company may be made in person, by telephone, by e-mail, or by letter to the Company’s correspondence address: 116, Springfield Road, Windsor, Berkshire. SL4 3PS.

8.2 The Company will acknowledge the complaint by letter within 5 business days. The Company will complete its investigation and resolve the complaint within 8 weeks of receiving the complaint.

8.3 Should the Client not be satisfied with the response they can refer their complaint to the Financial Ombudsman service. A full copy of the Company’s complaints policy can be requested at any time or viewed here: http://www.wilmottturner.com/complaints

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