Terms and Conditions

Burgess Bowen will always strive to find you the most appropriate debt solution. Our initial debt advice is always free of charge. However, a fee will be payable depending on the debt solution recommended. Please follow the links below for our complete Terms & Conditions for each solution.

Debt Management Plan Terms and Conditions

Individual Voluntary Arrangement (IVA) Advisory Service Terms & Conditions

Protected Trust Deed (PTD) Advisory Service Terms & Conditions

Debt Management Plan Terms & Conditions

The terms of this agreement are set out in the following terms & conditions. These are important. You should read them carefully to make sure you understand & that you’re happy with them. If there is anything that you do not understand you should seek advice.

The agreement between you and us is made on the following terms & conditions:

1. Definition of Terms:

1.1	‘You’ means you the person entering into this agreement named in the Debt Management plan.
1.2	‘Us’ and ‘We’ means Burgess Bowen Financial Services Ltd, registered office 103 Bradley House, Radcliffe Moor Road, Bolton, Lancashire, BL2 6RT. Registrations No: 6890802. Consumer Credit License No: 0628330.
1.3	‘Debt Management Plan’ means the plan of repayments paid to your creditors through Burgess Bowen Financial Services Ltd.
1.4	‘Cleared funds’ means:
-	any funds that we have received through electronic transfer into our bank account or (as the case maybe) client account with our bank (for example Debit Card Payments or a Standing Order) which we know came from you and which have not been returned unpaid;
-	Any cash, postal order or banker’s draft made payable to us or to our client account that we have received from you and which we know came from you.
-	Any cheque received and banked by us either into our bank account or client account, but only if we have received notice from our bank that the cheque has been returned unpaid within 10 days.
1.5	‘Creditors’ means all the organisations / people, or both that you have told us you owe money to and who are referred to in the monthly payment plan.
1.6	‘Disposable Income’ means the amount of money you have available to repay to your creditors each month having taken account of your income, your reasonable living expenses and any other financial commitments, including payments to secured creditors. This is calculated by us based on the information you provide to us.
1.7	‘Period’ means the estimate (based on the information you have provided us) of the minimum period, it will take to repay all of your creditors in full, through us, by using the monthly payment plan. We work out this period by dividing your total declared debt by your disposable income (used to calculate your monthly payment plan) less our management fee.
1.8	‘Initial Fee’ means the payment you make to us (Made payable to Burgess Bowen Financial Services Ltd) in order for us to set up your monthly payment plan to your creditors. This is calculated from the financial information that you provided to us in the application process. It will be used to cover our initial cost in collecting and reviewing your documentation, for setting up your monthly payment plan and for our professional services in liaising with your creditors. The initial fee is retained by us and will not be paid to your creditors. This is equivalent to the first 2 months payments to the plan.
1.9	‘Monthly Payment’ means the total payment made each month by you to Burgess Bowen Financial Services Ltd, to distribute between the creditors.
1.10	‘Monthly Payment Plan’ (Which is your Debt Management Plan) means the plan of repayment by which you are able to repay your creditors through us according to your disposable income. It includes and changes to the plan.
1.11	‘Monthly Repayments’ means the total amount paid by us to the creditors each month

2. Agreement:

2.1	You have requested us and we agree to act on your behalf, as debt advisors to provide the debt repayment service together with advisor & administration services, as described in this agreement.
2.2	The agreement between you and us shall begin once we have received the Client Authority Form, required supporting documentation and the initial payment in cleared funds. The agreement shall continue until the final repayment has been made to the creditors.
2.3	If you change you mind under the consumer protection regulation 2000 (distance selling), you have a ‘cooling off period’. During the 7 days from when you return the Client Authority Form to us, you may cancel the agreement by sending written notice by registered post to Burgess Bowen Financial Management, 23 New Mount Street, Manchester, M4 4DE or by faxing 0161 953 6718. This agreement will be then at an end and we will refund you, in full, all monies, which you have paid us and which have cleared through our general client bank account (including your initial fee). Please note we are unable to accept verbal cancellation instructions and we will only accept written notification from you.
2.4	You may also end this agreement at any time for any reason, but giving us two weeks written notice as per the details given in 2.3. If you provide us with written confirmation to cancel outside of the ‘cooling off period’ this agreement will then be at an end. However, we will be entitled to retain in full the initial fee, which you have paid and have cleared through our bank account.
2.5	When you start your monthly payment plan and pay your initial fee you may fall behind (or further behind) with your creditors. Unless your creditors agree to reduce or freeze interest & charges, this will lead to an increase in the total amount of debt you will have to repay to your creditors. Also, this may affect your credit rating and you may find it difficult to obtain credit until you complete you monthly payment plan, and even after that time. Because we receive payments from you in cleared funds, the date that we make payment to your creditors may not match the date that your contractual payments to your creditors are due. We cannot guarantee that your creditors will not charge you interest, penalties and any other charge as a result or this or take legal action.
2.6	This agreement will continue for the period or until you end the agreement as set out on clauses 2.4. It is important that you understand that this period is an estimate and will increase if:
-	Your disposable income reduces and we have to reduce your monthly payment as a result: or
-	Your creditors charge you interest, penalties and any other charges after your monthly payment plan has started.
2.7	Our total liability for all claims shall not exceed an amount equal to the initial fee you make to us.
2.8	In any case, we will not be responsible for any delay or other things, which for reasons beyond our reasonable control.
2.9	This clause does not affect our liability for death or personal injury resulting from our negligence. Nothing in the agreement affects you legal rights.

3. What you pay us:

3.1	You pay us our initial fee and then a monthly management fee. After you have paid us our initial fee you will pay a monthly payment as set out in your standing order mandate.
3.2	An Initial Fee – this is calculated from the financial information provided to us in the application process; this is equivalent to the first two months payment to the plan. This fee is used to help cover our initial costs in reviewing your documentation; for setting up your monthly payment plan; and for our professional services in liaising with your creditors and setting up of your debt management plan. The Initial Fee is retained by us and will not be distributed to your creditors and can be paid in two separate installments.
3.3	Management Fee – this is the Fee payable for our Services each month and is to cover the cost of administering payments to creditors, dealing with queries from them and providing our professional services to you. It is an amount equal to 17.625% of your Monthly Payment (apart from your first two Monthly Payments which is the Initial Fee) this will be a minimum of £35 and no more than £100. This fee is used to cover the ongoing work involved in managing your DMP and includes distributing funds to creditors on your behalf: dealing with phone calls and letters to and from your creditors; compiling detailed payment statements which we will send to you on a regular basis; and any help or advice you require whilst the DMP is in progress.

4. Our Responsibilities:

4.1	After we have received the Client Authority Form, signed by you, and the payment of the initial fee, we will liaise with your creditors as necessary so we can provide the service to you.
4.2	Having received payments from you in cleared funds into our client trust account, as described in your monthly payment plan, we will issue payments to your creditors, after deducting our management fee. We will issue these payments promptly and normally within five working days of receiving cleared funds from you. If we have not issued these funds to your creditors within the timescale, we will take all reasonable steps to contact you and let you know what has happened and the reason for the delay.
4.3	If in any month you pay us an amount which is less than the monthly payment as set out in your monthly payment plan, we may not issue payments to your creditors as described in clause 4.2 if these payments would be below the amounts normally accepted by your creditors.
4.4	So that we can issue payments for you to your creditors, we will let them know about your financial circumstances and our involvement. We will then make revised offers of payments to your creditors for the debts, or debts, you owe as described in the monthly payment plan.
4.5	We will ask your creditors to accept the revised payments and to reduce or freeze interest and any other charges and (where appropriate) to suspend or withdraw any enforcement proceedings which are related to your debts with them. 4.6 We will keep you regularly updated with our dealings with your creditors.
4.7	When we start to issue payments to your creditors, at that time or shortly afterwards we will confirm in writing by way of monthly statements showing the amount that we have issued to each of your creditors.
4.8	On or around the anniversary of this agreement we will contact you to review your monthly payment plan. We will review each debt and may contact your creditors to ensure the information we hold is updated. We will review whether the information we hold in relation to your circumstances is up to date. As part of this process we will try and identify how you may be able to pay off your debts more quickly. Then in light of the payments we are issuing to your creditors and any other relevant circumstances, we will send you an updated statement showing the details of the revised monthly payment plan, management fee and period.
4.9	If your circumstances change and your request is reasonable and you ask us in writing, we will also review your current monthly payment plan, on the same basis as set out above in clause 4.8.
4.10	If at any time a change is made to the monthly payment plan, we will send you an updated statement showing the details of the revised monthly payment plan, management fee and period.

5. What we do not do:

5.1	We do not lend more or provide any credit facilities.
5.2	We do not issue payments to your creditors without having first received cleared funds from you.
5.3	We do not give you legal advice.
5.4	While we try to make sure that your creditors freeze or reduce interest and any other charges, we cannot guarantee that your creditors will stop continuing to charge interest and any other charges if they want to do this. If this is the case this will result in an increase in the total debt you have to repay and an increase in the period.
5.5	While we try and make sure that your creditors suspend or withdraw any enforcement proceedings, we cannot stop your creditors from sending you default notices or taking, or continuing with, any other legal action to recover your debts with them if they want to do this. If you creditors take or continue with this action, you may have to pay costs which they will add to your debts.
5.6	We do not issue reduced payments, on your behalf, on your secured loans. You must make sure that you continue to make your usual payments in full towards any mortgage or other secured loans. However we will take these payments into account when we work out your disposable income in the monthly payment plan.
5.7	We reserve the right to exclude from the monthly payment plan unsecured debts that are less than three months old at the time this agreements starts and certain other debts at our discretion. We will take these payments into account when we calculate your disposable income in the monthly payment plan.
5.8	Based on the information provided to us by you, we will review your income, outgoings and expenditure. We will draft you a payment plan which suggest a monthly payment to the creditors which we believe you can afford. This suggested monthly payment will include the repayment to any creditors and also our fees.
5.9	We will notify your creditors of our agreement and attempt to agree with the revised terms. In particular we shall attempt to agree to freeze or reduce interest charges and that they withdraw any proceedings against you.
5.10	If your circumstances should change and you are not able to meet the monthly payments we shall review your financial situation and try and renegotiate with your creditors. We will revise the payment plan accordingly
5.11	We shall pay your creditors in accordance with the Debt Management Plan
5.12	All payments made to us will be paid into a Client Account which is separate to our own business accounts. At all times money held in this account to be paid to creditors will be classed as client monies. No interest will be payable on funds in the client account.
5.13	During the negotiation process some creditors may continue to charge interest or other charges. We cannot always prevent these but they will be included to be paid off as part of the debt management plan.
5.14	Reduced payments to your creditors may affect your credit rating.

6. Your Responsibilities:

6.1	You will provide us with the relevant information relating to your finances. This includes income and expenditure, your creditors and any agreements you may have with them, any loans, mortgages, any dependants and any judgments made against you.
6.2	You will need to sign the Client Authority Form and send in the initial payment
6.3	You will send any creditor post including statements and any documentation regarding your creditors and the money you owe them. Once the debt program has commenced you will agree not to use your credit cards or take out any loans. You will endeavor to keep to the expenditure set out in the plan and not incur any further debt.
6.4	You will inform us of any change in financial circumstances so that we can review the plan accordingly.
6.5	You will remain responsible for continuing to pay any secured loans, mortgages or hire purchase agreements and all household bills.
6.6	If you do not maintain regular monthly payments we will suspend action and any payments on your account. Your creditors may have to be informed that payments are not being maintained. This may result in your creditors continuing any legal action against you for which we cannot be held responsible.

7. Payment Terms:

7.1

All received payments in cleared funds will be paid directly into our client account. From this payment we shall pay the agreed monthly repayment to the appropriate creditors and payment of our fees. We shall distribute the agreed amounts to the creditors normally within 5 days of receiving cleared funds. If there is a delay in this payment over and above 5 days due to circumstances which are in our control then we shall make good any additional interest which may have arisen due to late payments.

7.2

The Initial payments made to Burgess Bowen Financial Services Ltd will be used to cover the setting up charges and negotiating with the creditors.

8. Termination of the Agreement:

8.1	You have the right to cancel this agreement under clause 2.3. You may also terminate this agreement at any time and for any reason by giving us two weeks written notice as per clause 2.4.

9. When this Agreement ends:

9.1	Our duties and obligations under this agreement will come to an end
9.2	You may within 30 days of the end of this agreement request us to return all paperwork received from you or your creditors that has been retained by us.
9.3	Your liability to your creditors will continue to the extent that any amounts you owe to your creditors remain outstanding over and above the repayments made to them under the monthly payment plan.

10. Data Protection Statement:

10.1	We will collect personal information about you both directly from you and your creditors as authorised by your Client Authority Form. We may also collect further information as a result of managing your payment plan.
10.2	We will use your personal information to provide our services to you
10.3	We may also use your personal information to provide you with details of other products and services which we think may be of interest to you. In addition we may share these with select third parties and they may contact you directly to provide you details of such products and services.
10.4	Please let us know if you do not want us to disclose your personal information by writing to us at the above address.
10.5	Other than as set out above, we will only disclose your personal information to the extent required by law, court order or as requested by other government or law enforcement authorities or to any entity or company to who we either transfer or subcontract any or all of our obligations to.
10.6	At any time you may contact us to request a copy of the personal information we hold about you. There will be a charge of £5.00

Individual Voluntary Arrangement (IVA) Advisory Service Terms & Conditions

The terms of this agreement are set out in the following terms & conditions. These are important. You should read them carefully to make sure you understand & that you’re happy with them. If there is anything that you do not understand you should seek advice.

The agreement between you and us is made on the following terms & conditions:

1. Definition of Terms:

1.1	‘You’ means you the person entering into this agreement named in the Debt Management plan.
1.2	‘Us’ and ‘We’ means Burgess Bowen Financial Services Ltd, registered office 103 Bradley House, Radcliffe Moor Road, Bolton, Lancashire, BL2 6RT. Registrations No: 6890802. Consumer Credit License No: 0628330.
1.3	‘Creditors’ means all the organisations / people, or both that you have told us you owe money to and who are referred to in the monthly payment plan.
1.4	‘Disposable Income’ means the amount of money you have available to repay to your creditors each month having taken account of your income, your reasonable living expenses and any other financial commitments, including payments to secured creditors. This is calculated by us based on the information you provide to us.
1.5	‘IVA’ means Individual Voluntary Arrangement
1.6	‘IVA Advisor Service Fee’ means the amount you will pay us in order for us to provide the IVA advisor service. This is equivalent to two months disposable income and is calculated from the information that you provide to us in the application process. This fee will be used to cover our costs in assessing and analyzing your financial position in order to advise on the most appropriate option to deal with your particular situation. The IVA advisory service fee is retained by us and will not be allocated towards your IVA or paid towards your creditors.
1.7	‘Insolvency practitioner’ means the licensed Insolvency practitioner we introduce you to.
1.8	‘IVA Advisory Service’ means the services we provide you in connection to your debts as defined further in clause 3.

2. Agreement:

2.1	You have asked us, and we have agreed to introduce you to an insolvency practitioner.
2.2	This agreement will commence on the date that you return the client information form. Once we have received a copy of the Client Information Form and payment instructions for the IVA Advisory Service, the service will begin at that time.
2.3	We do not provide you with the IVA Advisory Service to you unless; you have signed and returned a copy of the Client Information Form; returned supporting documentation; and paid the IVA Advisory Service Fee.

3. What we will do:

3.1	We will assemble of the information that you provide into a financial review and determine the most appropriate solution for your particular needs. We will discuss all the relevant options with you and deal with any concerns you may have regarding the IVA process. We will then introduce your case to a license Insolvency Practitioner, your case will then be processed by him/her and he/she will liaise with you and your creditors in order to prepare your IVA proposal.
3.2	We will ask you to pass us (or to any person/company/Insolvency practitioner that we nominate) copies of all correspondence you have received from your creditors and to let us know about any dealings you may have with these creditors. Using this information, your insolvency practitioner will work on your behalf.
3.3	If, for any reason you not enter into and Individual Voluntary Arrangement, we may refer other services to you.

4. What we do not do:

4.1	We do not lend you any money or give you any credit facilities.
4.2	We do not give you any legal advice.
4.3	We do not issue payments to your creditors as part of the IVA advisory Service.
4.4	We do not give advice on how to, or contact your creditors in order to: restructure your debts; or change your debt repayments; or settle your debts early.

5. What you will do:

5.1	You agree to cooperate fully with us and follow our reasonable instruction so that we can provide the IVA advisory service to you.
5.2	You agree to refraining from taking out or procuring the advance of further credit from whatever source, or entering into any kind of credit agreement.
5.3	You agree to sign the necessary Forms of Authority or other documents so that we may carry our obligations under this agreement.
5.4	You will promptly supply us with copies of all correspondence you have received from your creditors and let us know about any direct dealings you may have had with your creditors if requested to do so.
5.5	You will provide us with any information which we may legitimately request relating to your finances or personal circumstances, so that we may inform the Insolvency Practitioner on your behalf.
5.6	You will endeavour to ensure that all information that you provide to us is, to the best of your knowledge accurate and not misleading. Such information will include, but will not be limited to details of your income & expenditure, the number of dependants together with details on any assets that you own; details of your creditors including any mortgages or secured loans you have; information of any judgments made or pending against you.
5.7	By signing the Client Authority Form, your authorize us to liaise with and exchange personal information with the Insolvency Practitioner introduced by us so that we may provide the IVA Advisory Service to you.
5.8	You accept the IVA Advisory Service fee is retained by us and will be in addition to any payments you maybe required to make towards you IVA. Because the IVA Advisor Service fee is retained by us, you accept that, unless you continue to make payments to your creditors prior to your IVA being accepted by your creditors that you may fall behind (Or further behind) with your creditors. Unless your creditors agree to reduce or freeze interest and other charges, this may lead to an increase in the total debt amount owed.
5.9	Under the consumer protection regulation 2000 (distance selling), you have a ‘cooling off period’. During the 7 days from when you return the Client Authority Form to us, you may cancel the IVA Advisory Service agreement by sending written notice by registered post to Burgess Bowen Financial Management, 23 New Mount Street, Manchester, M4 4DE or by faxing 0161 953 6718. This agreement will be then at an end and we will refund you, in full, all monies, which you have paid us and which have cleared through our general client bank account (IVA Advisory Fee) Please note we are unable to accept verbal cancellation instructions and we will only accept written notification from you.
5.10	You may also end this agreement at any time for any reason, but giving us two weeks written notice as per the details given in 5.9. If you provide us with written confirmation to cancel outside of the ‘cooling off period’ this agreement will then be at an end. However, we will be entitled to retain in full the IVA Advisory Service fee, which you have paid and have cleared through our bank account.

6 . Fees and Costs:

6.1

At any time following expiration of the 7 day ‘cooling off’ period and in the event that you have not, during the cooling off period, notified us in writing of your intention to terminate this agreement with us, if for any reason you IVA does not proceed we shall be entitled to retain in full the IVA Advisory Service fee.

7. Our Responsibility:

7.1	We will provide the IVA Advisory Service with reasonable care and skill, but we cannot guarantee the result of the IVA Advisory Service or guarantee that the IVA proposal as put forward y your Insolvency practitioner will be accepted by your creditors. The Insolvency Practitioners professional Advice will be independent of us at all times and as such we don’t accept responsibility for anything your Insolvency practitioner does, or fails to do.
7.2	Our total liability for all claims of any kind under this agreement shall not exceed an amount equal to the IVA Advisory Service Fee you make to us.
7.3	In any case, we will not be responsible for any delay or other things, which happen for reasons beyond our reasonable control.
7.4	This clause does not affect our liability for death or personal injury resulting from our negligence. Nothing in the agreement affects you legal rights.

8. Termination of the Agreement:

8.1	You have the right to cancel this agreement under clause 5.9. You may also terminate this agreement at any time and for any reason by giving us two weeks written notice as per clause 5.10.

9. When this Agreement ends:

9.1	Our duties and obligations under this agreement will come to an end
9.2	You may within 30 days of the end of this agreement request us to return all paperwork received from you or your creditors that has been retained by us.

10. Data Protection Statement:

10.1	We will collect personal information about you both directly from you and your creditors as authorised by your Client Authority Form. We may also collect further information as a result of managing your payment plan.
10.2	We will use your personal information to provide our services to you
10.3	We may also use your personal information to provide you with details of other products and services which we think may be of interest to you. In addition we may share these with select third parties and they may contact you directly to provide you details of such products and services.
10.4	Please let us know if you do not want us to disclose your personal information by writing to us at the above address.
10.5	Other than as set out above, we will only disclose your personal information to the extent required by law, court order or as requested by other government or law enforcement authorities or to any entity or company to who we either transfer or subcontract any or all of our obligations to.
10.6	At any time you may contact us to request a copy of the personal information we hold about you. There will be a charge of £5.00

Protected Trust Deed (PTD) Advisory Service Terms & Conditions

The terms of this agreement are set out in the following terms & conditions. These are important. You should read them carefully to make sure you understand & that you’re happy with them. If there is anything that you do not understand you should seek advice.

The agreement between you and us is made on the following terms & conditions:

1. Definition of Terms:

1.1	‘You’ means you the person entering into this agreement named in the Debt Management plan.
1.2	‘Us’ and ‘We’ means Burgess Bowen Financial Services Ltd, registered office 103 Bradley House, Radcliffe Moor Road, Bolton, Lancashire, BL2 6RT. Registrations No: 6890802. Consumer Credit License No: 0628330.
1.3	‘Creditors’ means all the organisations / people, or both that you have told us you owe money to and who are referred to in the monthly payment plan.
1.4	‘Disposable Income’ means the amount of money you have available to repay to your creditors each month having taken account of your income, your reasonable living expenses and any other financial commitments, including payments to secured creditors. This is calculated by us based on the information you provide to us.
1.5	‘PTD’ means Protected Trust Deed.
1.6	‘PTD Advisor Service Fee’ means the amount you will pay us in order for us to provide the PTD advisor service. This is equivalent to two months disposable income and is calculated from the information that you provide to us in the application process. This fee will be used to cover our costs in assessing and analyzing your financial position in order to advise on the most appropriate option to deal with your particular situation. The PTD advisory service fee is retained by us and will not be allocated towards your PTD or paid towards your creditors.
1.7	‘Insolvency practitioner’ means the licensed Insolvency practitioner we introduce you to.
1.8	‘PTD Advisory Service’ means the services we provide you in connection to your debts as defined further in clause 3.

2. Agreement:

2.1	You have asked us, and we have agreed to introduce you to an insolvency practitioner.
2.2	This agreement will commence on the date that you return the client information form. Once we have received a copy of the Client Information Form and payment instructions for the PTD Advisory Service, the service will begin at that time.
2.3	We do not provide you with the PTD Advisory Service to you unless; you have signed and returned a copy of the Client Information Form; returned supporting documentation; and paid the PTD Advisory Service Fee.

3. What we will do:

3.1	We will assemble of the information that you provide into a financial review and determine the most appropriate solution for your particular needs. We will discuss all the relevant options with you and deal with any concerns you may have regarding the PTD process. We will then introduce your case to a license Insolvency Practitioner, your case will then be processed by him/her and he/she will liaise with you and your creditors in order to prepare your PTD proposal.
3.2	We will ask you to pass us (or to any person/company/Insolvency practitioner that we nominate) copies of all correspondence you have received from your creditors and to let us know about any dealings you may have with these creditors. Using this information, your insolvency practitioner will work on your behalf.
3.3	If, for any reason you not enter into and Individual Voluntary Arrangement, we may refer other services to you.

4. What we do not do:

4.1	We do not lend you any money or give you any credit facilities.
4.2	We do not give you any legal advice.
4.3	We do not issue payments to your creditors as part of the PTD advisory Service.
4.4	We do not give advice on how to, or contact your creditors in order to: restructure your debts; or change your debt repayments; or settle your debts early.

5. What you will do:

5.1	You agree to cooperate fully with us and follow our reasonable instruction so that we can provide the PTD advisory service to you.
5.2	You agree to refraining from taking out or procuring the advance of further credit from whatever source, or entering into any kind of credit agreement.
5.3	You agree to sign the necessary Forms of Authority or other documents so that we may carry our obligations under this agreement.
5.4	You will promptly supply us with copies of all correspondence you have received from your creditors and let us know about any direct dealings you may have had with your creditors if requested to do so.
5.5	You will provide us with any information which we may legitimately request relating to your finances or personal circumstances, so that we may inform the Insolvency Practitioner on your behalf.
5.6	You will endeavour to ensure that all information that you provide to us is, to the best of your knowledge accurate and not misleading. Such information will include, but will not be limited to details of your income & expenditure, the number of dependants together with details on any assets that you own; details of your creditors including any mortgages or secured loans you have; information of any judgments made or pending against you.
5.7	By signing the Client Authority Form, your authorize us to liaise with and exchange personal information with the Insolvency Practitioner introduced by us so that we may provide the PTD Advisory Service to you.
5.8	You accept the PTD Advisory Service fee is retained by us and will be in addition to any payments you maybe required to make towards you PTD. Because the PTD Advisor Service fee is retained by us, you accept that, unless you continue to make payments to your creditors prior to your PTD being accepted by your creditors that you may fall behind (Or further behind) with your creditors. Unless your creditors agree to reduce or freeze interest and other charges, this may lead to an increase in the total debt amount owed.
5.9	Under the consumer protection regulation 2000 (distance selling), you have a ‘cooling off period’. During the 7 days from when you return the Client Authority Form to us, you may cancel the PTD Advisory Service agreement by sending written notice by registered post to Burgess Bowen Financial Management, 23 New Mount Street, Manchester, M4 4DE or by faxing 0161 953 6718. This agreement will be then at an end and we will refund you, in full, all monies, which you have paid us and which have cleared through our general client bank account (PTD Advisory Fee) Please note we are unable to accept verbal cancellation instructions and we will only accept written notification from you.
5.10	You may also end this agreement at any time for any reason, but giving us two weeks written notice as per the details given in 5.9. If you provide us with written confirmation to cancel outside of the ‘cooling off period’ this agreement will then be at an end. However, we will be entitled to retain in full the PTD Advisory Service fee, which you have paid and have cleared through our bank account.

6. Fees and Costs:

6.1

At any time following expiration of the 7 day ‘cooling off’ period and in the event that you have not, during the cooling off period, notified us in writing of your intention to terminate this agreement with us, if for any reason you PTD does not proceed we shall be entitled to retain in full the PTD Advisory Service fee.

7. Our Responsibility:

8. Termination of the Agreement:

7.1	We will provide the PTD Advisory Service with reasonable care and skill, but we cannot guarantee the result of the PTD Advisory Service or guarantee that the PTD proposal as put forward y your Insolvency practitioner will be accepted by your creditors. The Insolvency Practitioners professional Advice will be independent of us at all times and as such we don’t accept responsibility for anything your Insolvency practitioner does, or fails to do.
7.2	Our total liability for all claims of any kind under this agreement shall not exceed an amount equal to the PTD Advisory Service Fee you make to us.
7.3	In any case, we will not be responsible for any delay or other things, which happen for reasons beyond our reasonable control.
7.4	This clause does not affect our liability for death or personal injury resulting from our negligence. Nothing in the agreement affects you legal rights.

8.1	You have the right to cancel this agreement under clause 5.9. You may also terminate this agreement at any time and for any reason by giving us two weeks written notice as per clause 5.10.

9. When this Agreement ends:

9.1	Our duties and obligations under this agreement will come to an end
9.2	You may within 30 days of the end of this agreement request us to return all paperwork received from you or your creditors that has been retained by us.

10. Data Protection Statement:

10.1	We will collect personal information about you both directly from you and your creditors as authorised by your Client Authority Form. We may also collect further information as a result of managing your payment plan. 10.2 We will use your personal information to provide our services to you
10.3	We may also use your personal information to provide you with details of other products and services which we think may be of interest to you. In addition we may share these with select third parties and they may contact you directly to provide you details of such products and services.
10.4	Please let us know if you do not want us to disclose your personal information by writing to us at the above address.
10.5	Other than as set out above, we will only disclose your personal information to the extent required by law, court order or as requested by other government or law enforcement authorities or to any entity or company to who we either transfer or subcontract any or all of our obligations to.
10.6	At any time you may contact us to request a copy of the personal information we hold about you. There will be a charge of £5.00.