FEES AND MANAGEMENT OF COLLECTION CASES
Terms and conditions
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We will take the greatest care to carry out the collection mission that you have entrusted to us. So that we can fulfill our commitments in your interest, please send us:
A 'power of attorney' legalized as a mandate to allow us to legally represent you with debtors for the debts for which you have entrusted us with the recovery
A copy of the letters you have sent to debtors to inform them of the mission entrusted to our firm,
The valid location of the debtor
The valid contacts (name, function, telephone, email) of the resource persons at the debtor exclusively for the processing of your invoices and your payments
All of the invoices constituting the debt accompanied by evidence of the performance of the services
Copies of commercial contracts you have with debtors
Details of previous and current disputes with the debtor
The amounts to which the client would be liable to the debtor (knowing that this amount will be excluded from the basis for calculating the firm's fees)
All other relevant information in your possession for the proper handling and management of your recovery file.
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Our fees* (excluding taxes) are between 40,000 and 60,000 CFA per hour spent on the file.
Our fees are based on certain elements such as the nature and complexity of the case or, where applicable, the value of the claim. A significant portion of our fees are used to cover the operating costs of the practice and therefore do not constitute a profit.
* Fees are calculated based on the cumulative time spent on the file by all the collection agents assigned to it.
In addition, when opening a new file, the prior lump sum payment of 500,000 CFA will be required as file opening costs, as well as a provision to be applied to costs and fees representing 1% of the total amount of debt to be recovered.
Photocopies, travel expenses, telephone expenses, research expenses, legal consultation expenses, mission expenses (including travel, accommodation, and catering) and third-party payments (courts, administrations, bailiffs, etc.) are billed separately as disbursements. All disbursements are the responsibility of the customer.
Fee notes are payable within 15 calendar days from the date of their transmission. In the event of urgent work necessitating a significant investment on the part of our debt collectors, a flat rate for urgent work of 20% will be invoiced to the client. The latter can reduce the time spent by debt collectors by providing them with all the necessary documents within 07 calendar days.
Photocopies, travel expenses, telephone expenses, research expenses, legal consultation expenses, mission expenses (including travel, accommodation, and catering) and third-party payments (courts, administrations, bailiffs, etc.) are billed separately as disbursements. All disbursements are the responsibility of the customer.
Fee notes are payable within 15 calendar days from the date of their transmission. In the event of urgent work necessitating a significant investment on the part of our debt collectors, a flat rate for urgent work of 20% will be invoiced to the client. The latter can reduce the time spent by debt collectors by providing them with all the necessary documents within 07 calendar days.
The firm has commercially and exceptionally the possibility of agreeing by special agreement with the client, fees as a percentage of the sums recovered without deduction of taxes. When the parties agree on a percentage fee and a dispute subsequently arising between the parties does not allow the continuation and/or completion of the firm's mission (in particular when the client obstructs* the firm's diligence, when he modifies the list of debts initially entrusted to the firm, or when he abruptly breaks the collection agreement without notice, including by drastically reducing the firm's prospective fees), the firm will automatically invoice his fees no longer as a percentage, but according to the scale of 40,000 to 60,000 CFA per hour communicated above, in consideration of the time spent on the file.
*Obstruction includes:
the non-transmission on the date of signature of the collection agreement, of the legalized power of attorney (or of the collection mandate) to the firm
the non-transmission by the client on the date of signature of the collection agreement, of information letters to debtors to announce and communicate to them the framework and limits of the collection mission entrusted to the firm
the non-transmission by the customer on the date of signature of the collection agreement, of all the evidence of the debt (invoices, contracts, purchase orders, delivery notes)
The silence of the client for more than 07 calendar days in the face of requests sent by the firm during the mission
Non-compliance by the client with the contractual clauses (contract binding him to his partners) during the transmission to the firm of information and documents protected by the confidentiality clauses
In the event of sudden termination of the collection agreement, the damages resulting from this termination will be fully borne by the client, including all of the disbursements incurred by the firm.
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Except in the event of obstructions indicated above (and the Firm will be free to pass on the additional costs to the Client), the maximum duration of our diligence until the effective collection of the creditor is 06 months from the date of signature of the 'contract', or the 'agreement' framing our mission.
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In the event of a conflict between the 'specific agreement' and the 'general conditions' giving rise to a disagreement between the parties, the 'general conditions' shall take precedence. The same primacy will prevail in the event of silence in the ‘special agreement’.
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In the event of interruption (partial abrupt termination, total abrupt termination) by the Client of the firm's collection mission in progress, for whatever reason, the Client shall pay the Firm the highest amount between the nominal fees (those in the event of full recovery of the debt) and the amount of resources mobilized by the Firm until the date of the interruption.
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Experience has shown that in Cameroon debt collection is not profitable below 10,000,000 CFA, given that the costs which are generally non-refundable are too high in relation to the amount to be recovered. This is the reason why our firm waives all debt collection below an amount of 10,000,000 CFA.
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The transmission of the debt file (including, without the list being exhaustive: invoices, contracts, correspondence, account statements, evidence of performance of the service, purchase orders, etc.) to our firm as well as the use of the contents of this file which will be made of it by the firm during the execution of its due diligence, is carried out at the risk and peril of the author of the transmission and of the entity to which it belongs, including in the event of a conviction suffered by the firm as a result of these procedures.
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By agreeing to send us a debt file for study and for collection procedures, you de facto adhere to our "PERSONAL DATA PROTECTION POLICY".
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Once the business relationship has been established between the Client and the Firm, the organization of the Firm's missions with the creditor, the debtor, and all other relevant third parties, is the sole responsibility of the Firm. The cost of these visits is the responsibility of the Firm (when there is no dispute between the parties and unless specific contractual terms have been agreed), and the responsibility of the Client in the event of a dispute between the Client and the Firm, in particular for the assumption by the Customer of the costs mobilized. Without the details below being exhaustive, the general principles on which the organization of these missions are based are as follows:
Amount of the receivable to be recovered: The greater the amount of the receivable to be recovered, the more missions will have to be carried out;
Availability of the basic documents of the mission (Power of attorney, information letters, invoices, commercial contracts, etc.): The absence of all or part of the basic documents of the collection mission will increase the number of missions to perform;
Completeness of basic information (Contact details, etc.): The absence of all or part of the basic information of the collection mission will increase the number of missions to be carried out;
Complexity of the invoice processing process: The more complex the invoice processing process at the debtor's, the more missions will have to be carried out;
Location of the debtor entity: The absence of the location of the debtor entity in the information transmitted to the Firm by the Client at the start of the collection mission, will increase the number of missions to be carried out;