Terms and Conditions of Business

TBSM Collections+ Ltd

These Terms and Conditions (“Terms”) apply to the debt collection and commercial debt recovery services provided by TBSM Collections+ Ltd (“TBSM Collections+”, “we”, “us” or “our”).

For the purposes of these Terms, “Client” means the company, business, partnership, organisation or other legal or business entity that instructs TBSM Collections+ to recover a debt on its behalf. Where an individual submits or instructs a debt on behalf of a Client, that individual is acting as an authorised representative of the Client and is not personally the Client solely by reason of submitting the instruction, unless expressly agreed otherwise in writing.

By submitting a debt through the TBSM Collections+ online debt submission portal, by email or by any other method accepted by us, you acknowledge that you are instructing TBSM Collections+ to provide commercial debt recovery services in relation to that debt and that you agree to these Terms.

Legal Status and Solicitor-Led Approach

TBSM Collections+ Ltd is a solicitor-led commercial debt recovery business, operated and supervised by a solicitor with more than 20 years of legal experience.

Our services are provided as commercial debt collection and debt recovery services. Although our business is solicitor-led and benefits from experienced legal oversight, TBSM Collections+ Ltd is not a firm of solicitors and does not provide legal advice, legal representation or other legal services as part of its standard commercial debt recovery services.

The appointment of TBSM Collections+ Ltd does not create a solicitor-client relationship between the Client and TBSM Collections+ Ltd, nor does it mean that the Client has instructed the supervising solicitor in a solicitor-client capacity.

Our solicitor-led approach is intended to provide experienced oversight of recovery files, appropriate assessment of issues arising during the recovery process, and professional supervision of the services provided by TBSM Collections+ Ltd.

Where a matter requires legal advice, the commencement of legal proceedings, representation before a court or tribunal, or other legal services outside the scope of our commercial debt recovery services, we may recommend that the Client obtains independent legal advice or instructs an appropriately qualified solicitor or other legal professional.

Any legal services provided by a solicitor or legal professional will be provided separately from TBSM Collections+ Ltd’s commercial debt recovery services and under the terms of the relevant legal professional’s own engagement.

1. Submission of a Debt and Instruction to Act

1.1 By submitting a debt through the TBSM Collections+ online debt submission portal, by email or by any other method accepted by us, the person submitting the debt confirms that they have proper authority to act on behalf of the Client and to instruct TBSM Collections+ in relation to the relevant debt. The instruction shall be treated as being made by the Client.

1.2 The person submitting the debt confirms that they are authorised to provide the information and documentation supplied to TBSM Collections+ and to request the services in connection with the debt.

1.3 By submitting a debt, the Client authorises TBSM Collections+ to review the information provided and, where the matter is accepted, to commence appropriate recovery activity in accordance with the services agreed and these Terms.

1.4 Submission of a debt constitutes an instruction to TBSM Collections+ to provide debt recovery services in relation to the debt, subject to our acceptance of the matter and any necessary preliminary checks.

1.5 The Client confirms that it has the authority to instruct TBSM Collections+ to act in relation to the debt and that the information and documentation supplied is accurate and complete to the best of its knowledge.

1.6 The Client agrees to be responsible for all fees, disbursements, costs and other charges properly arising from the instruction in accordance with these Terms and the agreed fee arrangement.

1.7 Submission of a debt does not guarantee that TBSM Collections+ will accept the matter. We reserve the right to decline or discontinue any instruction where we consider the debt unsuitable, unsupported, disputed, inappropriate or otherwise unsuitable for our services.

1.8 Where we decline an instruction before commencing substantive recovery work, we will notify the Client accordingly.

1.9 Once an instruction has been accepted and recovery activity has commenced, the Client remains bound by these Terms and the agreed fee arrangement.

2. Our Services

2.1 TBSM Collections+ provides professional commercial debt collection and debt recovery services to businesses and organisations in relation to debts that are suitable for our services.

2.2 The specific services provided will depend on the nature, circumstances and status of the debt and the services agreed with the Client.

2.3 TBSM Collections+ will determine the appropriate recovery approach within the scope of the authority provided by the Client and may vary the method or frequency of recovery activity where we consider this reasonably necessary or appropriate.

2.4 We may communicate with a debtor and relevant persons acting on behalf of the debtor for the purpose of recovering the debt, subject to the authority provided by the Client and applicable law.

2.5 Unless expressly agreed in writing, our services do not include providing legal advice, commencing legal proceedings, representing the Client in court or tribunal proceedings, or acting as the Client’s solicitor.

2.6 Where legal proceedings or other formal enforcement action may be appropriate, TBSM Collections+ may recommend that the Client obtains independent legal advice or instructs an appropriately qualified legal professional.

2.7 We may request further information or documentation from the Client where reasonably required to assess, support or progress recovery of the debt. We may suspend recovery activity until the requested information is provided.

2.8 We may suspend, modify or discontinue recovery activity where a debt becomes disputed, where information supplied by the Client is insufficient or inaccurate, where the Client fails to provide requested information or instructions, or where we consider continued recovery activity inappropriate or unsuitable.

2.9 We reserve the right to decline or discontinue any instruction that we consider unsuitable, unsupported, disputed, inappropriate or otherwise unsuitable for our services.

2.10 TBSM Collections+ does not guarantee that any debt will be recovered, that a debtor will respond to our communications, or that recovery will be achieved within any particular timeframe.

2.11 Any recovery strategy, estimated timescale or indication of the likelihood of recovery provided by TBSM Collections+ is for guidance only and does not constitute a guarantee of recovery.

• reviewing and assessing information and documentation supplied by the Client
• reviewing the background and circumstances of the debt
• contacting debtors by telephone, email, letter or other appropriate means
• issuing payment requests, demands and other recovery correspondence
• communicating with relevant representatives of the debtor
• discussing and negotiating payment arrangements where authorised by the Client
• monitoring agreed payment arrangements and following up on missed or overdue payments
• maintaining records of recovery activity and communications
• providing the Client with updates regarding the progress of recovery activity
• responding to debtor communications and queries relating to the debt
• identifying issues or disputes raised by the debtor and referring these to the Client where appropriate
• recommending further recovery options where appropriate, including referral to a solicitor or other suitably qualified professional where legal action may be required

3. Client Responsibilities

3.1 The Client is responsible for providing complete, accurate, current and relevant information and documentation relating to each debt submitted to TBSM Collections+.

3.2 By instructing us, the Client confirms that the debt is genuine, properly due and legally enforceable to the best of the Client’s knowledge; the amount claimed is accurate and includes all relevant charges, interest and applicable amounts properly due; the Client has the legal right and authority to pursue the debt and instruct TBSM Collections+; and the information and documentation provided is accurate, complete and not misleading to the best of the Client’s knowledge.

3.3 The Client must not knowingly submit a debt that is fraudulent, fictitious, substantially disputed, unenforceable or subject to circumstances that have not been disclosed to TBSM Collections+.

3.4 Where the Client becomes aware of any information that may affect the validity, amount or enforceability of a debt after submitting it to us, the Client must notify TBSM Collections+ promptly.

3.5 The Client remains responsible for dealing with any substantive contractual, factual or legal dispute regarding the debt and must provide TBSM Collections+ with reasonable assistance in responding to any such dispute.

3.6 Where a debtor disputes a debt or raises a counterclaim, complaint or other substantive issue, TBSM Collections+ may request supporting information or documentation from the Client and may suspend or modify recovery activity until the matter has been addressed.

3.7 The Client must not give TBSM Collections+ instructions that are unlawful, misleading, oppressive, abusive or otherwise inappropriate.

3.8 The Client must notify TBSM Collections+ promptly of any direct communication received from the debtor concerning an instructed debt where that communication relates to payment, settlement, dispute or any other matter relevant to recovery.

3.9 The Client remains responsible for any decision to commence legal proceedings, accept a settlement, write off a debt, issue a credit or otherwise compromise its legal rights unless such authority has been expressly given to TBSM Collections+ in writing.

3.10 TBSM Collections+ may rely upon the information, representations and documentation supplied by the Client when providing our services and is not required to independently verify the accuracy, validity or enforceability of information supplied by the Client.

3.11 The Client acknowledges that TBSM Collections+ may suspend or discontinue recovery activity where the Client fails to provide information or instructions reasonably required to progress the matter, or where we have concerns regarding the validity, accuracy, enforceability or suitability of the debt.

3.12 The Client is responsible for ensuring that it has an appropriate lawful basis and authority to provide any personal data relating to debtors, guarantors or other individuals to TBSM Collections+ for the purposes of providing our services.

3.13 The Client must not knowingly provide personal data to TBSM Collections+ that is excessive, irrelevant or inaccurate in relation to the services being provided.

3.14 Failure to comply with these responsibilities may result in recovery activity being delayed, suspended or discontinued and may result in the Client remaining liable for fees and costs properly incurred in accordance with these Terms.

4. Authority to Act

4.1 The Client appoints and authorises TBSM Collections+ Ltd to provide commercial debt recovery and debt collection services in relation to debts referred or submitted by the Client. TBSM Collections+ Ltd will provide those services in accordance with the agreed scope of work, the Client’s specific instructions and these Terms and Conditions of Business.

4.2 TBSM Collections+ acts as an independent service provider and is authorised only to undertake the recovery activities expressly agreed with the Client.

4.3 Our authority may include contacting the debtor, requesting payment, issuing correspondence, discussing payment arrangements and undertaking other reasonable recovery activities within the scope of the services agreed.

4.4 Unless expressly authorised in writing by the Client, TBSM Collections+ is not authorised to commence legal proceedings, enter into a binding settlement, accept a reduced settlement amount, write off any part of the debt, waive the Client’s rights or otherwise compromise the Client’s legal position.

4.5 The Client remains the creditor and retains ownership of the debt at all times. Submission of a debt to TBSM Collections+ does not transfer ownership or legal title to the debt to TBSM Collections+.

4.6 The Client authorises TBSM Collections+ to communicate with the debtor and, where reasonably necessary to provide the agreed services, to disclose information relating to the debt.

4.7 The Client remains responsible for the accuracy, validity and enforceability of the debt and for providing any information or documentation reasonably required to support the recovery process.

5. Disputed Debts

5.1 If a debtor disputes all or any part of a debt, TBSM Collections+ may suspend, modify or discontinue collection activity while the matter is reviewed.

5.2 The Client is responsible for providing any information, documentation or clarification reasonably required by TBSM Collections+ to support the debt or respond to any dispute raised by the debtor.

5.3 The Client must provide such information or documentation within two (2) working days of our request, unless otherwise agreed in writing.

5.4 The Client remains responsible for establishing the basis, amount, validity and enforceability of the debt and for resolving any substantive contractual, factual or legal dispute with the debtor.

5.5 TBSM Collections+ does not determine legal liability, adjudicate disputes or act as a court, tribunal or alternative dispute resolution body.

5.6 Where a debtor raises a dispute, counterclaim, allegation of breach of contract, complaint regarding goods or services, allegation of payment, credit note or other substantive defence, TBSM Collections+ may refer the matter to the Client for clarification and supporting evidence.

5.7 TBSM Collections+ may require the Client to provide relevant contracts, invoices, statements of account, purchase orders, delivery records, correspondence, proof of performance or other documentation reasonably required to support the debt.

5.8 If the Client fails to provide sufficient information or documentation within the required timeframe, TBSM Collections+ may suspend or discontinue recovery activity.

5.9 TBSM Collections+ may decline to pursue or continue pursuing a debt where, in our reasonable opinion, the debt is unsupported, substantially disputed, unenforceable, inappropriate for our services or where continued recovery activity may be inappropriate.

5.10 Where a dispute is capable of being resolved through the provision of further information or documentation, TBSM Collections+ may resume recovery activity once sufficient information has been provided and the matter is considered suitable for continued recovery.

5.11 The Client must notify TBSM Collections+ within two (2) working days of becoming aware of any new information, correspondence or circumstances that may affect the validity, amount or enforceability of an instructed debt.

5.12 TBSM Collections+ is not responsible for any loss arising from the existence of a genuine dispute between the Client and the debtor or from the Client’s inability or failure to provide sufficient evidence to support the debt.

5.13 Any fees properly due to TBSM Collections+ in accordance with the agreed fee arrangement remain payable where recovery activity has been undertaken before a dispute is raised, subject to the terms of the applicable fee arrangement.

6. Fees, Recoveries, Disbursements and Direct Payments

6.1 Our fees will be agreed with the Client before or at the commencement of an instruction and will be confirmed in writing. The applicable fee arrangement may be set out in a quotation, engagement agreement, email confirmation, fee schedule or other written communication accepted by the Client.

6.2 Fees may be calculated as a percentage of monies recovered, a fixed fee, a combination of fees, or another arrangement agreed in writing.

6.3 Where our fees are calculated by reference to monies recovered, a recovery includes any payment, part-payment, settlement, agreed payment arrangement or other financial benefit obtained from or on behalf of the debtor in connection with the debt instructed to TBSM Collections+.

6.4 Where a debtor makes payment directly to the Client after the debt has been submitted to or instructed with TBSM Collections+, the payment will be treated as a recovery for the purposes of calculating our fees.

6.5 The Client remains liable for our fees regardless of whether payment is made to TBSM Collections+, directly to the Client, to another person on the Client’s behalf, or by any other method.

6.6 Where the debtor pays the Client directly, the Client must notify TBSM Collections+ promptly and provide details of the amount and date of payment. The Client must not intentionally withhold or delay notification of any payment received in connection with an instructed debt.

6.7 Where a debtor makes a partial payment, our fees will be calculated in accordance with the agreed fee arrangement and applied to the amount recovered or otherwise agreed.

6.8 Where a debtor enters into a payment plan following our recovery activity, each payment received under that arrangement will be treated as a recovery for the purposes of calculating our fees, unless otherwise agreed in writing.

6.9 Where the Client reaches a settlement, compromise or other agreement directly with the debtor after the debt has been submitted to or instructed with TBSM Collections+, the settlement will be treated as a recovery for the purposes of calculating our fees where our recovery activity contributed to or preceded the settlement.

6.10 Our fees remain payable where the debt is paid, settled or otherwise resolved following recovery activity undertaken by TBSM Collections+, even where the final payment or settlement is made directly between the Client and the debtor.

6.11 The Client must not intentionally circumvent TBSM Collections+ or take steps designed to avoid payment of fees that would otherwise become payable under the agreed fee arrangement.

6.12 All invoices issued by TBSM Collections+ are due and payable upon receipt unless otherwise agreed in writing. We reserve the right to suspend or cease recovery activity where any undisputed invoice remains unpaid.

6.13 Where TBSM Collections+ holds or receives monies on behalf of the Client, the Client authorises TBSM Collections+ to deduct or set off from those monies any fees, VAT, disbursements, costs or other sums properly due and payable to TBSM Collections+ under these Terms or the agreed fee arrangement, before remitting any remaining balance to the Client.

6.14 Where any amount due to TBSM Collections+ cannot be deducted or set off from monies held or received on behalf of the Client, the Client remains responsible for payment of the outstanding amount.

6.15 The Client is responsible for any reasonable disbursements, third-party charges or expenses incurred in connection with the recovery of a debt, where such costs have been agreed with the Client or are reasonably necessary to provide the agreed services.

6.16 Disbursements and third-party costs are payable by the Client in addition to TBSM Collections+’s fees and are not included within our agreed recovery fee unless expressly stated otherwise in writing.

6.17 Where reasonably practicable, TBSM Collections+ will notify the Client of any material disbursement or third-party cost before it is incurred and, where required, obtain the Client’s approval.

6.18 Disbursements may include, without limitation, court fees, process serving fees, tracing fees, credit or information reports, postage, courier charges, enforcement-related costs and professional or third-party charges reasonably incurred in connection with the instruction.

6.19 Any VAT properly chargeable on our fees, disbursements or third-party costs will be payable by the Client.

6.20 The Client remains responsible for all fees and other sums properly due to TBSM Collections+ notwithstanding any subsequent dispute between the Client and the debtor, unless otherwise agreed in writing.

6.21 Where an instruction is terminated after recovery activity has commenced, any fees that have become payable under the agreed fee arrangement remain due. Where the debt is subsequently paid, settled or otherwise recovered following our involvement, the Client remains liable for any fees applicable under the agreed fee arrangement.

7. Recovery of Debts

7.1 TBSM Collections+ will use reasonable skill and care in providing its commercial debt recovery services and will take reasonable steps to pursue debts in accordance with the Client’s instructions, the agreed scope of services and these Terms.

7.2 TBSM Collections+ does not guarantee that any debt will be recovered in full or in part, that a debtor will respond to communications, or that any particular recovery outcome will be achieved.

7.3 Recovery of a debt may depend on circumstances outside our reasonable control, including the debtor’s financial position, willingness or ability to pay, disputes, counterclaims, insolvency, changes in circumstances, inaccurate or incomplete information, lack of supporting documentation or the debtor becoming uncontactable.

7.4 TBSM Collections+ may determine the appropriate method, frequency and timing of recovery activity based on the circumstances of the debt and the information available to us, subject to any specific instructions or limitations agreed with the Client.

7.5 Recovery activity may include telephone calls, emails, letters, payment requests, demands, negotiations, payment arrangement discussions, follow-up communications and other reasonable recovery measures appropriate to the circumstances of the debt.

7.6 TBSM Collections+ may communicate with the debtor and, where reasonably necessary and appropriate, relevant representatives, authorised contacts or other persons connected with the recovery of the debt.

7.7 Where a debtor proposes to make payment by instalments or under a payment arrangement, TBSM Collections+ may discuss or negotiate such an arrangement where authorised by the Client or where this falls within the agreed scope of our services.

7.8 Unless expressly authorised by the Client in writing, TBSM Collections+ will not agree to write off a debt, waive a Client’s rights, accept a reduced settlement amount, compromise a substantive legal claim or otherwise materially alter the Client’s legal or financial position.

7.9 Where a debtor makes a payment, part-payment or proposes a settlement, TBSM Collections+ may notify the Client and request instructions where the matter falls outside our agreed authority.

7.10 If a debtor raises a dispute, counterclaim, complaint or other substantive issue, recovery activity may be suspended, modified or referred back to the Client in accordance with Clause 5.

7.11 TBSM Collections+ may request further information or documentation from the Client where reasonably necessary to continue recovery activity. If the requested information is not provided, we may suspend or discontinue the instruction.

7.12 TBSM Collections+ may cease or discontinue recovery activity where we reasonably consider that further recovery action is unlikely to be commercially proportionate, the debt is no longer suitable for our services, the debtor is insolvent, the debt is substantially disputed, the Client has failed to provide necessary information or instructions, or continued activity would be inappropriate.

7.13 Where appropriate, TBSM Collections+ may recommend that the Client obtain independent legal advice or consider referral to a solicitor or other suitably qualified professional where legal proceedings, formal enforcement or other legal remedies may be required.

7.14 TBSM Collections+ does not provide legal advice and does not guarantee the outcome of any legal proceedings, enforcement action or other third-party recovery process.

7.15 Any estimated recovery timescales, anticipated payment dates, recovery assessments or indications of the likelihood of recovery provided by TBSM Collections+ are estimates or guidance only and are not guarantees.

7.16 TBSM Collections+ is not responsible for delays or failure to recover a debt resulting from circumstances outside our reasonable control, including debtor conduct, insolvency, changes in the debtor’s circumstances, third-party actions, disputes or matters arising from information supplied by the Client.

7.17 The Client acknowledges that commercial debt recovery involves uncertainty and that the use of reasonable recovery measures does not create any guarantee of payment or recovery.

7.18 Where recovery activity has commenced, the Client remains responsible for any fees, disbursements and other sums properly due under the agreed fee arrangement, including where the debt is subsequently paid, settled or otherwise resolved.

8. Confidentiality

8.1 TBSM Collections+ will treat information provided by the Client in connection with an instruction as confidential and will take reasonable steps to protect such information from unauthorised access, use or disclosure.

8.2 Confidential information may include information relating to the Client’s business, customers, suppliers, debtors, financial affairs, commercial arrangements, contracts, invoices, account information, recovery instructions, recovery strategies, correspondence, documents and any other information that is reasonably understood to be confidential.

8.3 TBSM Collections+ will use confidential information only to the extent reasonably necessary to provide our services, administer the Client’s instruction, communicate with relevant parties, comply with our legal or regulatory obligations, or protect our legitimate business interests.

8.4 TBSM Collections+ will not knowingly disclose confidential Client information to any third party except where disclosure is reasonably necessary for the provision of our services, authorised by the Client, required by law, required by a court or competent authority, or otherwise permitted under these Terms.

8.5 We may disclose relevant information to our employees, contractors, professional advisers, insurers, technology providers, tracing providers, service providers or other third parties where reasonably necessary to provide, administer or support our services, provided that the disclosure is limited to information reasonably required for that purpose.

8.6 Where appropriate, TBSM Collections+ may disclose information concerning the debt to the debtor or persons acting on the debtor’s behalf where reasonably necessary to pursue, discuss, verify, negotiate or recover the debt.

8.7 The Client acknowledges that effective debt recovery may require us to identify the Client as the creditor and provide relevant information concerning the debt to the debtor or their authorised representative.

8.8 TBSM Collections+ may retain records, documents and communications relating to an instruction for as long as reasonably necessary for business, legal, regulatory, insurance, accounting or record-keeping purposes.

8.9 The confidentiality obligations in this Clause do not apply to information which is or becomes publicly available other than through an unauthorised disclosure; was already lawfully known to TBSM Collections+; is lawfully received from a third party without an obligation of confidentiality; is independently developed without reference to the Client’s confidential information; or must be disclosed by law, court order or a competent regulatory or governmental authority.

8.10 Where TBSM Collections+ is required by law or a competent authority to disclose confidential information, we may make the disclosure to the extent legally required and, where legally permitted and reasonably practicable, may notify the Client before making such disclosure.

8.11 TBSM Collections+ will take reasonable steps to ensure that persons who have access to confidential information for the purpose of providing our services understand the need to keep such information confidential.

8.12 The Client must also treat as confidential any non-public information provided by TBSM Collections+ concerning our internal processes, recovery methods, pricing, systems, procedures, business practices, communications or other commercially sensitive information.

8.13 Neither party may use the other party’s confidential information for any purpose unrelated to the relevant business relationship or agreed services, except where permitted or required by law.

8.14 The obligations in this Clause continue after an instruction or business relationship has ended, except where the information ceases to be confidential through no breach of these Terms or where disclosure is otherwise permitted or required by law.

8.15 Nothing in this Clause prevents TBSM Collections+ from using information where reasonably necessary to establish, exercise or defend our legal rights, respond to a complaint, deal with a dispute, enforce these Terms, recover fees or comply with our legal or regulatory obligations.

8.16 The confidentiality obligations in this Clause are subject to the provisions of Clause 9 concerning data protection and the processing of personal data.

9. Data Protection

9.1 TBSM Collections+ will process personal data in accordance with applicable UK data protection legislation, including the UK General Data Protection Regulation (UK GDPR), the Data Protection Act 2018 and any other applicable data protection or privacy legislation, as amended or replaced from time to time.

9.2 For the purposes of these Terms, personal data, processing, controller, processor and other relevant data protection terms have the meanings given to them under applicable data protection legislation.

9.3 The Client is responsible for ensuring that it has an appropriate lawful basis, authority and, where required, any necessary notices or consents to provide personal data to TBSM Collections+ for the purpose of providing our services.

9.4 The Client must only provide personal data that is reasonably necessary for TBSM Collections+ to perform the agreed services and must take reasonable steps to ensure that the personal data provided is accurate, relevant and up to date.

9.5 Personal data provided by the Client may include, where reasonably necessary, information relating to debtors, directors, guarantors, employees, representatives, authorised contacts or other individuals connected with an instructed debt.

9.6 TBSM Collections+ may process personal data for purposes including reviewing an instructed debt; contacting debtors and relevant individuals; pursuing payment and recovering debts; communicating with the Client; responding to debtor communications and disputes; maintaining records; administering payment arrangements; providing updates and reports; preventing or detecting fraud, misuse or unlawful activity; complying with legal, regulatory, accounting and insurance requirements; and establishing, exercising or defending legal rights or claims.

9.7 TBSM Collections+ may share relevant personal data with third parties where reasonably necessary to provide our services, comply with legal obligations or protect our legitimate business interests. Such third parties may include professional advisers, tracing providers, technology providers, payment service providers, insurers, legal professionals and other service providers supporting our business.

9.8 Where TBSM Collections+ uses third-party service providers to process personal data on our behalf, we will take reasonable steps to ensure that appropriate contractual and data protection safeguards are in place where required by applicable law.

9.9 TBSM Collections+ may transfer or store personal data using systems, software or service providers located outside the United Kingdom where reasonably necessary for the provision of our services, provided that any such transfer is carried out in accordance with applicable data protection legislation and appropriate safeguards are in place where required.

9.10 TBSM Collections+ will take reasonable technical and organisational measures to protect personal data against unauthorised or unlawful processing and against accidental loss, destruction, damage, alteration or disclosure.

9.11 Access to personal data will be restricted, where reasonably practicable, to persons who require access for the purpose of providing our services, administering our business or complying with legal or regulatory obligations.

9.12 The Client must notify TBSM Collections+ within two (2) working days of becoming aware of any material change, error or issue affecting personal data provided to us that may reasonably affect our ability to process that data lawfully or accurately.

9.13 The Client must notify TBSM Collections+ within two (2) working days of receiving any request, complaint or communication from a debtor or other individual concerning personal data that relates directly to an instructed debt and may require our involvement.

9.14 Where TBSM Collections+ receives a request from an individual to exercise their rights under applicable data protection legislation, we will deal with the request in accordance with applicable law and, where appropriate, may contact the Client for information or assistance.

9.15 Depending on the nature of the services and the parties’ respective roles in relation to particular processing activities, TBSM Collections+ and the Client may each act as an independent controller or one party may process personal data on behalf of the other. The parties will comply with their respective obligations under applicable data protection legislation.

9.16 Where applicable, the parties may enter into a separate data processing agreement or other appropriate data protection arrangement setting out the respective responsibilities of the parties.

9.17 TBSM Collections+ will retain personal data only for as long as reasonably necessary for the purposes for which it was collected or processed, including for contractual, legal, regulatory, accounting, insurance and record-keeping requirements.

9.18 When personal data is no longer required, TBSM Collections+ will take reasonable steps to securely delete, destroy or anonymise it, subject to any legal, regulatory, insurance or legitimate business requirement to retain it.

9.19 The Client acknowledges that TBSM Collections+ may be required to retain information relating to an instructed debt after recovery activity has ended in order to maintain appropriate business records, deal with complaints or disputes, establish or defend legal claims, comply with legal obligations or meet regulatory, accounting or insurance requirements.

9.20 Nothing in these Terms requires either party to process personal data in a manner that would breach applicable data protection legislation.

9.21 Further information about how TBSM Collections+ collects, uses, stores and protects personal data is provided in our Privacy Notice, which is available on our website.

9.22 The Client must not knowingly provide TBSM Collections+ with excessive, irrelevant, inaccurate or unlawfully obtained personal data.

9.23 Where TBSM Collections+ reasonably considers that personal data supplied by the Client may have been obtained unlawfully, is materially inaccurate, excessive or unnecessary for the agreed services, we may request clarification, restrict processing, suspend the relevant instruction or discontinue the relevant recovery activity where appropriate.

9.24 Each party will provide reasonable cooperation to the other where necessary to comply with applicable data protection legislation in relation to the services provided under these Terms.

10. Complaints

10.1 TBSM Collections+ aims to provide a professional, transparent and respectful commercial debt recovery service and to deal with Clients and debtors fairly and appropriately.

10.2 We take complaints seriously and will seek to resolve any complaint fairly, consistently and within a reasonable timeframe.

10.3 If the Client is dissatisfied with any aspect of our services, the Client should first contact TBSM Collections+ using the contact details provided on our website. Wherever possible, the complaint should be made in writing and should include sufficient information to allow us to understand and investigate the issue.

10.4 A complaint should, where reasonably practicable, include the name and contact details of the person making the complaint; the relevant Client or instructed debt; details of the issue or concern; the date or approximate date on which the issue occurred; relevant correspondence or supporting documentation; and the outcome or resolution being requested.

10.5 We will acknowledge receipt of a complaint within five (5) working days of receiving it, where reasonably practicable.

10.6 We will review and investigate complaints appropriately, taking into account the information and evidence available to us and, where necessary, obtaining information from relevant members of our team or third parties involved in providing the services.

10.7 We may request additional information or documentation from the Client where reasonably necessary to investigate a complaint. The Client agrees to provide such information within a reasonable timeframe.

10.8 We aim to provide a substantive response to complaints within fifteen (15) working days of receipt. Where a complaint is complex or requires further investigation, this period may be extended. Where this occurs, we will keep the complainant reasonably informed of the progress of the investigation.

10.9 Our response may explain the outcome of our investigation, any action we consider appropriate and, where relevant, any steps we intend to take to address the matter.

10.10 Where appropriate, TBSM Collections+ may offer a reasonable resolution to a complaint, which may include correcting an error, providing clarification, reviewing a decision or taking other appropriate remedial action.

10.11 Making a complaint does not automatically suspend or terminate an existing debt recovery instruction. However, where the complaint relates directly to ongoing recovery activity, we may review, modify or temporarily suspend the relevant activity while the complaint is considered.

10.12 A complaint will not affect the Client’s obligation to pay fees, disbursements or other sums properly due under these Terms unless we agree otherwise in writing.

10.13 Where a complaint cannot be resolved through our internal complaints process, the Client may request that the matter is reviewed by a senior member of TBSM Collections+.

10.14 Nothing in this Clause prevents either party from exercising any legal rights or remedies available to it under applicable law.

10.15 TBSM Collections+ will maintain appropriate records of complaints and the actions taken in response to them for as long as reasonably necessary for business, legal, regulatory, insurance and record-keeping purposes.

10.16 Complaints concerning the processing of personal data will also be handled in accordance with our data protection obligations and, where appropriate, our Privacy Notice.

10.17 If a complaint is made by a debtor or another third party in relation to recovery activity undertaken on behalf of a Client, TBSM Collections+ may investigate the matter and may notify or involve the Client where reasonably necessary.

10.18 The Client agrees to provide reasonable cooperation and information where required to assist TBSM Collections+ in responding to a complaint relating to an instructed debt.

10.19 TBSM Collections+ reserves the right to reject or close a complaint where it is abusive, threatening, repetitive without new information, clearly unrelated to our services or otherwise inappropriate, while remaining subject to any applicable legal or regulatory obligations.

10.20 Complaints should be submitted using the contact details set out on the website.

11. Termination

11.1 Either the Client or TBSM Collections+ may terminate an instruction in accordance with any specific termination provisions contained in the agreed fee arrangement, engagement agreement or other written agreement relating to the instruction.

11.2 Where no specific notice period has been agreed, either party may terminate an instruction by providing written notice to the other party.

11.3 TBSM Collections+ may suspend or terminate an instruction immediately, or on such notice as we consider reasonably appropriate, where information or documentation provided by the Client is materially inaccurate, incomplete or misleading; the Client fails to provide information, documentation or instructions reasonably required to continue recovery activity; fees, invoices, disbursements or other sums properly due remain unpaid; the debt becomes substantially disputed or unsupported; the Client instructs us to undertake activity that we reasonably consider unlawful, inappropriate, misleading, oppressive or outside the agreed scope of services; a conflict of interest arises; continuing to act may expose TBSM Collections+ to unreasonable legal, regulatory, reputational or commercial risk; the debt is no longer suitable for our services; the Client becomes insolvent or appears unable to meet its financial obligations; the Client materially breaches these Terms or any agreed fee arrangement; or we otherwise reasonably consider that continuing to act is inappropriate or impractical.

11.4 The Client may request that TBSM Collections+ cease recovery activity at any time by providing written notice. Where recovery activity has already been undertaken, the Client remains responsible for any fees, disbursements and other sums properly due under the agreed fee arrangement.

11.5 Termination of an instruction does not affect any rights, obligations, fees, costs or liabilities that have accrued before the effective date of termination.

11.6 Any fees properly due for recovery activity undertaken before termination remain payable, including fees arising from payments, settlements or other recoveries obtained as a result of that activity.

11.7 Where a debtor makes a payment, part-payment or settlement directly to the Client following submission or instruction of the debt, any fees due to TBSM Collections+ under the agreed fee arrangement will remain payable, including where the instruction has subsequently been terminated.

11.8 Where the Client reaches a settlement, payment arrangement, compromise or other resolution directly with the debtor after TBSM Collections+ has commenced recovery activity, the Client must notify us within two (2) working days of becoming aware of the arrangement.

11.9 Termination does not remove the Client’s obligation to pay fees where a debt is subsequently recovered, paid or settled as a result of, or following, recovery activity undertaken by TBSM Collections+ before termination, where such fees are payable under the agreed fee arrangement.

11.10 The Client must not intentionally terminate an instruction, withdraw a debt, transfer the debt, settle directly with the debtor or otherwise circumvent TBSM Collections+ for the purpose of avoiding fees properly due under the agreed fee arrangement.

11.11 If an instruction is terminated while a payment arrangement is in place as a result of TBSM Collections+’s recovery activity, the applicable fee arrangement will continue to apply to payments received under that arrangement, unless otherwise agreed in writing.

11.12 Following termination, TBSM Collections+ may cease all recovery activity in relation to the relevant debt unless otherwise agreed in writing.

11.13 Following termination, TBSM Collections+ may provide the Client with relevant records, information or documents relating to the instruction where reasonably necessary and subject to applicable confidentiality, data protection, legal and regulatory requirements.

11.14 TBSM Collections+ may retain copies of records, correspondence, documents and other information relating to the instruction where reasonably necessary for legal, regulatory, accounting, insurance, compliance, dispute resolution or legitimate business purposes.

11.15 Termination does not affect any provisions of these Terms which are intended to continue after termination, including provisions relating to confidentiality, data protection, fees, liability, indemnity, governing law and any accrued rights or obligations.

11.16 Where termination occurs because of a Client breach, failure to cooperate, failure to provide information or non-payment of fees, TBSM Collections+ reserves the right to recover any reasonable costs or expenses properly incurred as a result, subject to the agreed fee arrangement and applicable law.

11.17 If TBSM Collections+ terminates an instruction, we will notify the Client where reasonably practicable and, where appropriate, provide the reason for termination. Nothing in this Clause requires us to disclose information where doing so would breach a legal, regulatory, confidentiality or other obligation.

11.18 Termination of one debt instruction does not automatically terminate any other instruction or business relationship between the Client and TBSM Collections+, unless expressly agreed otherwise in writing.

12. Limitation of Liability

12.1 TBSM Collections+ will provide its services with reasonable skill and care. However, we do not guarantee that any debt will be recovered, that a debtor will make payment, or that recovery will be achieved within any particular timeframe.

12.2 We shall not be liable for any loss, delay, cost or expense arising from inaccurate, incomplete or misleading information or documentation supplied by the Client, or from any failure by the Client to provide information or instructions reasonably required by us.

12.3 We shall not be liable for any loss arising from the actions, omissions, financial position, insolvency, refusal to pay or other conduct of a debtor or any other third party.

12.4 We shall not be responsible for any legal, court, insolvency or enforcement outcome where such action is undertaken by the Client, its appointed solicitor or another third party.

12.5 We shall not be liable for indirect or consequential loss, loss of profit, loss of business, loss of opportunity, loss of goodwill or similar losses, to the extent permitted by law.

12.6 Subject to clause 12.7, our total liability arising out of or in connection with an instruction shall not exceed the total fees paid or payable by the Client to TBSM Collections+ in respect of that instruction.

12.7 Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited under the laws of England and Wales, including liability for fraud or fraudulent misrepresentation, or for death or personal injury caused by negligence where applicable.

12.8 The Client acknowledges that TBSM Collections+ is instructed to provide commercial debt recovery services and is not responsible for determining the legal validity of a debt, the solvency of a debtor or the ultimate outcome of any recovery action.

12.9 The Client acknowledges that TBSM Collections+ shall not be liable for any loss, damage, cost or expense suffered or incurred by the Client arising from or in connection with collection or recovery activity undertaken in accordance with the Client’s instructions and these Terms, except to the extent that such loss or damage results directly from our negligence, fraud, wilful misconduct or other liability that cannot lawfully be excluded or limited.

12.10 In particular, TBSM Collections+ shall not be liable for any loss arising from a debtor’s response to, or reaction to, recovery activity, including any refusal to pay, dispute, counterclaim, complaint, termination of a commercial relationship or other action taken by the debtor, provided that TBSM Collections+ has acted with reasonable skill and care and within the authority given by the Client.

13. Client Indemnity

13.1 The Client agrees to indemnify TBSM Collections+ against any reasonable losses, liabilities, costs, claims or expenses arising directly from inaccurate, incomplete or misleading information or documentation supplied by the Client; the Client’s failure to have proper authority to instruct TBSM Collections+; any dispute regarding the validity, ownership or enforceability of the debt where the relevant circumstances were not disclosed to us; any instructions given by the Client that result in a claim or loss; or any breach by the Client of these Terms.

13.2 This indemnity does not apply to the extent that the relevant loss, liability, cost, claim or expense results from the negligence, fraud or wilful misconduct of TBSM Collections+ or from any liability that cannot lawfully be excluded or limited.

14. Variation of Terms

14.1 TBSM Collections+ reserves the right to amend or update these Terms from time to time where reasonably necessary, including to reflect changes to our services, business practices, legal or regulatory requirements.

14.2 Where an amendment materially affects an existing instruction, we will provide reasonable notice to the Client where practicable.

14.3 The Terms applicable to an instruction will be those in force at the time the matter is accepted, unless otherwise agreed in writing or an amendment is required by law.

15. Governing Law and Jurisdiction

15.1 These Terms, any instruction accepted by TBSM Collections+, any agreed fee arrangement and any dispute, claim or other matter arising out of or in connection with our services or the contractual relationship between TBSM Collections+ and the Client shall be governed by and construed in accordance with the laws of England and Wales.

15.2 Subject to Clause 15.3, the courts of England and Wales shall have exclusive jurisdiction to determine any dispute, claim or other matter arising out of or in connection with these Terms, an instruction or our services.

15.3 Nothing in these Terms prevents either party from seeking urgent or interim relief, including an injunction or other appropriate remedy, from any court of competent jurisdiction where such relief is reasonably necessary to protect its rights or interests.

15.4 Before commencing court proceedings, the parties should, where reasonably practicable, seek to resolve any dispute through good-faith discussions between appropriate representatives.

15.5 Where a dispute cannot be resolved through discussions, either party may pursue any legal rights or remedies available to it.

15.6 Nothing in this Clause limits either party’s right to take action to recover unpaid fees, enforce an obligation, protect confidential information, protect intellectual property, establish or defend legal rights, or otherwise seek a remedy where delay could materially prejudice that party’s position.

15.7 If any provision of these Terms is found by a court to be invalid, unlawful or unenforceable, that provision shall, to the extent necessary, be modified or treated as severed, and the remaining provisions shall continue in full force and effect.

15.8 The failure or delay by either party to exercise any right or remedy under these Terms shall not constitute a waiver of that right or remedy.

15.9 Any rights and remedies provided under these Terms are in addition to, and do not exclude, any rights or remedies available to either party under applicable law, except where expressly stated otherwise.

15.10 Nothing in this Clause prevents either party from complying with any mandatory legal or regulatory requirement applicable to it or from exercising any statutory right that cannot lawfully be excluded or restricted.

15.11 Where an instruction, debt or transaction involves parties, assets or events outside England and Wales, the governing law and jurisdiction provisions in this Clause shall continue to apply to the contractual relationship between TBSM Collections+ and the Client, unless otherwise agreed in writing or required by applicable law.

16. Force Majeure

16.1 TBSM Collections+ shall not be liable for any failure, delay or interruption in performing any of its obligations under these Terms where such failure, delay or interruption results from circumstances beyond our reasonable control (“Force Majeure Event”).

16.2 Force Majeure Events may include acts of God, natural disasters, extreme weather, flooding, fire or other serious environmental events; war, terrorism, civil unrest, riots or other serious public disturbances; strikes, industrial disputes or other labour disruptions outside our reasonable control; government action, changes in law or regulatory requirements; interruptions to telecommunications, internet services, electricity or other essential utilities; failures or significant interruptions affecting software, cloud services, hosting providers, email systems, telephone networks or other technology infrastructure; cyber incidents, widespread malware or other significant technology disruptions, provided that TBSM Collections+ has taken reasonable steps to maintain appropriate security measures; failures or interruptions affecting banks, payment providers or other third-party service providers; epidemic, pandemic or public health emergency; and any other event or circumstance which could not reasonably have been prevented or avoided by TBSM Collections+.

16.3 Where a Force Majeure Event occurs, TBSM Collections+ will take reasonable steps to minimise the effect of the event and resume the affected services as soon as reasonably practicable.

16.4 During a Force Majeure Event, TBSM Collections+ may suspend, delay, modify or temporarily limit affected services where reasonably necessary.

16.5 TBSM Collections+ will not be responsible for any loss, delay, cost or expense suffered by the Client to the extent that it results directly from a Force Majeure Event.

16.6 Where reasonably practicable, TBSM Collections+ will notify the Client if a Force Majeure Event is expected to materially affect an ongoing instruction or our ability to provide the agreed services.

16.7 The Client remains responsible for any fees, disbursements and other sums properly due in respect of services provided before or during a Force Majeure Event, subject to the agreed fee arrangement.

16.8 If a Force Majeure Event continues for a prolonged period and materially prevents TBSM Collections+ from providing the affected services, either party may terminate the affected instruction by providing written notice to the other party.

16.9 Nothing in this Clause limits any liability or obligation which cannot lawfully be excluded or limited under applicable law.

17. Contact Details

17.1 If you need to contact TBSM Collections+ regarding these Terms, an existing instruction, a debt submitted for recovery, a complaint or any other matter relating to our services, you may contact us using the details noted on our website.

17.2 Formal notices, termination notices, complaints and other communications required under these Terms should be sent to the email address or postal address stated on our website, unless we have provided alternative contact details in writing.

17.3 The Client must ensure that the contact details and email addresses provided to TBSM Collections+ are accurate and kept up to date throughout the period of an instruction.

17.4 TBSM Collections+ may communicate with the Client using the contact details provided by the Client and may reasonably rely on communications received from authorised representatives of the Client.

17.5 The Client should notify TBSM Collections+ within two (2) working days of any material change to its contact details, authorised representatives or other information reasonably required for the administration of an instruction.

17.6 Where the Client has provided an email address for an authorised representative, communications sent to that address will be treated as communications to the Client unless the Client has notified us otherwise in writing.

17.7 Nothing in this Clause prevents TBSM Collections+ from using another reasonable method of communication where necessary or appropriate for the provision of our services or where agreed with the Client.