1. About Us
Apex Debt Collection Limited ("Apex", "we", "us", "our") is a company registered in England and Wales. Our registered office is at 74 Winstanley Road, Saffron Walden, CB11 3EX. We provide commercial (B2B) debt collection and recovery services exclusively to business clients.
We act solely on behalf of creditor businesses and do not collect consumer debts regulated under the Consumer Credit Act 1974.
2. The Contingency Arrangement
Under a no win, no fee arrangement, Apex will pursue recovery of your outstanding commercial debt at no upfront cost to you. Our fee becomes payable only upon successful recovery of funds from the debtor.
No fee will be charged if we are unable to recover any funds. There are no retainer fees, administration charges, or monthly costs under this arrangement.
3. Our Fee Structure
UK commercial debts: Our fee is 20% (twenty per cent) of the total amount recovered from the debtor, including any interest or costs recovered on your behalf.
International debts: Where the debtor is based outside the United Kingdom, our fee is 30% (thirty per cent) of the total amount recovered. The higher rate reflects the additional complexity, foreign jurisdiction costs, and third-party agents typically required for cross-border recovery.
All fees are subject to VAT at the prevailing UK rate. Our fee is calculated on the gross amount recovered before deduction of our charges. For example, if we recover £10,000 on a UK debt, our fee will be £2,000 plus VAT, and you will receive £8,000.
Where the Late Payment of Commercial Debts (Interest) Act 1998 applies, we may seek to recover statutory interest and compensation from the debtor. Any amounts recovered under this Act form part of the total recovered sum upon which our fee is calculated.
4. Payment of Invoices
Our invoice will be raised upon receipt and clearance of funds recovered from the debtor. Payment of our fee is due immediately upon funds being received by us or confirmed as received by you directly.
Where recovered funds are paid directly to you by the debtor, you must notify us within 2 business days of receipt. Our invoice will be issued promptly thereafter and is payable within 7 days of the invoice date.
Failure to notify us of direct payments received from the debtor, or failure to pay our invoice within the stated terms, may result in interest being charged under the Late Payment of Commercial Debts (Interest) Act 1998 at the rate of 8% above the Bank of England base rate.
5. Instructions and Authority
By instructing us you confirm that:
- You are authorised to act on behalf of the creditor business named in your instruction
- The debt in question is a genuine, undisputed commercial debt owed by a business (not a consumer)
- The information provided to us is accurate and complete to the best of your knowledge
- You hold all documentation necessary to support the debt claim, including invoices, contracts, purchase orders, and delivery records
6. Client Obligations
You agree to provide us promptly with all documentation and information required to pursue recovery, including but not limited to:
- Copies of all outstanding invoices
- The underlying contract or terms of business
- Proof of delivery or completion of services
- Records of any previous contact, payment arrangements, or disputes with the debtor
You must notify us immediately if the debtor makes any payment directly to you, proposes a settlement, enters insolvency proceedings, or if any dispute arises regarding the debt during our instruction. Failure to do so may affect our ability to recover and does not reduce your obligation to pay our fee on any amounts recovered.
7. Disputed Debts
We act on the basis that the debt is genuine and undisputed. If a debtor raises a substantive dispute or counterclaim, we will notify you promptly. We reserve the right to decline to pursue or to cease pursuing a case where a bona fide dispute arises, without liability to you. In such circumstances, no fee will be charged for work undertaken to that point.
8. No Guarantee of Recovery
While we employ all reasonable and professional methods to recover your debt, Apex Debt Collection cannot guarantee successful recovery in any case. Factors outside our control — including a debtor's financial position, insolvency, or the availability of assets — may affect the outcome. Our obligation is to pursue recovery with reasonable skill and diligence, not to guarantee a result.
9. Legal Proceedings
Where pre-legal recovery efforts are unsuccessful, we may recommend referral to our panel solicitors for court action. Any costs associated with legal proceedings (court fees, solicitor fees, enforcement costs) will be discussed with you and agreed in writing before being incurred. These costs are separate from our contingency fee and may be recoverable from the debtor if judgment is obtained.
10. Termination
Either party may terminate an instruction by providing written notice. If you terminate an active instruction after we have taken substantive steps towards recovery, and the debtor subsequently makes payment to you within 12 months of termination, our full contingency fee remains payable on any amounts received.
If we terminate the instruction due to a dispute raised by the debtor, or because you have provided inaccurate information, no fee will be charged for work undertaken to that point.
11. Confidentiality
Both parties agree to keep confidential all information received from the other party in connection with the instruction, except where disclosure is required by law, court order, or regulatory requirement, or with prior written consent. This obligation continues after the termination of any instruction.
12. Data Protection
In performing our services, we will process personal data relating to debtor individuals (including sole traders and partnerships) in accordance with our Privacy Policy and UK GDPR. By instructing us, you confirm you have a lawful basis to share relevant personal data with us for the purpose of debt recovery.
13. Limitation of Liability
Apex Debt Collection will use reasonable skill and care in performing its services. Our total liability to you arising from any instruction shall not exceed the total fees paid by you to us in connection with that instruction. We shall not be liable for any indirect, consequential, or economic losses, including loss of profit or loss of business opportunity.
14. Governing Law
These Terms and Conditions are governed by and construed in accordance with the laws of England and Wales. Any disputes arising shall be subject to the exclusive jurisdiction of the courts of England and Wales.
15. Changes to These Terms
We reserve the right to update these Terms and Conditions. The current version will always be published on our website. Instructions placed after any update are subject to the updated terms in force at that time.
16. Contact
If you have any questions about these terms, please contact us at enquiries@apexdebtcollection.co.uk or call 07479 711214.
If you are a retainer client, please refer to our Monthly Retainer Terms & Conditions instead.