Terms of website use

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

Terms of website use

This terms of use (together with the documents referred to in it) tells you the terms of use on which you may make use of our website http://www.mortimerclarke.co.uk/ (our site).  Use of our site includes accessing, browsing, or registering to use our site.

http://www.mortimerclarke.co.uk/ is a site operated by Mortimer Clarke Solicitors (referred to as “Mortimer Clarke Solicitors/we/our/us”). We are registered in England and Wales under company number 06211733 and have our registered office at 16-22 Grafton Road, Worthing, West Sussex, BN11 1QP. Our VAT number is 725 0370 61.  Our SRA ID number is 622915.

As a user of this website (referred to as “you/your”) you acknowledge that any use of this website is subject to these terms and conditions (which also includes the Privacy Policy).

Please read these terms of use carefully before you start to use our site, as these will apply to your use of our site. We recommend that you print a copy of this for future reference.

By using our site, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms of use, you must not use our site.

Other applicable terms

These terms of use refer to the following additional terms, which also apply to your use of our site:

  • Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
  • Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.
  • Our Cookie Policy, which sets out information about the cookies on our site.

Changes to these terms

We may revise these terms of use at any time by amending this page.

It is your responsibility to read the terms and conditions on each occasion you use this website and your continued use of the website shall signify your acceptance to be bound by the latest terms and conditions.

Changes to our site

We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.

We do not guarantee that our site, or any content on it, will be free from errors or omissions.

Accessing our site

Our site is made available free of charge.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our site.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

Our site is directed to people residing in the United Kingdom. We do not represent that content available on or through our site is appropriate or available in other locations. We may limit the availability of our site or any service or product described on our site to any person or geographic area at any time. If you choose to access our site from outside the United Kingdom, you do so at your own risk.

You acknowledge that if your use of this website is for business purposes then your use is in the course of your employment and you are using this website with the permission of your employer or entity/organisation that you represent as such use by you will bind the employer/organisation on whose behalf you are making such use, to the prevailing terms and conditions. If you do not have permission from your employer or entity/organisation then you must not access or use this website. Accordingly, ‘you/your’ shall also include your employer or entity/organisation.

Intellectual property rights

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials, marks and/or content made available as part of your use of this website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors. You further acknowledge that any other use of the material and content of this website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to), in any way, copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content whatsoever without our prior written approval.

No reliance on information

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

Limitation of our liability

We will use reasonable endeavours to verify the accuracy of any information on the site but make no representation or warranty of any kind, express or implied statutory or otherwise, regarding the contents or availability of the site or that it will be timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses, bugs or Trojans of any kind or represents the full functionality, accuracy, reliability of the website.

We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website and we accept no liability of any kind for any loss and/or damage from action taken or taken in reliance on material or information contained on the site.

Other than as expressly provided in these terms and conditions, any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law.

We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent on negligent misrepresentations) or otherwise out of or in connection with the terms and conditions or the use of this website for any: economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or loss of goodwill or reputation; consequential, special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions.

If you are a business user, please note that in particular, we will not be liable for:

  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will take all reasonable measures to safeguard any details submitted using the secure website, but we cannot be held liable for any loss and/or damage caused whatsoever as a result of unauthorised access to information provided by you or your recklessly, negligently or otherwise divulging any information to an unauthorised 3rd party.

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

Viruses

We do not guarantee that our site will be secure or free from bugs or viruses. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

Linking to our site

You may not link to this site without permission. If you intend to link to link to our home page in a way that is fair and legal and does not damage our reputation or take advantage of it, please contact [email protected].

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

If you wish to make any use of content on our site other than that set out above, please contact [email protected].

Miscellaneous Provisions

These terms and conditions form the whole agreement between you and us for your access to and use of this website and shall be governed by the laws of England and any dispute between us will be resolved exclusively in the courts of England.

Mortimer Clarke Solicitors shall be under no liability for any delay or failure to otherwise perform any obligation as specified in these terms and conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.

We may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that by you accessing any linked website, we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including, without limitation, any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.

You may not assign or sub-contract any of your rights or obligations under these terms and conditions to any third party or whatsoever unless agreed upon in writing by Mortimer Clarke Solicitors.

Mortimer Clarke Solicitors reserves the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of its rights or obligations under these terms and conditions and/or any other terms and conditions to any third party and/or any person or legal entity within the Group and “Group” shall mean the Cabot Credit Management Group and its associated Companies.

If any portion of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these terms and conditions shall not be affected.

These terms and conditions do not create or confer any rights or benefits enforceable by any person that is not a party (within the meaning of the U.K. Contracts (Rights of Third Parties) Act 1999).

No delay or failure by Mortimer Clarke Solicitors to exercise any powers, rights or remedies under these terms and conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorised representative of Mortimer Clarke Solicitors.

These terms and conditions including the documents or other sources referred to in these terms and conditions supersede all prior representations understandings and agreements between you and Mortimer Clarke Solicitors relating to the use of this website and sets forth the entire agreement and understanding between you and Mortimer Clarke Solicitors for your use of this website. This Mortimer Clarke Solicitors website (http://www.mortimerclarkesolicitors.co.uk/) is operated by Mortimer Clarke Solicitors.

Contact us

To contact us, please email [email protected]

Thank you for visiting our site.

Mortimer Clarke Solicitors is a company registered in England and Wales with registered address 16-22 Grafton Road, Worthing, West Sussex, BN11 1QP. Registered Number 06211733.

Privacy Policy

Privacy Notice

Information applies from the 25th May 2018

Our Privacy Promise to you:

  • We promise to be fair and transparent
  • We treat the security of our customers' data seriously
  • We believe in integrity and respect your privacy

What does this mean for you?

Our privacy notice provides you with information about how we, Mortimer Clarke Solicitors Limited, use your personal data, which we are required by law to give you. Each section sets out different information – you can use the following list to choose which sections of our Privacy Notice you want to read:

  1. Our identity as a data controller and our contact details
  2. Types of personal data we collect and how we collect it
  3. The legal basis on which, and the purposes for which, we are processing your personal data
  4. How long we keep your personal data for
  5. Who we share your personal data with
  6. Transferring your personal data outside of the EEA
  7. Sharing information to prevent crime or harm
  8. How you can manage your personal data
  9. Cookies
  10. How to complain

Mortimer Clarke Solicitors Limited is part of the Cabot Credit Management Group of Companies. You can contact the Group Data Protection Officer (DPO) at: 1 Kings Hill Avenue, Kings Hill, Kent ME19 4UA, or alternatively by email on: [email protected].

If you would like to contact Mortimer Clarke Solicitors Limited directly regarding your data, please write to: Privacy Manager, 16-22 Grafton Road, Worthing, West Sussex, BN11 1QP, or alternatively email: [email protected].

Occasionally we will need to tell you how we will process specific information you have provided to us, we will do this by providing a notice at the time we receive or obtain personal data.

1. Who are Mortimer Clarke Solicitors Limited?

Mortimer Clarke Solicitors Limited is a data controller of your personal data. We are authorised and regulated by the Solicitors Regulation Authority (SRA). As a data controller we are registered on the Information Commissioner's Office (ICO) website.

2. What types of personal data do we collect and how do we collect it?

Types of personal data we collect

The types of personal data that we collect are outlined below:

  • Personal Data- Personal data is information that can be used to identify you as an individual such as name, address and contact information.
  • Financial Data- Financial data is information from your credit file, income and expenditure data, account information and any other information relating to your ability to repay your account

Special Categories of personal data:

Some categories of personal data are more sensitive, these are known as special categories of personal data for example:

  • Racial, Ethnic origin
  • Biometric data
  • Ethnic origin
  • Religious beliefs
  • Data concerning heath, sexual orientation

If you ever disclose this type of personal data to us we will only need to keep this on record if it is necessary for the services we are providing. Where we do need to keep this data we will always request your explicit consent. We will only store this data for as long as it is relevant and will check in with you periodically. You have the right to withdraw your consent at which point we will delete the special category data from our records.

If you disclose special category personal data to us without us having the opportunity to obtain explicit consent, for example if you send a letter to us detailing your medical situation, you will have given your consent for us to process that data.

Where we consider it necessary to record the special category personal data you give to us, we will securely record this information and tell you in writing how we will use it and how you can withdraw your consent.

How do we collect your personal data?

We collect your information in the following ways:

  • We obtain data from our client, any appointed agent of our client and the current (or the previous) owner of your account.
  • We keep records of correspondence between us, including letters, email and SMS.
  • We record phone calls between you and our staff for training and monitoring purposes and to improve and enhance the service we offer you.
  • When you use our website, we collect information concerning your usage of the website, behavioral patterns, which pages you viewed, traffic data and the originating domain name of your internet service provider.
  • We operate CCTV at our business premises, if you were to visit our office your image could be captured on CCTV.
  • We access third party data sources and combine and process data from those sources with your personal data. Examples of such third party data sources include the Land Registry, Credit Reference Agencies (CRAs), registers of court judgments, bankruptcies searches, postcode lookup databases and telephone number verification databases.
  • Third parties that we appoint may collect personal data from you and pass it on to us.
  • We collect information concerning your usage of the website, behavioral patterns, which pages you viewed, traffic data and the originating domain name of your internet service provider.

 3. How do we use your personal data?

We use your personal data:

  • To follow our client’s instructions
  • To help us service your account
  • To manage our operations and improve our services to you and our clients
  • To manage security, risk and crime prevention
  • To meet our regulatory requirements
  • To undertake statistical analysis for business improvement

In order to process your personal data we need to have a justified legal basis, this means that processing your personal data must be necessary for one or more of the following:

  • To comply with a legal obligation
  • Where we have a legitimate interest
  • To perform a contract that you are party to
  • When you give us your consent
  • To protect your vital interests

The details below set out the lawful basis that we rely on to process your personal data:

Business Process: Debt recovery litigation

Our lawful basis for processing: Performance of a contract, Legitimate interests, Compliance with a legal obligation.

How do we use your data? As a business our core operation is debt recovery litigation on behalf of our clients. As part of this recovery process we would need to perform trace and debt recovery activities; validate your identity, contact you in writing, by email, by SMS and telephone, agree payment arrangements, process payments and take litigation action, as instructed by our clients.

Business Process: Data Matching

Our lawful basis for processing: Legitimate interests

How do we use your data? We may collect information credit reference agencies in order to undertake data matching.

Business Process: Management of your account

Our lawful basis for processing: Compliance with a legal obligation, Legitimate interests, Performance of a contract.

How do we use your data? As a business, we have an obligation to manage your account on behalf of our client. We have a legitimate interest in understanding your ability to repay the outstanding balance as well as how best to communicate with you; in order to do this at times we will use statistical analysis and automated processes to make decisions about how best to engage with you.

Business Process: Training, monitoring and improving our service.

Our lawful basis for processing: Compliance with a legal obligation, Legitimate interests.

How do we use your data? In order to ensure we provide the best service we can, we use recordings of telephone calls, which will contain personal data of our customers, to train staff. We may choose to ask another company to contact you to request feedback enabling us to review the service you’ve received and to make improvements where necessary. We monitor your website usage, collecting info to improve our service, business efficiencies and, statistical and analytical activities.

Business Process: Complying with legal and regulatory requirements

Our lawful basis for processing: Legitimate interests, Performance of a contract, Compliance with a legal obligation.

How do we use your data? At times we share data with other third parties where we have a legal or regulatory requirement to do, for example the Solicitors Regulation Authority and Financial Conduct Authority. In the event that you are unhappy and have made a complaint to the Credit Services Association, we will share your personal data with them enabling them to review your complaint.

 4. How long do we keep your personal data?

Your personal data will be kept for as long as you are a customer of our client. We will keep your personal data for 6 years and 3 months from when your relationship with our client comes to an end, in order to respond to any complaints or queries, comply with legal and regulatory obligations to keep certain records.

5. Who do we share your personal data with? (transfers and security)

At times we will need to share your personal data with other companies:

  • Other companies within the Cabot Credit Management Group - for example the outsource of support services and receiving instructions from an client appointed agent
  • Debt Collection Agencies or solicitor firms where they are acting on our behalf to help recover a debt
  • Other companies that may help us to validate that the data we hold is accurate or to obtain new information - for example a new telephone number
  • Your original creditor
  • Suppliers and service providers - for example companies that provide an IT, infrastructure or mailing service
  • Any person or company that you instruct us to liaise with - for example, a friend, family member, representative or a Debt Management Company.

Whenever we engage with a third party we ensure that the third party has a similar level of safeguards and controls in place before sharing your personal data with them.

6. Transferring your personal data outside of the EEA

We may transfer your personal data to organisations that operate outside of the European Economic Area enabling us to work with suppliers who help us to manage your account. Where we do transfer your personal data outside of the EEA we will ensure that your data is protected and any suppliers are part of the privacy shield, and/or that the appropriate contractual requirements are in place.

7. Sharing information to prevent crime or harm

We have systems that protect our customers and ourselves against fraud and other crime, including money laundering. Customer information can be used to prevent crime and trace those responsible.

As part of our ongoing monitoring of your account and to service your account, we have legal obligations that require us to obtain certain personal details to validate your identity, both at the beginning of your relationship with us and throughout it. If false or inaccurate information is provided by you, or if fraud or another financial crime is identified or suspected, we will obtain publicly available information, such as media reports or regulator publications, which may contain personal details about you such as any criminal convictions. If fraud or another financial crime is identified or suspected, we will be required to pass your personal data to fraud prevention agencies or other authorities for the prevention and/or detection of financial crime. We have legal obligations to pass this data to fraud prevention agencies and this is our legal basis for sharing personal data in this way.

The agencies we may share your personal data with are:

  • Cifas
  • The National Crime Agency
  • Action Fraud
  • The Police
  • Her Majesty’s Revenue and Customs

If we have reason to believe that you are in prison, we will obtain publicly available information, which may contain some of your personal data such as the name of the Prison you are in and the length of your sentence, to update the information we hold about you and to manage your account in the most appropriate way.

If we have reason to believe that you are in immediate danger, we will pass your personal data, including any details we have about your physical or mental health, to the Police and other emergency services in order to protect your vital interests.

8. How can you manage your data?

Managing your account

You are able to access and manage much of the data we hold that allows us to administer your account and provide our services to you. You can do this via our website that can be access on www.mymortimerclarke.co.uk.

Once you have activated your online account and opted in to us contacting you by email, you can edit and update your personal data. 

Your rights

Object to processing

You have the right to object to us processing your data if the processing itself is an unwarranted interference with your interests or rights. You can find out more about how and why we process your personal data in section 3 ‘How we use your personal data?’ 

If you still believe that you have a valid and justifiable reason to exercise this right you can contact us on the details below.

Restrict Processing

If you believe we are processing your personal data unlawfully or you believe that we no longer need your personal data you have the right to request that we restrict the processing of your personal data.

Right to be forgotten

Under data protection legislation you have the right to request that we delete your personal data if you believe we no longer have a lawful basis to process it. If you feel that we should not be processing your personal data you can submit a request on the below details.

Right to rectification

Upon obtaining personal data we conduct checks to validate that it is accurate as we are reliant on you and other third parties to provide us with correct information. If you believe that any of the personal data we hold for you is incorrect, it is important that you make us aware as soon as possible, for example if you have a new phone number or have moved address.

Automated profiling and decision-making

At times, we use the personal data we hold on you to conduct profiling and automated decisions, for example, to predict how likely you are able to pay back your outstanding balance or how best to engage with you.

The new data protection legislation changes stipulate that where profiling or automated decision making produces a legal effect or similarly significantly affects you, we need to make you aware of your right to object. We do not believe that the profiling and decision-making that we conduct has either a legal effect or similarly significant impact on you but we will keep such processes and controls under review and update this notice accordingly.

If you have any further questions regarding any of the above information please contact: [email protected].

Your right to portability

You also have the right to request that we transfer personal data that you have provided to us either to yourself or another data controller. You can exercise the right to data portability by contacting us on the below details:

Writing: Mortimer Clarke Solicitors, 16-22 Grafton Road, Worthing, West Sussex, BN11 1QP 

Email: [email protected] (please use “Right to Portability” as the subject of your email)

Accessing your data

You have the right to see the personal data relating to you that we hold. As a data controller we will also ensure that we provide any additional personal data that any of our data processors may hold about you.

We take the protection of your personal data seriously, because of this we reserve the right to request proof of identity before supplying any information.

Once we have validated your identify we will aim where possible to respond to your request within a calendar month. We typically will send your personal data by Royal Mail Recorded Delivery, if however you wish to receive it in a different format, for example on an encrypted disk, then please let us know.

In order to make this request please contact us on the below details:

Writing: Mortimer Clarke Solicitors, 16-22 Grafton Road, Worthing, West Sussex, BN11 1QP

Email: [email protected] (please use “Subject Access Request” as the subject of your email)

Call: 0333 121 4454

9. Cookies

Our website does operate cookies. A cookie is a small file that is placed on your computer`s hard disk which may be placed for several reasons, for example Google analytics, such as analysing the traffic to the website and to speed up access to the website.

We will always ask you on the homepage whether you want us to place a cookie on your computer. The vast majority of web browsers accept cookies, however you can manually change your browser settings so that cookies are not accepted. If you do this, you may lose some of the functionality of this website. For more information about cookies and how to disable them please go to: www.aboutcookies.org.

We can confirm that any cookies placed by us shall not store or collect any personally identifiable information.

10. How to complain

If you would like to make a complaint or have a query about how we use your personal data, you can contact us on the below details:

Email: [email protected]

In writing: Privacy Manager, Mortimer Clarke Solicitors, 16-22 Grafton Road, Worthing, West Sussex, BN11 1QP.

Mortimer Clarke Solicitors Limited is part of the Cabot Credit Management Group of Companies. You can contact the Group Data Protection Officer (DPO) on the details below:

Email: [email protected]

In writing: Data Protection Officer, 1 Kings Hill Avenue, Kings Hill, Kent ME19 4UA.

If you are unhappy about how we have handled your complaint you have the right to complain to the Information Commissioners Office:

Website: https://ico.org.uk/concerns/

Call: 0303 123 1113

Communications With Us And Our Responsibility For Customer Confidentiality

When you connect to this website all information that is passed between your web browser and our web server is encrypted.

The data that you submit from the web browser is encoded using a session key, which means that anyone trying to intercept the information on the Internet will not be able to read it. This also happens when the web server sends information back to you.

This process uses a standard system called Secure Sockets Layer (SSL). Mortimer Clarke Solicitors use the latest version of this technology (128-bit encryption), which is the most secure commercially available today. This is why you should use a recent version of Internet Explorer or Netscape to access our website.

Your password is held securely in our database and will only be emailed to you when you register or if you successfully answer your security question.

It is very important that you keep your password safe! If you think that it has been compromised in any way, please telephone us on 0330 045 0779.​

As a member of the Cabot Credit Management Group, we have the following memberships and accreditations:

CSA Investors In People CCTA