Terms & Conditions
These Terms and Conditions apply to the provision of the services by Kent Bailiff Services which is a Trading Style of AWT Associates Ltd, registered in England and Wales under company number: 12578681
Kent Bailiff Services and AWT Associates Ltd have no association with Kent Bailiff and Kent Bailiff and Process Service of 33 Earl Street Maidstone and Maidstone Road Chatham respectively.
(We or Us) to the person buying the services (you).
Deemed to have accepted these Terms and Conditions when you accept our quotation or from the date of instruction for any performance of the Services (whichever happens earlier) and these Terms and Conditions and our quotation (the Contract) is the entire agreement between us.
You acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf. These Conditions apply to the Contract to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice, or course of dealing.
A “business day” means any day other than a Saturday, Sunday, or bank holiday.
The headings in these Terms and Conditions are for convenience only and do not affect their interpretation.
Words imparting the singular number shall include the plural and vice-versa.
We warrant that we will use reasonable care and skill in our performance of the Services which will comply with the quotation, including any specification in all material respects. We can make any changes to the Services which are necessary to comply with any applicable law or safety requirement, and we will notify you if this is necessary.
We will use our reasonable endeavours to complete the performance of the Services within the time agreed or as set out in the quotation; however, time shall not be of the essence in the performance of our obligations.
All of these Terms and Conditions apply to the supply of any goods as well as Services unless we specify otherwise.
You must obtain any permissions, consents, licenses, or otherwise that we need and must provide any and all relevant information, materials, properties, and any other matters which we need to provide the Services. You certify that any such information provided is to the best of your knowledge and belief accurate and truthful.
Fees and Deposit
Payment by you for any of the services offered by www.Kentbailiffservices.co.uk now or in the past is deemed acceptance by you that you have read and understood our terms and conditions and that you fully understand and accept them. Alternatively where you instruct Kent Bailiff Services prior to payment, receipt of your instruction is deemed acceptance by you that you have read and understood our terms and conditions and that you fully understood and accept them. Your continuing instructions will amount to your acceptance of these terms & conditions.
The fees (Fees) for the Services which may be set out in a quotation or as per the Tribunals, Courts & Enforcement Act 2007, and are on a time and materials basis.
In addition to the Fees, we can recover from you our reasonable expenses including, but not limited to, disbursement costs, such as a) the cost of services provided by third parties and required by us for the performance of the Services, and b) the cost of any materials required for the provision of the Services.
You agree to pay us for any additional services provided that are not specified in the quotation in accordance with our applicable hourly rate in effect at the time of performance or such other rate as may be agreed between us.
The Fees are exclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority.
For new clients, you must pay for the service required when requested as detailed in the quotation or invoice within 24 hours or before any Services are undertaken.
If you do not pay for the service according to the clause above, we can either withhold provision of the Services until the payment is received or terminate our services under the clause below (Termination).
The payment is non-refundable unless we fail to provide the Services and are at fault for such failure (where the failure is not our fault, no refund will be made).
Cancellation and amendment
We can withdraw, cancel or amend a quotation if it has not been accepted by you, or if the Services have not started, within a period of 1 day from the date of the quotation, (unless the quotation has been withdrawn).
We may refuse to accept your instructions or cease our services to you in accordance with clause 36 at our absolute discretion.
Either we or you can cancel an order/ instruction for any reason prior to your acceptance (or rejection) of the quotation. We will invoice you for payment of the Fees where permissible.
Where cancelation takes place after Kent Bailiff Services has been fully instructed by the client, we reserve the right to invoice the client the Letter and/or attendance cost and/or any payment made on account for losses due from Enforcement/Debt Recovery Agent instruction and administration.
If you wish to amend any details of the services you require you must inform us in writing as soon as possible. In any event no less than 24 hours to any action being carried out by us in relation to that service. We will use reasonable endeavours to make any required changes and should additional costs be incurred as a result of these changes, such costs will be included in the Fees and invoiced to you.
If due to circumstances beyond our control, including those set out in the clause below (Circumstances beyond a party’s control), we have to make any change in the Services or how they are provided, we will notify you immediately. We will use reasonable endeavours to keep any such changes to a minimum.
We will invoice you for payment of the Fees where permissible either:
When we have completed the Services.
On the invoice dates which may be set out.
Where commission fees are recoverable from the debtor and the instruction is withdrawn by the client, the balance is greatly reduced, or negotiations between debtor and client take place, Kent Bailiff Services reserve the right to invoice the instructing client for the commissionable element based on the original debt value.
If the instructing client accepts any payment from the debtor including or less the commissionable fees, Kent Bailiff Services reserves the right to invoice the instructing client for the commissionable element based on the original debt value.
You must pay the Fees due within 30 days of the date of our invoice or otherwise in accordance with any credit terms agreed between us.
Payment can only be accepted in the following methods; BACS, CHAPS, Cash, online Debit & Credit Card (may be subject to service charge). Under no circumstances are Cheques acceptable.
Time for payment shall be of the essence of the Contract.
Without limiting any other right or remedy we have for statutory interest, if you do not pay within the period set out above, we will charge you interest at the rate of 8% per annum above the base lending rate of the Bank of England from time to time on the amount outstanding until payment is received in full.
All payments due under these Terms and Conditions must be made in full without any deduction or withholding except as required by law and neither party can assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.
Clients who pay outside of the agreed dates will be required to pay compensation and penalty interest. The Late Payment of Commercial Debt (Interest) Act (1988) was amended in 2002 to include fixed penalties in addition to interest. For debt of less than £1000 the penalty is £40, rising to £70 for debts up to £9,999.99 and £100 above that. Interest is payable at 8 percent over Bank of England base rate. The penalties and interest now apply to all businesses regardless of size. We reserve the right to apply charges where necessary once late default on invoice occurs.
If you do not pay within the period set out above, we can suspend any further provision of the Services and cancel any future services which have been ordered by, or otherwise arranged with, you. We further reserve the right to take any debt recovery action as be necessary.
Receipts for payment will be issued by us only at your request.
All payments must be made in Pounds sterling unless otherwise agreed in writing.
Sub-Contracting and assignment
We can at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of our rights under these Terms and Conditions and can subcontract or delegate in any manner any or all of our obligations to any third party.
You must not, without our prior written consent, assign, transfer, charge, subcontract, or deal in any other manner with all or any of your rights or obligations under these Terms and Conditions.
We reserve the right to terminate the provision of the Services immediately if you:
commit a material breach of your obligations under these Terms and Conditions; or
fail to make pay any amount due under the Contract on the due date for payment; or
are or become or, in our reasonable opinion, are about to become, the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtor; or
enter into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with its creditors; or
convene any meeting of your creditors, enter into voluntary or compulsory liquidation, have a receiver, manager, administrator or administrative receiver appointed in respect of your assets or undertakings or any part of them, any documents are filed with the court for the appointment of an administrator in respect of you, a notice of intention to appoint an administrator is given by you or any of your directors or by a qualifying floating charge holder (as defined in para. 14 of Schedule B1 of the Insolvency Act 1986), a resolution is passed or petition presented to any court for your winding-up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency.
We reserve the right to use all lawful measures to recoup any unpaid fees or costs, including but not limited to court proceedings.
All copyright and any other intellectual property rights which may subsist in any goods supplied in connection with the provision of the Services are reserved. The right to take any appropriate action to restrain or prevent the infringement of such intellectual property rights is similarly reserved.
Liability and Indemnity
Our liability under these Terms and Conditions, and in breach of statutory duty, and in tort or misrepresentation or otherwise, shall be limited as set out in this clause.
The total amount of our liability is limited to the total amount of Fees payable by you under the contracted service.
Kent Bailiff Services their agents or employees will not be held liable (whether caused by our employees, agents or otherwise) in connection with our provision of the Services or the performance of any of our other obligations under these Terms and Conditions or the quotation for:
Any direct or indirect, special or consequential loss, damage, costs, or expenses or;
any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third party claims; or
any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; or
any losses caused directly or indirectly by any failure or your breach in relation to your obligations; or
any losses arising directly or indirectly from the choice of Services and how they will meet your requirements or your use of the Services or any goods supplied in connection with the Services.
You agree to indemnify Kent Bailiff Services against all damages, costs, claims, and expenses suffered by us arising from any loss or damage to any equipment (including that belonging to third parties) caused directly or through act or omission by you, your agents or employees.
Nothing in these Terms and Conditions shall limit or exclude our liability for death or personal injury caused by our negligence, or for any fraudulent misrepresentation, or for any other matters for which it would be unlawful to exclude or limit liability.
Circumstances beyond a party’s control
Neither party to these Terms and Conditions are liable for any failure or delay in performing our obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question. If the delay continues for a period of 90 days, either party may terminate or cancel the Services to be carried out under these Terms and Conditions.
All notices under these Terms and Conditions must be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party). We do not consent to the service of proceedings or other associated correspondence by any other means.
By submitting instruction forms online you accept that by appending your name you are signing this document electronically and agree that this constitutes the legal equivalent of your manual signature (referred to as your “E-Signature”), acceptance, and agreement as if actually signed by you in writing. You also represent that you are authorised to provide these instructions on behalf of the client and will be bound by the terms of this Agreement.
Notices shall be deemed to have been duly given:
when delivered, if delivered by courier or another messenger (including registered mail) during the normal business hours of the recipient;
when sent, if transmitted by fax or email and a successful transmission report or return receipt is generated;
on the second business day following mailing, if mailed by national ordinary mail; or
on the tenth business day following mailing, if mailed by airmail.
All notices under these Terms and Conditions must be addressed to the most recent address, email address or fax number notified to the other party.
No delay, act, or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy nor stop further exercise of any other right, or remedy. If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions will be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).
Law and Jurisdiction
These Terms and Conditions are governed by and interpreted according to English law. All disputes arising under these Terms and Conditions are subject to the exclusive jurisdiction of the English courts.
Payment by you for any of the services offered by www.Kentbailiffservices.co.uk is deemed acceptance by you that you have read and understood our terms and conditions and that you fully understand and accept them. Alternatively where you instruct Kent Bailiff Services prior to payment, receipt of your instruction is deemed acceptance by you that you have read and understood our terms and conditions and that you fully understood and accept them. Your continuing instructions will amount to your acceptance of these terms & conditions.
Tenant Eviction – Step 1, Serve a Notice – Our lawyers will prepare and serve either a section 8 notice or a section 21 notice or both or a notice to Quit on your tenant.
We recommend that any outstanding repairs of which you have knowledge are dealt with prior to the service of notice as soon as possible in order to reduce the tenant’s chance of submitting a successful defence and/or counterclaim should the matter progress to Step 2 of the eviction process. If you are relying on section 8 rent arrears grounds you should ensure that the arrears of rent you are claiming are genuine and fully accounted for. Errors regarding rent arrears can lead to disputes which can lead to a defence being filed by your tenant. A defence will invariably lead to any subsequent court possession hearing being adjourned thus leading to delays and extra legal fees being incurred by you for which you will remain liable.
We will prepare notices only on the information that you provide us with and there is an assumption by us that all factual information which you provide us with is correct. We do not carry out an advisory review of your papers unless you specifically request us to do so. We will simply prepare whichever notice you have specifically requested us to do so and it will be prepared strictly on the basis of the information which you have provided us with. AWT Associates Ltd. will not be held liable should the notice be deemed invalid by any reason of reliance on incorrect information provided by you. In the event that your claim becomes defended our fixed fee service will no longer apply.
Service is by first class post and first class recorded delivery. If you require service by personal hand delivery a process server fee will be applicable.
Tenant Eviction– Step 2, Court Proceedings – Our Lawyers will prepare all the necessary court papers in order to commence the property possession claim in the county court strictly in accordance with your instructions. Therefore, if you instruct us to commence an action based on a section 8 notice we shall do so. If you instruct us to commence an action based on a section 21 notice we shall do so. The Step 2 service does not include advice in relation to which notice you should proceed under. If you instruct us to commence an action under a section 8 notice there is an assumption by us that all factual information which you provide us with is correct also with regard to any other notice you may or may not have already served. Likewise if you instruct us in relation to a section 21 notice. If you need advice in relation to which notice is the most appropriate upon your specific matter facts then an extra fee will be payable in respect of that advice. We will liaise with the court and deal with all the court papers. We will arrange to prepare all necessary witness statements, additional fees may apply and we will make arrangements for representation the first hearing on your behalf.
Provided the court agrees that the landlord has grounds for possession the landlord will in most cases be entitled to a 14 day order for possession unless the judge takes the view that the tenant’s circumstances are such that possession should be delayed. Possession, if established on a mandatory ground, cannot be delayed for more than 42 days unless the ground for possession is discretionary. Unless we are seeking possession on an expired Section 21 Notice in isolation through either the traditional or accelerated procedure you should obtain an order for a fixed contribution towards your legal costs up to a maximum of £276.75.
Regardless of the possession order we are seeking, any contribution awarded by the court is unlikely to match the total you have expended. Our Step 2 fixed fee is limited to one court attendance. Should the court adjourn the hearing for whatever reason and require subsequent attendances, a further fee will be required from you. Depending on the location of the court, a travel disbursement may be added to the fixed fee. Our fixed fee services are not an advisory service. Instructions received from you are taken on the strict understanding that you are satisfied that all paper work that you submit to us with your instruction is checked by you and in order. www.lackfords.co.uk. will not accept responsibility or liability if a process fails on account of defective documentation and or information submitted by you. We recommend that any outstanding repairs of which you have knowledge are dealt with prior to the service of notice as soon as possible in order to reduce the tenant’s chance of submitting a successful defence and/or counterclaim should the matter progress to step 2 of the eviction process. If you are relying on rent arrears grounds you should ensure that the arrears of rent you are claiming are genuine and fully accounted for. Errors concerning rent arrears can lead to disputes which can lead to a defence being filed by your tenant. A defence will invariably lead to any subsequent court possession hearing being adjourned thus leading to delays and extra legal fees being incurred by you for which you will remain liable. In the event that a tenant defends the action or the matter is adjourned for whatever reason please see our section ‘Defended claims’.
By instructing AWT Associates Ltd. you hereby agree and consent to www.lackfords.co.uk. acting for the purpose of instructing other lawyers if necessary on your behalf and liaising with them in respect of all matters relating to your case. You hereby agree, consent and authorise lawyers to liaise, pass, share, and divulge with AWT Associates Ltd. All information, correspondence and evidence in relation to your case. You hereby authorise AWT Associates Ltd. to authorise lawyers to take instructions from AWT Associates Ltd. on your behalf in relation to all aspects of your claim. You may be charged separately by other lawyers. Your continuing instructions will amount to your acceptance of these terms & conditions.
Fixed fee Accelerated Procedure – On your behalf our lawyers will prepare all the necessary court papers in order to commence the property possession claim in the county court strictly in accordance with your instructions. www.lackfords.co.uk. will liaise with the court and ensure that all the court formalities and any further court paperwork is dealt with. The accelerated procedure is only applicable to section 21 notices and cannot/does not include a claim for any outstanding rent arrears. Generally, the accelerated procedure takes between 5 – 7 weeks, however, depending on which court has jurisdiction the process can in some cases take longer. The accelerated procedure generally does not require a hearing. The court will ordinarily decide the case in private and without the need for a hearing. If for whatever reason and in the rare event that the court requires the necessity for a hearing www.lackfords.co.uk. will require further payment to attend the hearing. In the alternative, the landlord can attend the hearing in person and www.lackfords.co.uk. will have no further involvement with your claim. In the event that the claim becomes defended please see our terms and conditions for defended claims below.
Rent arrears claim – Before considering pursuing a claim for rent arrears, AWT Associates Ltd. will need to see the original or a true copy of the tenancy agreement AWT Associates Ltd and/or our solicitors reserves the right to claim all legal costs from the tenant, these maybe are significantly higher than our fixed fee charge for this service.
Payment of fees – We do not accept payments in cash in any form from anyone or any organisation. We accept payment by debit/credit card and bank transfer. Your continuing instructions will amount to your acceptance of these terms & conditions. No refunds are eligible for any cancellations made after 72 hours of payment.
TDS Tenant Deposit Scheme – It is the responsibility of all clients to ensure they have complied with the TDS. All clients are reminded that section 21 notices will be deemed invalid should the client not comply with the TDS before serving eviction notices. It is not our responsibility but the client’s responsibility to ensure they have complied with the requirement of the TDS.
Eviction from premises – Once possession has been granted by the court, and in the event that the tenant does not vacate the premises in accordance with the order, you agree that AWT Associates Ltd and their agents are to apply for, arrange, attend and oversee the eviction of the tenant by means of a County Court Warrant or High Court Writ. You will be charged an extra fee for this service.
Cancellation of instruction – Kent Bailiff Services will endeavour to commence your instructions within 48 hours of receipt of your instructions. You have a right to cancel your instruction within 7 days of instructing us. However, if work has already commenced on your case your right to cancel will end and you will remain liable for all costs to date. To cancel your instruction please email or call www.lackfords.co.uk. at the contact details found on the ‘contact us’ page of this website.
Contractual obligation – All services provided by www.kentbailifservices.co.uk. on this website and requested by an individual or organisation will only form a binding agreement upon confirmation by www.kentbailiffservices.co.uk. Such confirmation will take the form of an E-mail or postal correspondence. That you understand that your continued instructions in any matter in which we act on your behalf will amount to your full acceptance of these terms and conditions of business and that you fully understand that you may not be able to recover the full legal costs but nevertheless wish to instruct www.kentbailiffservices.co.uk. to proceed in your required service and agree to compensate AWT Associates Ltd. against any liabilities incurred by them in acting for you.
General – The information conveyed on the www.lackfords.co.uk. website is intended to convey general information only. The contents of the website are not aimed at any person, individual or organisation specifically and nothing contained within it constitutes an offer to contract. www.lackfords.co.uk. reserve the right to cancel, withdraw or change its services at any time. If you terminate your instructions or we stop acting for you with good reason, you will still have to pay our charges and expenses up to the date that we cease acting, including costs for removing our name our solicitor’s name from the court record if court proceedings are involved and transferring our files to you or another advisor AWT Associates Ltd do not purport to be solicitors, however, Court proceedings are prepared and submitted by a panel solicitor regulated by the Solicitor’s Regulation Authority.
Terms and conditions – You accept and agree that these terms and conditions shall apply alone. Payment by you for any of the services offered by Kent Bailiff Services or AWT Associates Ltd. is deemed acceptance by you that you have read and understood our terms and conditions and that you fully understand and accept them. Alternatively, where you instruct Kent Bailiff Services or AWT Associates Ltd. prior to payment, receipt of your instruction is deemed acceptance by you that you have read and understood our terms and conditions and that you fully accept them. Your continuing instructions will amount to your acceptance of our terms and conditions.