These Terms and Conditions govern the provision of services outlined in our quotation (Services) by Essex Bailiff Services as a trading style of AWT Associates Limited, a company registered in England and Wales, with a registered office (referred to as “we” or “us”), to the purchaser of the services (referred to as “you”).
By accepting our quotation or initiating service instruction, you are bound by these terms. This agreement constitutes the entirety of our arrangement.
You acknowledge that no representations beyond these Terms and Conditions have been relied upon. These conditions supersede any other terms, whether implied by trade, custom, or practice.
Definitions
A “business day” excludes Saturdays, Sundays, and bank holidays.
Headings within this document serve for convenience and do not alter its interpretation.
Singular terms include the plural and vice versa.
Service Provision
We assure the diligent execution of services in accordance with the provided quotation and specifications. Necessary adjustments to comply with legal or safety requirements may be made, with due notice to you.
While we endeavour to adhere to agreed-upon timelines, strict adherence to timeframes is not obligatory.
These Terms and Conditions govern the supply of goods and services unless otherwise stipulated.
Client Responsibilities
You are responsible for obtaining necessary permissions and providing all relevant information and materials for service provision. Information provided must be accurate to the best of your knowledge.
Failure to comply empowers us to terminate services without refund.
Fees and Deposits
Payment signifies your understanding and acceptance of our terms and conditions. Services commence upon receipt of payment or instruction.
Payment
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Where commission fees are recoverable from the debtor and the instruction is withdrawn by the client, the balance is greatly reduced, or negotiations between debtor and client take place, Essex Bailiff Services reserve the right to invoice the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, Essex 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, and Cash. 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 in accordance with The Late Payment of Commercial Debt (Interest) Act (1988) We reserve the right to apply charges where necessary once a 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 necessary. When AWT Associates T/A Essex Bailiffs and Essex Bailiff Services are instructed by a Limited Company, the directors of that company shall be deemed to have accepted personal liability for all fees, costs and charges due and payable arising from that instruction. 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.
Fees are detailed in quotations or as per relevant regulations and may include reasonable expenses such as disbursements and material costs. Additional services will incur charges at the applicable hourly rate or as agreed. Fees exclude VAT and other taxes unless stated otherwise. New clients must settle payments within 24 hours of invoicing or before service commencement. Enforcement fees due to Essex Bailiff Services shall be deducted first from any payment collected prior to the balance being remitted to the client.
Cancellation and Amendments
Quotations may be withdrawn, cancelled, or amended within one day if not accepted or initiated. Either party may cancel an order before acceptance, with fees payable where permissible.
Cancellation within 24 hours or less of scheduled action may incur costs.
Amendments must be communicated in writing at least 24 hours before scheduled action, with additional costs billed accordingly.
Residential Eviction Services
Payment by you for any of the services offered by www.Londonbailiffservices.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 Essex 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 standard or accelerated procedure you should obtain an order for a fixed contribution towards your legal costs.
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.londonbailiffservices.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.Essexbailiffs.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 bank transfer. Your continuing instructions will amount to your acceptance of these terms & conditions. No refunds are eligible for any cancellations made after 48 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. In the case of the former as an agent of the landlord. You will be charged an extra fee for this service.
Cancellation of instruction – Essex 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.londonbailiffservices.co.uk. at the contact details found on the ‘contact us’ page of this website.
Contractual obligation – All services provided by www.Essexbailiffs.co.uk. on this website and requested by an individual or organisation will only form a binding agreement upon confirmation to Essesx Bailiff Services. 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 to instruct Essex Bailiffs 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 essex Bailiff Services 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 Essex Bailiff services or AWT Associated Limited 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.
You accept and agree that these terms and conditions shall apply alone. Payment by you for any of the services offered by Essex 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 Essex Bailiff Services or AWT Associates Ltd. before 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.
Sub-Contracting and Assignment
We retain the right to assign, transfer, charge, subcontract, or otherwise deal with our rights under these Terms and Conditions. We may also delegate any or all of our obligations to third parties.
Without our prior written consent, you must not assign, transfer, charge, subcontract, or otherwise deal with your rights or obligations under these Terms and Conditions.
Termination
We reserve the right to terminate Services immediately under the following circumstances:
Your material breach of obligations under these Terms and Conditions.
Failure to pay any due amount by the specified date.
Bankruptcy proceedings, insolvency arrangements, liquidation, or similar situations.
Any circumstances indicating your insolvency or potential insolvency.
We reserve the right to pursue lawful means, including court proceedings, to recover unpaid fees or costs.
Intellectual Property
All copyright and intellectual property rights pertaining to goods supplied in connection with our Services are reserved. We retain the right to take appropriate action against infringement of these rights.
Liability and Indemnity
Our liability under these Terms and Conditions, breach of statutory duty, or in tort, misrepresentation, or otherwise, is limited as follows:
- Total liability is capped at the total Fees payable by you.
We are not liable for:
- Direct or indirect loss, damage, costs, or expenses.
- Loss of profits, business, data, reputation, or goodwill.
- Business interruption or third-party claims.
- Failure to perform obligations due to causes beyond our control.
- Losses resulting from your failure to fulfil obligations.
- Losses arising from the choice or use of Services or goods supplied.
You agree to indemnify us against damages, costs, claims, and expenses resulting from equipment damage caused directly or indirectly by you, your agents, or employees.
Exceptions include liability for death or personal injury due to negligence, fraudulent misrepresentation, or matters where exclusion or limitation of liability is unlawful.
Circumstances beyond Control
Neither party is liable for failure or delay in performance due to causes beyond reasonable control, including but not limited to power failure, natural disasters, acts of terrorism, or governmental actions. If such delay persists for 90 days, either party may terminate Services.
Communications
All notices must be in writing and signed by the party giving notice. Submission of instruction forms online constitutes acceptance through electronic signature. Notices from www.londonbailiffservices.co.uk are deemed duly given when delivered, sent by email with successful transmission confirmation, or by mail. AWT Associates Limited does accept service by electronic means, all such communications are to be sent by mail to our registered office.
No Waiver
No delay, act, or omission constitutes a waiver of any right or remedy. Unlawful or invalid provisions will be severed from these Terms and Conditions, leaving the remainder enforceable.
Law and Jurisdiction
These Terms and Conditions are governed by English law, with disputes subject to the exclusive jurisdiction of English courts.