Terms of Business

TERMS OF BUSINESS

Brunton Commercial Debt Recovery Ltd
Last updated: 11/02/2026


1. Definitions

1.1 These Terms apply to the recovery of commercial debts by Brunton Commercial Debt Recovery Ltd (“Brunton”, “we”, “us”, or “our”) for the Client.

1.2 “Client” means any business, company, organisation or partnership instructing us.

1.3 “Debtor” means the business or trading entity owing the outstanding sum.

1.4 “Debt” means any undisputed commercial sum owed to the Client which arose in the course of business.

1.5 “Late Payment Legislation” means the Late Payment of Commercial Debts (Interest) Act 1998 (as amended) and associated Regulations, as may be amended or consolidated from time to time.

1.6 “Recovery Costs” means statutory interest, fixed statutory compensation, and reasonable recovery costs recovered in accordance with Late Payment Legislation.


2. Service

2.1 Brunton will provide commercial debt recovery services to the Client.

2.2 Our services are limited to business-to-business debts and do not extend to consumer or personal debts.


3. Fees, Recovery Costs and Charges

3.1 On behalf of the Client and in accordance with the Late Payment Legislation, Brunton will pursue Recovery Costs from the Debtor.

3.2 The Client will receive 100% of the principal sums owed to them when a Debt is paid.

3.3 Brunton is subrogated to the Client’s right to pursue Recovery Costs under the Late Payment Legislation and shall retain any sums recovered from the Debtor comprised within those Recovery Costs as payment for our services.


4. Authority and Instructions

4.1 The Client agrees to provide Brunton with appropriate written consent and authority to act on their behalf, whether by online instruction, electronic media, or signed instruction form.

4.2 The Client must provide all supporting documentation necessary to validate the existence, amount and enforceability of the Debt within a reasonable time after being requested.

4.3 Brunton is authorised on behalf of the Client to contact the Debtor, recover payment, issue statements of account and receipts, and take such recovery action as deemed appropriate under these Terms.

4.4 Where agreed in writing, Brunton may accept settlement of the Debt by instalments and pursue each instalment as it becomes due.


5. Payments

5.1 Payments received by bank transfer from the Debtor to Brunton shall be forwarded to the Client by same-day bank transfer on the working day the funds are received, if received before close of business.

5.2 Payments received by debit or credit card will be forwarded to the Client by bank transfer once funds have cleared (normally within 2 working days).

5.3 Payments received by cheque will be forwarded to the Client once funds have cleared (normally within 4 working days).


6. Client Obligations

6.1 The Client must immediately notify Brunton if there is any change in the amount due in respect of any Debt submitted for recovery.

6.2 The Client must notify Brunton immediately if any payment is received from the Debtor directly.

6.3 If the Client receives payment directly from the Debtor that includes Recovery Costs, the Client agrees to forward those Recovery Costs to Brunton within 7 days.

6.4 If the Client receives partial payment that does not include Recovery Costs, the Client shall not prejudice Brunton’s right to pursue the Debtor for Recovery Costs.

6.5 If recovery action (including legal proceedings) requires that Brunton is assigned the Client’s entitlement to claim Recovery Costs, the Client agrees to sign any assignment documentation reasonably required.


7. Debtor Direct Payment to Client

7.1 Where the Debtor pays the Client directly without including Recovery Costs, the Client must inform Brunton immediately.

7.2 Brunton may then pursue the Debtor directly for Recovery Costs in accordance with Late Payment Legislation.


8. Liability

8.1 Whilst Brunton will endeavour to recover sums owed, no guarantee is made that any particular Debt or Recovery Costs will be recovered in full or at all.

8.2 Time taken to perform any obligation is not of the essence.

8.3 Brunton shall not be liable for any loss arising from the Client’s use of advice or information provided by third parties.

8.4 Nothing in these Terms shall limit liability for death or personal injury resulting from Brunton’s negligence where applicable.


9. Legal and Enforcement Action

9.1 The Debtor may be notified of potential legal action, including County Court proceedings or Insolvency action, where appropriate.

9.2 The Client is under no obligation to instruct formal legal proceedings.

9.3 If litigation is recommended, no action will be taken without prior Client approval and detailed discussion of likely costs and fees.

9.4 The Client may receive invoices from Brunton to fund court fees or disbursements as required to progress legal matters, and Brunton will notify the Client in advance of anticipated costs.


10. Termination

10.1 Either party may terminate instructions under these Terms if the other party materially breaches them.

10.2 Termination does not affect Brunton’s right to retain or pursue any Recovery Costs already incurred prior to termination.


11. Confidentiality

11.1 All information provided by the Client to Brunton will be treated confidentially in accordance with UK GDPR and the Data Protection Act 2018.

11.2 Information provided by Brunton under these Terms shall remain confidential unless required to be disclosed by law or court order.


12. Data Protection

12.1 Brunton processes personal and business data in accordance with UK GDPR and the Data Protection Act 2018.

12.2 The Client confirms they have lawful grounds to share Debtor data with Brunton for the purposes of debt recovery.


13. Complaints

13.1 Brunton undertakes to investigate complaints promptly and fairly in accordance with its published complaints procedure.


14. Governing Law and Jurisdiction

14.1 These Terms are governed by and construed in accordance with the laws of England and Wales.

14.2 The courts of England and Wales shall have exclusive jurisdiction.


Brunton Commercial Debt Recovery Ltd
Registered in England & Wales | Company No: 16975700
GDPR / Data Protection No. ZC084733
Information Commissioner’s Office No. ZC084733
Registered Office: Suite 9209, 321–323 High Road, Chadwell Heath, Essex, RM6 6AX
Website: www.bruntoncdr.com