1. Definition of terms
‘You’ our client, whose name is recorded overleaf (and partner where any of the debts are in joint names). ‘Us’ Kensington Financial Management Consultants Limited. Office: Thornley House, Carrington Business Park, Carrington, Manchester, M31 4DD.
Licensed by the Office of Fair Trading under Consumer Credit License Number 532545. ‘Creditors’ any and all of your unsecured creditors whose details you will provide to us in accordance with section 3.‘Fees’ the fees to be paid by you to us as detailed in section 5 ‘Services’ means the services we agree to provide you with under this agreement.

2. Agreement
You request and we agree to provide you with a Bankruptcy service in accordance with these terms and conditions. You authorise us to negotiate on your behalf with your creditors.

3. Your responsibilities
3.1 You will provide to us on request with information relating to your finances. This will include but will not be limited to details of your income and expenditure, your creditors and any agreements you have with them, any loans or mortgages you have, your dependants and any judgements made against you or any other enforcement action being taken against you.
3.2 You will sign any necessary forms of authority or any other documents so that we may negotiate with your creditors on your behalf.
3.3 You will pass copies of all correspondence from your creditors to us and keep us informed of any dealings you have with any creditors, whether we are negotiating with them or not. All correspondence that is passed to us will be securely destroyed for the purpose of data protection, we will at all times be able to provide copies of the correspondence from your creditors that you have provided to us.
3.4 On occasion your creditors may not provide us with balances of your accounts due to their own company procedures. If these circumstances arise then you will obtain this information for us and supply us accordingly.
3.5 We cannot be held responsible for any legal action taken against you by your creditors as a result of fraudulent or incorrect information provided by you at the time of acquiring a loan, HP agreement, credit card or any other form of credit.
3.6 Non contact from you will not be considered as cancellation of the agreement. If any funds are owing to you then written confirmation will be required to release funds owing to you in accordance with section 6 of this agreement.
3.7 You remain responsible for continuing to pay any secured loans, mortgages or hire purchase agreements and all household bills (including insurances).
3.8 You must make the agreed payments to us.

4. Our responsibilities
4.1 We will review your finances, covering your income, expenditure, debts and assets. All financial statements will be reviewed by our consultants and we will assist you in the preparation of an application to court to petition for your own bankruptcy.
4.2 Once the agreement starts we will notify your creditors of our involvement and where appropriate attempt to persuade your creditors to suspend or withdraw any recovery or similar proceedings which they may already have taken, or threatened to take, against you whilst we are assisting you to make your application.
4.3 We shall attempt to agree with your creditors, where appropriate that they freeze or reduce their interest charges and they will suspend or withdraw enforcement proceedings issued in connection with your agreements with them. In rare instances county court proceedings may still be actioned against you. In these cases we will assist in completion of all the relevant paperwork as required. We cannot guarantee to stop legal action by your creditors.
4.4 Where your application is successful, we will provide ongoing advice and support for a period not exceeding twelve months from the date of your application.
4.5 During the negotiation process some creditors may continue to charge interest and other recovery charges. We cannot always prevent these charges being levied.
4.6 We can only provide advice on the service that we offer.
4.7 The company takes any complaints regarding its practices very seriously. Any complaints can be sent in writing to the directors of the company and will be dealt with personally by them. The directors of the company will return correspondence within 14 days.
4.8 We will not provide the service in relation to any debts that cannot be included in bankruptcy. This includes, but is not limited to, student loans, damages for personal injuries, child support arrears and fines.
4.9 We are not solicitors and cannot give you any legal advice.
4.10 We will not arrange for anybody to attend any court hearing on your behalf unless we expressly agree with you to do so. There will be an additional fee if this is agreed in advance of a court hearing.
4.11 We cannot guarantee that your application will be successful. The decision whether or not to accept your petition is entirely at the discretion of the court.

5. How we will be paid.
5.1We will charge you a Fee. This is an amount of £600 (+VAT at prevailing rate) for each applicant. This amount may be paid to a maximum of nine installments as agreed with your Advisor. This fee is in addition to any fees due to the Court or a £10 Affi davit Fee where this is needed.
5.2 If this agreement is ended in accordance with section 6, we will return any funds after having deducted the above fees and you will not have to pay us any more money. This will be made within 30 days of receiving written confi rmation in order to allow us time to process all receipts and payments on your account.
5.3 If for any reason we receive monies from you and are unable to credit it to your account as it appears as an unknown deposit, we will make all reasonable efforts to identify the originator of the funds, but, in the event that we do not manage to identify the depositor and no one is forthcoming with proof of payment within 6 months from date of deposit. Kensington shall move the deposit to our account and treat as our funds. We will be under no obligation to return these funds once moved.

6. Termination of agreement
6.1 You have the right to cancel this agreement at any time and for any reason within our 7 day cooling off period as required by the Consumer Protection (Distance Selling) Regulations 2000.
6.2 After the seven day cooling-off period you may end this agreement by giving us four weeks notice in writing.
6.3 We may end this agreement by giving you four weeks notice in writing if any one
of the following things happens:
i) You breach this agreement and do not remedy the breach within seven days of
our bringing the breach to your attention;
ii) Where the information provided to us is knowingly incorrect;
iii) The Information provided by you at the time of acquiring a loan (HP
agreement, credit cards or any other form of credit) is deemed incorrect or
fraudulent by any creditor; or
iv) If we are affected by Force Majeure.

7. Data Protection Statement
7.1 Please read this statement carefully as it explains what personal information we collect about you and how we use this information.
7.2 We collect personal information about you both directly and when you apply for our services, and from you creditors as authorised by you on our Client Authority Form.
7.3 We will use your personal information to provide our services to you.
7.4 Subject to section 7.5, we may also use your personal information to contact you to provide you with details of other products and services which we may think might be of interest to you, including those offered by selected third parties. We may share personal information with these selected third parties and they may contact you directly to provide you with details of such products and services.
7.5 You may let us know if you do not want us to use or disclose your personal information as set out above in section 7.4 or if you wish to amend the way we communicate with you.
7.6 Other than as set out above, we will only disclose your personal information to the extent required by law, court order or as requested by other government or law enforcement authorities, or to any company or other entity to whom we either transfer or subcontract any or all of our obligations to you under this Agreement.
7.7 You may contact our Data Protection Officer in writing at any time at the address given below for further information or if you want to request a copy of the personal information we hold about you or ask us to amend any inaccurate information held by us. If you request a copy of personal information which we hold about you, we will charge you a fee of £10. This will be sent to you within 21 days of receiving cleared payment of the charge.
7.8 All telephone calls will be recorded for monitoring and training purposes.

Kensington Financial Management Consultants Limited
Licensed by the Office of Fair Trading under Consumer Credit Licence Number
532545 Office: Thornley House, Carrington Business Park, Carrington, Manchester
M31 4DD
Reg No 4636160, England.
KFMC_