Claims Financial - Terms and
Conditions
We offer a No Win, No Fee Service and charge No Upfront
Fees. This means that if you do not benefit from our services we
will not charge you for the services you receive from us. Charges
may apply if you cancel your
claim.
A) Our Service and
Fees
'Benefit' : means all
monetary and non-monetary benefits arising from our services.
This will often be a cash refund to you but in some cases may also
include debt reduction and/or cancellation. For example, if
you are in arrears on a loan, some or all of your refund may be
used to pay off those arrears. Our overriding objective is to
improve your financial situation whether by reclaiming money for
you or by reducing your debts. If we do this you will have
benefited from our services and our fees will be payable as set out
below.
Fees: Where you benefit from our
service our fee will be 25% plus VAT of this total benefit in each
individual claim.
Example 1 - The Company claims
back £2000 for you in a claim for mis-sold payment protection
insurance. Our fee would be £500 and the VAT would be £100. The
total amount payable by you would be £600.
Example 2 - The Company claims a
refund of charges on your credit card in the sum of £165. Our
fee would be £41.25 and the VAT would be £8.25. The total amount
payable by you would be £49.50.
Example 3 - The Company wins
your mis-sold payment protection insurance claim and in addition to
a cash refund of £1500, your debt to the insurance provider is
reduced by £700. The total benefit to you is £2200. Our fee would
be £550 and the VAT would be £110. The total amount payable by you
would be £660.
We make no warrantees as to the amount you are likely to
recover, as this will vary from case to case.
B) Payment of Fees and Use of
Credit/Debit Card Details
When is your claim won?
Your claim is won, and our fees become due as soon as we receive
confirmation from your financial services provider that an offer of
benefit has been made in accordance with section
A.
Paying our Fees in cases where the financial services
provider pays your compensation to us
You agree to the financial services provider paying your
compensation directly to us. Where this happens, we will deduct our
fees and expenses in accordance with these terms before paying the
remaining portion of the compensation to you directly. We will then
issue you with a receipted invoice.
Paying our Fees in cases where the financial services
provider pays compensation directly to you
If the financial services provider pays your compensation
directly to you, or uses your compensation to reduce debts which
you owe, we will raise an invoice against you. Our invoice is due
for payment 10 days after it is raised and at this point we will
take our fees from the credit or debit card details which you have
provided for this purpose. If you would like to make alternative
arrangements for paying our fees, you must contact us within 10
days of the date of the invoice.
Payment Card Details
You agree to us contacting you to verify your payment (debit
card/credit card) details, and you authorise us to store these
details securely and to use them to take our fees in respect of all
claims which we manage on your behalf, including any joint claims,
in accordance with these terms and
conditions.
C) Managing Your Claim, Your
Obligations and Ours
Engaging our Services and Co-operating with our
Requests
You are responsible for ensuring that you only engage us in
genuine cases and to fully co-operate throughout your claim by
providing all requested information and completing and returning
all requested documentation. Should you engage us speculatively or
fail to co-operate then we shall be entitled to invoice you in
respect of our wasted costs and expenses in running your
claim.
Rejecting Offers of Settlement
Where an offer of settlement or compensation is made which the
Company considers to be fair and reasonable, taking into account
costs, timescales and the relative strengths of your case, and you
choose to reject that offer or fail to communicate your acceptance
of the same, you shall be liable for our fees as if you had
accepted the offer.
Running Your Claim
It shall be at the company's discretion as to whether the claim
should be fought through court proceedings or by some other means.
Further, the company has discretion to cease from acting after
commencing but this would be at no cost to you. You agree to accept
our decisions and recommendations in this regard. If court
proceedings are necessary, you agree to us instructing a firm of
solicitors on your behalf, and you agree to co-operate fully with
any firm which is instructed.
Timescales and Time Limits
When you initially engage our services we will need to conduct a
review of your case, to assess whether we can continue to act on
your behalf. This may take us up to 60 days, and so we cannot
guarantee that we will be able to file your claim within any
specific time limits. Engaging our services does not suspend or
stop any time limits which are approaching, and we accept no
liability or responsibility for cases where clients are barred from
bringing their claim due to the expiration of a time limit or
limitation period.
Disbursements and Expenses
All unrecoverable expenses and disbursements arising out of
proceedings, including Data Protection Act fee, and court and
advocates' fees are to be deducted from compensation prior to our
service charge being applied. Please note that we will not incur
any such expenses without your prior agreement.
D) Data &
Confidentiality
During the term of this agreement we may request personal
financial information about you from a variety of sources. This may
constitute 'personal data' or 'sensitive personal data' under the
Data Protection Act 1998. You agree to us obtaining, storing, and
using this data. You agree to us submitting this data in evidence
or discussing it with the defendant or other third parties if
necessary in the course of your claim. Should the company be unable
to assist with your claim, you agree to your personal data being
shared with third parties who may be able to assist you.
E) Debt
Collection
If payment of our invoice is not made within 28 days the matter
will be referred to debt collection as the non-payment of our fees
would constitute a breach of your contract with us. As such
you would become liable to pay our reasonable losses and costs
arising from your breach of contract, details of which will be
provided to you when such costs have been assessed. You would
also become liable to pay such costs and disbursements that the
Court would deem to be just.
F) Dealing Direct and
Engaging Other Companies
If you engage another Company or law firm to act on your behalf
in this matter, or deal directly with the defendant then you will
have breached your contract with us. We reserve the right to charge
you our fee based upon any benefit which you have obtained directly
from the third party, or through a rival company, as if you had
instructed us solely.
G) Liability
The Company makes no warranty as to the size of any compensation
or refund which may be awarded, nor to your prospects of success as
all cases are decided on their own merits. The company accepts no
liability due to the provision of false, misleading or incomplete
information or documentation or due to any acts or omissions of any
person other than the company. The Company is not a legal advisor,
and as such none of its employees may give clients legal advice at
any time, whether verbally or in writing.
H) Terminating this
Agreement
You shall have the right to terminate this contract by giving us
written notice within 14 days of signing the contract, (cooling off
period). If written notice is received within 14 days any monies
paid by you to us will be refunded in full.
If you cancel the Contract after 14 days then we will charge you
at the Company's standard legal services charge-out rate of £50 per
hour to cover our actual costs for such preparation, processing and
administration costs up to the time that you cancelled the contract
in writing. If such termination takes place after the defendant has
made a reasonable settlement offer we will impose a charge
equivalent to our standard fees set out in section
A of this agreement as if the settlement had been
handled fully for you on the basis that you have received the full
benefit of our services.
Any termination by you must be communicated on the telephone to
our Customer Services Department and promptly confirmed in writing
thereafter. We recommend that written confirmation of termination
should be sent by recorded delivery to our registered office.
We may cancel this contract at any stage if it appears to us
that with regards to timescales, costs and the prospects of success
that we are no longer able to act on your behalf. In these
circumstances you will be free to seek alternative representation
or to continue the claim yourself.
I) Complaints
Procedure
We aim to provide excellent customer service at all times.
However, we recognise that occasionally things go wrong. Complaints
may be made in writing, by e-mail, by telephone or in any other
form. In the case of a telephone complaint, we may ask you to put
your complaint in writing to clarify the complaint so we can
investigate fully.
We reserve the right to decline to consider a complaint that is
made more than six months after you became aware of the cause of
the complaint. There may be instances where we will waive this
requirement at our discretion. We will confirm to you in writing if
a complaint has been made outside the time limit that we are
prepared to consider.
We will send you a written or electronic acknowledgement of a
complaint within five business days of receipt, identifying the
person who will be handling the complaint for the business.
Wherever possible, that person will not have been directly involved
in the matter which is the subject of the complaint, and will have
authority to settle the complaint.
Within four weeks of receiving a complaint, we will send you
either:
a) a response which adequately addresses the complaint; or
b) a holding response, which explains why we are not yet in a
position to resolve the complaint and indicates when we will make
further contact with you.
If you are dissatisfied with our response, you may request that
your complaint is reviewed by a senior officer of the company. If
after this you remain dissatisfied with our response, or if we are
unable to issue you with a response within 8 weeks of receiving
your complaint, you may refer the matter to the Claims Management
Regulator at:
The Claims Management Regulator, 57-60 High Street, Burton on
Trent, Staffordshire, DE14 1JS
Tel: 08...
Email: consumer@claimsregulation.gov.uk
Where we decide that redress is appropriate, we will provide you
with fair compensation for any acts or omissions for which we are
responsible and will comply with any offer of redress which you
accept. Appropriate redress will not always involve financial
redress.
J)
Referral fees
We work with a number of partners, introducers and
affiliates. If you were referred to us by one of our agents
your contract is with us, not with that individual and a referral
fee will be paid to that agent which will be up to 6.25% of the
total benefit we recover for you. Example: If we were to
recover a refund of £1000 for you the agent would be paid a sum of
up to £62.60 by us. If you would like further information
please address your query to the Compliance Manager at our company
address.