Terms & Conditions
We offer a No Win, No Fee Service and charge
No Upfront Fees. This means that if our client
does not benefit from our services we will not charge you for the
services you receive from us.
A1)
Financial Product Compensation - Specific Terms
'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. This is subject to minimum fees of £65 plus VAT in each
unfair mortgage charge claim, £150 plus VAT in each credit card
claim and £450 plus VAT in each mis-sold payment protection
insurance claim. Subject to the amount being claimed, where minimum
fees apply this could be more than 25% of your total compensation
and we make no warrantees as to the amount you are likely to
recover, as this will vary from case to case.
Example 1 - The Company claims back
£2000 for you in a claim for mis-sold payment protection insurance.
Our fee would be 25% plus VAT. The total fee charged would be
£587.50
Example 2 - The Company claims a
refund of charges on your credit card in the sum of £320. The
minimum fee of £150 plus VAT would apply. The total fee
charged would be £176.25.
A2)
Care Home Fees Recovery - Specific Terms
'Our Client' : Our
client will be the person in care, and a claim may be brought by
anyone who has legal authority to handle their affairs. Where the
person in care is deceased, our client will be their estate, and a
claim may be brought by an executor or administrator of that
estate.
'Benefit' : means all
monetary and non monetary benefits arising from our services. This
will normally be a cash refund to our client.
'Fees' : Where the client receives a benefit,
our fee will be 20% plus VAT of this total benefit in each
individual claim. This is subject to a minimum fee of £2,000 plus
VAT. Where the minimum fee applies, this could be more than 20% of
your compensation. Most claims are significantly higher and we will
carry out assessments on a case by case basis:
Example 1 - The Company claims back
compensation of £28,000 for our client. Our fee would be £5,600
plus VAT. The total amount charged would be £6,440
Example 2 - The Company claims back
compensation of £7,000 for our client. Our minimum fee of £2,000
plus VAT would apply. The total amount charged would be
£2,300.
A3)
General Terms - Payment of Fees, Your Obligations and
Ours
When Are Fees Due?
Our fees become due as soon as we receive confirmation from the
defendant that you have benefited from our services in accordance
with the above. We will then issue you with a receipted VAT invoice
for your records within 14 days. Where a benefit is conferred to
you including directly to your account and you fail to reject that
offer within a period of 28 days by writing to us, you will be
deemed to have accepted that 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
Whilst your claim is running, the Company will fund court and
legal fees, together with any costs arising out of these
proceedings. Such fees are to be deducted from compensation
prior to our service charge being applied. In the case of care home
fees claims, disbursements for medical and expert's reports will be
the responsibility of the client, albeit we will not incur any such
expenses without your agreement.
Compensation Payments
You agree to the defendant paying any compensation monies
directly to the Company. We will then deduct from this sum our
expenses and fees in line with section A of our terms, before
paying the remaining portion of the compensation to you. Where the
third party pays compensation to you directly, you agree to account
to us in respect of our expenses and fees within 28 days.
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.
B)
Data & Confidentiality
During the term of this agreement we may request personal
financial information and confidential medical information about
our client 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.
C)
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.
D)
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.
E)
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.
F)
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.
G)
Complaints Procedure
We aim to provide excellent customer service at all times.
However, we recognise that occasionally things go wrong. If you
feel you wish to complain about the service you have received,
please read our Complaints Handling Scheme below.
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 final 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.
With eight weeks of receiving a complaint we will send you
either:
a) a final response which adequately addresses the complaint;
or
b) a response which explains why we are still not in a position
to make a final response, giving reasons for the further delay and
indicating when we expect to be able to provide a final response;
and
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.
H)
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.