|TERMS & CONDITIONS (Page 1 of 2) 1. Definitions1.1 “Agreement” the Client Acknowledgement / Information notice as well as the payment example, Claims Fees and Terms and Conditions comprise you the client(s) Agreement with Consumer Claims (UK) LLP.1.2 “Benefit” means all non-monetary benefits in whatever form including without limitation all benefits that will arise from any waiver, cancellation, reduction, saving, deduction or rescheduling of any outstanding or future loan or interest payments, credit repayments, premiums, charges or other interest or administrative payments (or any offsetting or relief against the same) or any other saving, inducement, discount or rebate offered in relation to any other products or services offered by a Third Party or persons connected.1.3 “Client” means the client of the Firm.1.4 “Compensation” means the total monies and the full value of Benefits (as defined above) offered by the Third Party whether as compensation, as a gesture of goodwill, refund, discount or otherwise arising from any claim made by the Firm on behalf of the Client for allegedly mis-sold PPI (as defined below) and/or any reduction in loan outstanding and/or any interest or capital recovered. Where such an offer is revised on appeal, then the higher amount shall be used in order to calculate the amount of the Compensation subject to the client having not previously cancelled the agreement.1.5 “Firm” means Consumer Claims (UK) LLP1.6 “Contract” means the contract between the Firm and the Client for the provision of the Services, comprising the signed Client Agreement, the Client Acknowledgment/Information and these terms and conditions.1.7 “PPI” means a Payment Protection Insurance policy or similar loan protection scheme including without limitation schemes covering eventualities such as accident, sickness, redundancy and/or unemployment.1.8 “Services” means all or any of the services as specified in the Contract including Mis-sold PPI, Mis-applied Credit/Bank Charges, Mis-sold Packaged Current Account, Mis-sold Savings & Investments, Mis-sold Pension/Pension Transfer/Endowment/Annuity/Life Insurance1.9 “Service Charges” means the charges payable by the Client set out in the Contract based on the Firm working on a contingency fee Basis, as stated in the payment example claims fee section1.10 “Third Party” means any Lender, person firm or firm that imposed charges on the Client and/or sold or marketed to the Client one or more of the Services as per section 1.71.11 Authorised Adviser is a person acting on behalf of Consumer Claims (UK) LLP and is selling our Services to You on behalf of Consumer Claims (UK) LLP.2. Duration|
2.1 The Contract shall commence on the date on which the Clients signed Client Agreement has been received by the Firm and unless terminated earlier as provided below shall continue until:2.2 Compensation is recovered for the Client by the Firm and the Service Charges (as applicable) are paid by the Client; or2.3 The Firm advises the Client in writing that it is unable to recover Compensation; or2.4 The Firm exercises its right not to pursue a claim for Compensation but this is without prejudice to any rights the Client may have to make a claim.3. Services
The Firm agrees with the Client:3.1 That it will use its reasonable endeavours to pursue an application for Compensation from the Third Party on behalf of the Client where the Firm believes that it is reasonable to do so, having regard to the merits and the value of the Client’s claim;3.2 To notify the Client promptly and in writing if it decides that it will not pursue an application for Compensation;3.3 To use reasonable endeavours to keep the Client informed the progress of the claim;
|3.4 That it will not seek to recover the Service Charges should the application to the Third Party for Compensation prove unsuccessful, unless this is due to an act or omission on the part of the Client;3.5 To act in the best interests of the Client at all times;4. Charges – We work on a 100% no win no fee basis4.1 The Service Charge fee as detailed on the Client Agreement (Claim Fees – 20% + VAT (PPI) 30%+VAT (All other services)) is payable by the client to Consumer Claims (UK) LLP in the event of a successful claim for mis-sold PPI, recovery of capital and/or interest / charges Mis-applied Credit/Bank Charges Mis-sold Packaged Current Account, Mis-sold Savings & Investments, Mis-sold,Pension/ PensionTransfer/ Endowment/ Annuity /Life Insurance. I/we authorise the Third Party credit provider/insurer/broker/bank to pay my monies recovered to the Firm and to disburse appropriate fees to Consumer Claims (UK) LLP.4.2 In the event that the claim process is halted by the client, the Firm may reserve the right to charge for work and disbursements expended up to the time of cancellation.5. Debt Recovery|
5.1 In the event the Firm takes steps to recover any Service Charges due and unpaid by the Client to the Firm, the Client shall pay to the Firm the Firm’s costs (including administrative costs) of taking such steps on those costs incurred by the Firm, including but not limited to, Court fees, interest and administrative fees in recovering from the Client any Service Charges due and unpaid from the Client to the Firm.5.2 All sums due from the Client which are not paid on the due date which is 28 days from the date of invoice shall bear interest from day to day at the rate of 2% per annum over the base lending rate of Barclays Bank Plc.6. General Obligations of the Client The Client agrees with the Firm:6.1 To provide promptly all such information as the Firm may reasonably request;6.2 To ensure that all information sent to the Firm is true, accurate, not misleading and shall not contain relevant omissions;6.3 To authorise the Firm to act on its behalf to contact the Third Party or such other persons, firms or companies as the Firm considers necessary to perform the Services and to authorise the release of any such information as deemed appropriate;6.4 To authorise the Firm on an exclusive basis to negotiate on the merits of the Clients claim;6.5 To deal with all correspondence from the Firm promptly, including without limitation to return to the Firm either the Third Party’s acceptance form or a letter rejecting the Third Party’s offer as soon as reasonably practicable and in any event within 28 days;6.6 Not to appoint any other claims handling firm or other person firm or firm to provide the Services during the term of the Contract;6.7 Not to pursue the claim during the term of the Contract personally;6.8 Not to contact or correspond or communicate with the Third Party without the consent of the Firm , as this may prejudice negotiations;6.9 To immediately copy to the Firm any correspondence it receives from the Third Party;6.10 That it has not previously claimed or received compensation or an offer of compensation from the Third Party.7. Payment Obligations of the Client and the Firm7.1 To collect on its behalf any Compensation due from the Third Party.7.2 The Client agrees that it is liable to pay the Service Charges to the Firm if the Compensation is paid directly to the Client by the Third Party and the Firm may deduct its Service Charges and any other fees due to the Firm under the Contract from any Compensation it receives on the Client’s behalf.
|TERMS & CONDITIONS (Page 2 of 2) 7.3 All Service Charges and other fees payable by the Client to the Firm shall be paid by the Client within 14 days of the Firm’s invoice for such charges or (if stated) by such later date stated in the Firm’s invoice.7.4 When an offer for Compensation is obtained from the Third Party on behalf of the Client which in the reasonable opinion of the firm is fair and reasonable having regard to the relevant timescales and that offer (which is in accordance with FSA and FOS guidelines) is rejected by the Client then the Firm reserves the right to charge a fee equal to the amount of the Service Charge which would have been payable in the event that the Client accepted that offer in line with the firm’s advice.7.5 The Client agrees to pay to the Firm the Service Charge and is deemed to have accepted an offer of Compensation in cases where an offer of compensation, which in the opinion of the Firm is fair and reasonable (which is in accordance with FSA and FOS guidelines), has been sent by the Firm to the Client, and the Client has not within 28 days of receiving such offer either returned to the Firm, the Third Party’s acceptance form or a letter rejecting the offer.8. Performance|
8.1 The Firm will use all reasonable endeavours to perform the Services within a reasonable period from the date of receipt of the signed Client Agreement. The Firm cannot be held responsible for delays due to circumstances beyond its control, such as delays caused by the Third Party or the Client. Reasonable delays in performance or delays due to circumstances beyond the Firm’s control shall not deem the Firm to be in breach of its’ obligations under this agreement.9. Termination
9.1 The Firm shall have the right by giving written notice to the Client at any time to immediately terminate the Contract if:9.1.1 there occurs any material breach by the Client of any term of the Contract which is irremediable or if remediable is not remedied to the Firm’s satisfaction (such satisfaction not being unreasonably withheld) within 14 days of a written notice by the Firm specifying the breach and requiring it to be remedied; or9.1.2 the Client is adjudicated bankrupt, enters into a voluntary arrangement with its creditors or has a receiver appointed under the Mental Health Act 1983; or9.1.3 the Client does not follow any reasonable recommendations of the Firm.9.2 The Client shall have the right to terminate the Contract by giving written notice to the Firm within 14 days of signing the Contract.9.3 Any termination by the Client must be communicated promptly in writing. If at any point you wish to cancel your claim with us you are free to do so by informing us clearly either verbally or in writing of your wish to do so. A cancellation form is included with your claim pack should you wish to do so. The Firm recommends that the written confirmation of termination should be sent by recorded delivery. The Firm will acknowledge the Client’s written confirmation of termination within 5 working days of receipt. If the Client does not receive this acknowledgement within 7 days, the Client should contact the Firm’s Customer Relations Department to
|check that his/her written confirmation of termination has been received. In the event that the Client terminates the Contract after the standard 14 day Cooling Off period the Firm reserves the right to charge the Client a fair and reasonable amount for the work that has been carried out, based on a standard operating hourly rate which is currently £75 per hour, to cover preparation, processing, and submission costs incurred by the Firm. If such termination takes place once the Third Party has made an offer of Compensation, the Firm shall have the right to impose a charge equivalent to the Service Charges that would be payable if the offer was accepted.10. Confidentiality|
11.1 All personal data is held in accordance with the provisions of the Data Protection Act 1998 (“DPA”).11.2 The Firm agrees to comply with any written Subject Access Request under the DPA made by the Client for the personal data that it holds subject to any exemptions that may apply from time to time. The Firm charges an administration fee for providing this information, which shall not exceed the fee from time to time permitted under the DPA (currently £10).11.3 The Firm further agrees to correct any inaccuracies in the Client’s personal data held at the request of the Client.11.4 The Client Authorises the Firm’s assigned Solicitors / Agents or Third Parties to share information with Consumer Claims (UK) LLP in relation to the Clients Claims.11.5 The Client acknowledges and agrees that its personal data may be submitted to a credit reference agency and processed on behalf of the Firm in connection with the Services.12. Assignment12.1 The Client may not assign this contract except to a personal representative of the Client without the consent of the firm (such consent not being unreasonably withheld) as such assignment may reduce the quality of instructions provided to the firm and may hamper the claim accordingly.13. Notices
13.1 Any notice to be given in accordance with the Contract and these terms and conditions must be in writing.14. Law and Jurisdiction
14.1 The law applicable to the Contract shall be English law and the parties consent to the jurisdiction of the English courts in all matters affecting the Contract.
CLIENT ACKNOWLEDGEMENT / INFORMATION
|Client Acknowledgement> I/we acknowledge this Client Acknowledgement / Information notice as well as the payment example Claims Fees and Terms and Conditions comprise our Agreement with Consumer Claims (UK) LLP. I/we have had the scheme explained to me/us and note that the Client Acknowledgement / Terms & Conditions are appropriate for my/our requirements I/we understand that there are other ways to pursue my/our claim direct with the third party, via the Financial Ombudsman and that I am/we are free to appoint my own/our own Solicitor. However having considered the options I/we wish to proceed with the claim(s) through Consumer Claims (UK) LLP> I/we understand the Service Charge fees as detailed on my/our Claim Fees.> I/we understand that where a Credit Agreement is in arrears, the Lender may clear these arrears from my/our successful claim. I/We further understand that in the event that any refund was paid in this way then the service charge would still be payable by me/us> I/we understand that Consumer Claims (UK) LLP provides a service to assist claiming PPI settlements typically within 6 – 12 months of the claim being accepted by Consumer Claims (UK) LLP subject to delays on the part of Lender, the FSCS or FOS. Consumer Claims (UK) LLP also provide the following services Mis-applied Credit/Bank Charges, Mis-sold Packaged Current Account, Mis-sold Savings & Investments, Mis-sold Pension/Pension Transfer/Endowment/Annuity/Life Insurance> I/we understand that this Agreement maybe cancelled in writing within 14 days of receipt by Consumer Claims (UK) LLP and that Consumer Claims (UK) LLP is free to advise on any aspect of this Agreement and in particular to advise me/us to cancel this Agreement if he/she thinks it is not in my/our best interests.> I/we acknowledge and understand the following IMPORTANT Recommendations to consider before making a claim against a Lender or Credit Card provider:> Not to make any further purchases or increase the balance using the disputed Credit Card.> In the case of a loan, not to take any further advances or increase the borrowing under the loan Agreement> In the case of any credit agreement to continue to make the repayments required under the agreement until the conclusion of the claim.> I/we understand that any of the above may adversely affect the success of my/our claim and the level of any award.> I/we also acknowledge that if I/we lie to the Firm, or fail to cooperate with them or refuse to accept a reasonable offer of settlement (as advised by the Firm), I/we note that in those circumstances I/we will become liable to pay the Firm’s fees in respect of any work carried out on my/our behalf following the expiry of the cooling off period calculated on a time costs basis at an hourly rate of £75 and any monies that they have paid out on my behalf (e.g. Court Fees for debt recovery)> I/we are aware that the opponent may approach me/us directly and may make an offer to settle the claim. I/we promise that an offer will not be accepted, or an Agreement signed and returned to the Lender, without first discussing the matter with the firm.> I/we are aware that before making a claim against any Third Party we currently have any Products with, it is recommended that I/we have alternative arrangements in place or available for this Product should the Third Party choose to withdraw the Product.> If you are in a Debt Management Plan or IVA, you should be aware that any repayment will usually be used to pay your creditors, but you will still be liable to pay us our fees. However if this was the case then we would be happy to agree to payment of our fees by way of a regular standing order in an amount||which was affordable to you and which was less than the reduction in the monthly amount which you were previously making to the relevant creditor. Making a Claim – The Process|
We will carry out an initial review to assess the likelihood of a possible claim. This information will then be presented to you. If you wish to proceed with one or more potential claim, you will enter into a contract with us for the provision of Regulated Claims Management Services in respect of your potential claim(s).You will be asked to provide a copy of your Mortgage / Credit Agreements and or Bank / Credit Card Statements as appropriate, policy documents or relevant paperwork.Once your claim has been assessed by Consumer Claims (UK) LLP we will work on a contingency fee basis.Once the firm receives the required information from your Lender / Card provider, Insurance company the firm will carry out an assessment of your potential claim including an Audit of your Credit Agreement and where appropriate will write to your Lender / Card provider, Insurance company detailing your claim.In the event that the company responsible for the sale of your financial product does not agree to uphold your claim we will refer the matter to the Financial Ombudsman Service on your behalf should you wish us to do so and if we consider that there are sufficient prospects of success for us to do so.At all times you have the right to seek advice from alternative sources.Service Charges (Payable upon completion of a successful claim (The Firm works on a CONTINGENCY FEE basis)Service Charges are only payable upon completion of a successful claim and are charged against the final amount recovered.14 Days “Cooling Off” PeriodYou have a 14 day “cooling off” period from the date Consumer Claims (UK) LLP receive your signed Client Agreement within which you may cancel the contract with us BY PROVIDING US WITH your written notice of cancellation. After this 14 day period, if you cancel after this period you may be liable for costs as detailed under your Client Agreement / Terms and Conditions.Referral FeesWe have a referral relationship with our panel solicitors where we may receive referral fees for the packaging of claims, where applicable any referral fees will be communicated direct to you by the appointed Solicitor. We may also pay referral fees to Introducers referring claims to the Company (amounts available on request).ComplaintsWe aim to provide a first class professional and confidential service. We have internal procedures for handling complaints fairly and speedily and, should a complaint arise; in the first instance you should contact our customer services department at:Consumer Claims (UK) LLP, Suite 1, 17 Broad St, Bury BL9 0DAIf you are not satisfied then you may refer the complaint to Claims Management Regulator, Claims Management Regulation, Monitoring & Compliance Unit, 57-60 High Street, Burton Upon Trent, Staffordshire, DE14 1JS
An example of the way in which a claim can be settled where our fee is 20%+VAT (24% TOTAL)
|Example A:All compensation is “cash in hand”||Example B:|
Compensation includes “cash in hand” award with loan and future instalment reduction
|Example C:Compensation is used to offset arrears consumer has on credit card or loan|
|Total compensation:||£1000||Total compensation:||£1000||Total compensation:||£1000|
|Of which is cash||£1000||Of which is cash||£500||Of which is cash||£0|
|Loan Reduction||£500||Set off arrears||£1000|
|Fee charged @ 20% plus VATFEE = £200|
|£240||Fee charged @ 20% plus VATFEE = £200VAT =£40||£240||Fee charged @ 20% plus VATFEE = £200VAT =£40||£240|
|Consumer receives||£760||Consumer receives||£260||Consumer pays||£240|
|(and no reduction in loan as it is already paid off in full)||(and a reduction of £500 in future loan instalments)||(and a reduction of £1000 in their outstanding loan)|
Please note that in the event that any refund is made solely by way of a balance reduction the service charge would still be payable.
Please refer to the “Service Charge” clause above for further details.
|Type of Claim||Fee Payable Before VAT||VAT Payable|
|Mis-applied Penalty Charges||30%||20%|
|Mis-sold Packaged Current Account||30%||20%|
|Mis-sold Savings & Investments||30%||20%|
|Mis-sold Pension/Pension TransferEndowment/Annuity/Life Insurance||30%||20%|