C & C Process Servers and Tracing Agents is an Investigations and Enquiry Agent firm and regulated by the Association of British Investigators under number F1780 and the Information Commissioners Office (ICO) under number ZA014026. Its registered office is PO BOX 335, ROSSENDALE, BB4 0GT.
Please read this Privacy Policy carefully to understand why data is being collected and what we do with that data one in our possession.
We may change the privacy policy of the terms of business from time to time by amending this page. Further information about data privacy may be found in our engagement letter with you.
What type of information will we collect from you?
The personal information we collect will depend on the nature of the services we are providing and what we are contracted to do for you. Typically this might include the following:
- Contact details (including your name, address, date of birth, and email address)
- Photographic identification and proof of address documents (to carry out due diligence)
- Professional information (such as job title, previous positions, and professional experience)
Where necessary to act in your best interests, and for the establishment, exercise, or defence of your legal matter, we may need to process information which is very sensitive in nature such as diversity and health related details. In some circumstances we may need to share this information with third parties, for example a court or tribunal. If you volunteer sensitive personal data, you will be allowing us to process it as part of engaging our services.
On what basis can we process your information?
The legal grounds for processing your personal data are as follows:
- It is necessary for the performance of a contract to which you are a party, or to take steps prior to entering into a contract with you. Our engagement letter, sets out the terms of the contract and the services we will provide.
- It is necessary for the purposes of our legitimate interests, except where our interests are overridden by the interests, rights or freedoms of affected individuals (such as you). To determine this we shall consider a number of factors, such as what you were told at the time you provided your data, what your expectations are about the processing of the data, the nature of the data, and the impact of the processing on you.
- It is necessary in order to comply with mandatory legal obligations to which we are subject under EU or UK law.
Information collected from you about other people
In commercial matters, in the course of providing our legal, financial and other professional services to you we will hold and use personal information about you, your officers and/or your employees. When you provide personal information to us relating to your officers or employees, you confirm that you are allowed to do so. You should ensure that those individuals understand how their data will be used by us.
Children
Our services are not aimed at children and we will hold no data involving children.
What we are going to do with your information?
We will hold and use personal information about you in the following ways:
- Verify your identity and establish the source of funding in any transaction.
- Carry out appropriate anti-fraud checks (by conducting online searches using a third party identity provider). Please note that this will not affect your credit rating.
- Communicate with you during the course of providing our services, for example providing you with appropriate advice and dealing with your enquiries and requests.
- Prepare appropriate documentation as per instructions and authorisation.
- Carry out obligations arising from any contract entered into between you and third parties as part of your matter.
- Refer you to another company such as a recognised law firm about additional legal services which may benefit you.
- Seek advice from third parties in connection with your matter, such as legal Counsel.
- Respond to any complaint or allegation of negligence against us.
Information we collect about you from others
Information may be passed to us by third parties in the course of providing our services. The processing of this information will be necessary for the progression of your matter and to enable us to act in your best interests as your representative.
As a service provider firm we have an obligation to make you aware of anything that is relevant to your matter. When we obtain information about you from a third party rather than from you directly, we will notify you of any relevant information within a reasonable period, and provide you with details including the type of data and source it came from. Typically these sources may include:
- Other parties involved in any proceedings (such as the solicitor acting on the other side).
- Government bodies (such as HM Land Registry for details of your property).
- Public sources where this relates to you or your organisation (for example Companies House).
How long we keep your data for:
We will only retain your information for as long as is necessary to:
- Carry out the contracted work
- Compliance with any legal obligations under EU/UK law.
Typically we will store the information for 6 months from the date of instruction.
Who your information will be shared with
Based upon the services you need we may pass your details to selected people or organisations (data processors and sub processors) to carry out certain activities on our behalf. For example, personal information you provide may be disclosed to our agents, who may keep a record of that information.
We may pass your information to any third parties where required to do so in the course of providing services, or where we are obliged by law. This will include, but is not limited to:
- A court or tribunal where we are acting for you in a dispute or litigation.
- Government bodies (such as HM Land Registry or HM Revenue and Customs for property related work).
- The solicitors acting on the other side of any matter.
- Legal counsel or other experts to obtain advice or assistance on any matter.
- Any disclosures to law enforcement agencies where required by law (in particular the prevention of crime).
- Our regulators including the ABI and ICO in connection with any ongoing regulatory investigation.
- Our professional indemnity insurer in the event a claim is made against us in order to defend ourselves.
- External auditors who may carry out independent checks of your file as part of anyaccreditation.
At the outset of your matter we may not be aware of all the other parties involved as this will depend on the specific nature of the work.
We will not share your information with third parties for marketing purposes.
Security of your data
Your data will be held on secure servers within the European Economic Area (“EEA”) with all reasonable technological and operation measures put in place to safeguard it from unauthorised access. Where possible any identifiable information will be encrypted or minimised.
If we have given you a username and password which enables you to access certain parts of your matter on our systems, you are responsible for keeping it confidential. Please do not share it with anyone.
Measures when transferring your data to others
There may be occasions where we need to send your data outside the EEA. This would cover situations where we need to deal with international aspects of your matter and instruct overseas organisations to assist.
Some organisations may be located in countries outside of Europe where data protection laws are not as strict as they are in the UK. Where your personal data is being transferred outside the EU, we will undertake an assessment of the level of protection in light of the circumstances surrounding the transfer. We will make sure that any transfers are not repetitive and only limited to the minimum amount of information possible. In certain circumstances we may need to seek your consent unless there is an overriding legal need to transfer the information.
How you can access and update your information
You have a right to request a copy of the personal information we hold about you, known as a data subject access request. You also have the right to request that information we hold about you which may be incorrect, or which has been changed since you first told us, is updated or removed.
These requests are free of charge and can be sent to, Partner, C & C Process Servers & Tracing Agents, PO BOX 335, Rossendale, BB4 0GT.
How you can object to us using your data
You can ask us to limit the way in which we are using your information or object to certain types of processing. We will do our best to comply with your request unless we have to use the information for legitimate business or legal purposes.
Please note that if you want us to restrict or stop processing your data this may impact on our ability to provide our services. Depending on the extent of your request we may be unable to continue acting for you and be forced to immediately cease acting.
In these situations you would remain liable for the fees and disbursements incurred to date.
Any queries or concerns about the way in which your data is being used can be sent to C & C Process Servers & Tracing Agents, PO BOX 335, Rossendale, BB4 0GT
Moving your information to another organisation
You have the right to request that we send a copy of the personal data we hold about you to another organisation for your own purposes, for example when you are dealing with a different service provider. If you would like us to move, copy, or transfer your information to another organisation please let us know. We will respond to you within one month after assessing whether or not this is possible, taking into account the technical compatibility with the other organisation in question.
Automated decision making
We do not use your information for automated decision making.
Complaints about the use of your personal data
If you wish to raise a complaint on how we have handled your personal data, you can contact us to have the matter investigated by writing to Craig Sharpe, C & C Process Servers & Tracing Agents, PO BOX 335, Rossendale, BB4 0GT or emailing
If you are not satisfied with our response or believe we are processing your personal data not in accordance with the law you can complain to the UK data protection regulator, the Information Commissioner’s Office. Further details can be found at www.ico.org.ukor 0303 123 1113.
If you are not our client
If you are not our client your personal data may be processed to enable us to provide advice to our client and may also be used in legal proceedings on behalf of our client. We are allowed to use your information because it is in the legitimate interests of our client (for example under the terms and conditions of a loan agreement) to do so. We may also have to use your personal data to comply with our own legal and regulatory obligations.
If you have any questions about how your personal data is being used, please contact, Craig Sharpe, C & C Process Servers & Tracing Agents, PO BOX 335, Rossendale, BB4 0GT or email
Terms of Business
In these Terms of Business “C&C” refers to C & C Process Servers and Tracing Agents and “you” refers to you, C&C’s’ client (“Client”)
These are the Terms of Business referred to in the engagement correspondence between C&C and you.
Unless otherwise agreed, C&C will take your agreement to its carrying out work on your behalf as your acceptance of these Terms of Business. In those circumstances, these Terms of Business will govern the agreement between you and C&C save that all references in these Terms of Business to the “Services” will be construed as referring to the work which C&C performs on your behalf.
1. C&Cs’ Responsibilities to You
1.1
C&C will provide the Services described in any communications (or such variations as may subsequently be agreed between C&C and you) with reasonable skill and care and in a timely manner although you acknowledge that any timetable suggested or agreed is contractually non-binding.
1.2
C&C will provide advice only in relation to the Services as set out in the communications and for no other purpose. C&C disclaims any responsibility for the use of its advice for a different purpose or in a different context.
1.3
So far as it is practicable, any persons noted in the communications will perform the Services. However, in order to provide the Services on a cost effective basis, C&C reserves the right to use any personnel or sub-contractors to provide any part of the Services.
1.4
In providing the Services C&C may be subject to various legislative requirements, including, but not restricted to: the Regulation of Investigatory Powers Act 2000; the Police and Criminal Evidence Act 1984; the Criminal Procedures and Investigations Act 1996; the Proceeds of Crime Act 2002; the Money Laundering Regulations 2007; Data Protection Act 1998 and GDPR legislation. To the extent required C&C will act in accordance with the legislation stated above in connection with the conduct of investigations and the provision of the Services.
1.5
C&C is required in certain instances by the Proceeds of Crime Act 2002 and the Money Laundering Regulations 2007 to obtain and retain evidence of the identity of all clients. To comply with the legislation we may also be required to obtain further evidence of funds held by or accruing to you.
2. Your Responsibilities to C&C
2.1
It is your responsibility to ensure that the Services are suitable for your requirements.
2.2
In order to enable C&C to fulfil its responsibilities you agree, on request, to provide C&C with legally obtained, complete and accurate information so far as such information is available, which may assist C&C in performing the Services, on a timely basis including promptly making decisions as required. You agree that all information you provide to C&C is not misleading and that you are authorised to disclose such information.
2.3
You agree that you will be solely responsible for any commercial decisions that you make which do not rely upon advice provided by C&C and that to the extent that you make any commercial decision in reliance upon the advice provided by C&C, you will take into account the restrictions on the scope of the Services and any other factors, commercial and otherwise, of which you and your other advisers are, or should be, aware from sources other than C&C.
3. Fees
3.1
Unless otherwise specifically agreed in correspondence, C&Cs’ fees will be based on standard contingent or underwritten hourly rates, whichever C&C in its absolute discretion deems appropriate, taking into account the level of personnel assigned to the engagement. The seniority of personnel assigned will be determined by the complexity of the matter and the degree of skill and responsibility involved, and will be at C&Cs’ discretion.
3.2
Unless otherwise specifically agreed in correspondence, any estimates given by C&C are only estimates and C&Cs’ fees may be lower or higher. C&C will inform you on a timely basis if it considers that the estimate is likely to be exceeded. If delays or other unanticipated problems occur which are beyond C&Cs’ control, this may result in additional fees over and above the fee estimate.
3.3
C&C will be entitled to require payments to be made on account, once significant amounts of time have been incurred or for payment of expenses. Any such payments on account will be agreed with you before an invoice for such amount is presented.
3.4
C&Cs’ invoices will normally be presented on completion of the Services or an agreed proportion of the Services. It may be appropriate to issue invoices weekly, monthly or quarterly where general advice is being given on a regular basis or where you would, in any event, prefer C&C to issue invoices on this basis.
3.5
Unless otherwise stated in correspondence, expenses, including travel and subsistence, and for goods and services purchased on your behalf, are charged in accordance with C&Cs’ standard policies.
4. Payment
4.1
Unless otherwise provided for in correspondence, invoices presented on completion are payable within 7 days or as per the terms on the invoice or 28 days for work carried out under the guidelines of LAA. Disbursement invoices are payable within seven working days.
4.2
C&C reserves the right to charge interest on amounts overdue by 14 days from the date when payment should have been made to the date when payment is made at an annual rate of eight per cent (8%) plus late payment charges of £25.00 per week per outstanding invoice. (Late Payment of Commercial Debts (Interest) Act 1998).
5. Termination
5.1
You may terminate C&Cs’ obligation and/or right to provide the Services at any time. C&C reserves the right to submit an invoice or invoices for all un-billed time charges recorded in respect of the Services up to the date of termination at its standard contingent charge-out rates for the personnel involved in addition to all disbursements and other outlays expended by C&C on your behalf.
C&C reserves the right to make a cancellation fee, should short notice be given and where personnel and resources have already been allocated to the assignment.
5.2
C&C reserves the right to terminate its obligation to provide the Services in the event that:
5.2.2
Fundamentally damaging information coming to C&Cs’ attention which in C&Cs’ opinion would preclude C&C from providing or continuing to provide the Services; or
5.2.3
C&C forms the view that by continuing to act for you, C&C is or may be breaking the law or compromising the good standing of C&C such decision to be at the sole discretion of C&C; or
5.2.4
You are adjudicated bankrupt, convene a meeting of creditors, a proposal is made in relation to you for a voluntary arrangement under Part 1 of the Insolvency Act 1986, a proposal is made for any other composition, scheme or arrangement with (or assignment for the benefit of) your creditors; you are unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986; a trustee receiver administrative receiver or similar officer is appointed in respect of all or part of your assets or a meeting is convened for the purpose of considering a resolution or other steps are taken for the winding up of you, or for the making of an administration order in relation to you (otherwise than for the purpose of an amalgamation or reconstruction).
6. Limitation of Liability and Indemnities
6.1
Nothing in this Agreement shall exclude or in any way limit either party’s liability for fraud, or for death or personal injury caused by its negligence. Subject to:
(a) Maximum aggregate liability under or in connection with this Agreement, whether in contract, tort (including negligence) or otherwise, will in no circumstances exceed the higher of (i) the total fees payable to C&C hereunder and (ii) £20,000.
(b) C&C will not be liable under this Agreement for any loss of actual or anticipated income or profits, loss of contracts or for any special, indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise, whether or not such loss of damage is foreseeable, foreseen or known.
6.2
The parties agree that any condition, warranty, representation or other term concerning the performance of the Services, which might otherwise be implied into or incorporated in this Agreement, whether by statute, common law or otherwise, is excluded to the maximum extent permitted by law.
6.3
The Client shall indemnify C&C and their officers, directors, employees and agents from and against any and all costs, claims, demands, liabilities, damages, expenses and losses (including without limitation, indirect and consequential losses, loss of profit, loss of revenue and loss of reputation, and all other interest, penalties and legal and other professional costs and expenses) incurred or suffered by C&C as a result of:
(a)
The Client’s breach of Clause 3, 7 and/or 8;
(b)
The investigation of, preparation for or defence of, any pending or threatened litigation or claim by any third party in connection with this Agreement, the Services or the relationship between the parties; and
(c)
The Client’s negligence, recklessness or fraud (or that of any of its officers, employees subcontractors or agents).
7. Confidentiality
7.1
Save in the case of information that is already in the public domain (other than by breach of any agreement between you and C&C) and save to the extent that C&C needs to provide information to other entities which provide support facilities, C&C will keep all information provided by you in relation to the Services confidential and separate from all other information held on behalf of any other clients or third parties and will not disclose it to any third party. C&C will use such information only for the purposes required to provide the Services or only so far as it is required to disclose the same in order to comply with any legislation, directive or regulation of any prescribed regulatory body.
7.2
C&C is keen to obtain publicity for work it undertakes. This could include both internal and external publicity. Permission publicly to attribute work provided as part of the Services and/or as having been performed on your behalf will always be obtained from you in advance. Notwithstanding the provisions of this clause of these Terms of Business, unless you notify C&C in writing that you do not agree to such disclosure, C&C reserves the right to refer to any matters completed on your behalf in proposals or other similar submissions made to C&Cs’ prospective clients.
7.3
All reports and information supplied by C&C to you in connection with the Services are provided for your benefit only and solely for the purpose of the engagement to which they relate. They must not be used or relied on for any purpose or disclosed by you in whole or in part without prior written consent.
8. Data Protection
8.1
Information which C&C hold about you may include personal data which falls within data protection/GDPR legislation. C&C will ensure that it complies with the provisions and obligations imposed on it by GDPR and the Data Protection Act 1998 and any other applicable legislation.
8.2
All personal data acquired by C&C or you will be returned or deleted (at the option of the requesting party) on request, except to the extent required by that party to perform the Services or its obligations under any agreement set out in correspondence or as required by law.
8.3
You acknowledge that you are the data controller of all personal data processed by C&C for you in providing the Services. You acknowledge that in performing the Services C&C is permitted to use the personal data. C&C will only do so as instructed by you or as part of its file management procedures or as otherwise permitted by law. You warrant that all such personal data has been processed in accordance with data protection legislation and you agree to indemnify C&C and all other affected entities against all and any loss or damage they may suffer as a result of the use of such personal data.
8.4
C&C will, having regard to the state of technological development and to the cost of implementing any measures:
8.4.1
Provide a level of security (including appropriate technical and organisational measures) appropriate to:
(a)
The harm that might result from unauthorised or unlawful processing of such personal data or accidental loss, destruction or damage of such personal data; and
(b)
The nature of the data
8.4.2
Take reasonable steps to ensure the reliability of the personnel who have access to the personal data.
For the avoidance of doubt, the instructions are accepted on the basis that our services are conducted under the direction of the client and as such we are deemed the Data Processor and the client, and/or the principal is deemed Data Controller. The handling of personal data will be in accordance with your instructions and direction and in accordance with the Data Protection Policy published by The Association of British Investigators (www.theABI.org.uk). All searches and enquiries that we conduct are compliant and discreet but in any event by instructing us, you confirm that you are acting in compliance with at least one of the conditions contained in Schedule 2 of the Data Protection Act.
9. Electronic Communications
C&C has the capacity to communicate by way of email. This may include correspondence, documents or other information. C&C may also require access to your networks in order to provide the Services. The Internet is inherently insecure, is sometimes affected by viruses and data can be corrupted and messages are not always delivered on time. Unless you specifically instruct C&C not to do so, it will use ordinary email for many of its communications with you and to send you documents. It is possible that information sent in this format, may be intercepted intentionally or by accident and read by a third party. If you do not wish C&C to communicate with you by email or to send any specific piece of advice by email you should advise C&C accordingly in writing. By agreeing to work together, both you and C&C agree to utilise virus checks and such other security measures as a prudent operator of information and communications technologies would use. If, despite the use of such measures to such standard, you or C&C suffers any loss or damage, neither party shall be liable to the other whether in contract, tort (including negligence) or otherwise.
10. Quality of Service
10.1
It is C&Cs’ policy to maintain a high quality of service to all clients and it is C&Cs’ usual aim to obtain, either formally or informally, a regular assessment of C&Cs’ performance. Vince Butler will always be pleased to hear any suggestion as to how C&Cs’ service can be improved. If, on the other hand, you wish to make a complaint, please take it up with the person named in the relevant correspondence as having overall responsibility for the provision of the Services or if you would prefer, you should contact Craig Sharpeon tel. no. 07973 121 453 or by email.
10.2
C&C undertakes to look into any concern which you may have carefully and promptly and to do all it can to explain the position to you and where appropriate, to do everything reasonable to put it right.
11. Governing Law and Jurisdiction
11.1
You agree on your own behalf that this Agreement shall be governed by, and interpreted and construed in accordance with English Law and you submit to the exclusive jurisdiction of the courts of England and Wales to settle any disputes (including claims for set-off and counterclaims), which may arise in connection with the validity, effect, interpretation or performance of the legal relationship established by this Agreement or otherwise arising in accordance with this Agreement.
12. Separate Provisions
12.1
If any provision of these Terms of Business or any provision set out in correspondence (or in each case, any part of any such provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of the agreement between you and C&C and the validity and enforceability of the other provisions of such agreement shall not be affected.
12.2
No person has been authorised to give any representations on behalf of C&C as regards the subject matter or terms of any correspondence or these Terms of Business and any representations which have been or may be given shall not be relied upon.
13. General
13.1
Nothing in any agreement entered into between you and C&C will constitute either party, a partner, agent or employee of the other party.
13.2
No amendment or variation of the terms of the agreement set out in any correspondence or to which these Terms of Business otherwise apply will be effective unless made or confirmed in writing and signed by both you and C&C.
13.3
No party other than you, C&C and any other entities referred to in these Terms of Business shall have any rights under or in connection with the agreement between you and C&C to which these Terms of Business apply.
13.4
C&C reserves the right to decline your instructions.
13.5
From time to time an actual or potential conflict may arise between clients of C&C If such a situation arises, whenever possible, C&C will discuss the matter with you to agree an appropriate course of action. However, wherever C&C deems it unavoidable to do so, it may decline your instructions without giving a reason.
14. Services
14.1
Any timescales provided in relation to services are approximate. They are only relative to working hours which shall be deemed to be 08.30 – 17.30 hours, Monday to Friday. Public holidays are excluded. C&C cannot be held responsible for any delays caused by third parties, technological failures, incorrect or insufficient information provided, payment problems or any other unforeseen circumstances or acts of god. All efforts, however, will be made by C&C to meet timescales as advertised and/or agreed between you and C&C.
14.2
Where information is provided by third parties, or has been compiled by third parties, C&C cannot be held responsible for any inaccuracies. Whilst every effort will be made to insure that information provided is accurate, we cannot be held responsible if this does not prove to be so. Any information reports issued by C&C are valid for 21 days from date of reporting, if queried after this time, C&C can charge all and any appropriate fees.