Terms & Conditions
I engage the professional services of “AMS” to provide debt management counselling services in negotiating a repayment plan hereinafter referred to as the Debt Management Plan or “DMP” with my creditors. I freely volunteer to abide by the provisions of this agreement which are as follows:
I understand that I am responsible for disclosing to “AMS” accurate information, to the best of my knowledge, about all of my creditors and sources of income. In consideration of and in furtherance of services to be provided by “AMS”, I hereby expressly authorise “AMS”, its employees, agents / volunteers to:
1. Disclose any information concerning my financial condition and status, including but not limited to income, debts, credits, earnings, assets and residential and work addresses to creditors listed by me unless otherwise required by law, and;
2. Obtain whatever financial information concern concerning me from any creditors, as “AMS” deems necessary and;
3. May obtain a copy of my credit report in order to enable “AMS” to better assess my financial situation and thereby increase in the liquidation of my debt. I understand that said credit report will be the sole property of agency and I will not receive a copy of my credit report. All information contained in my credit report will be considered confidential and used for legitimate business purposes under the Fair Credit Reporting Act.
4. Use a third party to transfer my funds and to receive / send information about my account to / from my creditors.
I agree to deposit with “AMS” my monthly debt payments under the repayment plan negotiated by “AMS”. I agree to make all deposits by standing order or by cheque. For the purpose of accounting and for the disbursal of my funds, I expressly agree to permit “AMS” to combine my funds with the funds of other clients being serviced by “AMS” in a Deposit Account.
“INITIAL ADVICE, NEGOTIATIONS AND PAYMENT”
The Client acknowledges by signing this agreement that “AMS” have made initial proposals that are acceptable to the Client for “AMS” to assist the Client in negotiating the discharge of the Client’s unsecured debts. Contact with creditors will commence only after the first payment has been deposited and funds cleared in the “AMS” client account. “AMS” fully guarantees to refund this fee if “AMS” fails to reduce the Client’s monthly unsecured payments as list on debt schedule number _____________ to a figure of not more than £ __________ per month.
“FEES and CHARGES”
When “AMS” has negotiated and received confirmation (whether written, electronic or verbal) from the Client’s creditors of an acceptable monthly payment “AMS” will:
i. Confirm this either in writing, electronically or by SMS to the Client
ii. Confirm electronically or in writing to the creditor
iii. Pay the relevant amount monthly on the Client’s behalf to the creditor
“AMS” will take the clients first payment into the “DMP” as a fee. All creditors from month 2 will receive an immediate token payment of £5 per creditor – at “AMS” discretion this token payment may be lowered if creditors are in excess of 8 in number. The minimum token payment will never fall below £1 per creditor – to help reduce stressful phone calls and letters from the creditor to the client, the rest of the payment will go to “AMS” as a fee. This is the case for month 3 where again all creditors are paid a token payment of £5 and the rest of the payment will go to “AMS” as a fee , there are no additional upfront fees and no further fees apart from the ongoing administration fee taken from the monthly payment into the clients “DMP” and full and final written settlements negotiated by “AMS” with creditors and agencies both of which are explained in detail below. During the first three months negotiations are in place for all creditors to freeze their interest and to stop charges.
“AMS” will charge an ongoing administration fee of 17.49% of the payments into the “DMP” made for providing this “DMP” service, all other payments will go to the creditors, unless a creditor refuses to freeze interest. If this is the case any monies which would have otherwise gone to that creditor will be held in the client account and paid to that creditor as and when interest is frozen or that debt is passed to a debt collection agency.
“AMS” will provide the Client with a monthly statement outlining the monies paid on the Client’s behalf to the creditors. The Client can, by giving one months notice in writing cancel this agreement. “AMS” will look wherever possible to look for full and final written settlements where unsecured debts have been been passed to a debt collection agency. A fee of 17.49% will be taken from any settlements that “AMS” negotiate on behalf on any debt settlements through full and final written settlements. For example if an outstanding balance is £2000 and this debt is
written off as a full and final settlement at £1000 “AMS” will take 17.49% of the difference between the balance and the full and final written settlement i.e £149.99 as a fee.
In the event that the Client fails to comply with their obligations under this part of the agreement, “AMS” reserve the right to:
i. Cancel the Agreement ii. Notify the creditors of the cancellation
With respect to additional creditor charges and duration of the “DMP”, I understand that estimated finance charges, fee or penalties imposed by creditors may increase my overall indebtedness as well as the length of time required to fully pay my creditors over and above the estimates provided by “AMS”. I further understand that increasing my “DMP” deposit may have a favourable impact on these charges, reducing the amount of time estimated to achieve completion of my “DMP”. Therefore, as it is in my best interest, I will make every effort to increase my deposit whenever possible. “AMS” will provide as precise an estimate as is possible for the duration of the “DMP”.
Termination of agreement:
1. I understand that the agreement can be terminated immediately by “AMS” if it is found that I have provided any false information to “AMS”, or if I have paid creditors on my own, or if I fail to comply with any other provisions, terms or conditions of this agreement. I understand that I can terminate this agreement for any reason by providing written notice to “AMS”. If this agreement is terminated by “AMS”, or me, any money left in my account will be paid to my creditors, unless otherwise required by law. I understand that if my “DMP” is terminated, it is my responsibility to notify my creditors. All payments paid into the “DMP” prior to termination are not refundable.
1. “AMS” agrees to send me periodic statements of payments made through “AMS”. I agree to monitor my statements from creditors to verify that payments have been received and to notify “AMS” of significant differences between balances on creditor statements and “AMS” statements. I understand that I have the right to review my file in the presence of an “AMS” staff member during regular business hours.
2. I understand that though a counsellor may answer questions about bankruptcy, “AMS” does not provide legal advice. If legal advice is needed, I will seek the appropriate assistance.
3. I understand that “AMS” , in its discretion, may make changes to this agreement including increases in monthly services charges , by giving me thirty – (30) days notice.
4. I understand that authorised “AMS” staff or others with legitimate authority to monitor “AMS” practices may review my file for quality assurance, compliance and research purposed. If such a review should occur, I understand that my identity will be kept confidential in any finding.
5. I hereby agree to hold “AMS”, its employees, officers, directors, and agents harmless from any claim, suit, action or demand made by any of my creditors and any other person, which in any matter may arise from any action or inaction taken by “AMS”, or my creditors, in connections with any services rendered by “AMS” for me.
6. I instruct you to provide any information that I have given to you that may be requested by any creditor(s) to whom I owe money and will be considering me for a “DMP”.
Usage of Credit:
I hereby certify that all of my credit cards have either been returned to the creditor, lost, destroyed, or turned into “AMS” for disposal. I voluntarily agree that no further charges will be made on the accounts. In the event that there is no balance on an account, I will request that the creditor close the account. I further understand and agree that I will not apply for, nor will I ask anyone for more credit or assume any new debts without prior “AMS” approval whilst in the “DMP”. I/We acknowledge that I/We have been informed that my/our credit score will be affected adversely when “AMS” commence negotiations/payments with my/our creditors. I/We are aware that our credit rating will be adversely affected.
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