Terms And Conditions
Gisby Group International Limited trading as Gisby Legal (“GGIL”)
1. Introduction and Status
1.1 These Terms and Conditions govern all services provided by Gisby Group International Limited trading as Gisby Legal (“GGIL”).
1.2 GGIL provides debt recovery, enforcement support, tracing, and related services to both business and consumer clients.
1.3 GGIL is not a firm of solicitors and does not provide reserved legal activities. Where legal representation or advocacy is required, this will be arranged through appropriately qualified third parties.
1.4 GGIL confirms that, upon acceptance of instructions, it has considered whether any conflict of interest exists and is not aware of any conflict preventing it from acting.
1.5 These Terms apply to all instructions unless otherwise agreed in writing. Acceptance may be confirmed by email, written instruction, or conduct, including the provision of information or continued engagement following receipt of these Terms.
2. Authority and Acceptance
2.1 The individual giving instructions or accepting these Terms on behalf of a Client confirms that they are duly authorised to do so.
2.2 Where the Client is a limited company or LLP, the individual accepting these Terms confirms that they have authority to bind that entity.
2.3 These Terms are binding upon acceptance by email, instruction, or conduct.
2.4 Where the Client is a company or LLP, the individual providing instructions warrants that they have authority to bind the Client and confirms that appropriate arrangements exist for meeting any sums arising under these Terms. In consideration of GGIL agreeing to act on that authority, the individual accepts responsibility for ensuring that all sums properly due to GGIL are met when required and acknowledges that GGIL is entitled to rely upon this assurance without further reference to the Client or any other party. This assurance remains effective despite any change in the Client’s trading status, solvency, or legal personality and continues until all sums due under these Terms have been irrevocably discharged.
3. Scope of Services
3.1 GGIL may undertake such recovery steps as it considers appropriate, including pre-action correspondence, negotiation, tracing, litigation support, enforcement options, insolvency-related steps, or assignment of the debt.
3.2 GGIL may accept and pursue disputed, defended, or complex debts, subject always to its assessment of proportionality and commercial viability.
3.3 GGIL retains discretion as to the manner, timing, and sequencing of recovery action and does not guarantee any particular outcome.
3.4 GGIL shall provide its services with reasonable skill and care appropriate to the nature of debt recovery and enforcement work.
3.5 GGIL shall have commercial discretion as to proportionality, escalation, and whether continuing or suspending activity is commercially appropriate.
4. Fees and Recovery Basis
4.1 Unless otherwise agreed in writing, GGIL operates on a recovery-based fee of 20% of all recovered invoiced funds.
4.2 This fee applies whether payment is made directly to GGIL, to the Client, or to any third party in connection with the debt.
4.3 Recoveries include payments, instalments, settlements, enforcement proceeds, or any other realisation of value arising from the debt.
4.4 GGIL does not charge for its time where recovery is unsuccessful, subject always to the Close-Out provisions below.
4.5 All fees, charges, and disbursements referred to in these Terms are stated exclusive of value added tax (VAT), which shall be payable in addition where applicable at the prevailing rate.
5. Disbursements
5.1 Disbursements are not included in GGIL’s recovery fee unless expressly agreed in writing in advance.
5.2 Disbursements may include (without limitation) court fees, process servers, specialist tracing, enforcement agents, insolvency practitioners, solicitors, counsel, and other third-party costs reasonably incurred in pursuit of recovery.
5.3 Where recoveries are achieved in full, any disbursements recovered from the debtor will be passed on to the Client in full.
5.4 Where a disbursement invoice remains unpaid, GGIL may, at its discretion, suspend further work or continue to progress the matter where it reasonably considers it appropriate to do so.
5.5 Disbursements remain the Client’s responsibility whether or not recovery is achieved, unless GGIL expressly agrees otherwise in writing.
6. Assignment of Debts
6.1 GGIL may request that a debt be assigned to it, particularly where litigation or enforcement is considered appropriate or proportionate.
6.2 Following assignment, GGIL shall pursue recovery in its own name, and any onward accounting (where applicable) shall be dealt with in accordance with the agreed commercial terms between the parties.
6.3 The Client agrees to execute any further documents reasonably required to give effect to an assignment or these Terms.
6.4 Following assignment, recovery activity may include correspondence, negotiation, settlement, enforcement, or legal proceedings brought in GGIL’s name where commercially appropriate.
6.5 Following assignment, GGIL acts in its own right as legal titleholder and does not act as agent for the assignor.
6.6 Any proceedings, statutory demands, enforcement steps, settlements, compromises, or negotiations undertaken following assignment are undertaken by GGIL in its own discretion and for its own account.
7. Payment Arrangements and Instalments
7.1 Where a debtor proposes payment by instalments, GGIL will advise the Client as to the commercial viability of such arrangements.
7.2 Where a payment plan is approved or imposed against GGIL’s advice, GGIL shall be entitled to apply initial payments first in satisfaction of its agreed fee before any distribution.
7.3 GGIL shall not be required to administer, account for, or distribute interim instalment payments where, in its view, such payments are disproportionate to administer.
7.4 Where recovery later results in a lump sum or other material recovery, prior payments will be taken into account when assessing the overall recovery position.
7.5 For assigned debts, GGIL may apply recoveries first to its agreed commercial entitlement before accounting to the Client.
8. Close-Out Fee
8.1 GGIL will not charge a fee where recovery has failed and GGIL has recommended that the matter be closed.
8.2 However, if instructions are withdrawn, the Client settles directly, GGIL is circumvented, these Terms are breached, or the matter is terminated contrary to GGIL’s advice, GGIL reserves the right to charge a Close-Out Fee, being the amount GGIL would have received had the debt been recovered in full.
8.3 The Close-Out Fee is a genuine pre-estimate of GGIL’s loss and is payable as a debt on demand.
9. Enforcement
9.1 Where judgment is obtained, GGIL may pursue the enforcement option(s) as it considers appropriate, or insolvency-related steps.
9.2 GGIL may instruct third parties for enforcement, and associated disbursements remain the responsibility of the Client unless otherwise agreed.
9.3 Where proceedings are issued in England and Wales, claims exceeding £10,000 are generally allocated to a court track other than the Small Claims Track and are subject to more complex procedural requirements, formal disclosure, witness evidence, and an increased risk of adverse costs orders. In such circumstances, the court may require, or it may be reasonably necessary or appropriate for, the instruction of solicitors or counsel. Where GGIL considers that legal representation is required or appropriate in order to progress the matter properly, GGIL may instruct solicitors or counsel on the Client’s behalf, and any associated fees shall be treated as disbursements.
10. Client Responsibilities
10.1 The Client confirms that it is legally entitled to recover the debt and to instruct GGIL.
10.2 The Client agrees to provide all instructions, information, documents, and approvals promptly and in a timely manner, and acknowledges that delay may adversely affect recovery prospects.
10.3 GGIL shall not be responsible for any delay, loss, or outcome arising from the Client’s failure to comply with this clause.
10.4 The Client agrees not to engage directly with the debtor or appoint another recovery agent without GGIL’s prior written consent.
10.5 In respect of operational progress, GGIL may proceed with any step it reasonably considers appropriate to progress or conclude a matter where requested information, confirmation, or engagement is not provided within 7 days of written request.
10.6 Where a matter is progressed or concluded in accordance with clause 10.5, such conclusion shall be treated as final, and GGIL shall have no obligation to reopen, revisit, or account further in respect of that matter.
10.7 Where GGIL issues a written request for instructions or accounting confirmation and no response is received within 7 days, GGIL may treat the matter as concluded and account, retain, or apply recoveries as reasonably appropriate without further obligation to the Client. This provision is necessary to ensure finality in the recovery process and to avoid disproportionate administrative accounting.
10.8 The individual providing instructions warrants on behalf of the Client that they are not aware of any circumstance affecting the Client’s solvency, financial stability, or ability to meet liabilities as they fall due, and shall notify GGIL immediately if such circumstances arise. Any breach of this warranty shall entitle GGIL to recover losses arising from reliance upon it.
10.9 The Client shall notify GGIL without delay of any information that may affect escalation, including matters relevant to litigation, insolvency-based recovery, disputed liability, credit risk, or financial standing, and GGIL may rely upon such information when determining proportionality.
11. Payment
11.1 Invoices and Payment Requests are payable upon presentation.
12. Suspension, Continuity and Termination
12.1 GGIL may suspend or defer work on any matter where sums due remain outstanding or where required information or approvals have not been provided, and shall not be liable for any delay or outcome resulting from such suspension.
12.2 Either party may terminate instructions by written notice. Termination is without prejudice to accrued rights, and the Client remains responsible for all fees, Close-Out Fees, disbursements, and contractual liabilities arising prior to termination.
12.3 Where GGIL issues a written request for instructions, information, approvals, or accounting confirmation and no response is received within seven days, GGIL may treat the matter as concluded and may account, retain, apply, or distribute recoveries in a manner it reasonably considers proportionate, without further obligation to revisit or re-open the matter.
12.4 If the Client enters insolvency, ceases trading, proposes a voluntary arrangement, is unable to meet liabilities as they fall due, or indicates financial difficulty affecting ongoing conduct, all unpaid sums, disbursements and contractual entitlements under these Terms become due and payable, and GGIL may retain any recoveries as set-off against such sums.
12.5 Upon termination, suspension, or insolvency events, GGIL may elect to continue, stay, compromise, or conclude the matter where commercially appropriate, and any resulting outcome shall be treated as final for the purpose of GGIL’s commercial entitlement.
13. Indemnity and Adverse Costs
13.1 The Client acknowledges that litigation, enforcement, and insolvency-related proceedings carry inherent risk.
13.2 The Client agrees to fully indemnify and hold harmless GGIL, its directors, officers, agents, and subcontractors against all losses, liabilities, costs, expenses, and adverse costs orders arising from proceedings pursued at the Client’s instruction, save only where caused by GGIL’s fraud or deliberate wrongdoing.
13.3 This indemnity survives termination and applies whether or not recovery is achieved.
13.4 This indemnity includes any costs arising from defending counterclaims, applications, or procedural responses raised by a debtor.
13.5 The Client acknowledges that GGIL exercises commercial discretion regarding mitigation.
13.6 This indemnity applies equally to any claim, set-off, defence, or counterclaim raised by a debtor following assignment of a debt to GGIL.
14. Late Payment of GGIL Fees
14.1 Where payment is late, GGIL may, at its discretion, charge either interest and compensation under the Late Payment of Commercial Debts (Interest) Act 1998 (where applicable) or simple interest at 2% per calendar month or part thereof, accruing before and after judgment.
15. Security (Business Clients Only)
15.1 Where the Client is a business and amounts are unpaid, the Client grants GGIL a continuing equitable charge over its interest in any property or chargeable asset as security for sums due.
15.2 GGIL may take reasonable steps to protect that interest and shall release security once sums are discharged.
15.3 This clause does not apply to consumer clients.
16. Confidentiality and Data Protection
16.1 GGIL will process personal data in accordance with applicable legislation.
16.2 Information may be shared with third-party recovery partners where necessary.
16.3 Where GGIL processes personal data on the Client’s behalf, the Client remains data controller unless otherwise agreed.
17. Force Majeure
17.1 GGIL shall not be liable for any failure or delay arising from events beyond its reasonable control, including acts of God, fire, flood, war, terrorism, civil unrest, industrial action, failure of utilities or telecommunications, court or tribunal delays, governmental action, or third-party service provider delay.
17.2 Where such events persist, GGIL may suspend or terminate the affected services without liability. Fees, disbursements, and liabilities incurred to that point remain payable.
18. Complaints
18.1 Any complaint should be raised with GGIL in writing in the first instance to allow it to be addressed promptly.
19. Governing Law and Jurisdiction
19.1 These Terms are governed by the laws of England and Wales.
19.2 The parties submit to the exclusive jurisdiction of the courts of England and Wales, and in particular the County Court sitting at Yeovil, insofar as such court has jurisdiction.
19.3 Nothing in these Terms limits GGIL’s right to seek urgent or interim relief.
19.4 No delay or failure by either party to enforce rights shall operate as a waiver.
19.5 Notices may be served by email and take effect upon transmission unless a failure notice is received.
20. General
20.1 No third party may rely on any service, information, or communication provided by GGIL.
20.2 GGIL may amend these Terms from time to time. Updated versions will apply to future instructions.
20.3 If any provision is held unenforceable, the remainder shall remain in force.
20.4 The individual providing instructions acknowledges that they have reviewed these Terms, understand the basis upon which services are provided, and accept responsibility for ensuring that appropriate arrangements are maintained in connection with these Terms.
20.5 The individual providing instructions confirms that all necessary internal approvals, arrangements, and authorisations relevant to these Terms are in place and will be maintained for the duration of GGIL’s engagement.
20.6 The individual providing instructions acknowledges responsibility for ensuring that appropriate arrangements are maintained for payment and administration under these Terms and that GGIL is entitled to act in reliance on that understanding.
21. No Waiver
21.1 No failure or delay by either party in exercising any right under these Terms shall constitute a waiver of that right, nor shall any partial exercise prevent further enforcement of that right.
Gisby Group International Limited trading as Gisby Legal (“GGIL”) Registered Office: PO Box 153, Ilminster, TA20 9EF
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