Terms of Business
This formal statement indicates the basis on which PRMS Limited (“PRMS Ltd”) carries out professional services on behalf of clients. We ask you to note and acknowledge these terms and conditions to show your agreement to them. No amendment to these terms and conditions is valid unless it has been agreed by us in writing. Clients are deemed to accept our terms and conditions automatically when using any of our services.
1. HOURS OF BUSINESS
1.1 The normal hours of opening are between 9.00am and 5.30pm on Monday to Friday. Appointments can be arranged outside those hours when essential to the interests of a client.
2. RESPONSIBILITY FOR THE WORK
2.1 The fee earner (person dealing with your case) who is primarily responsible for the conduct of your transaction or case is as indicated in the letter accompanying these Terms. The status of that person will also be identified. The Fee Earner of this firm with ultimate responsibility for the work in the relevant department will also be shown in the covering letter. Where the Fee Earner is personally dealing with the matter there may be no delegation to another fee earner.
2.2 We aim to offer all clients a friendly and efficient service. If however any difficulty should arise, you should first raise the matter with the fee earner assigned to your case. If any difficulty remains, you may refer to the Managing Director.
2.3 PRMS Ltd reserve the right, once instructed, to be deemed the sole provider of debt recovery/credit control/cashflow management consultancy services for the client. Should the client instruct another firm to carry out the above-mentioned services either contemporaneously or subsequent to instructions provided, PRMS Ltd will issue an invoice for all work completed and also for the full recovery fee in regards to debt recovery. In relation to credit control & cashflow management consultancy, PRMS Ltd will raise an invoice for the agreed full cost of the project or assignment.
3.1 Unless and until either an alternative fee arrangement has been agreed and confirmed in writing by us, the basis for calculations of our fees is described below and is mainly by reference to the time spent by the Fee Earner and staff dealing with the transaction or case; the time charged being all time spent on the client’s affairs. This will include attendances upon the client and perhaps other people involved in your case; time spent travelling, reviewing, responding to correspondence; general administrative tasks related to the case e.g. telephone calls, emails, photocopying, and postage.
3.2 Each Fee Earner’s time is charged at an hourly rate. Routine letters sent out are charged at 6 minutes a page; telephone calls in 6-minute units and consideration of letters received at 6 minutes per page.
3.3 The current hourly rates are set out at our website, www.prmsltd.co.ukPlease note that for the avoidance of doubt, VAT will be charged and added to the invoice where and when applicable. When a matter becomes defended, there will be a variation in the fees structure payable by the client. Details of this can also be found at our website.
3.4 Where work is carried out outside our normal office hours, we reserve the right to increase the level of the hourly rate.
3.5 The hourly rates set out are normally reviewed annually to take effect from the 1st January and take account of changes in overhead costs. Details of any revision of rates occurring during the continuance of a case or transaction will be supplied to you as soon as possible prior to this date. These rates may be revised in cases of exceptional complexity or urgency. Where it becomes apparent that such circumstances exist, we reserve the right to terminate the retainer unless revised rates are agreed in substitution.
3.6 In transactions involving a substantial financial consideration or benefit to the client, fees may be calculated both by reference to the time spent and also by reference to a value element based on e.g. the value of the transaction, the size of the transaction or the value of the financial benefit. The value element reflects the importance of the transaction and the consequent responsibility falling on the firm
3.7 Disbursements include payments made by us on behalf of the client e.g. for such items as Court fees, Counsel’s fees, fees for tracing reports, search fees, Land or Probate Registry fees etc. We have no obligation to effect such payments unless funds have been provided by the client for that purpose. VAT is payable on certain disbursements.
3.8 Fees are payable whether or not a case is successfully concluded or a transaction completed. If any case or transaction does not proceed to completion for any reason during the period in which PRMS Ltd are instructed, then we shall be entitled to charge for work already completed on the basis set out above.
4. ARRANGEMENT FOR PAYMENT OF FEES
4.1 It is normal practice before work commences, to ask clients to pay sums of money from time to time on account of the disbursements, which are anticipated in the following weeks or months. It is helpful if clients meet such requests with prompt payment to avoid any delay in the progress of their case.
4.2 In transactions or cases likely to continue for more than one month, interim accounts covering the work already carried out will normally be rendered monthly. This procedure enables clients to budget for costs as the matter progresses.
4.3 In the event of any account or request for payment on account not being paid, we reserve the right to decline to act further in the case. The full amount of work done up to that date will be the subject of a final account rendered and will be a debt due from the client.
4.4 If an invoice is outstanding for more than 30 days or if there is more than one unpaid invoice then we reserve the right to put your matter on hold until the account is brought up to date. We will give at least seven days notice of our intention to cease work in order to provide you with an opportunity to bring the account up to date.
4.5 Fees are payable on delivery of our invoices. In the event that our client receives payment of a debt direct from their debtor, the recovery invoice payment due to PRMS should be made within 24 hours of our client having received cleared funds.If our client fails to make payment direct to our bank account within the 24 hour period, PRMS reserves the right to charge a late payment fee, plus interest and any associated costs, at the prevailing rate under The Late Payment of Commercial Debt Regulations 2013.
4.6 Our fees are payable when our invoices are rendered for payment by cash, cheque or Bank transfer.
4.7 If payment of fees is not made within the specified period of time PRMS Ltd reserve the right to issue proceedings in the County Court for the recovery of the outstanding amount with additional costs and interest as quoted in the Late Payments of Commercial Debts (Interest) Act 1998. Such costs and fees in conjunction with the recovery of the outstanding, will be added to the outstanding invoice and will be payable by the client.
4.8 If the work that we undertake for you involves any form of representation and you then decide to act for yourself, then we will require that you sign a Notice of Acting or a similar document to transfer the conduct of the proceedings from us to you in person. In the event that our invoices remain unpaid, then we reserve the right after giving you seven days notice of our intention to do so, to file or serve the Notice removing PRMS Ltd from the record. This will remove from us the responsibility to continue to act on your behalf in respect of that Court, Tribunal or other body.
4.9 If you (the client ) choose to settle your case for the full amount (via instalments or some other method ) and this arrangement is made direct with the debtor, then the full recovery fee is still payable to PRMS Ltd as if the matter had run its full course. As a result, our full recovery fee invoice will be payable immediately once PRMS Ltd has ceased to act for you in your matter.
5. COSTS RECOVERED
5.1 In some litigation cases a successful client may be entitled to the payment of costs by some other party to the proceedings. However, it is rare for the system of assessment of costs, as it is known, to result in the other party having to pay the full amount of the costs incurred by the client with their own Solicitor. If the other party is in receipt of legal aid no costs are likely to be recovered.
5.2 In the event that a client is successful and costs are awarded against the other party, interest can be claimed on those costs against the other party as from the date on which the order for costs was made. To the extent that any of the fees and disbursements of PRMS Ltd have been paid on account by the client, we will account to the client for such interest but will otherwise be entitled to retain it.
5.3 Clients must note that the primary liability for costs incurred with PRMS Ltd is that of the client even in a case where it is expected that an order for costs will be obtained against another party. Furthermore, the costs of the assessment of costs and of seeking to enforce any such order for costs against another party has to be met by the client.
5.4 It is a condition of our retainer that any monies we receive on your behalf will be used to clear any outstanding invoices including disbursements before such monies are forwarded on to you. This includes any outstanding invoices due to us from you in other unrelated matters. We will not forward monies to you until our invoices are cleared and you agree not to approach any third party direct in order to arrange for payment to you with a view to circumventing this requirement.
6. DATA PROTECTION.
6.1 We are fully compliant with the Data Protection Act in respect of records that we keep or use with regard to you and your case. By retaining us, you give us your consent to access Data Protected by the Act. This consent by you is irrevocable until the work is completed and all our invoices are paid. For the avoidance of doubt, your consent includes giving us your permission to access protected data in order to contact you should we lose touch before the matter is concluded and paid for.
7. STORAGE OF PAPERS AND DOCUMENTS
7.1 Following the conclusion of a transaction on behalf of clients, PRMS Ltd will retain the client’s file of papers for such a period as they shall deem appropriate in their absolute discretion. A client who requires such papers to be kept for any specific period shall give notice in writing to PRMS Ltd to that effect, and, in the event of such notice being given, we reserve the right to require the client to take personal custody of the papers. Papers will be released to the client when our invoices are rendered for payment by cash, cheque or Bank transfer.
7.2 PRMS Ltd provide a safe custody to clients and no charge will be made to the client for such storage unless prior notice in writing is given to the client of a charge to be made from a future date to be specified in that notice.
7.3 Where stored papers are retrieved from storage by PRMS Ltd in connection with continuing or new instructions to us to act in connection with the client’s affairs, normally no charge will be made for such retrieval. However, we reserve the right to make an administrative charge based on time spent in retrieval and any perusal, correspondence or other work necessary to comply with the instructions given by or on behalf of a client or former client for whom papers are stored.
8. INTELLECTUAL PROPERTY
8.1 All documentation and/or media created, designed or drafted by PRMS Ltd in the process of carrying out its business is considered the sole intellectual property of PRMS Ltd and not available for release or dissemination by either virtual, analogue or digital media to clients or third parties unless a minimum fee of at least one hours chargeable time is paid in advance and subsequent to the payment in full of any outstanding invoices due to PRMS Ltd.
8.2 Unless otherwise agreed, your continuing instructions in this matter amount to an acceptance of these terms and conditions for business.
9. FUTURE INSTRUCTIONS
9.1 Unless otherwise agreed, and subject to the application of current hourly rates, these Terms and Conditions of Business shall apply to any future instructions given by you to PRMS Ltd.
9.2 Unless otherwise agreed, your continuing instructions in this matter amount to an acceptance of these terms and conditions for business.