1. Definitions
Administration Charge means such costs incurred in processing, preparation and submission of the Client’s Claim (including without limitation any charges payable to the Third Party whether under the Data Protection Act in force at the time (‘DPA’) or otherwise in order to obtain details relating to the Client’s Claim for Compensation incurred by the company and as fall due for payment under Contract until such time that the Client’s written notice of termination is received by the Company.
Claim means a given claim for compensation made by the company on behalf of the clients in accordance with the term of the contract.
Client means the client of the company and policy holder(s)/accountholder(s) whose details are set out in the Letter of Authority and who have appointed the company to provide the services. Reference to ‘you’ and ‘your’ shall mean the client and shall be constructed accordingly and words denoting any gender include all genders and words denoting person shall include firms and corporations and vise versa.
Client’s card means either the credit or debit card which is the subject of the claim relating to credit/bank charges or unenforceability. The clients credit card must active in order to make claims unenforceability. Whereas, we are able to pursue a claim relating onerous charges on both active and non active credit card accounts.
Compensation means the total monies and full value of the benefits offered by the third party whether offered as compensation, as a gesture of goodwill or how ever so arising from the claim by the company on behalf of the client for alleged unreasonable or erroneous loan charges or credit card/bank charges and/ or a mis-sold PPI. Where such an offer is revised on appeal then the higher amount shall be used in order to calculate the amount of the compensation.
Contract means the contract between the company and the clients for the provision of the services, comprising the SIGNED Form of authority, letter of engagement and these terms and conditions.
Legal Expenses means the expenses incurred by or on behalf of the company in relation to the preparation or commencement of proceedings on behalf of the clients in connection with a claim, including but not limited to the fees of the company’s legal representative(s) and court fees.
Credit Card Providers means a person who as a principal and not as an agent provides credit cards and advance credit against such cards and shall include but not be limited to the third party as the context permits.
Loan Charge means charge in connection with any loans, overdraft, mortgage, credit or hire purchase agreement including any interest or credit charge, early or late payment charge made in respect of any such agreement excluding credit card/bank charges.
PPI means Payment Protection Insurance policy or similar loan, credit or mortgage protection scheme including without limitation schemes covering eventualities such as accident, sickness, redundancy and or unemployment. Including but not limited to products such as loan or Creditor Insurance, Mortgage Payments Protection, Accident, Sickness and Unemployment Protection, Personal Loan Protection and Credit Repayment Protection.
Services means all or any of the services specified in and provided under the contract.
Service Charges means the charges payable by the client to the company as set out in the contract which may include without limitation the Administration charges and/or legal charges.
Introduction and Referrals means where appropriate the company will refer an Unenforceable Claim or PPI claim to a preferred panel of solicitors. In exchange a solicitor will pay a fee of to the company of any fee paid to the solicitor. This payment is financial arrangement between the company and the solicitor and as such the client’s is NOT required to make payments to the company if a payment is made to the solicitor. Except where the client has entered into an agreement with the company regarding a PPI claims. The company will continue to charge the clients its agreed fee; however the solicitor will not charge the client an additional fee(s) for its services. The solicitor’s term and condition will apply.
Solicitors means where appropriate the company will introduce the client to a firm of solicitors in pursuing claims against the Third Party organization.
Third Party means the bank, person, firm or company that provides credit facilities to the client, imposed credit card/bank charges and or loan charges on the clients and/or arrangement or introduced a PPI Policy, or any other organization responsible for the provision of such products.
VAT means value added tax payable at the prevailing rate as determined by Her Majesty’s Revenue and Customs.
Writing or Written includes faxes but not e-mail. Words in the singular include the plural and in plural include the singular. Reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it.
2. Commencement and Duration
The Contract shall commence upon the signing and returning of the Form of Authority and the section 77/78 request to the Company by the Client and unless terminated as provided for herein shall continue until the earlier of:
2.1 Compensation is recovered for the clients by the company and the service charges and/or the administration charges are paid by the third party to the company and then duly paid to the clients less the service charge; or
2.2 Compensation is recovered for the client by the company and the service charges and/or the administration charges are paid by the clients to the company; or
2.3 The company informs the clients in writing that it is unable to recover the compensation; or
2.4 The company exercises its right not to pursue a claim for compensation, such right being strictly without prejudice to any rights the client may have to make a claim.
3. Services and scope of our work
In consideration of the service charges the company shall provide the service in accordance with the contract and the company agrees that it will:
3.1 use its reasonable endeavours to pursue an application for compensation from third party on the clients behalf where, having regard to the merits of a claim the company considers it reasonable to do so;
3.2 notify the client in writing if it decides not to pursue a claim for compensation (the company further reserve the right not to provide a reason for such a decision)
3.3 use its reasonable endeavours to keep the clients appraised of the claim process;
3.4 promptly pay any compensation to the client after deducting the service charge and where applicable any administration charge;
3.5 hold all compensation monies received by the third party in a client account which is separate from the company’s bank account.
4. Client Obligations
The Client irrevocably agrees that he shall:
4.1 provide promptly all such information as the company may from time to time reasonably request and ensure that all such information is true accurate and not misleading and is free from omission and includes where relevant the names of any joint policy or account holder;
4.2 authorise the company to act on his behalf to contact the third party or such other persons as the company considers necessary to perform the services and to release such information as the company shall reasonably request.
4.3 authorise the company on an exclusive basis to negotiate the merits of the clients claims;
4.4 deal with all correspondence from the company promptly including without limitation to return to the company either the third party’s acceptance form or letter rejecting the third party’s offer as soon as is practicable and in any event within 14 days;
4.5 not appoint another claims handling service provider to provide the same service as the service unless agreed in writing by the company;
4.6 promptly provide copies of any correspondence he receives from the third party I respect of any claim;
4.7 not pursue the claim directly with the third party during the term of the contract;
4.8 indemnify and keep indemnified the company from and against all costs, demands, liabilities, expenses, damages or losses (including without limitation consequential losses, loss of profit and loss of reputation, and all interest, penalties and legal and other professional costs and expenses) arising out of or in connection with a claim which in the reasonable opinion of the company having made reasonable enquiry of the third party or any party to the claim is fraudulent or is based on a fraud or dishonesty by the client(s).
Any breach, failure or omission by the client to perform the obligations under this clause 4 may result in fee being charged by the company to the client. If you have previously made a claim against the same third party in respect of the same subject matter you must inform us immediately.
5. Charges
5.1 The clients undertakes to pay the service charge and any other charges that may be payable by the clients under the contract and where the clients is more than one person such liability shall remain joint and several. Service charges and any outstanding Administration charges will be payable on any part of any compensation that is received by the clients or the company upon recovery of the same from the third party. All potential unenforceable credit cards and/or loan agreements are assessed free of charge.
6. Parties Payment Obligations
6.1 The client assigns to the compensation and authorise the company to collect on his behalf any compensation due from the third party under the claim.
6.2 The amount of the service charge payable by the client to the company is set out in the signed letter of engagement relating to the services and the client herby acknowledges that he is liable to pay the service charges and any administration charge if the compensation is paid directly to the client by the third party as follows;
6.2.1 in relation to claims relating to bank/credit/loan charges, or PPI’s, all service charges and other fees or charges due to the company under the contract shall be paid by the client within 14 days of invoice by the company for such later date as agreed by the company in writing;
6.3 Where an offer for compensation is received by the company on behalf of the client from the third party which in the reasonable opinion of the company is fair and reasonable having to the relevant timescale and such offer is rejected by the client then the company 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 would accepted in line with any advice offered by the company.
6.4 The client agrees to pay to the company the service charge and is deemed to have irrevocably accepted an offer of compensation where such offer is in the reasonable opinion of the company fair and reasonable and has sent to the client and the client has not within 14 days of receiving such offer either returned to the company, the third party’s acceptance form or a letter rejecting the third party’s offer.
7. Liability
The company undertakes to provide the services with reasonable skill, care and diligence. The company makes no further warranties, representations or promises unless specifically provided for in writing in the contract. In relation to the contract the company’s liability shall be limited to the value of the client’s claim in respect of all loss or damage suffered by the client which results as a foreseeable consequence of the contract. In the event that such loss or damage results in the death or personal injury of the client by virtue of the company’s negligence or fraud then the company’s liability shall not be limited. Our company shall in no way be liable for the actions of a solicitor where the client has entered into agreement with the solicitor, regardless of whether the agreement was initiated following a direct or indirect introduction by our company.
8. Legal Proceedings and Litigation
8.1 The company shall have the right to commence legal proceeding on the client’s behalf to pursue a claim for compensation and the client herby agrees that he will:
8.1.1 comply without delay with all reasonable request of the company and/or any legal representative appointed by the company
8.1.2 Permit the company to have conduct of the claim and to pursue the claim in such manner as the company thinks fit and in the best interest of the client;
8.1.3 disclose in accordance with clause 4.1 above such information as requested by the company and/or any legal representative;
8.1.4 authorise any legal representative appointed by the company to pay the service charges and other fees or charges due by the client to the company directly to the company from any compensation recovered by the legal representative from the third party.
9. Legal Expenses
The company agrees that it will be responsible for all legal fees with the exception of the following:
9.1 Where the client misleads the company and/or any legal representative appointed by the company or where any information provided by the client contains material omissions or inaccuracies which would if not omitted and/or included would have resulted in the company or legal representative declining to accept the client’s instructions;
9.2 The client terminates the contract during the course of such legal proceedings;
9.3 The client is, in the reasonable opinion of the company, in breach of his obligation under the contract;
9.4 The client agrees that the company shall be reimbursed all legal expenses in connection with the claim or any claim on which the company is instructed in the event that such legal expenses are recovered from the third party by the client directly the client undertakes to pay the company the same.
10. Termination
The company shall have the right to terminate the contract at any time by giving written notice to the client where:
10.1 there occurs a material breach of any term of the contract by the client which is not remedied to the company’s satisfaction within 7 days of receiving written notice by the company specifying the breach and requiring it to be remedied;
10.2 the clients has a deputy, attorney or independent mental capacity attorney appointed under the mental health act 1983 and/or mental capacity act 2005 or any re-enactments thereof;
10.4 in the reasonable opinion of the company the client has no reasonable chance of success in respect of the claim.
Where the company terminates the contract in accordance with clause 10.1 all the company’s standard hourly rate for such preparation, processing and administration costs, other fees and charges shall be payable by the client within 14 days of notice of termination being sent to the client.
The clients shall have the right to terminate the contract by giving written notice to the company provided such written notice is received by the company within 14 days of the client signing the contract. Where client terminate the contract after 14 days of it being signed the company reserve the right to charge the client at the company’s standard hourly rate for such preparation, processing and administration costs as may have been incurred by the company up to the point of receipt of the notice to terminate. In the event that such termination notice has been received by the company after the offer of compensation has been received from the third party or if the company believes that it is likely that an offer is going to be made by the third party, then the company reserve the right to charge the client the service charge as if the offer from the third party was accepted.
11. Force Majeure
The company shall not be liable for any acts, events omissions or accidents beyond its reasonable control including without limitation strikes, lock-outs or other industrial disputes (whether involving the workforce of the party so prevented or of any other party), act of God, war, riot, civil commotion, malicious damage, compliance with the law or the government order, rule, regulation or direction, accident, breakdown of plant or machinery or default of supplies or sub-contractors including without limitation any legal representatives appointed by the company in connection with a claim.
12. Confidentiality
Each party to the contract undertakes that it will not share any information with other parties without the company’s knowledge, any information concerning the business or affairs of the party which may have or may in future come to its knowledge.
13. Data Protection
13.1 All personal data in respect of the client is held in accordance with provision of the data protection act.
13.2 The company agrees to correct any inaccuracies in the client’s personal data at the request of the client.
13.3 Unless the company receives written instruction to the contrary from the client the company may share the client’s personal data with the third party, banks, financial advisers, lawyers, service providers, agents or other relevant institutions for the purpose of assisting in the provision of the services and assisting the client in the pursuit of the claim for compensation. Except as provided herein the company will not share the personal data with any other third party.
14. Client Information
Not with standing other provision of the contract the company shall be entitled to charge for all costs incurred in providing services based on incorrect, inaccurate, misleading or omitted information provided by the client.
15. Assignment
The company but not the client may at any time assign, transfer, charge or deal in any other manner with this contract or any of its right under it, or sub-contract any or all of its obligations under it. In addition, the company reserve the right with out notice to the client to introduce the client to any person who in the company’s reasonable opinion may act on their behalf with regard to loan agreements and credit card agreements which may be unenforceable by virtue of failing to comply with the consumer credit act 1974 (as amended) and the client irrevocably authorizes the company to do so on its behalf. There is NO cost to the client for making this introduction.
16. Third Party Rights
Unless expressly provided no term of this contract shall be enforceable under the contracts (Right of third parties) act 1999 by a third party.
17. Entire Agreement
This contract and any documents referred to init between the clients and the company, constitute the entire agreement and understanding of the parties and supersede any previous agreement between the parties relating to the subject matter of this contract.
18. Notices
Any notices or other communication given under this contract shall be in writing and signed by or on behalf of the party giving it, be served by delivering it personally or sending it by pre-paid recorded delivery or registered post (or registered airmail in the case of an address for service outside the United Kingdom). Any such notice shall be deemed to have received:
18.1 if delivered personally, at the time of delivery;
18.2 in the case of pre-paid recorded delivery or registered post, 48 hours from the date of posting; or
18.3 in the case of registered airmail, five days from the date of posting;
Provided that if deemed receipt occurs before 9am on business day the notice shall be deemed to have received at 9am on that day, and if deemed receipt occurs after 5pm on a business day, or on a day which is not a business day, the notice shall be deemed to have been received at 9am on the next business day. For the purpose of this clause, business day means any day which is not a Sunday or a public holiday in the place at or to which the notice is left or sent.
19. Variations
No variation of this contract or of any of the documents referred to in it shall be valid unless it is in writing and signed by or on behalf of each of the parties.
20. Waiver
Any failure by the company to exercise or delay in exercising a right or remedy provided by this contract or by law does not constitute a waiver of the right or remedy or a waiver of other rights or remedies which the company may have.
21. Governing Law and Jurisdiction
21.1 This contract shall be governed by and constructed in accordance with the law of England and Wales;
21.2 The parties to this contract irrevocably agree that, subject as provided below, the courts of England and Wales shall have exclusive jurisdiction over any claim or matter arising under or in connection with this contract or the legal relationships established by this contract and that accordingly any proceedings in respect of any such claim or matter may be brought in such courts. Nothing in this clause shall limit the right of the company to take proceeding against the clients in any other court of competent jurisdiction, nor shall the taking of proceeding in any one or more jurisdictions preclude the taking of proceedings in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.
