Terms & Conditions

  • Clear Path General Terms and Conditions of Business

    Section 1: Definitions

    1.1 Clear Path Collections Ltd ("Clear Path") refers to Clear Path Collections Ltd, a company registered in England under number 16131347

    1.2 The Client refers to the individual, business, or limited company instructing Clear Path to provide Services.

    1.3 The Debtor refers to the person, business, or company that owes a Debt to the Client.

    1.4 Debt refers to the financial sum owed by the Debtor to the Client that Clear Path is instructed to recover.

    1.5 Services refer to the debt recovery services provided by Clear Path, including but not limited to legal recovery actions, insolvency proceedings, tracing services, credit reporting, and process serving.

    1.6 Monies Recovered refers to any payment received in relation to a Debt, whether paid directly to Clear Path or to the Client.

    1.7 Ancillary Charges refers to charges as per the Price List and third-party disbursements.

    1.8 Price List refers to Clear Path’s current list of charges, available upon request.

    1.9 Minimum Commission means a fixed fee of £50 or as agreed in writing.

    Section 2: Agreement and Acceptance

    2.1 By instructing Clear Path to carry out Services, the Client agrees to these Terms and Conditions, whether instruction is provided verbally, in writing, or electronically.

    2.2 Clear Path reserves the right to decline instructions or discontinue recovery action at its sole discretion.

    2.3 Any modifications to these Terms and Conditions must be agreed upon in writing by an authorized representative of Clear Path.

    2.4 Acceptance of these terms includes acceptance of any updates communicated by Clear Path to the Client.

    Section 3: Clear Path’s Obligations

    3.1 Clear Path will act in a professional and diligent manner to recover the Debt on behalf of the Client.

    3.2 Clear Path will maintain a separate client account when handling Monies Recovered for the client.

    3.3 Clear Path will account to the Client on a monthly basis and transfer Monies Recovered within 40 days of receipt, subject to applicable deductions.

    3.4 Clear Path will only initiate legal proceedings through appointed solicitors with the Client’s prior consent.

    3.5 Clear Path may engage third-party agents, including solicitors, to assist with debt recovery.

    Section 4: Client’s Obligations

    4.1 The Client warrants that the Debts referred to Clear Path are accurate and valid.

    4.2 The Client must notify Clear Path immediately of any payments received directly from the Debtor or any correspondence related to the Debt.

    4.3 The Client must not engage other agencies to recover the same Debt during the term of this agreement.

    4.4 The Client must respond promptly to Clear Path’s requests for documentation and instructions.

    4.5 The Client must provide accurate and complete information on any case listing forms.

    Section 5: Fees, Charges, and Payments

    5.1 Clear Path’s fees and charges will be applied as per the agreed commission rate or a default rate of 15% on Monies Recovered.

    5.2 A Minimum Commission fee of £50 or as agreed applies if the commission is lower than this amount.

    5.3 Clear Path retains the right to deduct fees from Monies Recovered before transferring funds to the Client.

    5.4 All fees are subject to VAT at the prevailing rate.

    5.5 Invoices issued by Clear Path must be paid within 21 days of issuance. Late payments will attract interest at 4% above the base rate.

    5.6 If the Client instructs Clear Path to discontinue recovery, Clear Path reserves the right to charge commission on the full Debt amount.

    Section 6: Legal and Insolvency Actions

    6.1 Clear Path may recommend legal proceedings if deemed necessary but does not provide legal advice.

    6.2 Any legal costs incurred are the responsibility of the Client.

    6.3 Clear Path may liaise with appointed solicitors and provide assistance in legal matters. Additional fees may apply for such liaison services.

    6.4 Clear Path is not responsible for any outcome of legal proceedings initiated at the Client’s request.

    Section 7: Termination of Services

    7.1 Either party may terminate this agreement with 30 days’ written notice.

    7.2 Clear Path may terminate the agreement immediately if:

    • The Client becomes insolvent.

    • The Client fails to make payments due to Clear Path.

    • The Client breaches any terms of this agreement.

    7.3 Upon termination, any outstanding fees or commissions become immediately payable.

    Section 8: Limitation of Liability

    8.1 Clear Path’s liability is limited to the lesser of the Debt amount or £1,000,000.

    8.2 Clear Path is not liable for indirect or consequential losses, including loss of profit.

    8.3 Clear Path is not liable for payments made to incorrect accounts if instructions were followed as provided by the Client.

    Section 9: Indemnity

    9.1 The Client agrees to indemnify Clear Path against any third-party claims arising from the recovery process.

    9.2 The Client remains responsible for any legal, insolvency, or dispute resolution costs incurred during debt recovery.

    Section 10: GDPR Compliance

    10.1 Clear Path acts as a data processor under GDPR and processes personal data solely for the purpose of providing Services.

    10.2 Personal data may be shared with third parties such as solicitors when necessary for debt recovery.

    10.3 The Client has the right to request access to their data, correction, or deletion as permitted under GDPR.

    Section 11: Confidentiality

    11.1 Clear Path will maintain confidentiality of all Client information, except where disclosure is required by law.

    11.2 All communications with the Debtor will be handled by Clear Path unless otherwise agreed in writing.

    Section 12: Notices

    12.1 Any notice or communication required under this agreement must be sent to the respective party’s registered office or principal place of business.

    12.2 Notices may be sent by post, email, or fax, and will be deemed received upon successful transmission or delivery.

    Section 13: Entire Agreement

    13.1 This agreement represents the entire understanding between Clear Path and the Client and supersedes any prior agreements.

    13.2 Any amendments to this agreement must be made in writing and signed by both parties.

    Acceptance of Terms: By instructing Clear Path to undertake debt recovery services, the Client acknowledges and accepts these Terms and Conditions.