|
WHEREAS
1. Europea de Consultoria y Gestión is a legally constituted
company and one of its main activities is the management of collection
as an employee or through the assignment of credits, under the commercial
names: "esc cobros" and "tuscobros.com".
2. THE CLIENT is interested in contracting the services of Europea
de Consultoría y Gestión so that it might collect the
debt it has pending as CREDITOR.
THEY AGREE TO COMPLY WITH
THE FOLLOWING OBLIGATIONS:
OBLIGATIONS OF Europea de Consultoría y
Gestión:
1. To diligently carry out the arrangements required within its capacities
in order to collect the debts entrusted to it, ether on behalf of THE
CLIENT or in its own name due to the assignment of the credit (an
assignment form is attached), within legality, and respecting the person
and the private life of the debtor. The assignment of the credit will
be revoked at the time THE CLIENT requests this unless the judicial
proceedings are in progress.
2. To keep the information received confidential.
3. To charge for its management exclusively in the event that it achieves
some collection of the debt pending:
For debt under to €30,000, a percentage of the amount collected
will be charged:
· 20% if it is resolved amicably.
· 35% if it is collected through the Legal Department.
For debt over €30,000, a lower percentage will be fixed depending
on the amount.
For debt under €350 or pending for over four years, a single 40%
is applied.
The percentage is applied to the total amount collected (principal,
interest, tax, expenses etc.).
Once Europea de Consultoría y Gestión considers
that the amicable proceedings have terminated with no probability of an
agreement, the dossier will be passed to the Legal Department.
4. After again requesting payment, if the debt is not settled, the Legal
Department will inform THE CLIENT of the options available (inclusion
of the debtor in the ASNEF Register of Bad Debt, the filing of a judicial
claim etc.) and the costs which this may give rise to. In the light
of this information, if THE CLIENT decides not to continue with the collection
work, there will be no expenses, nor will THE CLIENT have to pay for the
work done up t that time. If judicial proceedings are initiated, the
main expenses, which are the fees of the lawyer, will be paid by Europea
de Consultoría y Gestión, while THE CLIENT must
assume other expenses if there are any (taxes, procurator, embargos etc.).
The Legal Department can determine the provisional suspension of the
case, when, in the light of the study carried out and the data obtained
on the debtor, it concludes that this is prudent in order to avoid unnecessary
expense.
5. To keep THE CLIENT informed of the steps taken and new data
which might be of interest.
6. To deliver the amounts collected - whether there has been assignment
of credit or not -, discounting the total of the invoice which Europea
de Consultoría y Gestión will issue to THE CLIENT
for the percentage of the amount collected plus V.A.T., within a maximum
period of 15 days from the date it is obtained unless another time period
is agreed to. If the amounts recovered are obtained in partial payments
of the total debt, settlement will be deferred until a minimum of €250
is obtained unless the creditor takes responsibility for the bank invoicing
and settlement expenses.
OBLIGATIONS OF THE CLIENT:
1. To provide ESC with all the data and documentation it has regarding
the debt pending collection by fax or e-mail. It will be responsible for
the information provided being true, exact, complete and up to date. It
must expressly notify SC if the collection of the debt has previously
been entrusted to a third party. The original documentation will be kept
by THE CLIENT, and must be handed over to Europea de Consultoría
y Gestión when required.
.
2. To accept the financial conditions set out in this contract.
3. THE CLIENT must not entrust Europea de Consultoría
y Gestión with the collection of debts which are under commercial
discussion due to its failure to comply with the debtor. In addition,
it will pay the expenses incurred in the event that the debt involved
is fraudulent or there is some reason for being judicially condemned due
to its claim.
4. To keep Europea de Consultoría y Gestión informed
of new data and circumstances which might arise and affect the collection
work (localisation of the debtor, data on solvency, clients, credit entities
the debtor operates with, etc.).
5 To inform Europea de Consultoría y Gestión of
any steps it takes, either on its own initiative or on the initiative
of the debtor, in order to settle or defer the debt. While this contract
is in force THE CLIENT cannot entrust the collection of the debt
to a third party.
6. To notify Europea de Consultoría y Gestión, as
soon as possible and within a maximum period of 15 days, of any partial
or total collection which might be made of the debt entrusted to Europea
de Consultoría y Gestión. This obligation must be complied
with with special diligence if the debtor has been included in the ASNEF
Register of Bad Debt or if a judicial claim has been initiated.
|