Monthly Retainer Terms & Conditions

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 Retainer Arrangement

Under a monthly retainer agreement, Apex will provide ongoing debt collection services for an agreed fixed monthly fee. The retainer covers up to the number of debt cases specified in your plan tier per calendar month. No commission or success fee is charged on amounts recovered under a retainer arrangement.

3. Retainer Tiers and Pricing

Your retainer tier is determined by your company's annual turnover as set out in the most recent full financial year. The applicable tiers and monthly fees (excluding VAT) are as follows:

All fees are subject to VAT at the prevailing UK rate. Pricing is reviewed annually and any changes will be communicated in writing with a minimum of 30 days' notice before taking effect.

4. Monthly Case Allowance

Your retainer includes the number of debt cases stated for your tier per calendar month. For the purposes of this agreement, one case is defined as one individual debtor (company or trading entity), regardless of how many invoices are outstanding against that debtor. Multiple invoices from the same debtor are treated as a single case.

Unused cases do not carry over to the following month. Your case allowance resets at the start of each calendar month.

Where you require us to pursue more cases in a given month than your allowance permits, any excess cases will be handled at our standard no win, no fee contingency rate — 20% for UK debts and 30% for international debts — as set out in our No Win, No Fee Terms and Conditions. This will be agreed with you before those cases are instructed.

5. Invoice Payment Terms

Payment must be made by BACS transfer, direct debit, or such other method as agreed in writing. Cheques are not accepted.

If payment is not received within 7 days of the due date, we reserve the right to suspend active case work until the account is brought up to date, without liability to you for any delay caused. Interest on overdue invoices may be charged under the Late Payment of Commercial Debts (Interest) Act 1998 at 8% above the Bank of England base rate, calculated from the due date.

6. VAT

All fees quoted are exclusive of VAT. VAT will be charged at the prevailing UK rate and shown separately on each invoice. It is your responsibility to ensure payment of the full invoice amount including VAT by the due date.

7. Instructions and Authority

By entering into a retainer agreement you confirm that:

• You are authorised to act on behalf of the creditor business named in the agreement
• All debts submitted under the retainer are genuine, undisputed commercial debts owed by businesses (not consumers)
• The information provided in relation to each case is accurate and complete to the best of your knowledge
• You hold all documentation necessary to support each debt claim

8. Client Obligations

For each case submitted under the retainer, you agree to provide promptly:

• Copies of all outstanding invoices relating to the case
• The underlying contract, purchase order, or terms of business
• Proof of delivery or completion of goods or services
• Records of any previous contact or correspondence with the debtor
• Details of any known dispute or counterclaim raised by the debtor

You must notify us immediately if a debtor makes any direct payment to you, proposes a settlement, or enters insolvency proceedings during the course of our instruction. Direct payments received by you from a debtor do not affect your obligation to pay the monthly retainer fee.

9. No Commission on Recovered Amounts

No commission, success fee, or percentage of recovered amounts is charged under the retainer arrangement. The monthly retainer fee is the sole charge for cases handled within your monthly allowance. Any cases handled outside your allowance at contingency rates will be invoiced separately under the No Win, No Fee Terms and Conditions.

10. Disputed Debts

We act on the basis that debts submitted are genuine and undisputed. If a debtor raises a substantive dispute or counterclaim, we will notify you promptly. We reserve the right to pause or cease pursuing a case where a bona fide dispute arises, pending your instructions. This does not affect your obligation to pay the monthly retainer fee.

11. No Guarantee of Recovery

Apex Debt Collection will use all reasonable professional methods to recover debts submitted under the retainer. We cannot guarantee successful recovery in any individual case. Factors outside our control — including a debtor's financial position or insolvency — may affect outcomes. The retainer fee is payable regardless of recovery outcomes within any given month.

12. Term and Termination

The retainer agreement runs on a rolling monthly basis. Either party may terminate the agreement by providing a minimum of 30 days' written notice. Notice must be provided in writing to enquiries@apexdebtcollection.co.uk or by recorded post to our registered address.

The retainer fee remains payable for the full notice period. Any cases active at the point of termination will be concluded or transferred as agreed between the parties. Cases that cannot be concluded within the notice period may be continued under the no win, no fee arrangement if mutually agreed.

We reserve the right to terminate the retainer agreement immediately by written notice in the event of non-payment of two or more consecutive invoices, or in the event that you provide materially inaccurate information in connection with any case.

13. Changing Your Tier

You may request to upgrade or downgrade your retainer tier at any time by providing written notice. Upgrades will take effect from the next invoice date following agreement. Downgrades will take effect from the invoice date falling at least 30 days after written notice is received. Tier changes are subject to confirmation of your current annual turnover.

14. Confidentiality

Both parties agree to keep confidential all information received from the other party in connection with the retainer, except where disclosure is required by law, court order, or regulatory requirement, or with prior written consent. This obligation continues after termination of the agreement.

15. Data Protection

In performing our services, we will process personal data relating to debtor individuals in accordance with our Privacy Policy and UK GDPR. By entering into a retainer agreement, you confirm you have a lawful basis to share relevant personal data with us for the purpose of debt recovery.

16. Limitation of Liability

Apex Debt Collection will use reasonable skill and care in performing its services. Our total liability to you in connection with any retainer agreement shall not exceed the total retainer fees paid by you in the 12 months preceding the event giving rise to the claim. We shall not be liable for any indirect, consequential, or economic losses, including loss of profit or loss of business opportunity.

17. 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.

18. Changes to These Terms

We reserve the right to update these Terms and Conditions. We will provide a minimum of 30 days' written notice of any material changes. Continued use of our services following that notice period constitutes acceptance of the updated terms.

19. Contact

If you have any questions about these terms, please contact us at enquiries@apexdebtcollection.co.uk or call 07479 711214.