SERVICE LEVEL AGREEMENT 2011
Collections and Trace Services
COLLECTIONS
SUPPLY OF SPECIFIED SERVICE – VILCOL WILL SUPPLY THE CLIENT THE SERVICE AS
OUTLINED BELOW OR AS AMENDED FROM TIME TO TIME BY AGREEMENT BETWEEN
THE PARTIES.
COLLECTION PROCEDURE
1.1
1.2
1.3
1.4
1.5
1.6
1.7
1.8
1.9
Vilcol shall carry out the Collection of unpaid accounts by recognised methods in
accordance with, and pursuant to, all relevant legislation, regulations and accepted trade
practices. Vilcol shall at all time act in accordance with all relevant current legislation, the
Data Protection Act and the current Code of Practice of Office of Fair Trading and the
Credit Services Association Limited.
The collection strategy can be designed by the client and all changes from the Vilcol
standard strategy should be stipulated in the contract or quote. The content of letters, the
periods between letters, the content of collection calls, the duration of the collections
procedure, and the content & layout of activity reports can be specified. The action after
the collection procedure ceases can also be stipulated for example moving to doorstep or
litigation. In the absence of a client strategy the following Vilcol standard collection
strategy will apply.
Vilcol is prepared to negotiate penalty clauses if required, based on allowing Vilcol a
reasonable time to get up to speed with the type of work and working practise of a new
client, before benchmarking against competitive agencies.
Upon receipt of your written instructions the cases are placed on the Vilcol Collections
System and the collections procedure starts.
The client instructions can be sent by post or email; all additional relevant documents are
scanned or imported to our management information system MIS.
The first collection letter is sent out on the first working to all addresses supplied, unless
otherwise stipulated. The cases with telephone numbers are automatically put into the
telephone pool and all supplied telephone numbers are scheduled for immediate telephone
calling.
After the first collection stage all the supplied information is compared with an up to date
internet based telephone numbering system. This supplies new addresses and telephone
numbers. These are added to the existing MIS information.
When the first stage of the collection strategy includes a trace, for example in a Trace &
Collection strategy. The matters are loaded on the collections system then sent to the
Trace department for electronic tracing. The no traces are returned to the client. They can
be manually traced if specified in the T&C strategy or procedure.
The new addresses are identified as such and added to the original instructions on the MIS
system. They will be sent letters and telephoned the next working day.
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1.10
1.11
1.12
1.13
1.14
1.15
1.16
1.17
1.18
1.19
1.20
1.21
1.22
1.23
1.24
If telephone contact is made with the debtor then the full amount will be demanded or, if
this is not a viable option, a realistic repayment schedule will be discussed between Vilcol
and the debtor. Vilcol will, if appropriate, discuss the repayment schedule with the client
prior to acceptance.
All gone away and returned not at this address cases are then removed from the system
and referred to the client. They are either return to the client or sent to the Trace
department for an optional manual trace for a separate fee.
The second collection letter is automatically sent according to the collection strategy in 1.2
above or in the Vilcol strategy after seven days, to the main addresses if no telephone
contact is possible.
If telephone contact is made with the debtor then the full amount will be demanded or, if
this is not a viable option, a realistic repayment schedule will be discussed between Vilcol
and the debtor. Vilcol will, if appropriate, discuss the repayment schedule with the client
prior to acceptance.
All gone away and returned not at this address cases are then removed from the system
and referred to the client. They are either return to the client or sent to the Trace
department for an optional manual trace for a separate fee.
The third collection letter is automatically sent according to the collection strategy in 1.2
above or in the Vilcol strategy after fourteen days.
If there is still no contact after a further seven days, twenty one days after the first
instructions the Vilcol collection procedure ceases. If the debt is over £750 a fourth further
letter or Insolvency letter is despatched to the address or as specified in the collection
strategy in 1.2 above.
When we receive a response from the debtor and a payment in full is not possible, a
repayment schedule will be entered into upon the receipt of a written Statement of Means
from the debtor. If the debtor states they are unemployed or on Income Support, Family
Credit etc., then documentary proof is required. .
If there is a dispute on the account, we will make enquiries to resolve the dispute. This
may involve us requesting further information from the Client.
Debtor complaints are investigated by the collections manager and reported according to
the Vilcol ISO 90001, 2000 standard procedure. Customer complaints are dealt with in a
similar manner directly by the managing director.
Once the collection procedure ceases the cases are referred back to the client. They can
then be moved for example in to a doorstep procedure or legal collections procedure, these
attracts different commission rate see schedule One.
In the event of the debtor not making any repayment, repayment proposals, or not
responding to our payment demands, the Client can request us to place the account in
Debt Surveillance, where it will be compared with new credit applications every six months,
this attracts a different commission rate see schedule One.
The Client shall afford all reasonable assistance to Vilcol in respect of the submitted cases.
Matters can be requested to be returned to the client free of charge up to five working
days from initial instruction. Thereafter it is deemed that the contracted collection
procedure has commenced and all monies paid directly to the client or Vilcol and shall
attract the agreed commission rate in schedule one.
Our Fee for this service is as per Schedule One the contents of which form a legal and
binding part of this contract.
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LEGAL COLLECTIONS
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Litigation, if required, will be a separate collection procedure and invoiced as per current
Woolf Reform rates and the current County Court Fees. Vilcol will claim commission on
collected monies as before.
AGREEMENT
3
This Agreement shall commence on the date which appears at the bottom of the
Agreement and shall continue in force unless terminated by either party by giving one
months written notice to terminate.
3.2
Unless otherwise required by written notice from the client Vilcol shall continue to provide
Services in accordance with this Agreement in relation to all cases placed with Vilcol at the
time of the Agreement.
3.3
Should either party terminate the Agreement all accounts held by Vilcol will, within a
reasonable time, be returned to the client. All outstanding monies due will be invoiced
immediately and paid within 28 days.
PAYMENTS
4.1 Vilcol will pay all monies recovered from the debtors into a nominated bank account, details
of which will be provided on request to the Client by Vilcol, which will be held separately
from the Agency’s money no later than 1pm. on the same day where monies are received
prior to 12 noon on that day or, where monies are received after 12 noon, on the following
day.
4.2 All monies recovered from the debtors subject to the conditions more particularly described
in Schedule One of this Agreement shall be paid to the client at the end of each accounting
month or at such periods as agreed in writing by the parties.
4.3 The cancellations or re-calls of matters, will be Free of Charge up to 5 calendar days from
receipt of instructions. When an account is re-called after 5 calendar days our commission
is due in full see Schedule One.
4.4 Commission is due on all monies paid directly to Vilcol or the client for all matters where the
collection procedure has commenced five working days from instruction.
COLLECTION REPORTS
5.1 We will also report to you on:5.2 New addresses located (in accordance with the Data Protection Act current legislation), and
Close Out reports.
5.3 There are optional special activity reports, that can be supplied as an when requested.
These can be used for batches of trial work or for annual reviews.
5.4 If any further information is required from you, a response by fax or e-mail is required by us
within five working days or within such time as both parties agrees as acceptable.
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Service Level Agreement
TRACE
SUPPLY OF SPECIFIED SERVICE – VILCOL WILL SUPPLY THE SERVICE AS OUTLINED BELOW OR
AS AMENDED FROM TIME TO TIME BY AGREEMENT BETWEEN THE PARTIES.
6.
6.1
6.2
6.3
6.4
6.5
6.6
6.7
6.8
6.9
6.10
6.11
Vilcol shall carry out the Specified Service by recognised methods in accordance with, and
pursuant to, all relevant legislation, regulations and accepted trade practices. Vilcol shall at
all times act in accordance with all relevant current legislation and the Data Protection Act
1998.
Upon receipt of your instructions the trace is placed on the Vilcol System and the tracing
procedure starts.
In all instances of tracing the gathering, storing and reporting of all information will be in
accordance with the Data Protection Act as amended.
Where a new address is ascertained this will be confirmed whenever possible through a
minimum of two sources.
Where the supplied address is found to still be current this will be confirmed through a
minimum of three sources.
Where our investigations prove unsuccessful you will be furnished with a full account of our
findings without charge.
All tracing will be completed within a maximum of thirty days from receipt.
On occasions that you may require a recheck, we will seek confirmation of our original
information from different sources and respond within 10 days. If, after further
investigation, we find that our original information is incorrect, but are able to confirm the
subject’s current address, this further report will be forwarded to you under the auspices of
the original invoice and be covered by our original invoice. In the circumstance that we find
our original information is incorrect, and are unable to confirm the subject’s current
address, we will issue you a credit. In the circumstances that we find our original
information is correct you will be charged a trace fee for the re-working of that case
(subject to service level agreement).
The charge for our tracing service is as per attached schedule and forms a legal and
binding part of our agreement.
There is no charge for unsuccessful traces.
Vilcol agrees to accept your instructions in paper, computer disc format or electronically.
7.
We aim to offer an efficient and effective service and will deal with your business in a
competent and professional manner with care and diligence
8.
Persons of management/signatory level will conduct a review between both parties every
three months.
9.
The client shall afford all reasonable assistance to Vilcol in respect of the submitted cases.
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This agreement shall commence on the date which appears at the bottom of the
agreement and/or as defined by discussions by both parties and shall continue in force
unless terminated by either party by giving one months written notice to terminate.
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11
Should either party terminate the agreement all traces held by Vilcol will, within a
reasonable time, be returned to the client with an invoice for work completed to the
effective date.
12
If any further information is required from you, a response by fax or e-mail is required by
us within five working days.
ADDITIONAL SERVICES
13.1 The client may, at any time during the currency of this Agreement, request Vilcol to carry
out additional services as agreed between the parties from time to time.
13.2 The parties shall agree the remuneration for any additional services prior to Vilcol taking
action on such instructions as may from time to time be issued.
13.3 For the avoidance of any doubt any additional services shall be carried out in accordance
with this Agreement subject to such amendments as may be agreed in writing between the
parties.
NOTICE
14. Any notice given under this Agreement shall be in writing and shall be delivered by hand or
sent by first class mail or facsimile transmission addressed to the relevant party at the address
given at the foot of this Agreement or such other address as may be notified for such purpose
and shall be deemed served, if by hand, when delivered, if by first class mail, three days after
date of posting and if by facsimile transmission, when despatched as evidenced by positive
transmission report.
DISCLAIMER
15. Nothing in this Agreement shall create:I. A sole agency collections Agreement.
II. Employment of Vilcol within the meaning of the employment legislation or as amended or
as re-enacted from time to time.
III. A partnership within the meaning of the Partnership Act 1890 or as amended or reenacted
IV. A joint venture between parties.
DATA PROTECTION ACT
16. Vilcol will not be responsible for breaches of the Data Protection Act 1998 which may be
deemed to have arisen as a result of the original information passed to us which we, under
current legislation, are permitted to use. All matters relating to original information and its
compliance with the Data Protection Act 1998 remain with the Client.
LEGAL
17. This Agreement shall be governed by the laws of England and Wales and the parties submit to
the exclusive jurisdiction of the Courts of England and Wales
Village Investigations Ltd T/A Vilcol
Vilcol House,
97 Ewell Road,
Surbiton
Surrey
KT6 6AH
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