Click here to find your solution today

These are important. You should read them carefully to make sure You are happy with them. If there is anything You do not understand You should seek advice. The agreement between You and Us is made on the following terms and conditions.

Terms and Conditions

Debt Management Plan Terms and Conditions

This document sets out in terms what we say we will do for you when we manage your unsecured debt problems and what you need to do during your plan to ensure that it runs properly. If there is anything contained within this document that you do not understand, or if you would like to discuss matters further or have something explained to you, then you should contact us as soon as possible.

 

What we will do for you during your plan:

  1. We will carry out a full assessment of your personal circumstances and your financial situation.
  2. Based on the conclusion of this assessment, which is reliant upon the information that you supply to us, we will identify solutions which may lead to the resolution of your financial issues and we will advise you which of those we feel could be the best for you, the aim of doing this is to enable you to make an informed decision about which is the most suitable solution for your circumstances.
  3. We will communicate with your creditors and ask them to deal with us on your behalf. We will also ask them to freeze the interest on your account and to suspend collections or legal activity. We will also ask them to stop charging you any additional charges. We cannot guarantee that creditors will do this but often they will whilst payments are being made to them.
  4. When you make your monthly payment to us we will keep this money in a separate client bank account that is safeguarded by an insurance policy which protects the money in it. When you pay your agreed monthly payment to us, we will send this money to your creditors usually within 5 working days of receiving it. The monies that we send to your creditors, will be the amount that we account for taking into consideration our fees, but we will not take our fees until we have made a distribution to your creditors. If you pay us weekly or twice monthly or an amount that is not equal to your monthly disposable income, we will hold this money until we have amassed an amount of money which is equal to your monthly disposable income. As such we will not pay the money to your creditors until we have amassed a full monthly disposable income amount.
  5. During the course of time when we act on your behalf you may ask us to negotiate with creditors in order to achieve a full and final settlement of one or all of your debt. In those circumstances we may need to hold your money in our client account for longer than 5 working days. By signing this document, you are consenting to the fact that we can hold your money for longer than the 5-day period.

 

What you are expected to do throughout the duration of your plan:

  1. Make your monthly agreed payment to MPG on the date we agree with you. If you fail to make a weekly/monthly payment to us, then we cannot make a payment to your Creditors and we reserve the right to issue to you a Notice of Termination of the agreement. In such circumstances any agreements and/or concessions that we have agreed with your Creditors are liable to lapse. As this is not in your best interests, if you believe that you cannot make your payment on the agreed date then you should contact us without delay so that we can advise you of what steps you and we can take in such circumstances. If we have to send you a Notice of Termination, then we will at the same time inform your Creditors that we can no longer act on your behalf.
  2. Inform MPG as soon as possible if your personal circumstances and financial situation changes for the better or worse.
  3. Respond as soon as possible to MPG when we send you any letter, texts, emails or telephone calls, as we may need to discuss important information relating to your debt management plan.
  4. Cooperate with us when we need to carry out your annual review, and make sure that you make yourself available for your annual review which will normally take about an hour of your time each year.

 

Our Fees

  1. As we are a commercial entity we will charge you a fee for the work that we do on your behalf. The fees that we will charge will have been communicated to you over the telephone during your initial assessment and in writing.
  2. In relation to the work that we carry out on your behalf and the fees that we charge you, we will only be liable to refund fees, if you cancel the contract within 14 days of taking it out. This is called the “Cooling Off” period. The 14 days that make up the “Cooling Off” period will commence with the date that our agreement commences which will be the date that you requested us to begin carrying out our service for you.

 

Our Regulatory Position

  1. We are authorised and regulated by the Financial Conduct Authority. You can check our permissions on the Financial Services Register on the FCA website.

 

Termination

  1. You can terminate this contract at any time. There is no notice period required to do so. There is no termination fee chargeable by us for doing so. If in the unlikely event that we are still holding money of yours at this point we will refund this to you unless we are already in the process of paying it to your creditors.
  2. We will have the right to terminate this contract if you fail to cooperate with us in the setting up of your plan, in relation to the operation of it or with the annual review that we must carry out. In addition, we will have the right to cancel this contract if we identify that the information that you have given us is false. Where we intend to terminate your plan we will not do so until we have given you 30 days’ written notice. By written notice we mean either the sending of a letter to you or an email, sent to an email address that we hold for you which does not return an undeliverable message back to us.

 

Personal data and data protection

  1. We will process your data in accordance with the Data Protection Act 1998 and other associated legislation which we must comply with.
  2. There may be occasions when we believe that it would benefit you to be contacted by a 3rd party company that sits outside of our group or another company within our group. By signing these terms and conditions you are accepting that we can pass your information onto such an entity. If you would prefer that we do not then please inform us of this
  3. You have the right to see any personal data that we hold about you. If you would like to see a copy of this information then please submit a Data Subject Access Request to our office address, for the attention of the Compliance department, enclosing the required fee of £10.

 

06022017162501

Individual Voluntary Arrangement (IVA) Terms and Conditions

The agreement between You and Us is made on the following terms and conditions.

1. Definition of terms

‘We, Us’ means Baines and Ernst Limited (or anyone to whom We transfer, subcontract or assign our rights and obligations under this agreement).

‘You’ means the person or people whose names are listed below.

‘IVA Advisory Service’ means the services We provide to You in connection with your proposed IVA as further defined in clause 3

‘Insolvency Practitioner’ means the licensed Insolvency Practitioner We introduce You to in line with clause 3a.

‘Lenders’ mean all the organisations or people, or both, You have told Us You owe money to.

‘Disposable Income’ means the amount of money You have available to repay your Lenders each month having taken account of your income, your reasonable living expenses and any other financial commitments, including payments to secured Lenders. This is calculated from the financial information that You provided to Us in the application process.

‘IVA Advisory Service Fee’ means the amount You will pay to Us in order for Us to commence the IVA Advisory Service and being an amount equal to one month’s Disposable Income based on information You provide to Us in the application process. It will be used to cover our costs in assessing and analysing your financial position in order to advise on the most appropriate option to deal with your particular situation. The IVA Advisory Service Fee is retained by Us and will not be allocated towards your IVA or paid to your Lenders.

2. Agreement

2a You have asked Us, and We have agreed to introduce You to an Insolvency Practitioner.

2b This agreement will commence on the date We receive these terms of business signed by You and payment instruction for the IVA Advisory Service Fee. However, pursuant to Clause 9, this agreement may be cancelled by You or Us.

2c. We do not have to provide the IVA Advisory Service to You unless You have signed and returned a copy of these terms of business; returned the required supporting documentation; and paid the IVA Advisory Service Fee.

3. What we do

3a. We will assemble all of the information You provide into a financial review and determine the most appropriate solution for your particular needs. We will discuss all of the relevant options with You and deal with any concerns You may have regarding the IVA process. We will then introduce your case to a licensed Insolvency Practitioner of our choice. Once introduced to the Insolvency Practitioner, your case will be progressed by him/her and he/she will liaise with You and your Lenders as relevant in order to prepare your IVA proposal.

3b. We will ask You to pass to Us (or to any person / company / Insolvency Practitioner that We nominate) copies of all correspondence You have received from your Lenders and to let Us know about any dealings You may have with these Lenders. Using this information, your Insolvency Practitioner will work on your behalf.

3c. If, for whatever reason, You do not enter into an IVA, We may refer other services to You.

4. What we do not do

4a. We do not lend You money or give You any credit facilities.

4b. We do not give You legal advice.

4c. We do not issue payments to your Lenders as part of the IVA Advisory Service.

4d. We do not give You advice on how to, or contact, your Lenders in order to restructure your debts, change your debt repayments, or settle your debts early.

5. What you will do – Your attention is specifically drawn to this clause 5

5a. You agree to co-operate fully with Us and follow our reasonable instructions so that We can provide the IVA Advisory Service to You.

5b. You agree to refrain from taking out or procuring the advance of further credit from whatever source, or entering into any kind of credit agreement during the IVA and IVA Advisory Service.

5c. You agree to sign any necessary forms of authority or other documents so that We may carry out our obligations under this agreement.

5d. You will promptly supply Us with copies of all correspondence You have received from your Lenders and let Us know about any direct dealings You may have with your Lenders if requested to do so.

5e. So that We may inform the Insolvency Practitioner on your behalf, You will provide Us with any information which We may legitimately request relating to your finances or personal circumstances.

5f. You will endeavour to ensure that all information You provide to Us is, to the best of your knowledge, accurate and not misleading. Such information will include, but will not be limited to, details of your income and expenses, the number of dependants together with details of any assets You own; details of your Lenders including any mortgages or secured loans You have; information of any judgments made or pending against You; and any other enforcement action.

5g. You agree not to ignore correspondence or any other communications from your Lenders or any person acting on behalf of a Lender.

5h. You must make sure that You continue to make your usual payments in full towards any mortgage or other secured loans, rent, utility bills, council tax payments, court fines, income tax and child support payments. However, We will take these payments into account when We work out your Disposable Income.

5i. You must inform Us as soon as reasonably practicable about any changes in your finances or personal circumstances as this may impact on your Disposable Income and the viability of an IVA Proposal.

5j. By signing these terms of business, You authorise Us to liaise and exchange personal information with the Insolvency Practitioner introduced by Us so that We may provide the IVA Advisory Service to You as detailed in Clause 11.

5k. So that We may properly instruct the Insolvency Practitioner on your behalf, We may need to contact your Lenders in order to obtain further information about You. By signing these terms of business, You authorise Us to contact your Lenders or their authorised agents in order to obtain this Information.

5l. You agree to provide Us with the necessary information and documentation to enable Us to ensure that our legal verification requirements are met. We take no responsibility for any delay in providing You with our service where such verification remains outstanding.

5m. You accept that the IVA Advisory Service Fee will be retained by Us and will be in addition to any payments You may be required to make towards your IVA (which will be notified to You in writing by the Insolvency Practitioner). Because the IVA Advisory Service Fee is retained by Us, You accept that, unless You continue to make payments to your Lenders prior to your IVA being accepted by your Lenders, that You may fall behind (or further behind) with your Lenders. Unless your Lenders agree to reduce or freeze interest and other charges, this will lead to an increase in the total amount owed and may further affect your credit rating.

5n. Based solely on the initial information You have provided to Us, We will calculate the estimated monthly contribution (Disposable Income) You will be expected to pay towards your IVA. This figure may change if You later provide Us or the Insolvency Practitioner with more detailed information about your financial circumstances which affects the accuracy of information You have already provided to Us and / or following agreement with the Insolvency Practitioner. You acknowledge that the provision of materially inaccurate or misleading information may lead to your IVA Proposal being rejected.

6. What if I change my mind after I have signed these Terms of Business?

6a. Under the Consumer Protection (Distance Marketing) Regulations 2000, You have a ‘cooling-off’ period. During the period of 14 calendar days beginning on the day after We receive this signed Form, You may cancel the IVA Advisory Service by sending written notice to Baines and Ernst Ltd., Lloyds House, 18/22 Lloyd Street, Manchester M2 5BE; by Faxing Us on 0161 216 8465; or by emailing customer.services@ bainesandernst.com. This agreement will then be at an end and We will refund to You, in full, all monies which You have paid to Us and which have cleared through our bank account. Please note We are unable to accept verbal cancellation instructions.

6b. You may also end this agreement at any time and for any reason by giving Us two weeks written notice as per the details given in 6a. If You provide Us with written notice to cancel outside of the ‘cooling-off’ period this agreement will then be at an end. However, We will be entitled to retain in full the IVA Advisory Service Fee, which You have paid and which has cleared through our bank account.

7 Fees and costs – Your attention is specifically drawn to this clause 7

7a. Unless You have terminated this agreement during the ‘cooling-off’ period as set out in Clause 6a, We are entitled to retain, in full, the IVA Advisory Service Fee which You have paid and which has cleared through our bank account, even if your IVA does not proceed for any reason.

8. Our responsibility

8a We will provide the IVA Advisory Service with reasonable care and skill, but We cannot guarantee the result of the IVA Advisory Service or guarantee that your IVA proposal will be accepted by your Lenders.

8b. The Insolvency Practitioner’s professional advice will be independent at all times and as such We do not accept responsibility for anything your Insolvency Practitioner does or fails to do.

8c. We will not be responsible for any loss resulting from matters or delays which happen for reasons beyond our reasonable control.

8d. This clause does not affect our liability for death or personal injury resulting from our negligence. Nothing in this agreement affects your legal rights.

9. How this agreement comes to an end

9a. Subject to clause 6, this agreement may be terminated by You at any time by giving two weeks’ written notice.

9b. Furthermore, We may terminate this agreement by giving You thirty days written notice in the event of the following:

1 If You fail in any important way to do what You agree to do in clause 5 above within 14 days of Us telling You about it.
2 If the information You have given Us is in any material way incorrect, fraudulent or otherwise misleading.
3 If We cannot perform our obligations under this agreement because of something beyond our reasonable control. In this case, We will do everything We reasonably can to let You know as soon as possible.
4 You do or fail to do something which in our reasonable opinion could damage our reputation or that of your Insolvency Practitioner or otherwise bring Us or your Insolvency Practitioner into disrepute.

9c In any event this agreement will come to an end when an Insolvency Practitioner has accepted your case to be put forward to your Lenders.

10. Other information

10a. If at any time You are not happy with the service that We have given You, please telephone the business area You usually deal with in order to explain your concerns. If You want to write to us please send your complaint to: Complaints Department, Baines and Ernst Ltd, Lloyds House, 18 – 22 Lloyd Street, Manchester. M2 5BE.

A copy of our Internal Complaints Procedure is also available upon request from the contact details given above. Using our Internal Complaints Procedure will not affect your legal rights. We are subject to the jurisdiction of the Financial Ombudsman Service (FOS).

10b. You should keep copies of all documents that You send to Us as We carry out all our work on computer-scanned document images to improve our efficiency.

10c. We may subcontract or transfer any or all of our obligations under this agreement to another person, firm or organisation which is licensed and provides a similar service to that provided by Us. If We do this, We will write to You to let You know the details.

10d. This agreement shall be governed and construed in line with English law and the courts of England shall have exclusive jurisdiction to settle any disputes which may arise out of or in connection with this Agreement.

10e. Baines & Ernst Ltd is registered in England and Wales. Reg No. 03167325. Registered office address: 8 St. John Street, Manchester, M3 4DU. Baines & Ernst is authorised and regulated by the Financial Conduct Authority. Reg No. 408014.

11. Data protection statement

11a. We will collect information about You and your financial and personal circumstances (“Personal Information”) when you apply for our Service and from your lenders as authorised by You, and as part of our ongoing Service requirements. We know how important it is to protect your Personal Information and any such information We hold will be subject to the appropriate legal safeguards under the Data Protection Act 1998. Your Personal Information and data relating to the terms of your Monthly payment plan will only be shared with your Lenders (or their authorised agents) and such third parties (including other companies within our group or any subcontractors, persons, firms or organisations to whom we subcontract or transfer our rights and obligations to) under this agreement. We may also transfer your data to countries outside of the European Economic Area for the purposes of providing our Service to You.

11b. We will not share your Personal Information with anyone else without your express permission, except where required by law, in accordance with a court order, at the request of the government or law enforcement agency, or to any company or other entity to whom we either transfer our rights and obligations to under this agreement.

11c. We may communicate with You by post, telephone, fax, email or SMS text using the contact details that You have provided as consented to by You in order for us to provide the Monthly payment plan service to You. You may withdraw or amend this consent at any time.

11d. With your express and informed consent, we may use your Personal Information to identify and provide You with details of other products and services which We or our associated companies, or an approved third party deem could be of interest to You. With your consent, we may also pass your details to other businesses so that they can contact You with offers of goods or services that You might be interested in.

11e. You may withdraw any aspect of your informed consent at any time by contacting our Customer Service Team on 0330 100 6200 or writing to Us as explained in Clause

11f. You may ask Us for a copy of the information We hold about You. Please note that in accordance with the Data Protection Act 1998 We may charge You a maximum fee of £10.00 for this request. You may also ask Us to amend your Personal Information if it is inaccurate. Please send requests in writing to: Data Protection Manager, Baines & Ernst Limited, Lloyds House, 18-22 Lloyd Street, Manchester, M2 5BE.

11g. We may change our privacy policy from time to time (details of which can be found on our website www.bainesandernst.co.uk.) We may record and monitor calls for service quality.

201601

Protected Trust Deed Terms and Conditions

The agreement between You and Us is made on the following terms and conditions.

1. Definition of terms

‘We, Us’ means Baines and Ernst Limited (or anyone to whom We transfer, subcontract or assign our rights and obligations under this agreement).

‘You’ means the person or people whose names are listed below.

‘PTD Advisory Service’ means the services We provide to You in connection with your proposed PTD as further defined in clause 3

‘Insolvency Practitioner’ means the licensed Insolvency Practitioner We introduce You to in line with clause 3a.

‘Lenders’ mean all the organisations or people, or both, You have told Us You owe money to.

‘Disposable Income’ means the amount of money You have available to repay your Lenders each month having taken account of your income, your reasonable living expenses and any other financial commitments, including payments to secured Lenders. This is calculated from the financial information that You provided to Us in the application process.

‘PTD Advisory Service Fee’ means the amount You will pay to Us in order for Us to commence the PTD Advisory Service and being an amount equal to one month’s Disposable Income based on information You provide to Us in the application process. It will be used to cover our costs in assessing and analysing your financial position in order to advise on the most appropriate option to deal with your particular situation. The PTD Advisory Service Fee is retained by Us and will not be allocated towards your PTD or paid to your Lenders.

2. Agreement

2a You have asked Us, and We have agreed to introduce You to an Insolvency Practitioner.

2b This agreement will commence on the date We receive these terms of business signed by You and payment instruction for the PTD Advisory Service Fee. However, pursuant to Clause 9, this agreement may be cancelled by You or Us.

2c. We do not have to provide the PTD Advisory Service to You unless You have signed and returned a copy of these terms of business; returned the required supporting documentation; and paid the PTD Advisory Service Fee.

3. What we do

3a. We will assemble all of the information You provide into a financial review and determine the most appropriate solution for your particular needs. We will discuss all of the relevant options with You and deal with any concerns You may have regarding the PTD process. We will then introduce your case to a licensed Insolvency Practitioner of our choice. Once introduced to the Insolvency Practitioner, your case will be progressed by him/her and he/she will liaise with You and your Lenders as relevant in order to prepare your PTD proposal.

3b. We will ask You to pass to Us (or to any person / company / Insolvency Practitioner that We nominate) copies of all correspondence You have received from your Lenders and to let Us know about any dealings You may have with these Lenders. Using this information, your Insolvency Practitioner will work on your behalf.

3c. If, for whatever reason, You do not enter into a Trust Deed, We may refer other services to You.

4. What we do not do

4a. We do not lend You money or give You any credit facilities.

4b. We do not give You legal advice.

4c. We do not issue payments to your Lenders as part of the PTD Advisory Service.

4d. We do not give You advice on how to, or contact, your Lenders in order to restructure your debts, change your debt repayments, or settle your debts early.

5. What you will do – Your attention is specifically drawn to this clause 5

5a. You agree to co-operate fully with Us and follow our reasonable instructions so that We can provide the PTD Advisory Service to You.

5b. You agree to refrain from taking out or procuring the advance of further credit from whatever source, or entering into any kind of credit agreement during the PTD and PTD Advisory Service.

5c. You agree to sign any necessary forms of authority or other documents so that We may carry out our obligations under this agreement.

5d. You will promptly supply Us with copies of all correspondence You have received from your Lenders and let Us know about any direct dealings You may have with your Lenders if requested to do so.

5e. So that We may inform the Insolvency Practitioner on your behalf, You will provide Us with any information which We may legitimately request relating to your finances or personal circumstances.

5f. You will endeavour to ensure that all information You provide to Us is, to the best of your knowledge, accurate and not misleading. Such information will include, but will not be limited to, details of your income and expenses, the number of dependants together with details of any assets You own; details of your Lenders including any mortgages or secured loans You have; information of any judgments made or pending against You; and any other enforcement action.

5g. You agree not to ignore correspondence or any other communications from your Lenders or any person acting on behalf of a Lender.

5h. You must make sure that You continue to make your usual payments in full towards any mortgage or other secured loans, rent, utility bills, council tax payments, court fines, income tax and child support payments. However, We will take these payments into account when We work out your Disposable Income.

5i. You must inform Us as soon as reasonably practicable about any changes in your finances or personal circumstances as this may impact on your Disposable Income and the viability of an PTD Proposal.

5j. By signing these terms of business, You authorise Us to liaise and exchange personal information with the Insolvency Practitioner introduced by Us so that We may provide the PTD Advisory Service to You as detailed in Clause 11.

5k. So that We may properly instruct the Insolvency Practitioner on your behalf, We may need to contact your Lenders in order to obtain further information about You. By signing these terms of business, You authorise Us to contact your Lenders or their authorised agents in order to obtain this Information.

5l. You agree to provide Us with the necessary information and documentation to enable Us to ensure that our legal verification requirements are met. We take no responsibility for any delay in providing You with our service where such verification remains outstanding.

5m. You accept that the PTD Advisory Service Fee will be retained by Us and will be in addition to any payments You may be required to make towards your PTD (which will be notified to You in writing by the Insolvency Practitioner). Because the PTD Advisory Service Fee is retained by Us, You accept that, unless You continue to make payments to your Lenders prior to your PTD being accepted by your Lenders, that You may fall behind (or further behind) with your Lenders. Unless your Lenders agree to reduce or freeze interest and other charges, this will lead to an increase in the total amount owed and may further affect your credit rating.

5n. Based solely on the initial information You have provided to Us, We will calculate the estimated monthly contribution (Disposable Income) You will be expected to pay towards your PTD. This figure may change if You later provide Us or the Insolvency Practitioner with more detailed information about your financial circumstances which affects the accuracy of information You have already provided to Us and / or following agreement with the Insolvency Practitioner. You acknowledge that the provision of materially inaccurate or misleading information may lead to your PTD Proposal being rejected.

6. What if I change my mind after I have signed these Terms of Business?

6a. Under the Consumer Protection (Distance Marketing) Regulations 2000, You have a ‘cooling-off’ period. During the period of 14 calendar days beginning on the day after We receive this signed Form, You may cancel the PTD Advisory Service by sending written notice to Baines and Ernst Ltd., Lloyds House, 18/22 Lloyd Street, Manchester M2 5BE; by Faxing Us on 0161 216 8465; or by emailing customer.services@ bainesandernst.com. This agreement will then be at an end and We will refund to You, in full, all monies which You have paid to Us and which have cleared through our bank account. Please note We are unable to accept verbal cancellation instructions.

6b. You may also end this agreement at any time and for any reason by giving Us two weeks written notice as per the details given in 6a. If You provide Us with written notice to cancel outside of the ‘cooling-off’ period this agreement will then be at an end. However, We will be entitled to retain in full the PTD Advisory Service Fee, which You have paid and which has cleared through our bank account.

7 Fees and costs – Your attention is specifically drawn to this clause 7

7a. Unless You have terminated this agreement during the ‘cooling-off’ period as set out in Clause 6a, We are entitled to retain, in full, the PTD Advisory Service Fee which You have paid and which has cleared through our bank account, even if your PTD does not proceed for any reason.

8. Our responsibility

8a We will provide the PTD Advisory Service with reasonable care and skill, but We cannot guarantee the result of the PTD Advisory Service or guarantee that your PTD proposal will be accepted by your Lenders.

8b. The Insolvency Practitioner’s professional advice will be independent at all times and as such We do not accept responsibility for anything your Insolvency Practitioner does or fails to do.

8c. We will not be responsible for any loss resulting from matters or delays which happen for reasons beyond our reasonable control.

8d. This clause does not affect our liability for death or personal injury resulting from our negligence. Nothing in this agreement affects your legal rights.

9. How this agreement comes to an end

9a. Subject to clause 6, this agreement may be terminated by You at any time by giving two weeks’ written notice.

9b. Furthermore, We may terminate this agreement by giving You thirty days written notice in the event of the following:

1 If You fail in any important way to do what You agree to do in clause 5 above within 14 days of Us telling You about it.
2 If the information You have given Us is in any material way incorrect, fraudulent or otherwise misleading.
3 If We cannot perform our obligations under this agreement because of something beyond our reasonable control. In this case, We will do everything We reasonably can to let You know as soon as possible.
4 You do or fail to do something which in our reasonable opinion could damage our reputation or that of your Insolvency Practitioner or otherwise bring Us or your Insolvency Practitioner into disrepute.

9c In any event this agreement will come to an end when an Insolvency Practitioner has accepted your case to be put forward to your Lenders.

10. Other information

10a. If at any time You are not happy with the service that We have given You, please telephone the business area You usually deal with in order to explain your concerns. If You want to write to us please send your complaint to: Complaints Department, Baines and Ernst Ltd, Lloyds House, 18 – 22 Lloyd Street, Manchester. M2 5BE.
A copy of our Internal Complaints Procedure is also available upon request from the contact details given above. Using our Internal Complaints Procedure will not affect your legal rights. We are subject to the jurisdiction of the Financial Ombudsman Service (FOS).

10b. You should keep copies of all documents that You send to Us as We carry out all our work on computer-scanned document images to improve our efficiency.

10c. We may subcontract or transfer any or all of our obligations under this agreement to another person, firm or organisation which is licensed and provides a similar service to that provided by Us. If We do this, We will write to You to let You know the details.

10d. This agreement shall be governed and construed in line with English law and the courts of England shall have exclusive jurisdiction to settle any disputes which may arise out of or in connection with this Agreement.

10e. Baines & Ernst Ltd is registered in England and Wales. Reg No. 03167325. Registered office address: 8 St. John Street, Manchester, M3 4DU. Baines & Ernst is authorised and regulated by the Financial Conduct Authority. Reg No. 408014.

11. Data protection statement

11a. We will collect information about You and your financial and personal circumstances (“Personal Information”) when you apply for our Service and from your lenders as authorised by You, and as part of our ongoing Service requirements. We know how important it is to protect your Personal Information and any such information We hold will be subject to the appropriate legal safeguards under the Data Protection Act 1998. Your Personal Information and data relating to the terms of your Monthly payment plan will only be shared with your Lenders (or their authorised agents) and such third parties (including other companies within our group or any subcontractors, persons, firms or organisations to whom we subcontract or transfer our rights and obligations to) under this agreement. We may also transfer your data to countries outside of the European Economic Area for the purposes of providing our Service to You.

11b. We will not share your Personal Information with anyone else without your express permission, except where required by law, in accordance with a court order, at the request of the government or law enforcement agency, or to any company or other entity to whom we either transfer our rights and obligations to under this agreement.

11c. We may communicate with You by post, telephone, fax, email or SMS text using the contact details that You have provided as consented to by You in order for us to provide the Monthly payment plan service to You. You may withdraw or amend this consent at any time.

11d. With your express and informed consent, we may use your Personal Information to identify and provide You with details of other products and services which We or our associated companies, or an approved third party deem could be of interest to You. With your consent, we may also pass your details to other businesses so that they can contact You with offers of goods or services that You might be interested in.

11e. You may withdraw any aspect of your informed consent at any time by contacting our Customer Service Team on 0330 100 6200 or writing to Us as explained in Clause 11f.

11f. You may ask Us for a copy of the information We hold about You. Please note that in accordance with the Data Protection Act 1998 We may charge You a maximum fee of £10.00 for this request. You may also ask Us to amend your Personal Information if it is inaccurate. Please send requests in writing to: Data Protection Manager, Baines & Ernst Limited, Lloyds House, 18-22 Lloyd Street, Manchester, M2 5BE.

11g. We may change our privacy policy from time to time (details of which can be found on our website www.bainesandernst.co.uk.) We may record and monitor calls for service quality.

201601

Bankruptcy Terms and Conditions

The agreement between You and Us is made on the following terms and conditions.

1. Definition of terms

‘We, Us’ means Baines and Ernst Limited (or anyone to whom We transfer, subcontract or assign our rights and obligations under this agreement).

‘You’ means the person or people whose names are listed below.

‘Bankruptcy Support Service’ means the administration service We provide to You in connection with your petition for your own bankruptcy further defined in clause 3

‘Lenders’ mean all the organisations or people, or both, You have told Us You owe money to.

‘Bankruptcy Petition’ means the legal process by which you apply to the court for your bankruptcy, or by which the lenders will request that you are made bankrupt. The completion of the necessary documentation and confirmation of the supporting documents required is included in the Bankruptcy Support Service We provide you with.

‘Service Fee’ means the amount You will pay to Us in order for Us to provide the Bankruptcy Support Service. It will be used to cover our costs in assessing and analysing your financial position in order to advise on the most appropriate option to deal with your particular situation, and providing the administration service in connection with your Petition for your own bankruptcy. The Service Fee is retained by Us and will not be allocated towards your bankruptcy or paid to your Lenders.

2. Agreement

2a Following your informed decision to Petition for your own bankruptcy, You have asked Us and We have agreed to provide You with the Bankruptcy Support Service.

2b This agreement will commence on the date We receive these terms of business signed by You and payment instructions for the Service Fee. However, pursuant to Clause 9, this agreement may be cancelled by You or Us.

2c. We do not have to provide the Bankruptcy Support Service to You unless You have signed and returned a copy of these terms of business; returned the required supporting documentation; and paid the Service Fee.

3. What we do

3a. We will assemble all of the information You provide into a financial review and determine the most appropriate solution for your particular needs. We will discuss all of the relevant options with You and deal with any concerns You may have regarding the bankruptcy process.

3b. We will use the personal information You provide to complete all of the necessary documentation which will enable You to Petition for your own bankruptcy.

3c. We will provide You with instructions on how to file your bankruptcy papers in court and provide You with ongoing support for a period of one calendar year via our bankruptcy support line.

3d. We will provide You with your own dedicated Bankruptcy Consultant who will guide You through the bankruptcy process, step by step, and assist You with your documentation and court booking.

3e. At your specific request and based on the information You have provided to Us, We will contact all of your Lenders to advise them of your intention to Petition for your own bankruptcy.

4. What we do not do

4a. We do not lend You money or give You any credit facilities.

4b. We do not issue payments to your Lenders or the courts as part of the Bankruptcy Support Service.

4c. We will not check or otherwise verify the accuracy of any of the information You provide to Us. It is your own responsibility to provide accurate information and You acknowledge that the provision of inaccurate or misleading information may cause your Petition to fail.

4d. We will not contact any of your Lenders to check the balances You owe, or the legal status of any of your debts.

4e. We do not submit your Petition and statement of affairs to the court. This will be your responsibility. We will inform You how to do this.

4f. We do not guarantee that your Petition will be successful and You acknowledge that any decision to accept or reject your Petition is entirely at the discretion of the courts.

4g. We do not provide You with any legal representation in court.

4h. We do not provide You with legal advice or advise You on the merits of proceeding with a Petition. If You are uncertain as to whether bankruptcy is suitable for You, you are strongly advised to seek independent legal advice.

5. What you will do – Your attention is specifically drawn to this clause 5

5a. You agree to co-operate fully with Us and follow our reasonable instructions so that We can provide the Bankruptcy Support Service to You.

5b. You agree to refrain from taking out or procuring the advance of further credit from whatever source, or entering into any kind of credit agreement during the Bankruptcy Support Service.

5c. You agree to sign any necessary forms of authority or other documents so that We may carry out our obligations under this agreement.

5d. You will promptly supply Us with any relevant, accurate and complete information which We may legitimately request to enable Us to provide the Bankruptcy Support Service to You. You will endeavour to ensure that all information You provide to Us is accurate and not misleading to the best of your knowledge.

5e. Prior to submitting your Petition to the court, You will take such steps as are necessary to identify whether any declaration of your bankruptcy would have a detrimental effect on your employment, livelihood and / or professional status.

5f. You agree not to ignore correspondence or any other contact from your Lenders or any person acting on behalf of a Lender, and inform Us of any such communication You receive.

5g. You agree to inform Us immediately of any changes in your financial or personal circumstances which may affect the accuracy of any information we may use during the Bankruptcy Support Service or your Petition to the court.

5h. By signing these terms of business, You authorise Us where required to liaise and exchange personal information with your Lenders so that We may provide the Bankruptcy Support Service to You.

5i. On your specific instruction, We may advise your Lenders of your intention to Petition for bankruptcy using your personal information as per clause 5h. You acknowledge that once your Lenders are advised of your intention to Petition for bankruptcy, that (depending upon your specific agreements with each Lender) they may opt to freeze any accounts that You may hold with them.

5j. You acknowledge that the provision of inaccurate or misleading or fraudulent information to Us during the Bankruptcy Support Service for use in your Petition may lead to your Petition being rejected or amended, or further action / restrictions being taken against You.

5k. You agree to provide Us with the necessary information and documents to enable Us to ensure that our legal verification requirements are met. We take no responsibility for any delay in providing our service to You where such verification is outstanding.

5l. You accept that the Service Fee will be retained by Us and will be in addition to the costs required by the Court for your Petition and any associated administration of your bankruptcy. You agree that You are solely liable for the payment of your court fees and that at no time will Baines & Ernst hold such monies in trust for this purpose.

5m. During the Bankruptcy Support Service and payment of your Service Fee, You accept that, unless You continue to make payments to your Lenders prior to your Petition being accepted by the court, that You may fall behind (or further behind) with your Lenders. Unless your Lenders agree to reduce or freeze interest and other charges, this will lead to an increase in the total amount owed and may further affect your credit rating.

6. What if I change my mind after I have signed these Terms of Business?

6a. Under the Consumer Protection (Distance Marketing) Regulations 2000, You have a ‘cooling-off’ period. During the period of 14 calendar days beginning on the day after We receive this signed Form, You may cancel the Bankruptcy Support Service by sending written notice to Baines and Ernst Ltd., Lloyds House, 18/22 Lloyd Street, Manchester M2 5BE; by Faxing Us on 0161 216 8465; or by emailing bankruptcy@ bainesandernst.com. This agreement will then be at an end and We will refund to You, in full, all monies which You have paid to Us and which have cleared through our bank account. Please note We are unable to accept verbal cancellation instructions.

6b. You may also end this agreement at any time and for any reason by giving Us two weeks written notice as per the details given in 6a. If You provide Us with written notice to cancel outside of the ‘cooling-off’ period this agreement will then be at an end. However, We will be entitled to retain in full the Service Fee, which You have paid and which has cleared through our bank account.

7 Fees and costs – Your attention is specifically drawn to this clause 7

7a. Unless You have terminated this agreement during the ‘cooling-off’ period as set out in Clause 6a, We are entitled to retain, in full, the Service Fee which You have paid and which has cleared through our bank account, even if your Petition does not proceed for any reason.

7b. By signing these terms of business, You agree to Us providing You with the Bankruptcy Support Service and You agree to pay the Service Fee, details of which are provided to You in writing. You acknowledge that the payment and saving of the fees payable to the courts for your Petition is your sole responsibility.

8. Restriction and limitation of liability

8a We will provide the Bankruptcy Support Service with reasonable care and skill, but We cannot guarantee that your Petition will be accepted by the court.

8b. We will not be responsible for any loss resulting from matters or delays which happen for reasons beyond our reasonable control.

8c. This clause does not affect our liability for death or personal injury resulting from our negligence.

8d. Nothing in this agreement shall affect your legal rights.

9. How this agreement comes to an end

9a. Subject to clause 6, this agreement may be terminated by You at any time by giving two weeks’ written notice.

9b. Furthermore, We may terminate this agreement by giving You thirty days written notice in the event of the following:

1 If You fail in any important way to do what You agree to do in clause 5 above within 14 days of Us telling You about it.
2 If the information You have given Us is in any material way incorrect, fraudulent or otherwise misleading.
3 If We cannot perform our obligations under this agreement because of something beyond our reasonable control. In this case, We will do everything We reasonably can to let You know as soon as possible.
4 You do or fail to do something which in our reasonable opinion could damage our reputation or otherwise bring Us into disrepute.

9c In any event this agreement will come to an end twelve (12) months from the date that your Petition is accepted at the court.

10. Other information

10a. If at any time You are not happy with the service that We have given You, please telephone the business area You usually deal with in order to explain your concerns. If You want to write to us please send your complaint to: Complaints Department, Baines and Ernst Ltd, Lloyds House, 18 – 22 Lloyd Street, Manchester. M2 5BE.

A copy of our Internal Complaints Procedure is also available upon request from the contact details given above. Using our Internal Complaints Procedure will not affect your legal rights. If the matter is not resolved to your satisfaction, You may refer the matter to the Financial Ombudsman Service (FOS) Exchange Tower, London E14 9SR, email complaint.info@ financial-ombudsman.org.uk or visit www.financialombudsman.org.uk

10b. You should keep copies of all documents that You send to Us as We carry out all our work on computer-scanned document images to improve our efficiency.

10c. We may subcontract or transfer any or all of our obligations under this agreement to another person, firm or organisation which is licensed and provides a similar service to that provided by Us. If We do this, We will write to You to let You know the details.

10d. This agreement shall be governed and construed in line with English law and the courts of England shall have exclusive jurisdiction to settle any disputes which may arise out of or in connection with this Agreement.

10e. Baines & Ernst Ltd is registered in England and Wales. Reg No. 03167325. Registered office address: 8 St. John Street, Manchester, M3 4DU. Baines & Ernst is authorised and regulated by the Financial Conduct Authority. Reg No. 408014.

11. Data protection statement

11a. We will collect information about You and your financial and personal circumstances (“Personal Information”) when you apply for our Service and from your lenders as authorised by You, and as part of our ongoing Service requirements. We know how important it is to protect your Personal Information and any such information We hold will be subject to the appropriate legal safeguards under the Data Protection Act 1998. Your Personal Information and data relating to the terms of your Monthly payment plan will only be shared with your Lenders (or their authorised agents) and such third parties (including other companies within our group or any subcontractors, persons, firms or organisations to whom we subcontract or transfer our rights and obligations to) under this agreement. We may also transfer your data to countries outside of the European Economic Area for the purposes of providing our Service to You.

11b. We will not share your Personal Information with anyone else without your express permission, except where required by law, in accordance with a court order, at the request of the government or law enforcement agency, or to any company or other entity to whom we either transfer our rights and obligations to under this agreement.

11c. We may communicate with You by post, telephone, fax, email or SMS text using the contact details that You have provided as consented to by You in order for us to provide the Monthly payment plan service to You. You may withdraw or amend this consent at any time.

11d. With your express and informed consent, we may use your Personal Information to identify and provide You with details of other products and services which We or our associated companies, or an approved third party deem could be of interest to You. With your consent, we may also pass your details to other businesses so that they can contact You with offers of goods or services that You might be interested in.

11e. You may withdraw any aspect of your informed consent at any time by contacting our Customer Service Team on 0330 100 6200 or writing to Us as explained in Clause 11f.

11f. You may ask Us for a copy of the information We hold about You. Please note that in accordance with the Data Protection Act 1998 We may charge You a maximum fee of £10.00 for this request. You may also ask Us to amend your Personal Information if it is inaccurate. Please send requests in writing to: Data Protection Manager, Baines & Ernst Limited, Lloyds House, 18-22 Lloyd Street, Manchester, M2 5BE.

11g. We may change our privacy policy from time to time (details of which can be found on our website www.bainesandernst.co.uk.) We may record and monitor calls for service quality.

201601

Find the right solution

Answer a few simple questions and we'll help you find your solution.
  • Total unsecured debt: £500

  • This field is for validation purposes and should be left unchanged.

Find the right solution

Answer a few simple questions and we'll help you find your solution.
  • Total unsecured debt: £500

  • This field is for validation purposes and should be left unchanged.

Debt advice you
can trust...

Debt Advice You Can Trust
We are committed to providing the highest standard of service to our customers and helping them find their way out of debt with the most appropriate debt solution.

Money Advice Service

You can get free debt advice from the Money Advice Service – an organisation set up by the Government to offer free and impartial advice to those in debt. Click here for more information.