Terms of business
In this Agreement it is agreed as follows:-
1. The following words shall have the following meanings: "Company" - Professional Personal Claims Ltd of 4 Old Park Lane, London. "Client" - The individual or individuals who sign this agreement. "Product" - All Insurance Policies, Protection Policies, Investments, Annuities, Pensions, Charges, Payments made, Credit Agreements, Mortgages, Accounts and other contracts held and services provided to the Client. "Responsible Party" - A Lender, a subsidiary, an Arranger, an Insurer, the Financial Ombudsman Scheme or the Financial Services Compensation Scheme. "Compensation" - The total value of: compensation, refund, payment, reduction in debt, early receipt of funds and other financial benefit awarded to the Client. “Reasonable Compensation Award” - an award of Compensation calculated in accordance with: Financial Conduct Authority, Financial Ombudsman Service or Financial Services Compensation Scheme guidelines. “Service” - The investigation into the circumstances surrounding the acquisition of the Product and/or the submission of a Compensation Claim or Complaint to the Responsible Party by the Company on behalf of the Client. “Success Fee” - Payment by the Client to the Company of a fee in recognition of the Company’s provision of the Service.
2. The Client requests the Company provides the Service. If the Company completes providing the Service but the Client is not awarded Compensation, the Client will not pay the Company a Success Fee.
3. If the Company commences or completes providing the Service and the Client is awarded Compensation, the Client will pay the Company a Success Fee. This Success Fee will be calculated at a rate of twenty per cent of the Net total value of Compensation awarded. Value added tax (vat) is payable on Success Fees.
4. The Client will pay the Company the Success Fee within seven days of receiving payment of Compensation or if sooner within thirty days of receiving notification they have been awarded a Reasonable Compensation Award.
5. The Company will be the sole provider of the Service to the Client. Clients will be jointly and severally liable to pay Company fees by Bank transfer or cheque.
6. If the Client is in arrears, a formal debt plan such as an IVA or Bankruptcy, it is likely they will not receive the full amount or any compensation awarded to them. However, the Success Fee charged by the Company to the Client will not exceed the total Net Compensation payment received by the Client.
7. Examples of Success Fees payable to the Company by the Client: (a) The Client receives a compensation payment of one thousand pounds, the Company will charge a Success Fee of two hundred pounds and forty pounds inclusive of VAT. (b) The Client receives a compensation payment of three thousand pounds, the Company will charge a Success Fee of seven hundred and twenty pounds inclusive of VAT. (c) The Client receives a compensation payment of ten thousand pounds, the Company will charge a Success Fee of two thousand four hundred pounds inclusive of VAT. These examples do not indicate the amount compensation that may be awarded to the Client.
8. The Company has no connection or affiliation with the Responsible Party or any other: Broker, Bank, Building Society, Cooperative or Financial Institution.
9. The Client undertakes to provide the Company with all documentation or other information held relating to the Compensation claim and to provide all information reasonably requested by the Company.
10. The Client or the Company may interpret the others failure to fulfil their obligations under this Agreement as that parties’ cancellation of this Agreement.
11. This Agreement may be cancelled at any time by the Client clearly notifying the Company. If the Client cancels this Agreement within fourteen days, no fee will be payable by the Client. If the Client cancels this Agreement after fourteen days, but before the Service is provided the Client will pay the Company for the work it has conducted calculated at an hourly rate of one hundred pounds plus vat. If the Client cancels this Agreement after the Service has been provided, the Client will pay the Company the lower of five thousand pounds plus vat for each Compensation claim made or the appropriate Success Fee plus vat.
12. The Company will communicate with the Client to inform them of the progress of their claim by email, telephone or letter confirming: receipt of their claim, information required to progress the claim, significant changes to the claims status and the outcome of the claim or contact the Client at least every five months. The Company cannot warrant the Service will result in Compensation being awarded, the value of any Compensation or the time required to provide the Service.
13. If the Client fails to pay monies to the Company when due, they will pay the Company: reasonable fees for the work involved seeking to recover the monies (not exceeding five hundred pounds), interest calculated at twelve per cent per annum and may be required to pay legal expenses incurred by the Company.
14. The Client and the Company shall not be liable for damages or delays caused by events beyond their control. If the Product is cancelled as a result of the Service the Client will be responsible to consider replacing the Product.
15. Professional Personal Claims Ltd are authorised and regulated by the Financial Conduct Authority, FCA FRN Interim Permission Number: 835856 and licenced by the Information Commissioners Office for compliance with the Data Protection Act and the General Data Protection Regulation registration number Z2191194.
16. The Client can complain to Professional Personal Claims Ltd, 34 Clarence Street, SS1 1BD, 0207 046 6300, firstname.lastname@example.org. If we are unable to resolve your complaint in eight weeks you can refer your complaint to the Financial Ombudsman Service, 0800 023 4567, www.financial-ombudsman.org.uk free of charge but you must do so within six months of the date of the Company’s final response or the Ombudsman will not have our permission to consider your complaint and will only be able to do so in very limited circumstances.
17. The Client and Company may assign the benefits arising from this agreement if such assignment not prejudicing the other parties’ rights.
18. The Client and the Company agree the other party may process data, share data and retain records as are required: to complete or ensure the completion of the obligations within this agreement, by regulators and the Law. If one or more of the conditions of this Agreement become unenforceable, this shall have no effect on the enforceability of any other conditions. This Agreement shall be governed by the jurisdiction of English Law.
19. The Client is advised to seek independent legal advice before entering into this Agreement and they do not have to use a claims management Company to claim compensation, they can make their own claims, use the Financial Ombudsman Service or Financial Services Compensation Scheme free of charge.
20. By sending and acknowledging receipt of this Agreement the Company agrees to be bound by its terms. By signing and returning this Agreement the Client acknowledges they have read and agree to be bound by its terms.