- Claims Financial - Terms and Conditions
Claims Financial - Terms and Conditions
Up until 1st August 2013 your claim has been dealt with by Everything Legal Limited trading as Claims Financial. With effect from 1st August 2013 the staff managing your claim will become part of DAS Law Ltd. Our contact details, trading name and the people looking after your claim will however remain the same.
Whilst the claims management activities of Everything Legal Limited are regulated by the Claims Management Regulator, DAS Law Limited is authorised and regulated by the Solicitors Regulation Authority (SRA). As a result DAS Law Limited will be subject to the SRA Code of Conduct 2011. Our purpose to deliver a high quality service to you remains unchanged.
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.
These terms and conditions apply to claims for financial services compensation for mis-sold payment protection insurance. In these terms and conditions “defendant” means the financial services provider. The information you have been provided with does not contain advice regarding whether the claims management service offered is suitable for you. The decision is yours and therefore it’s very important that you read the Terms and Conditions carefully or seek professional advice if in doubt.
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. You will be responsible to pay our fees if any money has been recovered directly or indirectly as a result of us lodging a claim for you.
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 guarantees as to the amount you are likely to recover, as this will vary from case to case.
B) Payment of Fees
When is your claim won?
Your claim is won, and our fees become due as soon as we receive confirmation from the defendant 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 defendant 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 Defendant 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 immediately.
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) Alternative Methods of Funding a Claim
You should check that you do not have any other methods of funding your claim before proceeding with the agreement. Alternative methods of funding claims could include claiming on a legal expenses insurance or some other form of insurance that might cover the cost of making such a claim.
E) 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.
F) 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.
G) 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.
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.
I) 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.
Example 1 – The company incurs 5 hours of legal services costs in the preparation, processing and administering of your claim prior to a reasonable settlement offer has been made and you cancel the agreement. Our fee would be £250 and the VAT would be £50. The total amount payable by you would be £240.
Example 2 – The company secures a reasonable settlement offer of £1000 and you cancel the agreement. Our fee would be £250 and the VAT would be £50. The total amount payable by you would be £300.
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.
J) How to make a complaint
We always aim to give you a high quality service. If you think we have let you down, please email our Customer Service Department at firstname.lastname@example.org or write to our Head Office address.
If you wish to view details of our internal complaint-handling procedures these are available to download here. If you unable to access the document please call 0344 893 9306 and we will send you the document via post or email.