TERMS OF ENGAGEMENT

This document sets out the Terms of Engagement for the appointment of ‘National Tenant Helpline’ to act on your behalf in all aspects of the recovery of debts due and payable.

1. Definitions:
1.1 ‘Claim(s)’ means the Client’s debt recovery against the Company under Section 214 (1) Housing Act 2004 on the grounds that the initial requirements of an authorised scheme under Section 213 (4) have not been met, and Section 213 (6) in that the prescribed form about the scheme with which the deposit has been registered has not been complied with.
1.2 ‘Client’ means the tenant/s authorised to appoint National Tenant Helpline to act on their behalf in respect of the action of recovering monies.
1.3 ‘Company’ means the Landlord or Landlords managing agent and/or persons to whom the Letter of Authority is addressed. (including for the avoidance of doubt any employee, director, agents, representatives and associates of said entities, or any other entity and/or any of their predecessors.)
1.4 ‘Recovered Debt’ means any sums paid or awarded as calculated at the time of the award that would not have been paid if the claim had not been conducted.
1.5 National Tenant Helpline means National Tenant Helpline, Eaton Place, 114 Washway Road, Sale, Greater Manchester, M33 7RF
1.6 ‘Fee’ means the fee of 15% plus vat of the recovered deposit plus disbursements payable to National Tenant Helpline for the services carried out, subject to a minimum fee for services of £150.00 plus vat.
1.7 Our costs will be taken from additional remuneration negotiated.
1.8 In the event that National Tenant Helpline oversees a successful County Court claim for deposit recovery and penalties on behalf of the Client, National Tenant Helpline’s fee is 15% + vat of the judgement awarded.
1.9 For deposits recovered from a landlord / agent residing outside England and Wales, or deposits recovered from a company/agent who are no longer in trading, National Tenant Helplines fee is 35% plus vat of the recovered deposit plus disbursements, subject to a minimum fee for services of £350.00 plus vat.
1.10 ‘Services’ means the services provided by National Tenant Helpline or Agents including, entering into the recovery of debts from the Company.
1.11 “Disbursements” means amounts paid by National Tenant Helpline for services on the clients behalf in advancement of the case.
1.12 “Interest” means the interest charged on fees and charges due and payable calculated at 8% per annum.
1.13 “Claim Charge” means the charge for non payment of fees due and payable calculated at 35% plus vat of the recovered debt, any remuneration negotiated and penalties awarded (if applicable).
1.14 "Remuneration" means money paid over and above the deposit.
1.15 "Penalties" means Court awarded mandatory penalties of three times full deposit against landlord.

2. Conduct of Engagement.
2.1 By clicking the on line acceptance box, the Client hereby agrees to be bound by these Terms and appoints National Tenant Helpline to assess and if reasonably possible to complete the claim.

3. The Client Will:
3.1 Give National Tenant Helpline their consent and full authority to deal with the Company on the Client’s behalf and to obtain relevant information from whatever source on a continuing basis.
3.2 Deal promptly with every reasonable request by National Tenant Helpline for authority, information and documents and further instructions that National Tenant Helpline may, from time to time, require.
3.3 Promptly inform National Tenant Helpline of any relevant matters affecting the claim.
3.4 Immediately inform National Tenant Helpline if the Company pays directly to them.
3.5 The Client hereby agrees to the Company remitting the recovered money to National Tenant Helpline and for National Tenant Helpline to retain the fee and cost of any disbursements made before paying the balance of the recovered money to the Client. Notwithstanding such agreement, should the recovered money be paid direct to the Client, National Tenant Helpline will invoice the Client for the fee which will become immediately due and payable by the Client to National Tenant Helpline and in the event of non payment of fee due and payable, interest and claim charge will be added.
3.6 Give National Tenant Helpline the right to deal exclusively with the claim unless otherwise agreed in writing by the Client and National Tenant Helpline.

4. Disclaimer.
4.1 National Tenant Helpline accepts no liability for any loss suffered by the Client/s by entering into this Agreement and specifically in the event that no recovery is achieved. Any claim by way of consequential damage arising out of any act or omission or commission by National Tenant Helpline is specifically excluded.
4.2 As National Tenant Helpline’s Services are provided within a period of less than 7 working days any right to a "cooling-off" period under The Consumer Protection (Distance Selling) Regulations 2000 SI 2000/2334 does not apply
4.3 Full details of National Tenant Helpline’s complaints procedures are available upon request.

5. Data Protection.
5.1National Tenant Helpline is a Data Controller within the meaning of the Data Protection Act 1998.

6. Governing Law.
6.1 This Agreement shall be subject to the laws of England and Wales.