1 This Agreement:
This Agreement is made between us, Cheque Exchange Limited (“CEL”) of No. 1 Godwin Street, Bradford, BD1 2SU, and you, the person or persons we’ve opened an account with (‘The Customer’).
It covers our on-going services to you provided through our agent, European Metal Recycling Limited (“EMR”), namely the services of the encashment of third-party cheques issued to you for the sale of scrap metal (‘the Services’).
CEL, in consideration of a payment to it comprising of a fee as set out in Clause 4, hereby agrees with the Customer to cash cheques presented to it by the Customer (excluding cheques payable to limited companies) subject to the terms of this Agreement and satisfactory identification and anti-money laundering verification checks. To enable CEL to carry out the Services, you agree to transfer your interest in each cheque issued to you to CEL by signing the back of each cheque. To effect this, you agree for CEL to transpose your signature on this Agreement to the back of each cheque that is to be the subject of the Services.
The Customer authorises EMR, acting on behalf of CEL, to open and maintain an account in the Customer’s name to enable CEL to cash the said cheque/s on the Customer’s behalf and for the purpose of securing or recovering payment of the said cheque/s and hereby irrevocably appoints CEL as the Customer's agent and/or attorney and grants it power and authority to draw, sign, endorse and present for payment the said cheque on the Customer’s behalf.
The Customer accepts that receipt of a payment provided by EMR, acting on behalf of CEL, pursuant to Clause 4 below will be in full satisfaction of the Customer’s interests in the cheque/s and makes the Warranties and agrees to the terms of this Agreement.
2 Duration of Agreement:
This Agreement shall commence on the date this Agreement is signed by the Customer and shall continue unless terminated by either of the parties pursuant to Clauses 6 and 7 below.
3 Customer’s Warranties to CEL:
As a precondition of the Agreement set out above, you, the Customer declares and warrants to CEL for the duration of the period you hold an account with CEL, and for every cheque you endorse to CEL that:
3.1 The details you provided CEL or its agent, including any identification, and any cheque details are correct in each and every respect;
3.2 You are aged 18 years or over;
3.3 You are not and have never been bankrupt or insolvent for the purposes of the Insolvency Act 1986;
3.4 You are the legal owner of the cheque/s and know of no reason why it/they will not be cashed when presented for payment;
3.5 You will be responsible for declaring and accounting to HMRC for any applicable taxes due on any payments received by you under this Agreement;
3.6 You acknowledge that no cheques are to be made payable to limited companies.
4 Fees for our Services:
Any cheque/s presented to EMR, acting on behalf of CEL, for encashing will be subject to a fee payable (dependent on the face value of the cheque) to CEL for providing its Services to you. The fee will be deductible from the total monies you will receive in exchange for the cheque/s you present for encashment.
You will be notified of the fees applicable to every cheque cashing transaction with CEL prior to its execution.
5 Your Personal Information:
We or our agent may share your information with, and obtain information about you from, credit reference agencies to verify your identity. For full information on how your data is processed by credit reference agencies please visit http://www.experian.co.uk/crain.
The personal information we or our agent has collected from you will be shared with fraud prevention agencies who will use it to prevent fraud and money-laundering, to verify your identity and help debt collection. If fraud is detected, you could be refused certain services. You can get further details of how your information will be used by us, our agent and these fraud prevention agencies, and your data protection rights, by contacting us on 0800 1959 530.
You have a right of access to a copy of the personal data we hold about you. Please email informationrequests@cheque-exchange.co.uk, write to the Rights Request Team, Cheque Exchange Ltd, No 1 Godwin Street, Bradford, BD1 2SU, or call 0800 1959 530 providing as much information as possible to enable us to locate your information. Once we have everything we need to locate your information we will supply this to you within one month from the date of your request.
For full information on your rights and how we collect, use and protect your information please go to https://www.chequeexchange.co.uk/privacy or contact us on 0800 1959 530.
Cheque Exchange Ltd is a wholly owned subsidiary of Provident Financial Plc.
6 How you can end this Agreement:
You can end this Agreement and close your account without charge by writing to: Cheque Exchange Ltd, No.1 Godwin Street, Bradford, West Yorkshire, BD1 2SU. Alternatively, you can e-mail your request to: opsmanager@cheque-exchange.co.uk.
7 How we can end this agreement:
We can end the agreement immediately and close your account without notice if at any time for the duration of your account:
7.1 You have breached a term in this Agreement;
7.2 You acted abusively, offensively or violently towards our staff or the staff of our agents;
7.3 You provided us or our agents with any false information;
7.4 Your account is being (or has been) misused or is being used (or has been used) for fraudulent purposes; or
7.5 We have a reasonable suspicion, that:
7.5.1 You are involved in any criminal activity whether or not linked to your account;
7.5.2 You have placed us in a position where we might break a law, regulation, court order or other duty or obligation we are subject to.
We also reserve the right to suspend or terminate the Services at any time.
8 Governing Law
The construction of this Agreement and the enforcement of its terms and conditions shall be dealt with in accordance with the law of England and Wales, except that, if the agreement is made in Scotland, the law of Scotland will apply, and shall be subject to the non-exclusive jurisdiction of the English Courts.
9 Complaints:
CEL and its agents are committed to providing you with the best possible service at all times. In the event that you are dissatisfied with our service or the service of our agents, contact us as soon as possible. Our aim is to resolve all complaints fairly and promptly. Please take up your concerns with us and we will do all we can to help.
To help us investigate and resolve your complaint we will need to know:
- a) Your name
- b) Your date of birth
- c) The details of your complaint
- d) How you want your complaint to be resolved
How to complain
Write to Operations Manager,
Cheque Exchange Ltd, No.1 Godwin Street,
Bradford, West Yorkshire,
BD1 2SU
Email opsmanager@cheque-exchange.co.uk
Telephone 01274 351800
By signing this Agreement, the Customer agrees to be bound by its terms and conditions.
