Terms of Engagement for the appointment of Consumer Claims UK LLP trading as Claims2gain.com to act on the Client’s behalf in all aspects of the administration and negotiation of the claim.
TERMS OF BUSINESS - OUR REFERENCE: 63133
1.1 “Claim(s)” means the Client's claim or claims against the Company relating to the mis-selling of a package bank account or pay day loan; or the application of unlawful charges to the account (s) of the client;
1.2 “Client” means the policyholder/account holder(s), whose details are set out in the Letter of Authority and who have appointed Claims 2 Gain to provide the Services;
1.3 “Company” means the Financial Institution and or persons to whom the Letter of Authority is addressed being the Insurance Company, Bank, Building Society, Credit Card Company or Financial Advisor or any other entity which sold the policy or gave the advice to the Client, or applied the unlawful charges (including for the avoidance of doubt any employee, director, agents, representatives and associates of said entities or any other entity and/or any of their predecessors);
1.4 “Compensation” means any sums paid or awarded in respect of any claim made by us on or on your behalf. This includes “benefits”, redress, gestures of goodwill, refunds, discounts, any reduction in the loan outstanding and/or any interest or capital recovered. Where such an offer exists, then the higher amount shall be used in order to calculate the amount of compensation;
1.5 “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 interest payments, credit payments, premiums, charges or other interest or administrative payments or any other savings, inducement, discount or rebate offered in relation to any other products or services offered by the Company or persons connected to the Company.
1.6 Consumer Claims UK LLP trading as Claims 2 Gain and Claims 2 Gain.com is a limited liability partnership and a claims management company, registered in England and Wales with number OC379404 having its registered office at 1 Smithy Court 2nd Floor, Smithy Brook Road, Wigan, WN3 6PS.
1.7 “Fee” means the fee outlined here: -
Fees are payable to Consumer Claims UK LLP based on the total amount of redress prior to any HMRC deduction for the services carried out by it, as follows:
Packaged Bank Account Claims will be charged at 36% Inclusive of VAT.
Pay Day Loan claims will be charged at 36% Inclusive of VAT.
Our fees are subject to Regulatory Change and will be charged at the prevailing maximum rate.
1.8 “Letter of Authority” means the letter included in the claim pack to be sent to the Company from the Client;
1.9 “Services” means the services provided by Claims 2 Gain including assessing the viability of, preparing, submitting and negotiating your Claim; and
1.10 “Terms” means these terms of engagement.
2. Conduct of Engagement
2.1 by signing and returning the letter of authority, the client hereby appoints Claims 2 Gain to provide the services for such period to allow Claims 2 Gain to assess, and if reasonably possible to complete the claim. As advised under section 5 of our Terms of Business you are entitled to withdraw from this contract at any time.
3. The Client will:
3.1 by completing and signing the letter of authority, you give Claims 2 Gain his/her their consent and authority to deal with the company on the client’s behalf and to obtain relevant information from whatever source until the claim is completed.
3.2 by completing and signing these terms of business you are giving Claims 2 Gain permission to contact you from time to time in relation to alternative products that may be of interest to you. If you do not wish to receive these offers you may opt out by writing to us at Second Floor, 1 Smithy Court, Wigan WN3 6PS stating Opt-Out in your correspondence.
3.3 deal promptly with every reasonable request by Claims 2 Gain for authority, information and documents and further instructions that Claims 2 Gain may from time to time require;
3.4 promptly inform Claims 2 Gain of any relevant matters affecting the Claim;
3.5, Claims 2 Gain will invoice the Client for the Fee which will become due and payable by the Client to Claims 2 Gain within 7 days. If this fee is not paid in full within 28 days of the dated invoice it shall be deemed a termination of the Agreement and will fall under clause 6.1 below;
3.6 give Claims 2 Gain the right to deal exclusively with the Claim. This means that you cannot appoint another person or firm to act on your behalf in respect of this claim, unless you terminate this agreement with us or unless otherwise agreed in writing by the Client and Claims 2 Gain.37
3.7 Not negotiate with the Company or the Financial Ombudsman Service in relation to the claim or accept an offer of redress which is made directly by the Company, by a person acting on the Company’s behalf or the Financial Ombudsman Service, without first discussing the offer with Claims 2 Gain;
3.8 Pay our Fee if we are successful in winning your claim; and
3.9 For the avoidance of doubt not be liable for any charge in respect of the Claim if the Claim is pursued and the Company pays no Compensation.
4. How We Can Cancel or Change This Agreement
4.1 We can cancel this agreement by giving you 14 days’ notice in writing if any of the following events occur:
⦁ You are declared bankrupt or have a bankruptcy petition presented against you;
⦁ You enter into an Individual Voluntary Arrangement with your creditors;
⦁ You do not follow reasonable recommendations made by us:
⦁ 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 fail to respond to reasonable requests for information in a timely manner and this prevents us from providing the services; or
⦁ You breach a term of this agreement and you do not correct this breach within 14 days of receiving written notification from us detailing the action required to resolve the breach.
4.2 Subject to the notice period in clause 6.4 below we may change the terms of this agreement to reflect the increased cost of providing the service to you, to reflect changes or predicted changes in legislation, taxation or regulation or to make a term more easily understandable.
4.3 We will always give you at least 30 days’ written notice of any changes before they take place. If you are not willing to accept the proposed change you will be free to end the agreement and will have no amount to pay under the Agreement.
4.4 If we cancel the agreement in accordance with clause 4.1 above, we reserve the right to charge a fee to cover our reasonable cost for the work undertaken in processing your claim up to the date of cancellation. Our hourly charge is £60 per hour +vat, our fee will not exceed £360.00 + VAT.
5 How You Can Cancel This Agreement
5.1 You have 14 days (which starts from the date you signed the authority) to cancel your authority, instructing us to act on your behalf and you will have nothing to pay under this agreement.
5.2 You may cancel this agreement at any time thereafter by notifying us in writing.
5.3 If you cancel the agreement in accordance with clause 5.2 above, we reserve the right to charge a fee to cover our reasonable costs for the work undertaken in processing your claim up to the date of cancellation. Our hourly charge is £60 per hour +vat, our fee will not exceed £360.00 + VAT.
5.4 If at the time of cancellation described in 5.2 above, we have received confirmation that the claim is to be upheld we reserve the right to charge our full fee.
6. Claims 2 Gain will:
6.1 rely on the information and documents provided by the Client to Claims 2 Gain, as being true, accurate, and complete. Claims 2 Gain will not audit, test or check such information or documents except where it is under a legal obligation to do so:
6.2 use its reasonable endeavours to obtain the maximum Compensation for the Claims which are pursued;
6.3 accept no liability for an unsuccessful Claim or for the amount of Compensation paid to the Client unless such an outcome is caused as a result of negligence, fraud or dishonesty on our part;
6.4 promptly notify the client if the claim is not to be pursued. Claims 2 Gain will also give you their professional opinion to
decide whether or not to proceed with the claim at any time during the
claims process but Claims 2 Gain must act reasonably
when giving advice. If you wish to withdraw please refer to section 5 of
these terms of business.
6.5 promptly notify the Client of the outcome of the Claim;
6.6 As soon as is reasonably practicable following the settlement of a Claim and the payment of Compensation by the Company to the client send the client an invoice setting out Claims 2 gain’s fees; and
6.7 preserve confidentiality, including the Client's personal information (even when this Agreement has terminated and the Client is no longer a client), save as expressly or implicitly authorised to the contrary including where disclosure is made at the Client's request or with the Client's consent in relation to pursuing the Claim or where otherwise required by law.
7. Debt Recovery
7.1 In the event the Company takes steps to recover any outstanding Fees and/or Charges due and unpaid by the Client to the Company, the Client shall pay to the Company the Company's costs (including administrative costs) of taking such steps on those costs and in addition the Client undertakes that it will at all times be responsible for all costs and expenses incurred by the Company, including but not limited to, Court fees, interest and administrative fees in recovering from the Client any Service Charges due and unpaid from the Client to the Company.
7.2 All sums due from the Client which are not paid on the due date (without prejudice to the rights of the Company under the Contract) shall bear interest from day to day at the rate of 2% per annum over the base lending rate of Barclays Bank Plc
8.1 Claims 2 Gain accepts no liability for any loss suffered by the Client by entering into this Agreement and specifically in the event that no Compensation is paid to the Client by the Company unless such loss is suffered as a result of negligence, fraud or dishonesty on our part,
8.2 This agreement is governed by English Law.
8.3 If any part of the Terms of Business shall be held to be invalid or unenforceable, it shall not affect the enforceability of any of the remaining provisions.
8.4 We may transfer our rights under this Agreement by giving you 30 days’ written notice of such transfer. You will be free to reject a transfer of rights by contact us and cancelling your agreement. If you cancel in these circumstances you will have nothing to pay under this agreement.
8.5Claims 2 Gain is a trading style of Consumer Claims UK LLP who are Authorised and Regulated by the Financial Conduct Authority.
8.6 If a claim to which a financial promotion relates is of a sort that may be made by a customer to a statutory ombudsman or statutory compensation scheme, without using the services of Claims 2 Gaim and without incurring a fee, the firm must ensure that the financial promotion contains a prominent statement to the effect that:
it is possible for the customer to present the claim themselves for free, either to the person against whom they wish to complain or to the relevant statutory ombudsman or the statutory compensation scheme