The Client will give written instructions using the standard instruction form provided by NZ Creditmens Assn (Nelson) Ltd (Creditmens Nelson).
Creditmens Nelson will carry out recoveries or instructed actions on your behalf and are thus authorised to do so effective immediately upon receipt of instructions.
The Client agrees to pay a disbursement fee of $20.00 plus GST on each instruction, the Client also agrees to pay a commission of 25% plus GST on any monies paid. This charge relates to any funds recovered by Creditmens Nelson or payments made direct to a client or a client obtaining a benefit in any way from the actions of Creditmens Nelson after a debt has been listed with us. If the client closes a file or accepts an arrangement for payment or payment is made direct to the client or payment has been made prior to the debt being handed to Creditmens Nelson and our investigations find that a payment has been received by the client then full commission will be payable to Creditmens Nelson. In the event that payment is made direct to the Client, Creditmens Nelson will issue a charge to the Client for their fee upon notice to Creditmens Nelson that those funds have been paid. All accounts are payable by the 20th of the month of being issued. Legal fees, Personal Visits, Repossessions, Tracing and Searches, once authorised are payable by the client.
In the event that funds are received by Creditmens Nelson, this agreement allows Creditmens Nelson to deduct its respective commissions, fees, disbursements and GST out of the monies collected on behalf of the client from those funds the balance of the money owing to the client will be paid at the end of each month following on cleared funds only.
The Client also agrees to refund to Creditmens Nelson any funds deposited and subsequently paid to them that may not be cleared funds. Should the bank subsequently not honour the relevant transaction(s), the Client undertakes to pay any such amount upon demand.
If full payment of the amount outstanding is not paid details of the account may be referred to a Credit Reporting Agency.
The Client agrees to indemnify Creditmens Nelson and such other persons as they may instruct against all losses, costs and expenses, liabilities, actions and proceedings:
(a) Arising out of any repossession or seizure of assets carried out on behalf of the Client;
(b) Arising out of any action taken by one or both of them to give effect to the instructions of the Client
(c) Concerning the information or the use of information supplied to Creditmens Nelson by the Client
That in issuing any instructions to Creditmens Nelson the Client confirms and acknowledges that they have the due and required authority to settle and instruct Creditmens Nelson to carry out a credit report and history inquires upon the debtor unless otherwise specified in writing at the time of instruction. All liability for such instruction and request in relation to the Privacy Act rests with the Client.
In issuing any instruction to Creditmens Nelson the instructing person confirms that they are fully authorised to issue such instructions on behalf of the entity that they represent.
That in issuing instructions to Creditmens Nelson the Client again agrees that they have read and understood and agree to abide by Creditmens Nelson’s terms and conditions of trade.
That in the event of non payment by a client any invoices / statements presented by Creditmens Nelson for collection / investigative services, Creditmens Nelson reserves the right to add collection costs of 25% plus GST, plus all costs associated with, or incidental to the recovery of outstanding monies. Furthermore, a penalty overdue fee of 2.5% per month will be incurred in addition to the original outstanding.