Terms & Conditions

Terms & Conditions of Business - Lewis Alexander Limited - Debt Management Plan

The key features of the Consumer Protection Distance Selling regulations are:

  • We must give consumers clear information including details of the goods or services offered, delivery arrangements and payment, the supplier's details and the consumer's cancellation right before they buy (known as prior information).
  • We must also provide this information in writing.
  • The consumer has a cooling-off period of seven working days.

The Consumer Protection (Distance Selling) Regulations 2000 can be seen on the Office of Public Sector Information website.

Terms & Conditions

1. Our Agreement

Account information, such as payment history, including reduced, late or missed payments is collected by Credit Reference Agencies until the account is closed and then held on a consumer's credit record for a further six years. Default Notices are kept for six years from the date of default. An account may be recorded as defaulted if only token amounts are repaid. Any adverse data held on a consumer's credit record will influence creditor's decisions and is therefore very likely to restrict a consumer's ability to obtain credit and/or affect the cost of credit, including a mortgage and even a mobile phone contract. The information on a consumer's credit file may also affect a consumer's well being in other ways, for example, it may be requested by potential employers.

You appoint us and we agree to act for you as your agent so that we can prepare a debt management programme for you. You will sign the Authority To Act and send this back to us. This authorises Lewis Alexander to speak to your creditors and to discuss your financial situation with them. We cannot contact your creditors and discuss your situation directly with them unless we have received your signed Authority To Act. We will then ask your creditors to agree to restructure your payments to them. We will ask them to agree to reduce payments and to freeze interest payments or other charges & fees.

2. Monthly Repayments

You will pay us your first monthly payment on the date that we have both agreed. This is worked out by deducting your monthly expenditure from your monthly income, the amount left becomes your new monthly payment to Lewis Alexander. Each month, you will pay us the agreed amount on the dates that we will have both agreed. We have a separate secure client bank account that all your monthly payments will be paid into. The purpose of this account is to make payments on behalf of the people we are acting for and to secure their monies in the event of any closure of Lewis Alexander Limited. This account is called our Client Account. We do not charge initial fees (a charge for setting up your debt management plan ) Your first payment onwards WILL get distributed to your creditors. The first payment is not refundable within a 14 day period of payment as it is distributed to your creditors minus our monthly fee. (If a clients creditor has started debt collection proceedings on a credit account that we will be dealing with when the client joins our service, it is a common requirement for the client to request that the creditor is contacted as soon as possible to prevent further collection action on the account. We cannot guarantee no further action will be taken if the respective creditor or collector is contacted immediately by Lewis Alexander. Delayed or Missed Payments to creditors will cause a consumer to go into or further into arrears and creditors could issue a default notice. Each month, we will take our monthly management fee out of your monthly payments, before these are paid to your creditors. Your monthly management fee is set at £35 per month for repayments from £100 up to £249, £50 from £250-£349 and £65 for repayments over £350. If you begin paying above £350 and have to reduce your payments beneath £350, you will benefit from the reduced fees.

3. Programme Cancellation

There is no binding contract on either side; both the company and client can withdraw at any time. If you have not made a monthly payment within 21 days of the due date for that payment your Debt Management Programme can or will be cancelled by Lewis Alexander without further notice and a without further instruction letter will be sent to your respective creditors. This is at the discretion of the management. If you want to cancel, you will get back any money that has not yet been paid to your creditors when you cancel that is held in the client account for you. This refund will be less our monthly management fee, which we will keep as payment for the work we have done for you. If you want to cancel you must tell us this in writing. Our authority to act as your agent will then be cancelled. Your creditors may then ask for full payments to be made and may not allow any reduced interest payments to continue. We may cancel the programme at any time by giving you notice in writing. This notice will be sent to the address that you have told us you live at. If we decide to cancel the programme, this will only be because;

  • We have not received a monthly payment from you within a reasonable period
  • You have paid an amount that differs to the set monthly amount both parties agreed upon. (being / Client and Lewis Alexander Limited)
  • The details you gave us about the amounts you owe are substantially wrong
  • You have not told us quickly about any changes to the details of your creditors. This includes, but is not limited to, changes to the identities of your creditors, changes to the amounts you owe or any information about significant letters to or from your creditors.
  • Termination Process - If we are unable to contact you to update your personal circumstances along with your income and expenditure details withn a 12 month period of our last contact, we are required through regulation to terminate your debt management plan as it would be considered there is non-engagement on behalf of you the client. This termination process would notify you in writing at the start, after 14 further days of no contact, another request letter would be sent. If there is no contact after 31 days in total since the date of the first request letter, your plan will be terminated and your creditors subsequently informed.

Unless the programme is cancelled by you or us, these terms of business shall stay in force until your creditors are repaid as agreed as part of your programme.

The key features of the Consumer Protection Distance Selling regulations are;

  • We must give consumers clear information including details of the goods or services offered, delivery arrangements and payment, the supplier's details and the consumer's cancellation right before they buy (known as prior information).
  • We must also provide this information in writing
  • The consumer has a cooling-off period of seven working days

The Consumer Protection (Distance Selling) Regulations 2000 can be seen on the Office of Public Sector Information website

4. We both agree that

These terms of business are the entire agreement between us and no verbal explanation of any of the terms will change what these terms mean. You have been given full details of your initial fee and monthly fee that we will make. These terms of business can only be changed in writing and any change has to be signed by both you and Lewis Alexander Limited. If any part of these terms of business is invalid, illegal or cannot legally be enforced, this does not affect the rest of the agreement. If we choose not to enforce any of these terms, this does not mean that you do not have to meet any of the other terms, nor does it mean that we cannot enforce that term at some time in the future. All notices that you have to give to us must be sent in writing to our trading address - Freepost RRHJZAGG-KHCY, Lewis ALexander Ltd, Manchester.

5. Your Warranty

You (this means all or both if more than one person) agree that:

  • You are free to enter into an agreement with us and that we can act as your agent
  • You will send us all notices and letters from your creditors and tell us straightaway if you dispute anything with them
  • The list of creditors and the amounts you owe is a full list and you have not left out anything that we should know about.

6. Your Acknowledgement

You agree that:

Your creditors do not have to accept reduced payments or to freeze the interest that they would normally charge. If you arrange to pay your debts over a longer period of time, this may mean an increase in the total amount that you will eventually have to pay. Your creditors can change the payments agreed in the programme at any time and, if they do so, the programme may need to be changed to reflect this. Actions to collect the money you owe can start at any time. There is no guarantee that these will be stopped or put on hold; You should also note that Lewis Alexander, only take over the management of your debts as they still remain your legal responsibility. You should be aware that your credit rating can be impaired and we advise you not to apply for further credit whilst using our services. Any doubt about this can be explained in full. It is vital that debts like your mortgage, rent and utility bills (for example electricity or gas and council tax) are paid. You must not ignore letters or phone calls from your creditors or anyone acting for them; We will attempt to review your programme with you and with your creditors every six to twelve months; You must notify Lewis Alexander immediately if you suffer a further change in circumstances for better or worse which relates directly to your income details provided.

If we only get part of an agreed payment from you, the payment will not be sent on to your creditors until we receive the rest of the agreed payment. The exceptions are if we have agreed this with you or we decide to make a part payment for you; In this case a normal management fee of £35 / £50 / £65 (as appropriate) would be charged If any organisation you owe money to starts legal proceedings against you, we strongly advise you to get legal advice straightaway. Our terms of business do not include providing this kind of help.

7. Our Promise and Liability

We promise that we will provide our debt consolidation help and management service to you using reasonable care and skill. We will do our best to agree a programme of repayments with your creditors. We will have no liability to you for any loss, damage, costs, expenses or other claims for compensation that arise from information that you or your creditors have given if this is incomplete or wrong. We will not have any liability to you if any information you or your creditors provide is late or does not arrive. We will not be in breach of these terms of business or be liable for any inability to carry out our part of the programme if this is due to any fault of yours or your creditors, or where we cannot carry out our obligations because of anything beyond our reasonable control.

8. Recording telephone calls

We are always trying to improve our service. To help our staff training and development, we may tape conversations between you and our staff. We may also use these recordings as a record of instructions from you or to establish what may or may not have been said.

9. Storage and destruction of paperwork

All correspondence to do with your programme (including letters to and from you or your creditors) will be kept by Lewis Alexander Limited for as long as we require, on electronic scanning systems only. Hard copies wil be shredded, they are no longer safe to hold in offices. If you do not want your paperwork back, we will destroy it.

10. Data Protection

The information you supply will be held by Lewis Alexander Ltd in order to provide your debt management programme. We will contact your creditors to arrange a repayment schedule for you and may contact them from time to time to ensure that our records are up to date. We may use your details to contact you about goods or services that might interest you. You may be contacted either by Lewis Alexander Limited, or selected organisations acting on Lewis Alexander's behalf or in conjunction with Lewis Alexander. If you do not wish your details to be used for this purpose, please write to us at Lewis Alexander Ltd, Freepost RRHJ-ZAGG-KHCY, Manchester.

Please use the following link to view our Complaints Procedure.



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