Terms & Conditions
A)
Fees, Your Obligations and Ours
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.
'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': If we are successful (see A1 above) in
your claim/case and you do benefit our fee is 25% plus VAT of the
total benefit to you in each individual claim subject to a minimum
fee of £75 plus VAT in each credit card claim, £65 plus VAT in each
and every unfair mortgage charge claim and £150 plus VAT in unfair
bank charge and mis-sold payment protection insurance claims.
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
£1000 for you in a claim for unfair bank charges. Our fee
would be 25% plus VAT. The total fee charged would be
£287.50
Example 2: The company claims a
refund of charges on your credit card in the sum of £165. The
minimum fee of £75 plus VAT would apply. The total fee
charged would be £86.25.
Payment Details: Upon receipt of your initial
claim form you agree to us contacting you to verify your personal
information and verifying your payment details (debit/credit) with
a 1p charge. You authorize us to use those same details to
take our fees at a later date in accordance with these conditions.
Further you agree to us using your payment details in respect of
all claims that we manage on your behalf including those of any
joint applicants.
When are fees due? Our fees become due as soon
as we receive confirmation from the third party (bank, lender etc),
that you have benefited from our services in accordance with A1
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.
Engaging us: There are a number of
companies offering comparable services to us and it is recommended
that you choose the best company for your circumstances and 'shop
around' subject to the timescales for the particular claim
type.
In the event a refund/benefit is made directly to you in
accordance with A1 you must notify us within a reasonable time. We
will then take payment in accordance with paragraph 3
above.
Any unrecoverable disbursements arising out of proceedings to
include the Data Protection Fee, Court Fees and advocates' fees
will be deducted from your total settlement sum before deducting
our service fees. Please note that no such fees will be incurred
without your prior agreement.
B)
Communication Data &
Confidentiality
During the term of the Agreement we shall request information
about your personal and financial situation including the accounts
held at your bank from you and third parties. This may constitute
"personal data" or "sensitive personal data" under the Data
Protection Act 1998.
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)
Liability
The company makes no warranty as to the amount you may recover
in any particular claim as cases are always assessed on a case by
case basis. . 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 accepts no liability for any steps a financial
institution may take in relation to your claim. The company is not
a legal or financial advisor, and as such none of its employees may
give clients financial or legal advice at any time, whether
verbally or in writing.
E)
Terminating this Agreement
You shall have the right to terminate the 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.
You may cancel the contract in writing after 14 days but will be
charged for any work undertaken during this period, and for any
charges incurred by us from Third Party suppliers for services
procured on your behalf. If you cancel the Contract after we have
received an offer of Compensation from a Third Party our normal
fees will be applied. Details of charges are set out at Part A and
E of this agreement.
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.
If you cancel the Contract after 14 days then we will charge you
at the Company's standard hourly rate of £25 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 a Third Party has
made an offer of benefit is made to you we will impose a charge
equivalent to our standard fees set out at A above as if the refund
had been handled fully for you on the basis that you have received
the full benefit of our services.
F)
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 respect of a claims management service that we
have provided and that is regulated under the Compensation Act
2006. 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:
i 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 ii informs
you that you may refer the handling of the complaint to the Claims
Management Regulator if you are dissatisfied with the delay.
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.
If you are not satisfied with our response, or if a complaint is
not resolved after eight weeks, you may refer the complaint to:
Claims Management Regulator
PO Box 7824
Burton on Trent
Staffordshire
DE14 9DP
info@claimsregulation.gov.uk
Tel: 0845 4506858.
The Regulator can review the handling of the complaint and can
give a direction on further handling of the complaint. However, he
cannot determine a complaint or award compensation.
G)
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.