1. Definitions:
The following definitions shall apply in this Agreement, unless the context requires otherwise, the following words shall have the meanings set out against them ‘client’ means the client of the company ‘compensation’ means all monies that are recovered by the company and or the company-appointed solicitor, from the third party including but not limited to write-off of debt, distress compensation, shortfall compensation and all related damages agreed or awarded either based on the original offer made by the third party or if such offer is revised after an appeal, revised figure if it is higher than the original offer, payments in reduction of the client’s mortgage or loan payments in respect of distress or inconvenience, recoverable premiums and any other recoverable monies paid to the client by the third party including interest.
1.1 Client:
The term ‘client’ refers to the client of Financial Claim Solutions Limited.
1.2 Compensation:
‘Compensation’ denotes all monies recovered by the company and/or its appointed solicitor from the third party. This includes, but is not limited to, the write-off of debt, distress compensation, shortfall compensation, related damages, and other recoverable monies paid to the client by the third party.
1.3 Company:
The term ‘company’ refers to Financial Claim Solutions Limited.
1.4 Agreement:
‘Agreement’ signifies a signed letter of engagement between the client and the company relating to the supply of services, incorporating these terms and conditions.
1.5 Services:
‘Services’ encompasses all or any of the services specified within the agreement.
1.6 Third Party:
‘Third Party’ refers to any person, firm, or company that provided a loan, mortgage, or insurance policy subject to this claim.
1.7 VAT:
‘VAT’ denotes value-added tax at the prevailing rate.
1.8 Insurance:
‘Insurance’ refers to an after-the-event insurance policy taken out to cover the client against insurable losses in case of the failure of this action.
The agreement shall commence on the date the client’s signed agreement is received by the company and shall continue until:
– 2.1 Compensation is recovered for the client, and service charges are paid.
– 2.2 The company advises the client in writing that it is unable to recover compensation.
– 2.3 The company exercises its right not to pursue a claim for compensation, without prejudice to any client rights to make a claim.
The company agrees with the client:
– 3.1 To use reasonable endeavors to pursue compensation from the third party.
– 3.2 To notify the client promptly if it decides not to pursue an application for compensation.
– 3.3 To keep the client informed of the progress of the claim.
– 3.4 Not to seek service charge recovery if the application for compensation proves unsuccessful.
– 3.5 To act in the best interests of the client at all times.
– 3.6 To ensure an after-the-event insurance policy is in force for the client’s protection.
– 3.7 To request re-examination of historic accounts by the credit provider/insurance company/agent.
– 3.8 To refer complaints to the appropriate regulatory body or panel solicitor.
– 3.9 In the event that subsequent investigation of the client’s financial agreement(s) the company undertakes to investigate all potential claims in line with these terms and conditions. For the avoidance of doubt, the client’s instruction to the company to investigate potential mis-selling of PPI or other mis-selling claim types extends to all historic credit agreements whether currently in force or terminated.
– 4.1 Service charges are outlined in the agreement.
– 4.2 Charges are subject to VAT, and any changes in taxation will be reflected in the charges.
– 4.3 Current service charge depends on the claim type and legal body; clients will be notified before claim progression.
The client agrees to:
– 5.1 Provide information as requested by the company promptly.
– 5.2 Ensure all information sent is accurate and not misleading.
– 5.3 Authorize the company to act on its behalf to contact third parties.
– 5.4 Authorize negotiation on the merits of the claim.
– 5.5 Accept terms and conditions as binding, responsible for any breach.
– 5.6 Not appoint another entity to provide services.
– 5.7 Not contact the third party without permission.
– 5.8 Not pursue the claim personally or via alternative means.
– 5.9 Immediately share any correspondence related to the claim.
– 5.10 Promptly notify the company of the full names of all joint applicants for the mortgages, loans, and policy holders that are parties to this claim.
– 6.1 The client assigns compensation rights to the company.
– 6.2 The company pays the client the compensation amount less service charges.
– 6.3 The company may charge a fee if a fair offer is rejected by the client.
– 6.4 The client pays service charges if compensation is paid directly.
– 7.1 The company shall not be liable for any loss, damage, or expense arising from any delay in the performance of any services caused by circumstances beyond our control, nor shall any such delay entitle the client to repudiate the agreement.
– 8.1 We will provide our services with reasonable skill and care.
– 8.2 The liability of the company to the client in agreement, tort (including negligence for breach of statutory duty) or otherwise howsoever under or in connection with the agreement shall be limited: For death or personal injury resulting from the company’s negligence, no limit shall apply.
– 8.3 We are not liable for any loss or damage arising from our breach of this agreement except where such losses could have been reasonably foreseen by you and us at the time of entering the agreement. We are not liable for indirect losses which could happen as a side effect of the main loss or damage which are not foreseeable by you and us.
– 9.1 You may cancel your agreement with us at any time via verbal statement, email, or in writing. A copy of our cancellation letter has been provided in our claims pack.
– 9.2 Within 14 days. If you cancel your agreement within fourteen (14) calendar days of signing the agreement for any reason, you will not be charged.
– 9.3 After 14 days. If you wish to cancel your agreement with us after fourteen (14) calendar days, we will examine your file and assess the level of work that has been carried out. We will issue you with an invoice for a sum that we deem to be reasonable for the work completed.
– 10.1 The company shall not be liable for any delay or other failure to perform any services by reason of any cause whatsoever beyond its reasonable control and the time for performance shall be extended by the period of any such delay.
– 11.1 The subject matter of the agreement and any information acquired by either the company and the client pursuant to the agreement is confidential and save in accordance with the company’s privacy policy which can be viewed online at www.financialclaimsolutions.com, neither the company nor the client shall, without prior written consent of the other party make any use or disclosure thereof except for the purposes of the agreement save to the extent such information is or becomes publicly available otherwise than in breach of the foregoing obligation
– 12.1 We collect information about
you to process your claim, manage your case, and to contact you by email, phone, letter, and SMS about Financial Claim Solutions Limited other products and services that we think may be of interest to you.
– 12.2 We share your personal information with financial institutions, named financial partners, ombudsman services and third-party suppliers to administer your case. We will only do this once we have informed you and you have given express consent to do so.
– 12.3 As “data controllers”, we use third-party suppliers (“data processors”) to administer your account such as printing documents or sending text messages. They do not have access to your data nor do they keep any data once the service has been provided.
– 12.4 You have the right to request a copy of the information that we hold about you. If you would like a copy of some or all of your personal information, please email info@financialclaimsolutions.com or write to us at: Controller, Financial Claim Solutions Limited, 76 King Street, Manchester, M2 4NH.
– 12.5 You have the right to request that we erase the personally identifiable information that we hold about you (“Right to be forgotten”). If you would like to request this, please write to us at the address above.
– 12.6 For further information on how your information is used and how we store your data, view our privacy policy online at www.financialclaimsolutions.com.
– 13.1 If you provide us with misleading information, we may agree to pursue your claim when otherwise we would not have. If we later discover that you have provided us with misleading information then this agreement will come to an end, and you will be liable to pay the reasonable cost of work undertaken on your behalf.
– 14.1 The company Complaints procedure is supplied as an annexe to the Terms and Conditions and is amended from time to time in line with the requirements of legislation, the copy supplied to the client at the date of this agreement shall be deemed to be the procedure that will be in force for the duration of the agreement, unless both the client and the company agree in writing that an alternative version should replace the procedure then in force, in such instances the new agreement will come into force from the date of the agreement to replace the procedure and will remain in force for the duration of the agreement, unless superseded by a further agreement under the same terms. Both the Company and the Client agree to be bound by the terms of the Complaints Procedure.
– 14.2 in the event of our not being able to resolve your issue you have the ability to refer the complaint to the Legal Ombudsman, PO Box 6806, Wolverhampton, WV1 9WG. Tel: 0300 555 0333, cmc@legalombudsman.org.uk/cmc (lines are open Mon – Fri 09.00 – 17.00). For more information, please refer to our complaints procedure enclosed in your claim pack and on our website.
– 15.1 The company and any person to whom the company assigns the agreement and the client shall acquire enforceable rights under or in connection with the agreement. Subject to the foregoing, a person who is not a party to this agreement will have no rights pursuant to the Agreements (Rights of Third Parties) Act 1999 to enforce the agreement.
– 16.1 We intend to rely upon the written terms set out in this agreement. Should we have a subsequent dispute about what we have agreed the law will give preference to written terms over terms agreed by word of mouth. Therefore, if you require any changes to be made to the terms contained in this agreement, please make sure that you ask for these to be put in writing.
– 17.1 Any notice to be given in accordance with the agreement and these terms and conditions must be in writing.
– 18.1 If any provision of this agreement is held by any court or other competent authority to be void or unenforceable in whole or part, the other provisions of the agreement and the remainder of the affected provisions shall continue to be valid.
– 19.1 No variation to these conditions shall be binding unless agreed in writing between the company and the client.
– 20.1 The law applicable to this agreement shall be English law and the parties consent to the jurisdiction of the English and Welsh courts in all matters affecting this agreement.
– 21.1 No failure or delay in exercising any of the company’s rights shall constitute a waiver of the same or any other of its rights.
– 22.1 Headings are included in this agreement for ease of reference only and shall not affect interpretation or construction.