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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

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 in accordance with clause 14d).

‘You’ means the person or people whose names are listed in the Information Pack.

‘Service’ means the Service We agree to give You as set out in clause 6.

‘Monthly payment plan’ means the Debt Management Plan set up by Us on your behalf under which You will repay your Lenders (as amended from time to time in accordance with this agreement).

‘Information Pack’ means the pack of information We will send to You which will set out important information in relation to your Monthly payment plan, including:
(a) details of your monthly income & expenditure;
(b) debts to be included in your Monthly payment plan;
(c) amount of your Monthly payment;
(d) amount of Service fee;
(e) estimated Period;
(f) estimated Total fees payable over the Period; and
(g) estimated Total amount payable over the Period.

You acknowledge that the estimates We provide are not guaranteed and they may change if your circumstances change, for example as set out in clause 6.

‘Cleared funds’ means:
(a) any cash, postal orders or bankers draft made payable to Us which We have received from You;
(b) any funds received via electronic transfer (such as Standing Order or Direct Debit or card payment) into our bank account or client trust account which have not been returned unpaid;
(c) any cheque received from You and banked by Us, which has not been returned unpaid within 10 days.

‘Disposable income’ means the amount of money You have available to repay to your Lenders each month. This is calculated by Us using the financial information You provide to Us and takes into account your income, living expenses and other necessary financial commitments.

‘Fee Schedule’ means the document accompanying these terms and conditions that details our fees and how they are calculated.

‘Service fee’ means a payment You make to Us in each month of the Period, which is an amount equal to 20% of your Disposable income (subject to a minimum of £40 and a maximum of £100) further details of which are set out in the Fee Schedule.

‘Set-up fee’ means a total amount of £240, which You pay to Us in monthly instalments as illustrated in the Fee Schedule.

‘Total amount’ means the total amount You will pay during the Period of your Monthly payment plan, which includes the debts repaid by You and the Total fees. You will find details about the estimated Total amount in the Information Pack.

‘Total fees’ means the total fees You will pay to Us during the Period of your Monthly payment plan. You will find details about the estimated Total fees in the Information Pack and the Fee Schedule.

‘Monthly payment’ means the amount which you agree to pay to Us in each month of the Period as set out in the Information Pack or as varied in accordance with this agreement at any time. The Monthly payment will include the Set-up fee (where applicable) and the Service fee.

‘Period’ means the duration of your Monthly payment plan. We will provide an estimate of the minimum period it will take You to repay all of your Lenders in full through your Monthly payment plan in the Information Pack, based on the information You provide to Us and assuming that:
(a) your Lenders will freeze all interest, penalties and any other charges which are otherwise payable by You;
(b) You pay each Monthly payment as agreed;
(c) the amount of your Monthly payment isn’t altered during the Period; and
(d) no new Lenders and/or debts are added to your Monthly payment plan.
For more information about the Period and how the estimated Period may change, see clause 2d.

‘Lenders’ means all the organisations and/or people that You have told Us that You owe money to and who are referred to in your Monthly payment plan.

‘Priority Payments’ means your regular household bills such as mortgage payments, rent, secured loans, council tax, car hire purchase payments, utility payments, court fines, income tax, and child support payments, any debt that is, has been or may be subject to formal legal proceedings and any other debts referred to in clause 7d.

‘Retail Prices Index’ means the Retail Prices Index (all items, excluding mortgages) as published by the Office for National Statistics from time to time or failing such publication, such other index as We may reasonably consider to have replaced the Retail Prices Index.

2. Agreement – Your attention is specifically drawn to this clause 2

2a. You have asked Us, and We have agreed, to provide You with a debt repayment service, together with advisory and administration services, as described in these terms and conditions.

2b. The agreement between You and Us and our obligation to provide the Service to You will start once We have received your signed acknowledgment of these terms and conditions and the required supporting documentation, together with your first Monthly payment in full and in Cleared funds.

2c. When You start your Monthly payment plan, You will not be meeting your contractual repayments to your Lenders and You may fall behind (or further behind) with repayments to your Lenders. Unless your Lenders agree to reduce or freeze interest, penalties and any other charges, this will lead to an increase in the Total amount payable by You. This may also affect your credit rating and as a result some or all of your Lenders may issue a default notice. The default will stay on your credit report for 6 years from the default date. You may find it difficult to get credit until You complete your Monthly payment plan and even after that time. Because We issue payments to your Lenders after receiving the Monthly payment from You in full and in Cleared funds, the date that We make payment to your Lenders may not match the date that your contractual payments to your Lenders are due. We cannot guarantee that your Lenders will not charge You interest, penalties and any other charges as a result of this or take legal action. For more information on the effects of starting your Monthly payment plan, please see the brochure enclosed in the Information Pack.

2d. This agreement will continue for the Period unless You end the agreement as set out in clauses 2c or 2d or We end the agreement as set out in clause 9. It is important You understand that the estimated Period set out in the Information Pack will increase if:
(a) We have to reduce your Monthly payment during the Period in line with clauses 4e or 4f; or
(b) your Lenders charge You interest, penalties or any other charges after your Monthly payment plan has started; or
(c) you fail to make a Monthly payment; or
(d) your debt level increases or a debt is added to your Monthly payment plan.

3. What if I change my mind after I have signed?

3a. Under the Financial Services (Distance Marketing) Regulations 2004, You have a “cooling-off” period of fourteen calendar days beginning on the day after the agreement between You and Us starts (as set out in clause 2b), during which You may cancel the agreement by sending written notice by:
(a) post addressed to Baines & Ernst Ltd, Lloyds House, 18-22, Lloyd Street, Manchester M2 5BE;
(b) fax to 0161 216 8465;
(c) electronic mail to customer.services@bainesandernst.com; or
(d) leaving it at 2nd Floor, Lloyds House, 18-22 Lloyd Street, Manchester M2 5BE addressed to Baines & Ernst Limited.

3b. We are unable to accept verbal cancellation instructions. Upon receipt of a written cancellation notice as set out above, this agreement will then be at an end and We will refund to You any fees already paid to Us which We have received in Cleared funds after deducting a charge equal to up to 50% of the first Service fee paid to Us for services already provided by Us prior to receiving your notice of cancellation. Any monies already distributed to your Lenders will not be refunded to You by Us.

3c. Without prejudice to your right to terminate the agreement in the event of a serious breach by Us, You may also end this agreement at any time and for any reason, by giving Us written notice as set out in clause 3a. 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 any fees which You have paid to Us which We have received in Cleared funds.

4. Our responsibility

4a. We will not be responsible for any loss resulting from matters or delays beyond our reasonable control.

4b.. This clause does not affect our liability for death or personal injury resulting from our negligence.

4c. Nothing in this agreement shall affect your legal rights.

5. What You pay – your attention is specifically drawn to this clause 5

5a.. You will pay the Monthly payment into our client trust account each month.

5b. We collect the Set-up fee (where applicable) and the Service fee from the client trust account as set out in clause 9b.. If You do not make your Monthly payment in any given month, We reserve the right to deduct any unpaid fees from the next Monthly payment You make to Us.

5c. We reserve the right to vary the Service fee (including the minimum fee, the maximum fee and the percentage of the Monthly payment used to calculate the Service fee) on 30 June each year. Any increase will be limited to the increase in the Retail Prices Index since the date of the last fee increase or, if there has been no previous increase, the month in which your Monthly payment plan commenced. You will be advised of any changes to the Service fee in your next statement of account. In addition to our right to vary the Service fee as set out in this clause, We may increase the Service fee upon 30 days written notice to You, to cover increases in our operating costs as a result of unforeseeable circumstances, for example, regulatory, governmental or legal requirements.

5d. Unless You have terminated this agreement during the “cooling-off” period as set out in clause 3a, then We are entitled to retain, in full, any fees which You have paid and which We have received in Cleared funds even if your Monthly payment plan does not proceed for any other reason. Any monies already distributed to your Lenders will not be refunded to You by Us.

6. What We will do

6a. By signing and returning the documentation sent to you in the Information Pack, you agree to these terms and conditions. Once We have received the signed documents and your first Monthly payment in full and in Cleared funds, you agree that we will begin providing Our Service to You.

6b. We will contact your Lenders on your behalf and inform them about your financial circumstances and our involvement in your Monthly payment plan, including the fees We will charge. We will make revised offers of payment to your Lenders for the debt(s) You owe. We will also request that Lenders reduce or freeze interest and any other charges and (where appropriate) suspend or withdraw any enforcement proceedings which are related to your debts with them.

6c. Each month, having received the full Monthly payment from You in Cleared funds. We will distribute payments amongst your Lenders, after deducting the Set-up fee (where applicable) and the Service fee, in accordance with your Monthly payment plan. Payments are normally distributed within five working days of receipt unless We are delayed or prevented from doing so by events or circumstances beyond our reasonable control, including where a Lender has failed to provide Us with sufficient account information to enable Us to issue a payment to them.

6d. We will keep You regularly updated with material developments in our dealings with your Lenders.

6e. If at any time during the Period We become aware of a significant change in your circumstances, We will review (and may amend or terminate) your Monthly payment plan on the same basis as set out in clause 6f below.

6f. On or around each anniversary of the start of this agreement, We will contact You to review your Monthly payment plan and ensure the information We hold is up to date. We may also contact your Lenders for an update on your accounts. We will try to identify factors that could help You pay off your debts earlier. If there is an alteration to your Monthly payment, We will send You an updated statement showing the details of your amended Monthly payment plan, the Set-up fee (where applicable), the Service fee and the estimated Period. If We deem it to be appropriate in the circumstances, We may terminate your Monthly payment plan in accordance with clause 11.

6g. In addition to the annual reviews referred to above, at least every six months during the Period, We will also issue a statement of account to You, showing payments made to your Lenders during the relevant period and the outstanding balance of each debt which is included in your Monthly payment plan.

7. What We do not do

7a.We do not:

  1. lend You money or give You any credit facilities;
  2. issue payments to your Lenders without having first received a Monthly payment in Cleared funds from You;
  3. give You legal advice;
  4. issue payments on your behalf in respect of Priority Payments and You must continue to make your usual payments in full towards any such debts and payments.

7b. We cannot guarantee that Lenders will freeze or reduce interest and any other charges. If Lenders continue to add such charges, it will result in an increase in the Total debt and the Period.

7c. We cannot stop your Lenders sending You default notices or taking, or continuing with, any other legal action to recover your debts with them. If a Lender takes or continues with such action, You may have to pay costs which they will add to your debt.

7d. We reserve the right to exclude from your Monthly payment plan unsecured debts that are less than three months old at the time this agreement starts and certain other debts at our reasonable discretion (including but not limited to parking fines, student loans and unpaid TV license fees).

8. What You will do

8a. You must co-operate with Us to make sure that your Monthly payment plan reflects your financial position and You must follow your Monthly payment plan. You agree that You will:
(a) give Us any information We legitimately request relating to your finances or personal circumstances (and You will ensure that such information is accurate and not misleading) including, but not limited to, details of:

  1. your income and expenses;
  2. your dependants;
  3. your assets;
  4. your Lenders and the agreements You have taken out with them;
  5. any mortgages or secured loans You have;
  6. copies of any judgments made against You or any other enforcement action;

(b) make the Monthly payment to Us in full on the date it is due in each month during the Period;
(c) continue making payments under your Monthly payment plan until You have repaid all of your Lenders in full (including interest, charges and penalties which your Lenders may charge after your Monthly payment plan has started);
(d) sign any necessary forms of authority or other documents so that We may carry out our obligations under this agreement;
(e) not ignore correspondence or any other communications from your Lenders or any person acting on behalf of a Lender. You will send us copies of all correspondence and communications (in whatever form) You have with any Lenders;
(f) not spend any money over and above your reasonable living expenses as described in your Monthly payment plan;
(g) not continue to use any existing credit facility, including any credit or charge cards, and not apply for any further credit from any source;
(h) tell Us as soon as possible about any changes in your circumstances which might affect your Disposable income or the viability of your Monthly payment plan;
(i) speak to Us whenever We need to review your Monthly payment plan;
(j) agree to any reasonable and necessary changes to your Monthly payment.

8b. By signing the acknowledgment of these terms and conditions, You:
(a) authorise Us to act on your behalf and speak to and exchange Personal Information with your Lenders or their authorised agents regarding your personal finances and debts (including making arrangements with them in relation to your debts) and Our involvement in your Monthly payment plan;
(b) instruct Us to use the Monthly payments We receive from You to issue payments to your Lenders as described in your Monthly payment plan and Our fees to Us;
(c) confirm that none of the debts You have instructed Us to deal with are Priority Payments; and
(d) agree to provide Us with any requested information and documentation to enable Us to meet our client verification requirements.

9. How We hold your money

9a.. We will hold your Monthly payments on trust for your benefit (less any Set-up fees and Service fees due to Us) in a client trust account with our bank, together with money We hold for our other clients. In the event of our insolvency, all of the money in the client trust account (less any Set-up fees and Service fees due to Us) would be distributed to our clients in line with our legal obligations and in accordance with the requirements of the terms of the trust. Any interest earned on the amount We hold for You in this account will accrue to your benefit.

9b. We will pay your Lenders directly from the money We hold for You in the client trust account. We will only take the Set-up fee (where applicable) and the Service fee from the client trust account when We make payments to your Lenders. Money which We pay to Lenders from the client trust account will not be governed by this trust once the payment is made. Any money held for You in the client trust account, which is not due to Lenders or to Us under this agreement, may be paid to You or to your order through a UK bank account, in your name or (where You hold a joint account) in your name and the name of the other person.

9c. If there is any money which We hold for You in the client trust account and We are for any reason unable to pay it to You in line with these terms, We will write to You to ask for your instructions for payment. If after six years from the date of your last Monthly payment We have not received your instructions, We will write to You to notify You of how these monies have been handled. We will have no further obligation to pay this to You.

9d. We will keep our client trust account records for at least seven years from the date of your last Monthly payment.

10. How You may end this agreement

You have the right to cancel this agreement under clauses 3a and 3c.

11. How We may end this agreement

We may end this agreement by giving You thirty days’ written notice in the following circumstances:
(a) the information You have given to Us turns out to be or We suspect that it is materially incorrect, incomplete, fraudulent or otherwise misleading;
(b) the information You provided at the time of acquiring credit with a Lender was materially incorrect or incomplete or was fraudulent;
(c) You have (or, if ‘You’ includes more than one person, one of You has) a bankruptcy petition issued against You;
(d) You enter (or, if ‘You’ includes more than one person, one of You enters) into an Individual Voluntary Arrangement, Bankruptcy or Debt Relief Order;
(e) You die (or, if ‘You’ includes more than one person, one of you dies);
(f) 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;
(g) You do or fail to do something, which in our reasonable opinion could damage our reputation or otherwise bring Us into disrepute;
(h) You fail to pay in full the first Monthly payment within 30 days of the return to Us of your signed Client Information Form (included in the Information Pack) and supporting documentation;
(i) You fail to make at least one full Monthly payment in any two-month period and/or at least eight full Monthly payments in any 12-month period during which your Monthly payment plan is in place;
(j) You fail in any important way to do what You agree to do in clause 8 above and do not rectify the problem within seven days of Us telling You about it.

12.The effect of ending this agreement

When this agreement ends, our duties and obligations under this agreement will come to an end. We will return any money that We may be holding for You in our client trust account (less any Set-up fees and Service fees due to Us).

13. Other information

13a. If at any time You are not happy with the Service that We have given to 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 Limited, 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. Should the matter not be resolved to your satisfaction, You may refer the matter to the Financial Ombudsman Service (FOS), Exchange Tower, London, E14 9SR or visit http://www.financialombudsman.org.uk or email complaint.info@financial-ombudsman.org.uk

13b 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.

13c. With the exception of a cancellation notice given under clauses 3a and 3c, any notices You serve under this agreement will be valid if sent by first-class post to the address shown in this agreement. We may give any notice to You under this agreement by writing to You at your last address that You have provided to Us. Any such notices shall be deemed to have been served (if sent by first class post) 48 hours after posting. This shall not affect any rights You or We have to give a notice by any other method.

13d. We may subcontract or transfer any or all of our rights and obligations under this agreement to another person, firm or organisation which is licensed to and provides a similar service to the Service provided by Us, subject to your prior consent. You may not act unreasonably by withholding or delaying giving such consent. If We do this, We will write to You to let You know the details.

13e. This agreement shall be governed and construed in line with English law and the courts of England shall have exclusive jurisdiction to settle any dispute or claim which may arise out of or in connection with this agreement.

13f. Baines & Ernst Ltd is registered in England and Wales with company number 03167325. Registered office address 8 St John Street, Manchester, M3 4DU. Authorised and regulated by the Financial Conduct Authority. Reg No. 408014.

14. Data protection statement

14a.. 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.

14b. 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.

14c. 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.

14d. 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.

14e. 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 14f

14f. 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.

14g. 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

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

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