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GLOSSARY

Debts or receivables

The schedule of work a Member RMA processes in order to try and collect debts (also known as a Workflow)

On-going debts being collected

Profitable enough to warrant a cost investment

The levels of professionalism in approach an RMA can demonstrate e.g the training of its agents, how data is protected by the RMA, how secure are its payments process and client money, once debts have been collected etc

The arrangement whereby debt collection services are offered on a “commission on collection” basis

Criminal records bureau checks

A company, an organisation or individual who places debts for collection onto the Metwork platform

Group of debts/accounts/receivables

The layout of the debt information (usually on an excel file) that is transferred to the RMA.

  • (a) The age of the debt. The older it is the more difficult it is to collect
  • (b) the quality of the contact data supplied. Is there a phone number, an email, a work telephone number, the full address available etc? The less the amount of contact data available the more the Member has to do to find it.
  • (c) The level of dispute around the debts. Are people refusing to pay because services haven’t been carried out or information hasn’t been supplied?
  • (d) Amount of work already processed to try and collect the debts. How many letters, emails and calls have been sent/made and have the debts been placed with another agency prior to placing on Metwork?

RMAs based in the same country as the debt placer.

Formal checking process to establish the business credentials of a party

Secure online facility provided by RMAs (Metwork members) that supplies information and analysis to the debt placer on the progress of their accounts.

Laws and guidance governing the work of collection agencies

A formal procurement process where multiple bidders are invited to submit a detailed proposal

Materials and know-how that specifically are the creation of a particular party and as such are subject to ownership rights.

The debt collection system that the RMA( Metwork Member) works on.

A Receivables Management Agency or RMA, better known as a debt collection agency who may place bids to collect your accounts.

A company, an organisation or individual who places debts for collection onto the Metwork platform.

A rapid procurement process. Usually sent to “preferred potential bidders”

Amounts of debt that have been collected

If no debt has been collected in that reporting period the RMA must record a 0, as opposed to not recording a figure.

One payment based on a forecast of how much debt will be collected

Group of debts/accounts/receivables

Would be considered by all interested parties as a “fair proposal” based on the information supplied

Debts or accounts

The amount of debt that a member RMA predicts will be collected.

Receivables Management Agency/ Metwork member

A formal procurement process where multiple bidders are invited to submit a detailed proposal.

An amount an RMA will charge for finding someone who has disappeared from an address

Sending the debt amounts and personal information to the RMA so they can start collecting them

A legal action resulting in a court judgment awarded against the defendant

To cancel a placement of debts already on the Metwork platform

The difference it costs a Member to collect a debt and the commission they earn from collecting it.

Definitions:

  1. Accounts = Debts / receivables
  2. Bid = The amount of price, commissions and fees offered for an Opportunity
  3. Bidder = Bidding agency (debt collection agency, RMA/Metwork member)
  4. Buy/Sell = Opportunities that are sold by the placer to a bidder (also called Sales Opportunities)
  5. Client = The company or individual who originally placed the accounts for settlement
  6. Close Date = The last date for bids on an opportunity
  7. Commission = Amounts charged by the Bidder to the Placer for collecting debt and an amount paid by a Placer to Metwork in consideration of a sale of debts”.
  8. Contingency = The arrangement whereby debt collection services are offered on a commission on collection basis.
  9. Contingency Opportunity = Portfolio of accounts offered for bids from members for a contingency arrangement.    
  10. Due Diligence = Formal checking process to establish the business credentials of a party
  11. End Date = The last date the bidder is allowed to work on the accounts.’
  12. Fees =Amounts other than Commission that may be invoiced to a placer (for example fees for finding people who owe the debt who have disappeared and for legal work)”
  13. Host = Metwork
  14. Member = A debt collection agency (also known as an RMA) who bids for opportunities to work and can also place opportunities for bids on Metwork.
  15. Opportunity = Portfolio of accounts receivable placed for bids
  16. Parties = The placer and the bidder
  17. Payees = People and organisations who owe money to the placer
  18. Placer = A company, individual or member offering the opportunity
  19. Prices = Amount agreed for the sale of an opportunity
  20. RMA = A debt collection agency also known as a Receivables Management Agency. All “members” on Metwork are RMAs
  21. Seller = A company, individual or agency placing an opportunity for Sale
  22. Settlements = Amounts collected from payees
  23. User = A placer (can be a company, individual or Member placing or who has placed an opportunity
  24. Workflows = The agreed process by which a member will attempt to collect accounts subject of an opportunity

By accepting the following Terms and Conditions you are entering into a contract with all other users and members attached to the agency community known as Metwork.

The host reserves the right to vary these terms and conditions. You will be notified of any changes and the date they take effect. Failure to accede to amended terms and conditions may result in your being excluded from Metwork.  

You accept that any disputes between yourself and another member or members are both parties responsibilities, but not the host’s, to resolve and, that reported breaches of these Terms and Conditions or complaints by either the host a placer, bidder or other members may result in your temporary or permanent exclusion from Metwork at the sole discretion of the host. You further agree that;

  • You will abide by all protocols recognised under the Metwork system owned and operated by the host which is confirmed in standard communications at each stage of the bid process. Such protocols are, but not exclusively classed as.
  • Transfer of settlements and payment of commission by a member and placer within 10 days (including non- working days and public holidays) on all contingency opportunities unless varied by mutual agreement between the parties.
  • Payment of all commissions due to Metwork for Buy/Sell from a placer and contingency opportunities from a member within 7 days of invoice date.
  • Commission paid to Metwork on collected amounts subject of a return from a bank or credit card company due to insufficient funds or fraudulent use will be refunded back to the placer within 7 working days.
  • Payment of prices at times stipulated on the standard Buy/Sell contract available to members or, in a private contract between the parties (whichever is applicable) for all Buy/Sell opportunities.
  • Acceptance that the bid prices, commissions and fees cannot be changed, except by mutual consent of the parties. Also that in the event of change, Metwork has the right to insist on original values being due for all Metwork commissions.
  • Acceptance by Members that commission due on contingency opportunities continues to be due to Metwork on all future work placed by the placer and that in order to track due amounts accurately, collection amounts on new work must continue to be reported. Such arrangements to continue until, and only, if Metwork confirm alternative arrangements may take effect.
  • Any complaints by a member about another party to the host must be by email to admin@metwork.co The host will take a maximum of 3 working days to decide whether to uphold the complaint (although they reserve the right to allow a longer period if the circumstances are particularly detailed), and their decision will be final. Any complaints to the host will be considered by the host, only in as much as it affects either or both parties continued membership of Metwork and/or whether or not to allow a second or third bid to be accepted by the placer free of charge. Any opportunities where a bid has been agreed, and the accounts worked following due diligence will be subject to normal commissions, if re-placed on Metwork for new bids.
  • All withdrawals of Opportunities before close dates must be for a valid reason and that more than four withdrawals per annum before close date and more than two during due diligence (unless a complaint by the agency about the bidder is upheld by the host), may result in temporary or permanent exclusion from Metwork at the sole discretion of the host.
  • All placers must select a bid within 24 hours from midnight at the start of the day following the close date. If no bid has been accepted, the Opportunity will be treated as having been withdrawn.
  • Added: Metwork, at its discretion, reserves the right to exclude placers from the platform if the lacer consistently refuses to accept bids.
  • All strategies, letters, e-communications and workflows and any other reasonable requests for information must be sent within 24 hours of acceptance of a bid by email and, that all subsequent communications to and from each of the parties, until all arrangements regarding the working of opportunities, payment of prices (for Buy/Sell Opportunities), or transfer of settlements and payment of commissions (for contingency opportunities have been agreed, must be sent within a 24 hour period and, that failure to adhere to this may result in (a) a complaint to the host by the placer or bidder (b) another bid being accepted by the placer or (c) request by the Hhost to the placer to withdraw the Opportunity. The host’s decision on complaints during this due diligence process is final.
  • Any opportunities placed, where a request is made to exclude certain members from bidding is allowed but, if a member is excluded from three separate opportunities, the host may contact the excluded member and request whether or not they would like some feedback, given anonymously, by the excluding placers If requested, the host will then contact the excluding placers who must provide this information within 7 days back to the host. Such information, if considered unreasonable by the host, may result in a request to include the excluded member in either the current or future opportunities and failure to do so, may result in suspension or permanent exclusion of the excluding placer from Metwork. Such information will not however be requested if (a) a complaint has been made by either placer about the excluded member(s) during the last 12 months and the complaint has been upheld or (b) a previous Opportunity has been withdrawn during due diligence where both parties concerned were acting in either placer or bidder capacity during the preceding 12 months, whether or not a complaint was made.
  • No Opportunity, having been withdrawn twice (unless following a complaint by a placer against a bidder which does not count as a withdrawal) can be re-placed within 3 months of the last withdrawal.
  • All bank transfers of price payments, settlements and commissions must be received within 24 hours of confirmed despatch unless otherwise agreed by the parties
  • All prices, settlements and commissions transferred and paid must be in the currency that the accounts are expressed in, unless otherwise agreed by the parties
  • All prices, settlements and commissions paid and transferred are accepted as at the day rate exchange rate shown at www.xe.com at the time of transfer. Metwork exchange rates will be set at 8am GMT according to the XE rates and be updated each day at 8am.
  • All settlements transferred must be gross of commission and, in the absence of other agreed procedures between the parties during due diligence, any commission or fee invoices overdue may result in the creditor member offsetting their invoiced amounts from any subsequent transfers of settlements.
  • In the absence of other agreements between the parties, at the end date for contingency opportunities (if applicable), the bidder will cease all contact with the placer’s client’s payees and all settlements from that date from payees to the bidder will be transferred within the 10 day period from receipt at “nil” commission for a period of 180 days from the end date, but that the bidder has the right, following such a period, to request fees for passing such funds equivalent to 50% of the commissions and fees agreed in the original bid.
  • That no attempt will be made by either placers or bidders during the bid process to reveal their identity and, that any flouting of this rule, whether to influence an outcome of a bid or for any other reason, could result in temporary or permanent exclusion from Metwork.
  • A bidder must never approach, either directly or indirectly, any client they have been introduced to by a placer in connection with an Opportunity placed or, in relation to any other current or future matter for a period of three years from the date they last worked on an account subject of either a Buy/Sell or contingency opportunity (does not include the period following end date on a contingency opportunity, when settlements may still be arriving from payees and need to be transferred to the placer). All communication concerning the opportunity must be via the placer. This does not apply if the bidder has previously worked on other accounts for the client, or they are successful on a future opportunity or are working another opportunity, where specific permission has been given for them to contact the client.
  • All users accept the right of a successful bidder member to conduct appropriate financial and other checks to confirm that the user is legally trading, has legal ownership of the accounts, is adequately insured and that the bidder further retains the right to withdraw from any successful bid and to report any valid concerns regarding the useer, the accounts they have placed or both to the appropriate regulatory authorities. Where such concerns exist the member also warrants that they will notify Metwork immediately so that the appropriate investigations may be conducted as to the reported members suitability to remain a member of Metwork.
  • All memebr RMAs warrant that (a) they hold all appropriate provisional and/or full licences to buy, sell or work on overdue accounts for a third party (b) they hold full membership of the dominant representative trade association in the country where the majority of their business is conducted (defined as that with the most agency members or at least 10 where only one exists) or that if they do not, then Metwork has the right to request further evidence of proper business conduct potentially outside the scope of these terms and conditions  (c) that they hold adequate professional, employer and public indemnity insurance for the opportunities they bid for (d) they have appropriate documented processes, and control mechanisms to safeguard sensitive data, manageable processes for backing up such data and disposing of it safely within legal limits, safeguarding money in whatever form and it’s treatment (d) that all owners directors and employees are adequately checked as being professionally acceptable for the tasks they carry out (e) That they conduct acceptable checks and audits on any suppliers who may hold sensitive data on their behalf and that where this data belongs to or did belong to a placer, that the placer is fully aware beforehand of the type of data such suppliers will hold and, that permission is obtained to divulge such data and that any breaches or other concerns that the RMA member have over the use of such data will result in request for such data to be returned and destroyed by the supplier and further that such concerns if appropriate will be reported to the regulatory authority and (f) the host reserves the right at all times to exclude the RMA member  either temporarily or permanently from the Metwork platform if the host has cause to conclude that the RMA member is not performing to the highest standards of integrity as well as effectiveness of performance. Further, all RMAs members warrant that hold appropriate provisional or full licencing issued by the Financial Conduct Authority to practice debt collection activity in the regulated credit market, or that if they do not, then Metwork has the right to request further evidence of proper business conduct potentially outside the scope of these terms and conditions.
  • That the host does not accept any responsibility whatsoever for breaches of data protection legislation by any members, whether or not they are in relation to opportunities placed on Metwork, any other breaches of security of information, negligence, professional misconduct or other matter subject of a legal or any other claim brought by any member, user, client, payee(s) or individual(s) or organisation(s) outside the scope of these Terms and Conditions. Such breaches include use/misuse of passwords generated by Metwork and/or members, their employees and/or agents whether current or former and use/misuse of email contacts supplied to Metwork by members, their employees and/or agents whether current or former.
  • That you agree that the host can vary commissions for new placements and /or introduce new fees for members without notice, although such variances will not affect Opportunities currently placed, available or bid for.
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