Terms and conditions

Administration charge

A $5+GST administration charge may apply to all debts at each payout. This amount is not charged to the debtor as it is not a fee associated with the collection of the debt, but a fee associated with the cost of paying creditors. It covers administrative work completed during the payout process. It applies to clients paid by cheque, direct credit or any other payment method.

Cancellation

If you wish to cancel the debt lodgement, a $200+gst fee may apply or the full amount of the commission depending on the amount of work we have put into the file.

Collection commission

TPS Credit Control adds commission to the top of debts lodged after October 2010 where there is a debt collection clause included in the contract that was signed by the debtor. This may affect the length of time the plan runs for and may also alter the total commission charged over the total length of the plan.

When a creditor states they have/have had a debt collection clause in their contract or invoice or displayed in store, TPS Credit Control will then load the commissionable rate to the top of the debt. TPS Credit Control relies upon this information as being correct.

TPS Credit Control may choose at its sole discretion which debts will attract its collection commission. TPS Credit Control does not accept liability for not collecting its commission. TPS Credit Control will be entitled to charge and receive commission on any amount collected.

Commission charges

TPS Credit Control charges 25%+GST on money collected for debts over $750. Debts under $750 are charged at 40%+GST. Commission is charged on all sums collected.

Credit history

All debtors are loaded into the Centrix database at the discretion of TPS Credit Control. Debtors loaded into Centrix may also be removed at the discretion of TPS Credit Control.

Credits and compensation

TPS Credit Control reserves the right to apply credits to debtors’ accounts if deemed necessary. This includes but is not limited to: compensating a debtor for an error made on their plan; compensating a debtor’s account for an incorrect default charge; or as a negotiation tool to aid in the overall collection of a debt.

Debt assignment

TPS Credit Control reserves the right to use any means necessary to collect the debt, including District Court enforcement.

You will have the opportunity to cover the costs of enforcement.

TPS Credit Control will send a report of the next step in the process, in advance.

If TPS Credit Control has not received a response within 21 days of the report being sent, then the debt is deemed to be assigned to TPS Credit Control. If a creditor does not pay an invoice, then the debt is deemed to be assigned to TPS Credit Control. TPS Credit Control will then charge a commission rate of 50%+GST.

Default payments

TPS Credit Control reserves the right to pass on the cost of defaults to the debtor. TPS may charge the debtor a default fee each time they default on a payment, this fee will be deducted from money paid in that payout period. The default fee is added to the top of the debt so the creditor does not pay this fee. The addition of these costs may extend the length of time it takes for the debtor to repay the debt. If a debtor defaults three times in a row, their plan will be suspended. TPS Credit Control discloses this cost to the debtor and the charges are part of a verbal contract with the debtor. TPS Credit Control will take all reasonable measures to ensure the number of defaults is mitigated.

If a debt is paid by cheque and that cheque is not honoured (bounces) then a $100 dishonour fee may apply.

Direct payments

If a debtor pays either an investor, property manager, or creditor direct, by way of voluntary payment, or as a result of court enforcement or by any other means, after the debt has been lodged with TPS Credit Control, full commission is payable by the creditor to TPS Credit Control. TPS Credit Control may issue an invoice for this commission.

False information

If a creditor lodges a debt with TPS Credit Control and TPS Credit Control has reason to believe that the creditor has provided false or misleading information to TPS Credit Control, then the creditor consents to TPS Credit Control running a credit check on the creditor’s credit file to help TPS Credit Control further assess whether their information provided is in fact correct or false.

General

TPS Credit Control takes no responsibility for the unsuccessful collection of a debt.

TPS Credit Control does not advance any costs or disbursements to any client in respect of any action involved with enforcement.

Incorrect information

If a person who lodges a debt with TPS Credit Control provides us with incorrect information then TPS may suffer extra work to correct that incorrect information where it can be corrected.

TPS Credit Control reserves the right at its sole discretion to charge for their time at a reasonable rate to correct the incorrect information and/or to apologise to any person adversely affected by the incorrect information.

TPS Credit Control takes no responsibility for acting on information that is provided to it, which later proves to be incorrect or untrue. TPS Credit Control is not liable for any loss whatsoever which is occasioned directly or indirectly by its acting on information which is inaccurate or untrue.

Intermeddling

The creditor agrees that once the debt has been lodged with TPS Credit Control that he/she/it will not intermeddle in the management of the repayment of the debt. They agree not to deal with or contact the debtor nor do or permit any act or omission which has the effect of either directly or indirectly cancelling or altering the existing repayment plan or attempt to withdraw the debt.

Should the creditor intermeddle (as above) and cause the cancellation or alteration of the repayment plan then the creditor agrees to pay TPS Credit Control on demand the full commission payable, whether or not any further monies are ever paid.

The creditor further agrees that if the payment referred to above is not paid in full within 7 days of the demand that TPS Credit Control is at liberty to take any action it sees fit to facilitate payment, including lodging the commission owing to their database as a debt, with the creditor as the new debtor, and/or lodging a claim with a tribunal or court.

Invoices

If a creditor has failed or refused to pay an invoice, where commission is due for a payment in full which has been paid direct to the creditor, they will be charged a fee of $800+GST, and this will be lodged against the appropriate party.

Negotiations

TPS Credit Control reserves the right to negotiate with debtors in relation to the amount per payment and the total amount owing for the purposes of getting a repayment plan connected.

The debtor agrees that if the creditor does not agree to the negotiated amount, then the plan amount may be amended to the original stated debt. It is the debtor’s responsibility to check whether the amount was accepted or declined by the creditor.

New information

If TPS Credit Control obtains new information in the course of our duties, TPS Credit Control will not disclose that information to any person or organisation.

Overpayments

Where any overpayment is made and such overpayment is paid out to the creditor, then any consequential refund shall be made direct to the debtor by the person/firm/creditor lodging the debt.

Payouts

Payouts are made every three months in March, June, September, and December. Payouts within New Zealand cost $5.00+GST, whereas payouts to accounts outside New Zealand will incur a fee of $100 per payment.

Reinstatements of plans

Plan reinstatements on direct debits attract additional time and cost to facilitate.

Reinstatements of cancelled direct debits are charged to the debtor as additional fees.

Reports

TPS Credit Control reports are offered in good faith and are based on historical data but they do not warrant or guarantee a successful collection of a debt and should not be interpreted as warranting any particular outcome.

Transaction fee charges

All direct debit transactions from debtors to TPS Credit Control will incur a $0.89 transaction fee to cover the cost of transactions charges incurred by TPS Credit Control during the duration of the plan. This fee is added on to the debt and is paid separately from the debt itself. This cost is paid by the debtor and is not in any way paid by the creditor.