This Agreement is made between:
Consumer Reclaim, a trading style of Consumer Reclaim Limited, whose registered office is at 207 Knutsford Road, Warrington, Cheshire, WA4 2QL (“Consumer Reclaim”); and
You, the account holder(s), whose name(s) and address(es) are set out overleaf (“You”)
Consumer Reclaim is a Claims Management Company which investigates the circumstances, merits and foundation of claims in relation to financial products or services with a view to using the results in pursuing such claims. You wish to engage Consumer Reclaim to investigate and pursue any Claims You have in relation to any financial products and services that have been recommended or supplied to You. This Agreement sets out the terms and conditions upon which You engage Consumer Reclaim.
In this Agreement, including the Recitals, the following terms shall have the following meanings:
“Claim” means any claim against a Third Party in relation to financial products or services they have recommended or supplied to You, including but not limited to any claim arising from: the mis-selling of Payment Protection Insurance (“PPI claim”); the mis-selling of Packaged Bank Accounts (“PBA claim”); an unfair relationship pursuant to section 140A of the Consumer Credit Act 1974 (“Unfair Relationship claim”); and the payment and/or receipt of undisclosed commission (“Secret Commission claim”).
“Compensation” means any compensatory credit, deposit or payment recovered from a Third Party in full and final settlement of a Claim, which may take the form of a cash payment or a reduction of the amount outstanding, future repayments, or arrears in a form of credit.
“Fees” means Consumer Reclaim’s fees for supplying the Services to You, which You will paid, whether directly or indirectly, from any Compensation recovered in a Claim. These Fees are: 25% of any Compensation recovered from a Third Party in each PPI claim; 30% of any Compensation recovered from a Third Party in each PBA claim; 40% of any Compensation recovered from a Third Party in each Unfair Relationship claim and/or Secret Commission claim, together with Value Added Tax (V.A.T.) thereon at the appropriate rate. For the avoidance of doubt, these Fees are charged on a ‘no win, no fee’ basis so, subject to clauses 2.8, 8.1 and 8.2, if no Compensation is recovered in a Claim, there will be no Fees for that Claim.
“Invoice” means Consumer Reclaim’s invoice in respect of the Fees, which will be sent to You after Compensation has been recovered in a Claim or, alternatively, in respect of Consumer Reclaim’s reasonable expenses of pursuing the Claim, which will be sent to You after any settlement or termination under clauses 2.8, 8.1 or 8.2.
“Letter of Authority” means the letter of authority included in the claim pack to be completed and signed by You and sent by Consumer Reclaim to the Third Party named therein, which authorises the Third Party to correspond and negotiate with Consumer Reclaim in relation to a Claim;
“Panel Solicitor” means any firm of Solicitors chosen by Consumer Reclaim to whom You may be referred in the event that court proceedings against a Third Party are required to progress a Claim.
“Services” means the services that Consumer Reclaim will supply to You, which consist of: investigating whether You have any Claim against a Third Party; advising you in relation to a Claim; representing You in bringing a Claim against the Third Party; negotiating with the Third Party in order to obtain an offer of Compensation in full and final settlement of a Claim; if Consumer Reclaim and You agree that it is appropriate, submitting a Claim to the Financial Ombudsman Service for determination (at no extra cost); and, if required, referring You to a Panel Solicitor so they can progress a Claim via court proceedings against the Third Party. For the avoidance of doubt, the Services do not include the conduct of litigation by Consumer Reclaim.
“Third Party” means the financial institution and/or individual to whom a Letter of Authority is addressed, being the insurance company, bank, building society, finance house, credit card company, car finance company, financial adviser, financial intermediary/broker or other entity that recommended or supplied the financial products and services to You, including any directors, employees, agents, representatives or associates of the entities, together with any predecessor or successor entity in connection with the financial products or services recommended or supplied to You.
Words in the singular shall include the plural and vice versa.
Headings are for convenience only and shall be ignored in interpreting this Agreement.
TERMS OF ENGAGEMENT
2.1 The Parties agree to be bound by these Terms and Conditions.
2.2 You engage Consumer Reclaim to supply the Services and Consumer Reclaim agrees to supply the Services to You for such period as is required to recover Compensation from a Third Party in full and final settlement of a Claim.
2.3 You agree to sign and return a Letter of Authority authorising a Third Party to correspond and negotiate with Consumer Reclaim in relation to a Claim.
2.4 You agree to pay the Fees in respect of the Services within 14 days of the date of the Invoice.
2.5 If the Compensation consists of a cash payment You agree to pay the Fees directly from the Compensation recovered. If the Compensation consists of a reduction of the amount outstanding, future repayments, or arrears in a form of credit You agree to pay the Fees indirectly from Your own funds whilst taking the full benefit of the reduction.
2.6 If You fail to pay the Fees within 14 days of the date of the Invoice then You agree to pay statutory interest on the outstanding balance from the date when the Fees became due for payment until the date when You pay, or agree terms to pay. If the agreed terms are subsequently broken by You such interest will again accrue from the date when You broke the agreed terms until the date when You pay, or agree further terms to pay.
2.7 If any Fees and/or statutory interest remain unpaid by You and You have failed to agree terms to pay them for a period of 28 days after the date of the Invoice then You agree to pay any legal costs Consumer Reclaim incurs in recovering the Fees and/or statutory interest from You, including but not limited to: solicitors’ fees, court fees, enforcement fees and Consumer Reclaim’s administration fees calculated at a rate of £100.00 per hour (charged in units of 1/10 of an hour) plus V.A.T.
2.8 In the event that a Claim commenced by Consumer Reclaim is settled by You and a Third Party direct (without Consumer Reclaim’s involvement) You agree to pay the Fees unless You can clearly demonstrate that the Compensation could not have been recovered by Consumer Reclaim or the Panel Solicitors, in which case You agree to pay Consumer Reclaim’s reasonable expenses of pursuing the Claim up to the date on which Consumer Reclaim is notified of the settlement, calculated at a rate of £100.00 per hour (charged in units of 1/10 of an hour) plus V.A.T and disbursements, within 14 days of the date of the Invoice.
2.9 You are aware that You may either complain directly to the Third Party at no cost, with the ability to refer Your complaint to the Financial Ombudsman Service in the event that the complaint is not upheld by the Third Party, or else use another Claims Management Company to pursue the Claim. You have nevertheless chosen to engage Consumer Reclaim to pursue the Claim for You. You have 14 days from the date You signed these Terms and Conditions to cancel this engagement. If You choose to do so within this cooling off period there will be no Fees.
- Give Consumer Reclaim Your consent and full authority to deal with the Third Party on Your behalf and to obtain relevant information from whatever source on a continuing basis in connection with the Claim;
- Will deal promptly with every reasonable request by Consumer Reclaim for authority and information and will promptly provide any documents and further instructions that Consumer Reclaim may from time to time require;
- Give Consumer Reclaim the right to deal exclusively with the Claim unless otherwise agreed in writing by You and Consumer Reclaim.
CONSUMER RECLAIM’S DUTIES
4.1 Consumer Reclaim will:
- Rely on the information and documents provided by You as being true, accurate and complete and will not audit, test or check such information or documents except where under a legal obligation to do so;
- Use all reasonable endeavors to successfully complete the Claim and to obtain the maximum Compensation in respect of the Claim;
- Have no liability to You for any loss to the extent that it arises as a result of the information provided by You being inaccurate or incomplete;
- Promptly notify You if the Claim is not to be pursued or is to be discontinued;
- Promptly notify You of the outcome of the Claim;
- Preserve confidentiality of Your personal information (even after termination of this Agreement), save as expressly or implicitly authorised to the contrary by You, including where disclosure of such personal information is made at Your request or with Your consent for the purposes of pursuing the Claim or where otherwise required by
- Consumer Reclaim shall not be liable for any delay or failure to perform any part of the Services as a result of any factor beyond its control.
6.1 Consumer Reclaim’s aim is to handle the Claim fairly, consistently and as quickly as practically possible, in particular ensuring that we have understood the nature of Your concerns and the type of redress that You are seeking. However, if You have any complaint You can to contact Consumer Reclaim by letter at Consumer Reclaim, 2nd Floor Station House, Stamford New Road, Altrincham, WA14 1EP; by email at email@example.com; or by telephone on 0800 988 8822.
6.2 Consumer Reclaim will acknowledge Your complaint within 5 business days from receipt of the complaint by letter, email or telephone call.
6.3 Your complaint will be investigated by a senior member of staff and Consumer Reclaim’s office manager. Consumer Reclaim will be as thorough as possible and will aim to resolve the complaint promptly, giving reasons for its decision.
6.4 Consumer Reclaim will endeavour to issue a final response to Your complaint within 4 weeks. If Consumer Reclaim needs further time to investigate the complaint they will advise You in writing but will provide a final response within 8 weeks.
6.5 Consumer Reclaim’s final response will include details of Your options if You are unhappy with the outcome of the investigation. If You remain unhappy, or if Consumer Reclaim has been unable to reach a decision within the timescale You have been given, You can contact the Claims Management Ombudsman, which is a Financial Ombudsman Service, at http://cmc.financialombudsman.org.uk
7.1 Consumer Reclaim may assign this Agreement or any right or obligation of this Agreement, by operation of law or otherwise, without Your prior written consent.
8.1 If this Agreement is terminated by You for any reason after the 14 day cooling off period You must pay Consumer Reclaim’s reasonable expenses of pursuing the Claim up to the date on which Consumer Reclaim is notified of the termination, calculated at a rate of £100.00 per hour (charged in units of 1/10 of an hour) plus V.A.T and disbursements, within 14 days of the date of the Invoice. This Agreement will automatically terminate under this clause if You instruct anyone other than Consumer Reclaim or the Panel Solicitors to pursue a Claim commenced by Consumer Reclaim on Your behalf.
8.2 Consumer Reclaim has the right to terminate this Agreement if You fail to provide instructions that allow Consumer Reclaim to carry out the Services properly; if You are uncooperative; if Consumer Reclaim believes that the relationship with You has irrevocably broken down; or in the event of a conflict of interest. Prior to terminating this Agreement under this clause Consumer Reclaim will write to You not less than twice informing You of the problem and advising You of the consequences. Where this Agreement is terminated on any of these grounds You must pay Consumer Reclaim’s reasonable expenses of pursuing the Claim to the date of termination, calculated at a rate of £100.00 per hour (charged in units of 1/10 of an hour) plus V.A.T and disbursements, within 14 days of the date of the Invoice.
8.3 Upon giving You notice Consumer Reclaim has the right at any time to refuse to pursue or to discontinue the Claim if in its absolute discretion Consumer Reclaim considers that the Claim has no reasonable prospect of success, but Consumer Reclaim must act reasonably in reaching any such decision. Where this Agreement is terminated on this ground there will be no Fees.
9.1 This Agreement shall be subject to the law of England and Wales.