Reference Number*
Client Reference/Account Number
Address of Premises*
(as appears on the Lease being the commercial premises at which CRAR may be exercised)
Additional Instructions
Including any information such as further addresses to attend at and details of any specific asset of debtor, etc.
Terms and Conditions:
To exercise CRAR (Commercial Rent Arrears Recovery) pursuant to Section 73(8) of the Tribunals, Courts and Enforcement Act 2007 and the Taking Control of Goods Regulations 2013, for the recovery of the rent and enforcement costs as the Law directs.
This shall be your sufficient authority and indemnification against all actions at Law, as well as against all costs, charges or expenses which you may incur or be liable to pay by reason of your executing this enforcement,
in accordance with our published fee schedule and any other expenses in instructing third parties. Fee Schedules
We hereby undertake not to hold you accountable for any goods forcibly or clandestinely removed.
Should any cheque or credit card payment collected by you, be recalled by the bank or credit card company after you have paid funds over to us, and for reasons beyond your control, we shall repay those funds to you immediately and deem that rent to be still unpaid.
Enforcement fees in relation to CRAR are regulated by the Taking Control of Goods (Fees) Regulations 2014 and we charge VAT at the appropriate rate. Where a payment arrangement is entered into (with a debtor or third party), we will retain the compliance fee of £75 + Vat first of all pursuant to the Taking Control of Goods (Fees) Regulations 2014. The remaining monies collected will be distributed proportionally between Court Enforcement Services Limited and the Creditor on a pro-rata basis (again pursuant to the Taking Control of Goods (Fees) Regulations 2014) in payment of the enforcement fees and the amount due to the Creditor.
The Instructing Client must ensure that Court Enforcement Services Limited are notified immediately if a payment is received directly from the Debtor and/or a settlement has been agreed in order that a pro-rata calculation or apportionment of the enforcement fees can be applied, again pursuant to the Taking Control of Goods (Fees) Regulations 2014.
NB: Late payment charges will be applied to all our overdue invoices in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 (As Amended).
CONSENT AND NOTICE REGARDING ELECTRONIC INSTRUCTIONS TO COURT ENFORCEMENT SERVICES.
Electronic Signature Agreement.
By submitting these instructions to Court Enforcement Services Limited you are signing this document electronically. You agree your electronic signature is the legal equivalent of your manual signature on this Agreement.
By submitting this instruction document you consent to Court Enforcement Services Limited acting as Certificated Enforcement Agents on your behalf.
You further agree that your use of a key pad, mouse or other device to select an item, button, icon or similar act/action, or to otherwise provide Court Enforcement Services Limited with instructions via our client web portal or online instructions constitutes your signature (hereafter referred to as "E-Signature"), acceptance and agreement as if actually signed by you in writing.
You also agree that no certification authority or other third party verification is necessary to validate your E-Signature and that the lack of such certification or third party verification will not in any way affect the enforceability of your E-Signature or any resulting contract between you and Court Enforcement Services Limited.
You also represent that you are authorised to provide these instructions on behalf of the creditor and will be bound by the terms of this Agreement.
You further agree that each use of your E-Signature in instructing Court Enforcement Services Limited constitutes your agreement to be bound by the terms and conditions of the authorisation to act as enforcement agent of Court Enforcement Services Limited as they exist on the date of your E-Signature.
