This document sets out the Terms and Conditions of business for appointing Claim for Refunds Limited to act on the client(s) behalf in all aspects of the recovery of damages relating to mis-sold Payment Protection Insurance policies and unlawful charges.
“Agreement” means that you have read and agree to these Claim Terms and the Questions and Answers, that you chose to appoint us to carry out the Services and acknowledge that you have been advised of the alternatives to appointing us to act on your behalf and that you agree to pay us for the Services in the event that we win Your Claim.
“Benefit” means all non-monetary benefits in whatever form including but not limited to all benefits that will arise from any waiver, cancellation, reduction, saving, deduction or rescheduling of any outstanding or future loan or interest payments, credit payments, premiums, charges or other interest or administrative payments or any other saving, inducement, discount or rebate offered in relation to any other products or services offered by the financial company or persons connected to the financial company.
“Claim” means the Customer’s claim or claims against the Financial Company for the mis-selling of Payment Protection Insurance. This includes referring a contested claim to the Financial Ombudsman Service (FOS) and all claims referred to the Financial Services Compensation Scheme (FSCS) or any other independent body.
“Claim Application” means the application form provided in the Claims Pack setting out the circumstances under which the PPI policy was sold.
“Claims Pack” means the combined documentation containing a claim application, the questions and answers, a letter of authority and these claim terms of business.
“Claim Terms” means these Terms & Conditions.
“Commission” means commission payments made or received by your lender in respect of the PPI policy which is related to the PPI premium amount/payments..
“Customer” means the policy holder(s) of the insurance and whose details are shown on the Declaration and Authority.
“Fee” means the fee of 30% (plus VAT) of the total redress payable.
“Financial Company” means the financial institution that sold, arranged or advised on the PPI policy or PBA.
“Free No Obligation PPI Check” Means Claim For Refunds Limited will endeavour to identify whether PPI existed on any Credit Agreement, Loan, Credit Card, Mortgage you have taken out, free of charge.
“Questions and Answers” means the information booklet included in the Claims Pack setting out frequently asked questions and answers (Known as the “FAQ’s Booklet”) in relation to the claims process. By signing your Letter of Authority You acknowledge you have received the FAQ’s booklet.
“Redress” means all gross sums paid or awarded in respect of any claim made by us on your behalf. This includes “benefits”, compensation, gesture of goodwill, refunds, commission payments, discounts, deductions made for taxation paid by the lender on your behalf, any reduction in the 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 Redress.
“Services” means the work which we will undertake on your behalf in respect of your Claim and which is set out more specifically in clause 3.
“Us”, “We” and “Our” means Claim 4 Refunds which is a trading name of Claim For Refunds Limited.
“You” and “Your” means the customer(s).
- The Agreement shall commence on the date we receive these terms and conditions signed by you and, unless terminated earlier as per clause 6 below, will continue until the earlier of:
- Redress is recovered for you by us and you have paid the Fee, or
- We have advised you in writing that in our opinion your Claim is unlikely to succeed and we are declining to act for you.
3. We agree to:
- Review your Claim Application and assess the likelihood of your claim being successful.
- If after we have reviewed your Claim Application, it is our opinion that Your Claim is unlikely to be successful we may decline to act for you. We will notify you of this fact in writing.
- If we accept your Claim Application, we will confirm this to you in writing and prepare and submit your claim to the Financial Company that sold you the PPI policy; we shall instruct the Financial Company to investigate all current and previous, refinanced credit facilities you have or have had with the Financial Company.
- We will liaise with the Financial Company and use reasonable endeavours to pursue your Claim.
- We will notify you promptly of any requests for additional information or documentation that the Financial Company need to investigate your Claim.
- Notify you in writing of any offers of Redress made by the Financial Company.
- Obtain your agreement before accepting or rejecting any offer or Redress.
- Notify you of any circumstances beyond our control which prevent us from performing the services under this contract.
- Endeavour to resolve your Claim within a period of 12 months. However, where this is not possible, we will endeavour to resolve your claim as quickly as circumstances permit.
4. You agree to:
- Appoint us as your exclusive agent to handle this Claim. This means that you cannot handle the Claim yourself or appoint another person or firm to act on your behalf in respect of this Claim, unless you terminate this Agreement with us.
- Provide full authority to us to deal with the Financial Company on your behalf and that any Redress due should be paid to us directly from the Financial Company.
- Provide truthful and accurate information regarding your Claim.
- Provide copies of all documentation that are in your possession and which relate to the Claim.
- Report to us immediately if the Financial Company contact you direct and provide us with any communication you receive direct from the Financial Company. If any direct communication regarding your Claim (including letters, telephone calls and personal conversations with the banks staff members) is entered into with the bank other than by Us, you will report this to Us within 7 days of the communication taking place/being received and will forward all relevant documentation directly to us as soon as possible
- Obtain our agreement before accepting or rejecting any offer or Redress.
- Notify us of any settlement received by the Financial Company immediately upon receipt.
- Respond promptly to requests by us for further information, or documents that may be needed to progress your Claim.
- Return all completed documents to us prior to their submission to the Financial Company and/or FOS and/or the FSCS.
- Pay us a Fee of 30% plus VAT of any Redress due as a result of a successful Claim, regardless of whether the Redress is paid in cash, offset against an outstanding balance.
- Where we have invoiced you for our fee, you will pay the amount due to us within 7 days of the date of the lender making payment and / or offsetting your account with them.
- Full authority to us to charge any outstanding Fee to any credit or debit card for which you have provided us with details in accordance with clause 4(j) of these Claim Terms of Business. You may remove your authorisation that payment can be made using these card details at any time. All credit/debit card payment details are securely handled and stored in a secure encrypted format.
- Provide us with the authority to pursue your claim(s) against the lender(s) relating to the mis-selling of Payment Protection Insurance (PPI) policy/policies, on the account or any related or earlier account that you also held with the Lender.
- Our Fee is 30% plus VAT of the Redress (See Section 1 of the Terms for definition of “Redress”) which we obtain for you as a result of a successful Claim. Our Fee is payable if an reasonable offer is made by your lender which we deem to be fair and reasonable based upon the guidelines of the Financial Conduct Authority, Financial Ombudsman Service or Financial Services Compensation Scheme and which we would, in all circumstances, recommend is accepted by you, including all previous and additional policies you may have or had.
- We will not charge you if the Claim is unsuccessful.
- If the Financial Company does not pay the Redress directly to us, we will send you an invoice for the amount of the Fee.
- Upon receipt of an invoice for the fee, you will pay the amount due to us within 7 days of receiving the redress and/or benefit of Redress from the lender. We reserve the right to charge you interest on all sums which have not been paid by you at the rate of 8% per annum over the base lending rate of Barclays Bank.
- We reserve the right to charge you for any reasonable costs incurred in seeking to recover our Fee from you.
- We reserve the right to charge an outstanding fee to any credit or debit card for which you have provided us with previously and have consented to us using or deduct any fees owing from any Redress received from any Financial Company. You are able to cancel your authority at anytime by contacting us on 0208 090 2822.
- Claim for Refunds Ltd may consider a payment plan for customers who are undeclared bankrupts or in a Individual Voluntary Arrangement (IVA).
- Our Fee is payable when a fair and reasonable offer is made by your lender, regardless of whether the redress is paid in cash, as an offset against an outstanding or existing balance, or paid into an IVA or to a Trustee in Bankruptcy. Our Fee is payable if you do not accept a reasonable offer made by your lender which we deem to be fair and reasonable based upon the guidelines of the Financial Conduct Authority, Financial Ombudsman Service or Financial Services Compensation Scheme and which we would, in all circumstances, recommend is accepted by you.
- We do not charge you a fee for making a Subject Access Request on your behalf.
||You received the full sum in cash
|Cash to you
|Amount paid off the balance
|Our fee 30%+ VAT = 36%
|Remaining balance due to us
- Where we receive Redress directly, we will issue you an invoice for the amount of our Fee, together with any further deduction pursuant to clause 5a), directly from the Redress. We shall forward to you any balance of monies after 28 days of receipt of the Redress.
6. How You Can Cancel This Agreement & Our Authority
- You can change your mind at any time after signing this agreement and cancel both the agreement and our authority
- You have 14 days from the date of us receiving your signed Agreement/Letter Of Authority to cancel Your authority for Us to act on Your behalf without incurring a charge. Cancellations can be sent by post to Claim for Refunds Ltd Suite S1 Sterling House, Langston Road, Loughton, Essex IG10 3TS or by email to firstname.lastname@example.org or by telephone on 0800 822 3455. If you wish to cancel this agreement within 14 days of us receiving your letter of authority you can also complete the model cancellation form contained on our website or by telephoning us, or let us know you wish to cancel by one the methods above, in order to comply with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
- You can cancel our authority and this Agreement at any time. Notice can be given as set out in 6(b).
- If cancellation is made after the initial 14 day period, we reserve the right to charge a reasonable fee to cover the costs incurred by us in performing the services under this contract up to the date of cancellation. Our charges where You cancel are only charged at £50.00 + VAT Per Hour or part thereof
- If at the time of cancellation described in 6b above, we have received an offer of Redress which is reasonable based upon the guidelines of the Financial Conduct Authority and the Financial Ombudsman Service, and which we would, in all circumstances, recommend is accepted by you, we reserve the right to charge the full Fee.
- We do not make a charge to you for a submission we make to your lenders that they may charge us under The Data Protection Act 1998.
7. How We Can Cancel or Change This Agreement
- We can cancel this Agreement by giving you 14 days’ notice in writing if any of the following events occur:
- We believe that due to material changes to circumstances surrounding the claim or regulation changes, the case is unlikely to succeed.
- You are declared bankrupt.
- You enter into an Individual Voluntary Arrangement with your creditors.
- You provide information which you knew to be false or misleading in support of your claim and this information is material to the success of your Claim.
- You withhold information which you knew to be material to the success of your Claim.
- You fail to respond to reasonable requests for information or documents in a timely manner and this prevents us from providing the Services.
- You materially breach a term of the Agreement and you do not correct this breach within 28 days of receiving written notification from us detailing the breach and the action required to resolve the breach.
- You refuse to accept a reasonable offer of Redress which is reasonable based upon the guidelines of the Financial Conduct Authority and the Financial Ombudsman Service, and which we would, in all circumstances, recommend is accepted by you.
- If at the time of cancellation described in 7(a) above, we have received a reasonable offer of Redress which is reasonable based upon the guidelines of the Financial Conduct Authority and the Financial Ombudsman Service, and which we would, in all circumstances, recommend is accepted by you, we reserve the right to charge the full Fee.b) If at the time of cancellation described in 7(a) above, we have received a reasonable offer of Redress which is reasonable based upon the guidelines of the Financial Conduct Authority and the Financial Ombudsman Service, and which we would, in all circumstances, recommend is accepted by you, we reserve the right to charge the full Fee.
- If your case is referred to the Financial ombudsman and is not upheld by them, we reserve the right to not take matters any further and this contract will end.
- Where the claim is rejected by the Financial Company or where any reasonable offer of redress is considered to be less than an amount the company considers fair & reasonable, we shall only refer claims to the Financial Ombudsman Service where we deem this to be appropriate. We reserve the right not to refer the claim to the Financial Ombudsman Service in the event the claim is rejected in the first instance by the lender/financial company, although you have the right to refer the claim to the Financial Ombudsman Service yourself if you decide to.
- This agreement shall apply to each case on which you instruct us to act and cancellation by us of one case shall not prejudice the agreement in respect of any other cases you may have. Should we cease to act on one case, we shall continue to act on all other cases unless we notify you otherwise. Cancellation of one claim does not prejudice our right to invoice for fees in relation to other claims we may be conducting on your behalf.
- We may change the terms of this Agreement from time to time to reflect a change of company policy, the increased cost of providing the service to you, to reflect changes or predicted changes in legislation, taxation or regulation, or as a result of decisions made by the Financial Ombudsman Service. Any change to the terms of this Agreement will be posted to our website at https://www.claim4refunds.com/terms and in writing giving you 30 days notice.
- When we give you notice in accordance with clause 7(f), You may end the agreement within the prescribed 30 days without incurring a charge. You should write to us at Suite S1, Sterling House, Langston Road, Loughton, Essex. IG10 3TS or email: email@example.com or telephone 0800 822 3455.
- If You do not inform us that you want to end our agreement in accordance with 7(g). You will be deemed to have accepted this change and it will take effect in accordance with 7(f).
8. General Conditions About This Agreement
- This Agreement is governed by the laws of England and Wales
- We may transfer our rights and/or obligations under this Agreement by giving You 30 days’ written notice of such transfer.
- You cannot transfer your rights and/or obligations under this Agreement but you can terminate the Agreement in accordance with clause 6 above.
- We accept no liability for any loss arising as a result of the information provided by You being inaccurate or incomplete.
- We accept no liability for loss of profit, loss of business or depletion of goodwill in each case whether direct or indirect excepting any breach on the part of Claim for Refunds Limited, which arise out of connection with this agreement.
9. Personal Details and Data Protection
- We recommend that You read this statement carefully as it defines the personal information We obtain about you and how the information is used. Please be aware that We may record and monitor Your telephone calls to maintain or improve our services
- We can confirm that all personal Information supplied by You will not be passed on to anyone other than:
- As required or permitted by law, court orders or as requested by any government or law enforcement authority
- Any company or entity We may either transfer or subcontract any or all of our obligations to under this agreement
- As set out in clause 9 b) above
- Your right to ‘opt out’. Under the Data Protection Act, all individuals have the right to ‘opt out’ of their data being passed to third parties. If you do not want us to pass your details to associated companies or selected third parties, tick here …….. If you wish to opt out at any stage, you can inform us either; In writing by contacting Claim for Refunds Limited Suite S1 Sterling House, Langston Road, Loughton. Essex IG10 3TS by telephone 0208 502 3780 or by email to firstname.lastname@example.org Your data will then not be passed to associated companies or selected third parties
Claim 4 Refunds is a trading name of Claim for Refunds Limited which is regulated by the Claims Management Regulator in respect of regulated claims management activities. Our authorisation number is CRM18156 which can be checked on the website http://www.gov.uk/moj/cmr.