1.1 THE CLIENT shall be the person who hands over to Able Tracers, debtors for collection of outstanding debts
1.2 ABLE TRACERS is the partnership known as Able Tracers & Debt Collectors (here after referred to as Able Tracers)
1.3 COLLECTION COMMISSION is the amount that Able Tracers is entitled to by virtue of the process of collecting the debts due to the client
1.4 CAPITAL is the amount due to the client by the debtor
1.5 DEBT being the amount due by the debtor to the client
1.6 DEBTOR is the person that owed the client the capital amount
1.7 HAND OVER is the act by the client of handing over the capital for collection
1.8 THE ACT means the Debt Collectors Act, 1998 (Act no. 114 of 1998)
1.9 DATE OF HANDOVER is the date on which clients hand over the debtor for collection.
THE FOLLOWING TERMS AND CONDITIONS SHALL GOVERN THE RELATIONSHIP BETWEEN THE CLIENT AND ABLE TRACERS:
2. COLLECTION COMMISSION
2.1 Able Tracers shall be entitled to collection commission excluding VAT, of the capital amount handed over for collection. Our commission rate will vary depending on volume of instructions, age of accounts and balances due.
2.2 Able Tracers will only on successful collection, pay over to the client on the portion of the capital amount collected, less the agreed collection commission on that particular capital amount.
3. TRUST STATEMENT REPORTING
3.1 Able Tracers undertakes to account the client on a monthly basis, as necessary, on successful collection of the capital amount collected in order to claim the pre-arranged collection commission per said debt.
3.2 Able Tracers undertakes to settle such reporting by means of a cheque made out to the client on a monthly basis, should any money be due to the client.
3.3 Such statements will reflect the clients account/reference number, date of payment, name of debtor and the amount on the capital collected, commission due and current outstanding capital balance.
3.4 Should such monthly reporting, however, indicate an amount due to Able Tracers for any reason whatsoever, for example, withdrawal of accounts by client, payments made directly to the client etc. Debit statements are due on receipt of invoice.
3.5 Able Tracers will have the right to offset the amount claimed and not paid by the client on a particular month to deduct from the current month in order to recoup the outstanding amount.
3.6 Able Tracers will have the right to charge the client interest on any overdue account at a rate of 2% per month.
3.7 Able Tracers will have the right to withhold any cheques due to the client should it so happen that, that particular client has any outstanding debts assigned to Able Tracers for collection by another client. Such monies due will then be allocated accordingly in order to offset such monies due to that particular account or accounts.
4.1 Able Tracers reserves the right to collect from the debtor, all necessary expenses incurred and/or to be incurred as provided for in the Sections and Rules of the Statues of South Africa.
4.2 Able Tracers undertakes to be at risk for collection of the handed over amounts and will therefore bear all expenses incurred, except for defended matters.
4.3 It is recorded that Able Tracers incur substantial expenses in order to collect the debts due to the client and should it transpire that the debtor, as on the date of handover was deceased, unemployed, bankrupt, insolvent, under administration order then the expenses incurred by Able Tracers will be for their own account.
4.4 Able Tracers on receiving a payment from a debtor will have the right to allocate such payments towards interest accrued by Able Tracers, secondly to expenses and thirdly to the capital amount outstanding.
5. DIRECT PAYMENTS TO YOU
5.1 Able Tracers will request all debtors to make payments at their offices situated at "Collection House" 22 Harrower Road, North End, Port Elizabeth. It may happen from time to time that debtors or their representatives, insist to make such payments at that of the client on which the client may bank such deposits.
5.2 In such an event, the client therefore undertakes to co-operate with any such payments received by him/her and report such payments within twenty four (24) hours to Able Tracers in order to minimize expenses, adjust the balance of the debt and to claim collection commission.
5.3 The client undertakes not to accept any payments from the debtor should that particular debtor be forwarded by Able Tracers to attorneys for legal action.
5.4 The client will bank such payments and Able Tracers will claim their collection commission on the payment amount, which will be deducted by Able Tracers from payments made to Able Tracers.
6. WITHDRAWAL OF ACCOUNTS
6.1 The client reserves the right to withdraw the debt or any part thereof, only if the handover of that particular debt was due to an administrative error on the part of the client and within seven (7) days after the handover date. No collection commission will be charged on such a withdrawal.
6.2 The parties record that Able Tracers incurs substantial expenses in the collection process and therefore undertakes not to withdraw any debt from Able Tracers other than those referred to in 6.1.
6.3 Should the client demand such withdrawal, a withdrawal can be approved at the sole discretion of Able Tracers and the client shall be held liable for the agreed collection commission and the expenses incurred in collecting the debt as reasonable payment for the services rendered as if the debt was paid in full.
6.4 Able Tracers will be entitled, at its sole discretion, at any time, to cancel the debt handed over for collection and in which case the parties will have no further claims one against the other regarding the handover.
7. LEGAL ACTION
7.1 The client consents that Able Tracers' have their mandate, as it deems fit, to take legal action against any debtor at Able Tracers sole discretion.
7.2 Able Tracers will not bear the legal fees in defended maters. However, all defended matters will be deferred to the client on receipt of a defended matter.
7.3 Able Tracers and the client hereby agrees that any amount due to an attorney for collection for any particular matter shall first be paid to that attorney, preference to any payments received by the client or Able Tracers.
7.4 Should legal action be taken against a debt and the debt is not collectable for reasons such as unemployment, death, bankruptcy then Able Tracers will be held liable for those legal fees.
8.1 The client agrees that Able Tracers may collect interest from the debt, whether contractual or mora interest, together with any other claim or expenses the client may have instituted against the debt. The interest shall be part payment of the fees of Able Tracers but excludes and is not related to the entitlement to claim collection commission.
8.2 Should the client wish to calculate interest before hand over, such interest will be paid over to the client in the same manner as the capital amount.
9. VALIDITY OF DEBT
9.1 The client hereby acknowledges that all documentation supplied is just, fair and within the parameters of the law.
9.2 The client hereby acknowledges that all relevant information supplied is correct and fair.
10. PREVIOUS AGREEMENTS
10.1 This agreement substitutes all previous agreement between the client and Able Tracers & Debt Collectors in connection with the debt and constitutes the entire agreements between the parties and both parties agree that no other representation has been made any other than that has been contained herein.