Terms & Conditions

Application and Entire Agreement

1. These Terms and Conditions apply to the provision of the services by DMS Enforcement Limited, a company registered in England and Wales under number 13454781 whose registered office is at Kemp House 160 City Road, London, EC1V 2NX (we or us) to the person buying the services (you).
2. You are deemed to have accepted these Terms and Conditions when you either, accept our estimate or quotation, return our instruction form or from the date of any performance of the Services (whichever happens earlier) and these Terms and Conditions and our estimate or quotation (the Contract) is the entire agreement between us.
3. You acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf. These Conditions apply to the Contract to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

Interpretation

4. A “business day” means any day other than a Saturday, Sunday or Bank Holiday.
5. The headings in these Terms and Conditions are for convenience only and do not affect their interpretation.
6. Words imparting the singular number shall include the plural and vice-versa.

Services

7. We warrant that we will use reasonable care and skill in our performance of the Services which will comply with the quotation, including any specification in all material respects. We can make any changes to the Services which are necessary to comply with any applicable law or safety requirement, and we will notify you if this is necessary.
8. We will use our reasonable endeavours to complete the performance of the Services within the time agreed or as set out in the quotation; however, time shall not be of the essence in the performance of our obligations.
9. All of these Terms and Conditions apply to the supply of any goods as well as Services unless we specify otherwise.

Your Obligations

10. You must obtain any permissions, consents, licences or otherwise that we need and must give us access to any and all relevant information, materials, properties and any other matters which we need to provide the Services.
11. If you do not comply with clause 10, we can terminate the Services.
12. We are not liable for any delay or failure to provide the Services if this is caused by your failure to comply with the provisions of this section (Your obligations).

Fees and Deposit (Payment on account)

The fees (Fees / Costs / Charges) for the Services and are on a time and materials basis

13. In addition to the Fees, we can recover from you reasonable expenses including, but not limited to, disbursement costs, such as a) the cost of services provided by third parties and required by us for the performance of the Services, and b) the cost of any materials required for the provision of the Services.
14. You must pay us for any additional services provided by us such as additional enforcement agents; security guards; guard dogs; recovery truck vehicles; locksmiths; removal vehicles; storage of goods & chattels that are not specified in the quotation in accordance with our then current, applicable fee charge structure / hourly rate in effect at the time of performance or such other rate as may be agreed between us.  You give indemnification to cover us for fees for services whether directly or indirectly incurred by us. The provisions of clause 14 also apply to these additional services.
15. The Fees are exclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority.
16. For new clients, at our discretion, you may be required to pay a deposit (“Deposit”) when requested as detailed in the estimate or quotation within 24 hours or before any Services are undertaken.
17. If you do not pay the Deposit to us according to the clause above, we can either withhold provision of the Services until the Deposit is received or can terminate under the clause below (Termination).
18. The Deposit is non-refundable unless we fail to provide the Services and are at fault for such failure, for the avoidance of doubt, where the failure is not our fault, no refund will be made.

Cancellation and Amendment

20. We can withdraw, cancel or amend a quotation if it has not been accepted by you, or if the Services have not started, within a period of 1 day from the date of the quotation, (unless the quotation has been withdrawn).
21. Either we or you can cancel an order/ instruction for any reason prior to your acceptance (or rejection) of the quotation. We will invoice you for payment of the Fees where permissible.
    1. Where cancelation takes place for any reason, Wrongful instruction after DMS Enforcement Limited have been fully instructed by the Client / Claimant, you hereby authorise and instruct us to invoice you, the client for all outstanding letter and/or attendance/ enforcement/ recovery truck costs, locksmith costs, removal vehicle costs, storage charges.
22. If you want to amend / or exclude any details of the Services you must tell us in writing as soon as possible and within 24hrs of the action taking place. We will use reasonable endeavours to make any required changes and additional costs will be included in the Fees and invoiced to you.
23. If, due to circumstances beyond our control, including those set out in the clause below (Circumstances beyond a party’s control), we have to make any change in the Services or how they are provided, we will notify you immediately. We will use reasonable endeavours to keep any such changes to a minimum.

Payment

24. We will invoice you for payment of the Fees where permissible either:
    1. When we have completed the Services.
    2. On the invoice dates set out in the quotation.
25. You must pay the Fees due within 7 days of the date of our invoice or otherwise in accordance with any credit terms agreed between us.
26. Payment can only be accepted in the following methods; BACS, CHAPS.
27. Time for payment shall be of the essence of the Contract.
28. 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 2% 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.
29. 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 of us 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.
30. Clients who pay late must by law pay compensation and penalty interest. The Late Payment of Commercial Debt (Interest) Act (1988) was amended in 2002 to include fixed penalties in addition to interest. For debt of less than £1000 the penalty is £40, rising to £70 for debts up to £9,999.99 and £100 above that. Interest is payable at 8 per cent over Bank of England base rate. The penalties and interest now apply to all businesses regardless of size. We reserve the right to apply charges where necessary once late default on invoice occurs.
31. 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.
32. Receipts for payment will be issued by us only at your request.
33. All payments must be made in British Pounds unless otherwise agreed in writing between us.

Sub-Contracting and Assignment

34. We can at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of our rights under these Terms and Conditions and can subcontract or delegate in any manner any or all of our obligations to any third party.
35. You must not, without our prior written consent, assign, transfer, charge, subcontract or deal in any other manner with all or any of your rights or obligations under these Terms and Conditions.

Termination

36. We can terminate the provision of the Services immediately if you:
    1. commit a material breach of your obligations under these Terms and Conditions; or
    2. fail to make pay any amount due under the Contract on the due date for payment; or
    3. are or become or, in our reasonable opinion, are about to become, the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtor; or
    4. enter into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with its creditors; or
    5. convene any meeting of your creditors, enter into voluntary or compulsory liquidation, have a receiver, manager, administrator or administrative receiver appointed in respect of your assets or undertakings or any part of them, any documents are filed with the court for the appointment of an administrator in respect of you, notice of intention to appoint an administrator is given by you or any of your directors or by a qualifying floating charge holder (as defined in para. 14 of Schedule B1 of the Insolvency Act 1986), a resolution is passed or petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency.

Intellectual Property

37. We reserve all copyright and any other intellectual property rights which may subsist in any goods supplied in connection with the provision of the Services. We reserve the right to take any appropriate action to restrain or prevent the infringement of such intellectual property rights.

Liability and Indemnity

38. Our liability under these Terms and Conditions, and in breach of statutory duty, and in tort or misrepresentation or otherwise, shall be limited as set out in this clause.
39. The total amount of our liability is limited to the total amount of Fees payable by you under the Contract.
40. We are not liable (whether caused by our employees, agents or otherwise) in connection with our provision of the Services or the performance of any of our other obligations under these Terms and Conditions or the quotation for:
    1. any indirect, special or consequential loss, damage, costs, or expenses or;
    2. any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third party claims; or
    3. any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; or
    4. any losses caused directly or indirectly by any failure or your breach in relation to your obligations; or
    5. any losses arising directly or indirectly from the choice of Services and how they will meet your requirements or your use of the Services or any goods supplied in connection with the Services.
41. You must indemnify us against all damages, costs, claims at law and expenses suffered by us in connection with our provision of the Services or the performance of any of our other obligations under these Terms and Conditions or the quotation, or arising from any loss or damage to any equipment (including that belonging to third parties) caused by you or your agents or employees.
42. Nothing in these Terms and Conditions shall limit or exclude our liability for death or personal injury caused by our negligence, or for any fraudulent misrepresentation, or for any other matters for which it would be unlawful to exclude or limit liability.

Circumstances beyond a party’s control

43. Neither of us is liable for any failure or delay in performing our obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question. If the delay continues for a period of 90 days, either of us may terminate or cancel the Services to be carried out under these Terms and Conditions.

Communications

44. All notices under these Terms and Conditions must be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party).
45. Notices shall be deemed to have been duly given:
    1. when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient;
    2. when sent, if transmitted by fax or email and a successful transmission report or return receipt is generated;
    3. on the fifth business day following mailing, if mailed by national ordinary mail; or
    4. on the tenth business day following mailing, if mailed by airmail.
46. All notices under these Terms and Conditions must be addressed to the most recent address, email address or fax number notified to the other party.

No Waiver

47. No delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy nor stop further exercise of any other right, or remedy.

Severance

48. If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions will be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).

Law and Jurisdiction

49. These Terms and Conditions are governed by and interpreted according to English law. All disputes arising under these Terms and Conditions are subject to the exclusive jurisdiction of the English courts.

Clients // Introduction

This document refers to personal data, which is defined as information concerning any living person (a natural person who hereafter will be called the Data Subject) that is not already in the public domain.

The General Data Protection Regulation (GDPR) seeks to protect and enhance the rights of data subjects. These rights cover the safeguarding of personal data, protection against the unlawful processing of personal data and the unrestricted movement of personal data within the EU. It should be noted that GDPR does not apply to information already in the public domain.

We are DMS Enforcement Ltd, Trading as London Traveller Evictions, herein referred to as DMS, you can reach us

Kemp House 160 City Road, London, EC1V 2NX

info@londontravellerevictions.co.uk

or you can phone us on: 0800 037 0360

Personal Data

The DMS has the utmost respect for our website visitors and users of DMS’s services and collect the following data for the stated purposes.

DMS uses the information collected from you to provide quotations, make telephone contact and to email you marketing information which DMS believes may be of interest to you and your business. In you making initial contact you consent to DMS maintaining a marketing dialogue with you until you either opt out (which you can do at any stage) or we decide to desist in promoting our services. DMS also acts on behalf of its clients in the capacity of data processor. When working exclusively as a data processor, DMS will be acting on the instruction of its client and will work hard to ensure that the client is fully GDPR compliant.

Some personal data may be collected about you from the forms and surveys you complete, from records of our correspondence and phone calls and details of your visits to our website, including but not limited to personally identifying information like Internet Protocol (IP) addresses. DMS may from time to time use such information to identify its visitors. DMS may also collect statistics about the behaviour of visitors to its website.

DMS’s websites use cookies, which is a string of information that a website stores on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns. www.Collectmydebt.co.uk, www.DMSenforcement.co.uk, www.travellerevictions.com and any DMS subsidiaries uses cookies to help DMS identify and track visitors and their website access preferences.

DMS website visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using DMS’s websites.

Definition and use of cookies

A cookie is a file that is downloaded on your computer (or mobile device) in order to store data that can be updated and recovered by the entity responsible for installing it.

Our site uses cookies to get information on the use of the web site.

The cookies to improve your navigation on the site, distinguish from other users, improve the use of the site, and identify problems to improve our site.

Type of cookies used on the Website

In-house cookies:

These cookies are sent to your computer and managed solely by us to ensure the better functioning of the Website. The information gathered is used to improve the quality of our service and enhance your user experience. These cookies remain in your browser for longer, allowing us to recognise you as a repeat visitor to the Website and adapt its content to offer you content in line with your preferences.

Third-party analytics cookies:

Our Website also uses the traffic measuring system Google Analytics, a Google web analysis tool that allows us to measure how users interact with our Website. It also sets cookies on the domain of the site the user is visiting and uses cookies to gather information anonymously and to report Website trends without identifying individual users.

Consent

By browsing and remaining on our Website, you are consenting to our terms and policies of  use, including the use of the above cookies, for the time periods established and, on the conditions, contained in this Cookies Policy.

Changing your browser cookie configuration and settings:

You can allow, block or remove the cookies stored on your system by changing the configuration of your browser.

For more information on MS Explorer: http://windows.microsoft.com/es-xl/internet-explorer/delete-manage-cookies#ie=ie-10

For more information on Firefox: http://support.mozilla.org/es/kb/Borrar%20cookies

For more information on Chrome: http://support.google.com/chrome/answer/95647?hl=”es“

For more information on Safari: http://www.apple.com/es/privacy/use-of-cookies/

Check the help or support of your browser provider if you are using a different browser.

If you do not accept cookies of this site it is possible that some options do not work as expected.

Change to the Cookies Policy

Our Website Cookies Policy may be updated and we therefore recommend that you review this policy every time you access our Website in order to be duly informed of how and why we use cookies.

Security

DMS adheres to strict industry standards for web security and payment processing.

Our data is secured, and is safeguarded according to normal industry standards.

DMS is not responsible for the content or policies of external web sites to which we may link our content.

 Any information DMS holds about you and your business encompasses all the details we hold about you and any sales transactions including any third-party information we have obtained about you from public sources and our own suppliers such as credit referencing agencies.

DMS will only collect the information needed so that it can provide you with marketing and services, we do not sell or broker your data, although coincidentally there may be times when your information could be contained in data that DMS has received from a third-party, or on behalf of a client.

Legal basis for processing any personal data

To meet DMS’s contractual obligations to clients and to also respond to marketing enquiries.

Legitimate interests pursued by DMS and/or its clients

To promote the marketing and services offered by DMS and/or to market the services and/or products offered by DMS’s existing clients.

Consent

Through agreeing to this privacy notice you are consenting to DMS processing your personal data for the purposes outlined. You can withdraw consent at any time by emailing info@collectmydebt.co.uk or writing to us, see last section for full contact details.

Disclosure

DMS may on occasions pass your Personal Information to third parties exclusively to process work on its behalf. DMS requires these parties to agree to process this information based on our instructions and requirements consistent with this Privacy Notice and GDPR.

DMS do not broker or pass on information gained from your engagement with us without your consent. However, DMS may disclose your Personal Information to meet legal obligations, regulations or valid governmental request. The agency may also enforce its Terms and Conditions, including investigating potential violations of its Terms and Conditions to detect, prevent or mitigate fraud or security or technical issues; or to protect against imminent harm to the rights, property or safety of DMS, its clients and/or the wider community.

Retention Policy

DMS will process personal data during the duration of any contract and will continue to store only the personal data needed for six years after the contract has expired to meet any legal obligations. After six years any personal data not needed will be deleted.

Data storage

Data is held in the United Kingdom using different (multiple) servers. DMS does not store personal data outside the EEA.

Your rights as a data subject

At any point whilst DMS is in possession of or processing your personal data, all data subjects have the following rights:

Right of access – you have the right to request a copy of the information that we hold about you.

Right of rectification – you have a right to correct data that we hold about you that is inaccurate or incomplete.

Right to be forgotten – in certain circumstances you can ask for the data we hold about you to be erased from our records.

Right to restriction of processing – where certain conditions apply you have a right to restrict the processing.

Right of portability – you have the right to have the data we hold about you transferred to another organisation.

Right to object – you have the right to object to certain types of processing such as direct marketing. Will never knowingly disclose your information for direct marketing purposes

Right to object to automated processing, including profiling – you also have the right not to be subject to the legal effects of automated processing or profiling.

In the event that DMS refuses your request under rights of access, we will provide you with a reason as to why, which you have the right to legally challenge.

DMS at your request can confirm what information it holds about you and how it is processed

You can request the following information:

Identity and the contact details of the person or organisation (DMS) that has determined how and why to process your data.

Contact details of the data protection officer, where applicable.

The purpose of the processing as well as the legal basis for processing.

If the processing is based on the legitimate interests of DMS or a third party such as one of its clients, information about those interests.

The categories of personal data collected, stored and processed.

Recipient(s) or categories of recipients that the data is/will be disclosed to.

How long the data will be stored.

Details of your rights to correct, erase, restrict or object to such processing.

Information about your right to withdraw consent at any time.

How to lodge a complaint with the supervisory authority (Information Commissioner).

Whether the provision of personal data is a statutory or contractual requirement, or a requirement necessary to enter into a contract, as well as whether you are obliged to provide the personal data and the possible consequences of failing to provide such data.

The source of personal data if it wasn’t collected directly from you.

Any details and information of automated decision making, such as profiling, and any meaningful information about the logic involved, as well as the significance and expected consequences of such processing.

To access what personal data is held, identification will be required

DMS will accept the following forms of ID when information on your personal data is requested: a copy of your national ID card, driving license, passport, birth certificate and a utility bill not older than three months. A minimum of one piece of photographic ID listed above and a supporting document is required. If DMS is dissatisfied with the quality, further information may be sought before personal data can be released.

All requests should be made to info@londontravellerevictions.co.uk or by phoning 0800 037 0360 or writing to us at the address further below.

Complaints

In the event that you wish to make a compliant about how your personal data is being processed by DMS or its partners, you have the right to complain to DMS’s Directors. If you do not get a response within 30 days you can complain to the Data Protection Commission.

The details for each of these contacts are:

DMS, attention of the Director.

Kemp House 160 City Road, London, EC1V

Telephone: 0800 037 0360

Email: info@londontravellerevictions.co.uk

The information contained in this website is for general information purposes only. The information is provided by DMS Enforcement Limited and does constitute formal legal advice, whilst we endeavour to keep the information correct and contemporary, DMS Enforcement Limited make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you may place on such information is therefore at your own risk.

DMS Enforcement Limited will not be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

Through this website you may be able to link to other websites which are not under the control of DMS Enforcement Limited We have no control over the nature, content and availability of those sites. The inclusion of any link does not necessarily imply a recommendation or endorsement the views expressed within them.

Every effort is made to keep the website live and running smoothly. However, DMS Enforcement Limited takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.