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IVA Terms & Conditions

1. Definition of Terms

You - Our client, the person entering this legal arrangement.

Us and We – Barringtoncooper Ltd - Registered Office: Thornfield House, Delamer Road, Bowdon, Altrincham, Cheshire WA14 2NG Companty registration number 6934577 DPA z1909767 (Or anyone to whom We transfer our rights and obligations to whilst party to this agreement).

Creditors - Any and all of your unsecured creditors whose details You will provide to Us who are included in your Individual Voluntary Arrangement.

Financial Statement - Details of your incomings and outgoings, dependants and creditors.

Legal Arrangement - A legally binding arrangement between You and Your Creditors.

Setup Fee – We do not charge any set up fee for our sevices.

2. Agreement

2.1 - You have asked Us and We have agreed to introduce You to an Insolvency Practitioner who may or may not be employed by us.

2.2a - This Agreement will start once You confirm your acceptance of these terms by returning the necessary forms of authority.

2.2b - This Agreement will start on receipt by to us one we have received your signed authority allowing us to act on your behalf.

2.2c – Upon acceptance of the IVA at meeting stage we will receive a commission from the Insolvency Practioner of which more details can be supplied upon request.

3. Your Responsibilities

3.1 - You will provide to Us on request with information relating to your finances. This will include but will not be limited to details of your income and expenditure, your Creditors and any agreements You have with them, any loans or mortgages You have, your dependants and any judgements made against You or any other enforcement action being taken against You.

3.2 - You will sign any necessary forms of authority or any other documents so that we may negotiate with your Creditors on your behalf.

3.3 - You will pass or originals or copies of all correspondence from your Creditors to Us and keep Us informed of any dealings You have with any Creditors, whether we are negotiating with them or not. Once the Legal arrangement has been agreed, You will not make any expenditure over and above your reasonable living expenses as calculated in the Financial Statement. You will not use your credit cards nor incur further debts.

3.4 - You will agree to supply any further information that is fundamental to the establishment of the arrangement and is reasonably required. Failure to supply such information or the supply of false or fraudulent information will result in the arrangement being rejected and the termination of this agreement. If the agreement is terminated under these circumstances You will be responsible for all reasonable costs incurred by Us and our preferred Insolvency Practitioner.

4. Our Responsibilities - We Will

4.1 - We will place you with our chosen insolvency practitioner who will open negotiations on Your behalf with a view to undertaking an Individual Voluntary Arrangement with Your creditors.

4.2 - We and our preferred Insolvency Practitioners, will use all reasonable endeavours to obtain a satisfactory arrangement with Your creditors on Your behalf.

4.3 - We will ask You to agree to notify Us as soon as possible of any material changes in Your circumstances. We will further ask You to agree that We can review the terms and conditions of the Agreement and Your financial situation following Your notifying Us of such changes in Your circumstances. Should such a change in circumstances prevent Us from continuing to act for You, We agree to return all Your paperwork to You as soon as practicable. In these circumstances We shall have the right to deduct any reasonable costs incurred to date from any refund due to You.

4.4 - If, for whatever reason, you do not enter into an Individual Voluntary Arrangement, we may refer other services to you. If for any reason you decline these other services We agree to return all Your paperwork to You as soon as practicable.

5. Our responsibilities – We Will Not

5.1 - We will not lend you any further monies or offer credit facilities.

5.2 - We will not be able to assist on secured debts such as secured loans, mortgages, hire purchase plus any other similar debts.

5.3 - We will not give You legal advice.

6. Termination of agreement

6.1 - If for any reason You wish to cancel we ask if you could contact Us to either by phone, letter or email to notify us of this and we will return in documentation to you.

6.2 – As we don’t take any fees from you then a 14 day and refund policy will not apply however once any payments are made to the insolvency practitioner we introduce you to, these payments may be non refundable. Please check any paperwork relating to your IVA for guidance.

6.3 - We may end this agreement by giving You four weeks notice in writing if any one of the following things happens:

6.3 - (i) - You breach this agreement and do not remedy the breach within seven days of our bringing the breach to your attention;

6.3 - (ii) - A bankruptcy petition is issued against you;

6.3 - (iii) - Where the information provided to Us is knowingly incorrect;

6.3 - (iv) - The information provided by You at the time of acquiring a loan (HP agreement, credit cards or any other form of credit) is deemed incorrect or fraudulent by any creditor; or

6.3 - (v) - If we are affected by Force Majeure.

6.4 - Upon Termination of the Agreement, You will still be liable for any amounts outstanding that is owed to your creditors over and above the payments made to them during the Arrangement.