Terms and Conditions
1. In this agreement Brodie Collection services shall be known as BCS and the party providing debt recovery instruction shall be known as the client.
2. By the act of forwarding debt recovery instruction to BCS acknowledges that they have read and agree to be bound by these Terms and Conditions.
3. The client covenants that they will notify BCS within one working day of being paid in whole or in part to the client and further acknowledges that BCS shall be entitled to charge commission on such recovery .
4. The client covenants that the detail supplied by them are true and correct and includes all information relevant to the debt. Should BCS suffer loss or expense due to misleading and false information being supplied by the client, the client will indemnify BCS in full for such loss or expense.
5. The client expressly authorises BCS to recovery a debt on the clients behalf including legal and VCAT /QCAT action. In the instance that legal and VCAT/QCAT costs are incurred and paid by BCS a further 10% fee will apply on such recovery calculated according to the prevailing rates plus 10%.
6. During the time period BCS is acting for the client, the client shall not negotiate with or contact the debtor or accept less than total payment directly from the debtor. In the event that the client breaches this clause BCS shall be entitled to charge commission as if the debt had been paid in full.
7. The client's instructions to BCS to recover a debt pursuant to this agreement shall be deemed to have commenced from the date of debt recovery instruction and should the client thereafter at any time instruct BCS whether expressly or by conduct to terminate recovery proceedings for any reason BCS shall be entitled to charge commission from this date of termination as if the debt has been paid in full.
8. The prevailing commission rate will apply to the nominated amount if paid in full, a credit raised or shown to be paid previously or by instalment rate calculated according to the prevailing rate.
9. BCS’ priority is to obtain a single payment to recover the debt in full, however there are occasions where an instalment repayment plan may prove to be a more effective solution. Where a debt is recovered by instalments, BCS reserves the right to apply the prevailing commission rate plus a further 3% commission charged on each instalment amount.
10. The client acknowledges that BCS shall be entitled to its share of the commission on each and every portion of the debt collected either in part or as a whole, which will be retained by BCS in return for services provided to date.