Bankruptcy Assistance Service terms of business
These Tower Consulting Services Limited (“TCS”) Standard Terms of Business (“STBs”) together with any applicable terms, instruction, or order and any attachments appended thereto constitute the Agreement between TCS and the Client (“Agreement”). The effective date of this Agreement (“Effective Date”) shall be the latest date that the STBs are signed by the Client to enable the start of the Bankruptcy Assistance Service.
Tower Consulting Services Limited, company registration No: 5629427, whose registered office address is at 8 Bowness Street, Manchester, M32 0FA. Data protection registration No: Z9499027. Authorised and regulated by the Financial Conduct Authority, reference 690176 (debt-counselling).
1. Definitions
a. “Agreement” means this Agreement or other form of agreement agreed by the Parties or referenced herein.
b. “Bankruptcy Assistance Service” means the administration services, which TCS agree to provide to you under this Agreement and in connection with your petition for your own bankruptcy.
c. “Client” means the entity or person(s) which has signed or agreed any Agreement which these STB’s relate to.
d. “Adjudicator” means a government official who works for the Insolvency Service, and their role is to review and make decisions about individuals’ bankruptcy applications.
e. “Court” means any Court in England and Wales.
f. “Creditors” means the people and organisations in respect of which you have advised TCS that you owe money to.
g. “Fee” means the fee(s) TCS may charge you in accordance with these STBs and set out in Clause 7.
h. “Initial Fee” means any fees TCS levy to initiate the terms of this Agreement or any other services agreed between the Parties.
i. “Final Fee” means the fees that will be levied for all Services the Client receives from TCS less any initial or interim fees paid to TCS as set out in clause 7.
j. “Total Fee” means the sum of the Initial Fee and the Final Fee, subject to a minimum £590.00.
k. “Intellectual Property Rights” means the any of the trade marks, patents, designs, copyright material, logos & domain names in any of our literature or advertising materials;
l. “Party” means Client or TCS;
m. “Parties” means Client and TCS;
n. “Services” means the services, including any deliverables, that the Parties agree upon that are provided under this Agreement;
o. “Term” means the duration of this Agreement.
p. “you” means the Client(s) whose name(s) is (are) specified in our official documentation and who enters this Agreement;
q. “Us”, “TCS” and “Our” means, Tower Consulting Services Limited or anyone to whom Tower Consulting Services Limited transfer our rights and obligations during the Term of this Agreement.
2. Regulation
a. TCS provides various forms of debt advice to consumers in the UK.
b. TCS is authorised and regulated by the Financial Conduct Authority (FCA). You can access the website of the FCA by logging onto www.fca.org.uk
c. TCS is obliged to comply at all times with the Principles for Business (PRIN) as laid down by the FCA (which includes the obligation to treat customers fairly).
d. In Clause 11 are listed the full complaints procedure and other regulatory information that may be of interest and importance to you.
3. TCS responsibilities
a. TCS will provide the Bankruptcy Assistance Service with reasonable care and skill.
b. TCS will review your financial position including income and expenditure, creditors, business, finances, investments, properties and other relevant factors.
c. TCS will provide information and advice, where appropriate, on debt resolution options available in England and Wales.
d. TCS will provide you with on-going support in relation to your bankruptcy for a period of one calendar year from the date of the bankruptcy order via telephone and email.
e. TCS will provide you with information on the EC Regulation on Insolvency Proceedings.
f. TCS will prepare the documents and complete the forms necessary for your own bankruptcy petition.
g. TCS will assist you in preparing the witness statement accompanying the Debtor’s Bankruptcy Petition, if required by the Adjudicator.
h. TCS will inform you on the Adjudicator, Official Receiver and Trustee in Bankruptcy powers and responsibilities.
i. TCS will inform you on your powers and responsibilities in dealing with the Adjudicator, Official Receiver and Trustee in Bankruptcy.
j. TCS will assist you in dealing with your creditors during the 12 months bankruptcy proceedings.
k. TCS will assist you in dealing with the Official Receiver and Trustee in Bankruptcy during the 12 months bankruptcy proceedings.
l. On any specific request, TCS may assist you with entering your bankruptcy order details into the insolvency registers of other EU member states. An additional Fee may be charged by TCS for this service.
4. What is Outside Our Responsibility
a. TCS are a fee-charging debt-counselling company and we don’t give you legal advice.
b. TCS do not guarantee that your bankruptcy petition will be successful. Any decision regarding Client’s bankruptcy petition is entirely at the discretion of the Adjudicator.
c. TCS will not check or otherwise verify the accuracy of any of the information you provide to us. You acknowledge that the provision of inaccurate or misleading information may cause Client’s bankruptcy petition to fail.
d. TCS will not contact any of your creditors to check the balances you owe, or the legal status of any of your debts.
5. Your Responsibilities
a. You agree to co-operate fully with us and follow our advice so that TCS can provide the bankruptcy assistance service to you.
b. You agree to sign any necessary forms of authority and other documents so that TCS may carry out our obligations under this Agreement.
c. You will promptly supply us with any accurate and complete information relating to your personal, financial and business circumstances to enable us to provide the bankruptcy assistance service to you.
d. You will ensure that all information you provide to us is accurate and not misleading.
e. You will inform us if you enter into direct negotiations with any of your creditors and/or become involved in legal proceedings.
f. Before presenting your bankruptcy petition to the Adjudicator, you will take reasonable measures to identify whether a bankruptcy order would have a detrimental effect on your employment, business and/or livelihood.
g. You must not act in such a way as to prevent us from fulfilling our obligations under this Agreement.
h. You must inform us immediately about any changes in your personal, financial and business circumstances, which may affect the accuracy of any of the information TCS may have entered onto the necessary bankruptcy forms and documents on your behalf.
i. You acknowledge that the provision of inaccurate or misleading information may lead to your petition for bankruptcy being rejected or amended.
j. TCS accept no liability for any inaccurate or misleading information provided by you.
6. TCS’s Fees
a. All fees will be discussed and agreed with you at the outset of the bankruptcy assistance service. Our fees are based on the amount of creditors, complexity of your personal and business affairs, time spent by our advisors working on your case, your requirements and other factors relevant to the case.
b. TCS will charge a Fee for the services outlined in clause 3.
c. Unless TCS agree otherwise with you, the Initial Fee will be equivalent to 50% (fifty percent) from the Total Fee. The Initial Fee is payable at the beginning of the Term.
d. Unless TCS agree otherwise with you, the Final Fee will be equivalent to 50% (fifty percent) from the Total Fee. The Final Fee is payable before your bankruptcy petition submitted to the Adjudicator.
e. Subject to clause 8 herein and, if for any reason at any time after the first 14 calendar days of the Term, you decided not to proceed with your bankruptcy petition, TCS shell be entitled to retain in full the Initial Fee.
f. Our fees do not include any Adjudicator’s fees.
g. The standard individual bankruptcy Adjudicator’s fees in England and Wales is currently £680.00, from which £130.00 for considering your application and £550.00 for managing your bankruptcy.
h. The Adjudicator’s fees are payable before or on the day your bankruptcy petition submitted to the Adjudicator. We will inform you on how the payment may be made.
i. In the event of any Adjudicator’s fees increase, the client will be responsible for this extra payment even if the bankruptcy assistance service was commenced during the earlier Adjudicator’s fees structure.
j. If you withdraw the bankruptcy petition there will be no refund in relation to the fee that you have paid TCS in respect of the bankruptcy assistance service.
7. TCS’s Liability
a. TCS will not be held responsible for any delay or other matters, which happen for reasons beyond TCS’s reasonable control howsoever caused.
b. The provisions of this clause 7 does not affect liability for death or personal injury resulting from TCS’s negligence.
c. Nothing in this agreement affects your statutory or legal rights.
d. Save for the provisions of sub clause 7b TCS’s total liability for all claims of any kind under this Agreement shall not exceed an amount equal to the Fees you pay TCS for the provision of bankruptcy assistance service.
8. Your Right to Cancel
a. You have the right to cancel this Agreement at any time during the first 14 calendar days of the Term. TCS will then refund you Initial Fee TCS have received from you for the provision of the bankruptcy assistance service during this time. If you wish to cancel this Agreement you must notify us in writing by post to to: Tower Consulting Services Limited, 8 Bowness Street, Manchester, M32 0FA or by email to info@insolbaltika.co.uk.
b. In addition to your rights to cancel this Agreement under clause 8a you may end this Agreement under clause 9c.
9. Termination of Agreement
a. This agreement will end after 12 months after the date of the bankruptcy order.
b. TCS may end this Agreement by giving You 14 days prior written notice if any of the following things happen:
i. if the information you have given us is in any material way incorrect, fraudulent or otherwise misleading;
ii. You do or fail to do something which in our reasonable opinion could damage our reputation or otherwise bring us into disrepute;
iii. if TCS are affected by events beyond our reasonable control (Force Majeure).
c. In addition to your rights to cancel this Agreement under clause 8a above you may end this Agreement:
i. by giving us 7 days prior written notice if TCS do not comply with these STBs and TCS do not remedy this failure within 7 days of your bringing the failure to our attention in writing; or
ii. at any time by giving us 14 days prior written notice.
10. Effect of ending this Agreement
a. When this Agreement ends our duties and obligations under this Agreement will come to an end.
b. You may within 30 days of the end of this Agreement request us to send you copies of all paperwork received from you that has been retained by us.
11. Complaints
a. TCS are committed to providing you with the highest standards service. However, sometimes things may go wrong. TCS take any complaints regarding our services very seriously. You can tell us about your concerns by calling our company director on 0161 425 2190, or emailing us to info@insolbaltika.co.uk or in writing to us at: The Company Director, Tower Consulting Services Ltd, 8 Bowness Street, Manchester, M32 0FA.
b. TCS will acknowledge your letter within 5 working days and after investigation will provide a final response within 8 weeks.
c. A copy of our complaints procedure can be requested at any time, and it is available on our website https://insolbaltika.co.uk/complaints/.
d. Should you not be happy with our response you may refer your complaint to Financial Ombudsman Service at www.financial-ombudsman.org.uk.
12. Confidentiality
a. TCS agree to keep confidential all information received from or about you.
b. TCS collect personal information about you received from you and from your creditors.
c. TCS will use your personal information to fulfil our responsibilities in accordance with these STBs.
d. TCS will not pass this information to anyone else without your permission except:
i. where passing this information is necessary to perform the bankruptcy assistance service (eg, passing information to your creditors or their representatives); or
ii. where passing this information is permitted by clause 13 herein Data Protection.
e. TCS may pass your information to creditors who process your data outside the European Economic Area (EEA).
f. Subject to the provisions of clause 13 TCS may also use your personal information to identify and provide you with details of other products and services which TCS think you might be interested in, including those offered by selected third parties.
i. TCS will not share your personal information with any third party unless it is required under the provisions of this Agreement.
g. You may inform TCS if you do not want TCS to use or disclose your personal information as set out in clause 12d (i), (ii) above or if you wish to amend the way TCS communicate with you.
h. Other than as set out above TCS will only disclose your personal information to the extent required by law, court order or as requested by any government body or law enforcement authority or to any organisation to which TCS transfer or sub-contract any or all our obligations under these Terms of Business.
i. TCS may record and monitor telephone calls for compliance and training purposes.
13. Data Protection
a. TCS shall throughout the term of this Agreement comply with the provisions of the Data Protection Act 1998 (‘DPA 1998′) or any subsequent amendment thereto and shall ensure that its agents and employees are trained in and comply with the data protection principles set out in the above Act in their performance of the Services.
b. TCS agree that where they act as data controller (as defined by the DPA 1998) as regards Personal Data they shall have in place at all times and maintain appropriate technical and organisational measures to ensure the security of the Personal Data.
c. Any personal data as defined by the DPA 1998 or any subsequent amendment thereto given to or required to be collected and kept by the Contractor in the provision of the Services (“the Personal Data”): –
i. shall be given to or collected and kept by the Contractor solely for the purposes of enabling the Contractor to perform the Services and for no other purposes;
ii. shall not be altered or amended by the Contractor other than as required by this Agreement;
d. If, under the DPA 1998, you wish to see a copy of your personal information which TCS hold or you wish to amend any inaccurate information TCS hold on you, you can email us to info@insolbaltika.co.uk or by writing to us at: The Company Director, Tower Consulting Services Ltd, 8 Bowness Street, Manchester, M32 0FA. If you request a copy of the personal information TCS hold on you, TCS reserve the right to charge a fee of £10.00.
14. Force majeure
a. Neither Party shall be liable for any delay in performing or failure to perform its obligations under the Agreement to the extent that and for so long as the delay or failure results from any cause or circumstance whatsoever beyond its reasonable control (an “event of force majeure”) provided that the event of force majeure is not due to the fault or negligence of that Party. Each Party shall use its reasonable endeavours to minimise the effects of any event of force majeure.
b. Immediately upon becoming aware of any event of force majeure, the affected Party shall notify the other Party giving details of the event of force majeure, its likely duration and the manner and extent to which its obligations are likely to be prevented or delayed, and the dates of performance of any obligations affected shall be postponed for so long as is made necessary by the event of force majeure. The occurrence of an event of force majeure shall not have the effect of discharging or postponing the affected Party’s payment obligations under the Agreement.
15. General Terms
a. TCS can transfer all or any of our rights and obligations under this Agreement to another company or organisation, but this will not affect your rights under this Agreement.
b. TCS may vary these Terms of Business from time to time and will write to give you at least 28 days’ prior notice of any changes. If you do not agree with the proposed changes you have the right to terminates as set out in clause 9c.
c. The Agreement, these STBs and the documents referred to in them contain the whole agreement between the Parties and supersede any previous agreement between them relating to the subject matter of the Agreement, whether written or oral. The parties acknowledge that neither of them has been induced to enter into the Agreement in reliance on, and shall have no remedy in respect of, any representation, agreement or undertaking of any kind (whether negligently or innocently made and whether written or oral) of any person other than as expressly set out in the Agreement.
i. Nothing in this clause shall, however, operate to limit or exclude any liability for fraud.
d. If and to the extent TCS requires any licenses, permits, registrations or other authorisations of any governmental or semi-governmental body, agency, or organisation in connection with the execution of Services pursuant to this Agreement, TCS undertakes to obtain such licenses, permits, registrations and other authorisations.
e. In performing its obligations under the Agreement, each Party shall comply with the requirements of all legislation currently in force.
f. If any provision or term of this Agreement or any part of it shall become unenforceable for any reason whatsoever, including but without limitation by reason of the provisions of any legislation, Regulation, Order, Direction of government or other provision having the force of law or by reason of any decision of any Court of competent jurisdiction, the validity and enforceability of the remainder of this Agreement shall not be affected thereby and shall remain in full force and effect. Where any such provision or decision substantially affects or alters the ability of either of the Parties to comply fully with its contractual obligations the Parties shall negotiate in good faith to amend and modify the provisions and terms of the Agreement as may be necessary or desirable in the circumstances.
g. Failure by either Party at any time to enforce the provisions of this Agreement or to require performance by the Supplier of any of the provisions of this Agreement shall not be construed as a waiver of or as creating an estoppel in connection with any such provision and shall not affect the validity of this Agreement or any part thereof or the rights of either Party to enforce any provision in accordance with its terms.
h. A variation to this Agreement shall only be valid if it has been agreed by both Parties in writing.
i. If any provision of the Agreement is declared by any judicial or other competent authority to be illegal, void, voidable or otherwise unenforceable, or indication of the same is received by either of the parties from any relevant competent authority, such provision shall be deemed omitted from the Agreement and the remaining terms of the Agreement shall remain in full force and effect.
j. A person who is not a party to the Agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Agreement.
k. All titles and headings have been inserted solely for the convenience of the Parties and are not intended to be a part of this Agreement or to affect its meaning or interpretation.
l. If there is a conflict between any of the term(s) included in these STBs and any instruction or order, these STBs shall take precedence, except to the extent the Parties expressly agree in writing that the conflicting terms of any instruction or order shall take precedence or statutory obligation and/or legislation takes precedence.
16. Governing law
a. This Agreement is governed by, and is to be construed in accordance with, English law and the Parties submit to the exclusive jurisdiction of the Courts of England and Wales.
Last updated: January 2024