Terms and Conditions

TERMS & CONDITIONS:

 

  1. The Agreement:

1.1 These Terms & Conditions set out the agreement entered in to between the Client and the Company in relation to all of the Client’s claims, upon signing the terms and conditions.

 

  1. Duty upon the Client:

2.1 To provide, without delay all relevant information, responses, authorisation, documentation and information to the Company in relation to the Client’s claims.

2.2 To provide true and non-misleading information to the Company.

2.3 Agrees that all information provided may be used to process the claim(s).

2.4 To inform the Company of any payments received in respect of the claim, whether prior to the agreement with the Company or after the Company has processed the claim.

2.5 Agrees not to make a separate claim for compensation either themselves or through any other Company for the duration of this contract, as any separate claim(s) could cause confusion between Lender and Company.

2.6 To provide details of any communication between the Client and the Lender Institution, without delay, including that which is from the Client to the Lender and that which is from the Lender to the Client and shall send to the Company without delay a copy of any such communication in writing.

2.7 Confirm that no person other than the Client or a joint holder signing the Letter of Authority shall be entitled to any part of the compensation.

2.8 To confirm the Client is the only holder of the Policy (other than any other joint holder signing the Letter of Authority).

2.9 Confirm I/We have are not, nor ever have been in any Bankruptcy/IVA/Arrears/Debt Management.

  1. The Company’s Authority from the Client:

3.1 By signing the Letter of Authority the Client exclusively instructs the Company to make and process the claim(s) in respect of mis-sold PBA (Packaged Bank Account(s)) and/or PDL (Payday Loan(s)) on the Client’s behalf.

3.2 By signing the Letter of Authority the client exclusively instructs the company to look into all financial products on the Client’s behalf.

 

  1. Compensation Payments and Company Fees:

4.1. Agrees to pay the Company a Fee of 30% Plus VAT (20%) which is a total of 36% on the net amount of compensation recovered as a refund from the Lender Institution in respect of the represented claim for mis-sold PBA (Packaged Bank Account(s)) and/or PDL (Payday Loan(s)). (Please see fee structure on page 5).

4.1.1 Agrees that where a Lender offers redress (upholds complaint) the client shall make payment 3 days after receiving monies from the Lender. (The Company will however contact the Client within a suitable timeframe to discuss the fee(s) and payment(s) once the claim is upheld).

4.1.2 Agrees that if subject to bankruptcy, a debt relief order, an IVA, sequestration or a similar arrangement the compensation/redress might, in certain circumstances be offset against outstanding debts; and where necessary, may still be liable to pay the Company’s service fees from own funds.

4.1.3 Agrees that where a Lender Institution holds a current and active credit agreement, the compensation pay out may be offset against that active agreement and may not result in a cash pay-out.

4.1.4 Agrees that where the compensation payment reduces the outstanding credit amount and does not offer a lump sum pay out, the fees will still be applicable and payable within 3 days of settlement.

4.1.5 Agrees that the Company shall be entitled to charge after 14 days of the invoice being overdue a late payment fee of 5% per annum (accruing daily) above the base rate of National Westminster Bank on any amount due (and unpaid) from the Client to the Company.

 

  1. The Company’s Obligations:

5.1 Gives no warranty that the claim will succeed and result in compensation, or to the amount of compensation that may result from the claim; but endeavours to do its best upon instruction from the Client.

5.2 To follow the necessary steps to pursue a claim on the Clients behalf.

5.2.1 To act in the best interest of the Client.

5.2.2 Make the Client aware, the Client is able to pursue a claim themselves without the help of any Claims Management Company.

5.3 To update our Client by phone, letter or text before or no later than every 6 months.

5.4 Shall produce an invoice to the Client in respect of the Fee

5.5 To offer a No Win, No Fee service. (Subject to cancellation fees).

 

  1. Limitation of the Company’s Liability:

6.1 The liability of the Company to the Client or any other person in contract, shall:


6.1.1 Be limited to any loss suffered by the Client that is a reasonably foreseeable consequence of the Company’s acts or omissions.

 

  1. Cancellation and Termination:

7.1 The Client shall be entitled to cancel the agreement by notice over the phone, post or via the online cancellation form found here, customers can also contact us for a hard copy, cancellation shall only take effect from the date on which the cancellation notice is received in writing (if not more than 14 days of receipt of said notice). The Company will acknowledge the cancellation in writing within 7 days of receipt of the cancellation notice.

7.2 Where the Client cancels the agreement within 14 days of signing the Terms and Conditions, there will be no fee payable. After the period of 14 days from the date of signing the Terms and Conditions the Client will be liable to pay a fee to the Company and the fee will be disclosed in an invoice to the Client and shall be payable within 14 days of any such fee being imposed/date of the invoice; the fee will be calculated on basis of work undertaken, for the amount of £45.00 per billable hour.

7.3 The Company shall be entitled to terminate the agreement at any time in its absolute discretion and shall accordingly promptly inform the Client.

7.4 On cancellation of the agreement, the agreement shall be terminated; and the rights and obligations of the Company and the Client pursuant to the agreement shall cease, save those set out in clauses; 4.1.3, 5.2.1, 5.3, 6.1.1, 7, 8, and 9 shall survive termination and the termination of the agreement shall be without prejudice to any rights and liabilities of the Company and the Client accrued at the date of termination.

 

  1. Complaints:

Regulated and Authorised by the Financial Conduct Authority FRN: 837876. Regulation is recorded at **www.register.fca.org.uk**

8.1 A complaint can be made to us in writing by phone, email or post;

Ivy Mill Business Centre,

Ivy Mill, Crown Street,

Failsworth, Manchester

M35 9BD

8.1.2 We will respond to a complaint within five business days of receipt, introducing the complaint handler (this is called our acknowledgement).

8.1.3 We will endeavour to provide a final response to any complaint within 8 weeks and offer redress where relevant.

8.1.4 If we do not accept liability we will explain in the final response. If we do not hear from the Client within 14 days of receiving our response, we will assume that the complaint has been resolved and the file will be closed and referred back to the relevant department.

8.1.5 Once the complaint has been closed, if the client then contacts the Company the complaint can be re-opened in exceptional circumstances.

8.2 If you are not satisfied with our final response or where a complaint is not resolved in the stipulated time period you may refer the handling of your complaint to:

 

Financial Ombudsman

Exchange Tower

Harbour Exchange

London

E14 9SR

 

www.financial-ombudsman.org.uk

0800 023 4567

 

  1. Governing Law:

The agreement and these Terms & Conditions are governed by and shall be construed in accordance with English & Welsh Law

 

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Example A:

All Compensation is “cash in hand”

Example B:

Compensation is used to offset arrears consumer has on credit card or loan

Example C:

Compensation is not subject to VAT

 
Total compensation: £3000 Total Compensation: £3000 Total Compensation: £3000
Of which cash: £3000 Of which cash: £0 Of which cash: £3000
Set off arrears: £0 Set off arrears: £3000 Set off arrears: £0
Fee charged @ 30% £900 Fee charged @ 30 % £900 Fee charged @ 30% £900
VAT @ 20% £180 VAT @ 20% £180 VAT @ 20% (based on inclusive rate) £0
Total Fee £1080 Total Fee £1080 Total Fee £900
Consumer receives £1920 Consumer pays £1080 Consumer receives £2100
(and no reduction in loan as it is already paid off in full) (and a reduction of arrears of £3000 in their outstanding loan) (evidence of VAT not being applicable would be required)  

This fees illustration is a guide only. You may receive more or less than the illustration indicates and the amounts shown are not demonstrative of average claim values.