1 Definitions
1.1 In these terms and conditions ("Conditions") the following words and phrases mean the following:
Client Agreement means the Client Agreement form provided by Us to You in accordance with Condition 2.5;
Contract means any contract between Us and You for the provision of the Services, including these Conditions and the Client Agreement;
Product means the mortgage, secured loan, motor finance, personal unsecured loan, credit card contract, supplied by the Provider that is the subject of the Services as set out in the Client Agreement;
PPI is an abbreviation for Payment Protection Insurance or a payment cover insurance policy which has been added to any Agreement in any named form excluding GAP insurance and it’s associated products.
Provider means the company or lender that supplied the Product that is the subject of the Services as set out in the Client Agreement;
Agreement means the contract between You and Your Provider
Success Fee means the fees which are payable by You to Us as a result of a Successful Claim against financial products and services.
Services means the claims management services to be provided by Us to You, including but not limited to, the completion and review of the initial Enquiry Form, submission to underwriting to evaluate the potential for a claim, the production of the Client Agreement and the request of appropriate documentation;
Successful Claim means that you receive some form of compensation payment, either by settlement out of court or by an award ordered by the court;
We/Us/Our means Consumer Finance Claims Limited (Company No: 6700847) of Suite 6, Springboard Business Centre, Ellerbeck Way, Stokesley Business Park, Stokesley. TS9 5JZ
You/Your means the person(s) who purchases the Services from Us under the Contract.
1.2 Condition, schedule and paragraph headings shall not affect the interpretation to these Conditions.
1.3 Words in the singular shall include the plural and vice versa.
1.4 A reference to "writing" or "written" includes faxes and e-mail.
2 Application of Conditions
2.1 The Contract shall be on these Conditions to the exclusion of all other terms and conditions (including any terms or conditions which you purport to apply under any purchase order, confirmation or order or other document).
2.2 No variation to these Conditions shall have effect unless expressly agreed in writing and signed by one of Our Directors. You acknowledge that you have not relied on any statement, promise or representation made or given by or on Our behalf which is not set out in the Contract. Nothing in this Condition shall exclude or limit Our liability for fraudulent misrepresentation.
2.3 We will complete an Enquiry Form based on information provided by You to Us. We will then carry out underwriting to assess the chance of a Successful Claim based on the information provided.
2.4 We will inform You of the outcome from the underwriting process. If We inform You that there is a possible or a good chance of a Successful Claim, You will confirm to Us whether or not You want Us to proceed.
2.4.1 If you do want to proceed, We will provide a Client Agreement; Letter of Authority and Sections 77 & 78 form to You for signature.
2.5 Your signature of the Client Agreement constitutes Your acceptance of Our offer to provide the Services to You, at which point the Contract will be formed, subject to these Conditions.
2.6 You are advised that any complaint against Your Provider(s) can be pursued through the Financial Ombudsmen Service at no cost to yourself.
3 Fees and payment
3.1 You will not be required to make any further payments to Us under the Contract other than Success Fees.
3.2 Success Fees that become payable by You will be recovered from any returned payments and interests that are paid by your Provider to Us or Our Appointed Solicitor.
3.2.1 Success Fees that become payable upon balances been cleared or reduced will be paid by You in accordance with payment terms agreed with Us when due.
3.3 In respect of claims in relation to mis-sold PPI a Success Fee of 20% including VAT of the total Successful Claim value will be payable by You.
3.3.1 The total Successful Claim value will include returned payments and interests combined with any reduced balances.
4 Cancellation and Refunds
4.1 Cancellation by You:
4.1.1 You may cancel the Contract at any time by writing to Us.
4.1.2 If a cancellation is made by you a £50 administration fee will apply for each Agreement submitted.
4.2 Cancellation by Us:
4.2.1 We may cancel the Contract at any time if We uncover information during the provision of the Services which results in Us advising You that in Our opinion there is not a good chance of a Successful Claim.
4.2.2 We may cancel the Contract at any time if We reasonably believe that any information which You have provided to Us is fundamentally wrong or represents fraudulent activity.
5 Provision of the Services
5.1 We will request all the relevant documents in relation to the Product or the Agreement from the Provider.
5.2 From the point the Provider considers it has all relevant paperwork (including the Letter of Authority) it may, due to incomplete documentation being returned by the Provider, take up to six (6) months before all the relevant documents from the Provider are received.
5.3 Once We have received all the relevant documents in relation to the Product from the Provider, We will carry out a full assessment of the documentation.
5.4 If in Our opinion at this stage there is not a good chance of a Successful Claim, We reserve that right to cancel the Contract pursuant to Condition 4.2.1.
5.5 If in Our opinion at this stage there is a good chance of a Successful Claim which exceeds £5,000 (Five thousand pounds) We may refer the documents to a firm of solicitors in order for the claim process to begin.
5.6 If in Our opinion there is a good chance of a Successful Claim which does not exceed £5,000 (Five thousand pounds) then relevant proceedings will be processed by Us.
5.7 Time for performance of the Services shall not be of the essence.
5.8 The Service shall be provided by Us using reasonable skill and care, in accordance with the standards of the Ministry of Justice in respect of regulated claims management activities.
6 Your obligations
6.1 You shall:
6.1.1 co-operate with Us in all matters relating to the Services;
6.1.2 Provide Us with such information as We may reasonably request from time to time in order to carry out the Services in a timely manner; and
6.1.3 Ensure that all information provided to Us is accurate and does not contain any material omissions.
7 Liability
7.1 Nothing in these Conditions excludes or limits Our liability for death or personal injury caused by Our negligence, for fraud or fraudulent misrepresentation or any other liability that cannot be restricted by law.
7.2 Subject to Condition 7.1. Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise, arising in connection with the performance or contemplated performance of the Services shall be limited to the Audit Fees paid by You for the Services provided.
7.3 You acknowledge that We can only process cases that have been approved in principle and cannot guarantee the success of any claim.
7.4 You acknowledge that Our acceptance or non-acceptance of a case is not and shall not be constructed as the provision of legal advice.
8 Use of Your information
8.1 You consent to Us passing on Your personal details to the Provider as We deem necessary whilst providing the Services.
8.2 If You want to know exactly what personal information We hold on You, You can obtain it. If it transpires that the information held is inaccurate, We will make the necessary amendments and confirm to You that have been made.
8.3 To obtain a copy of the personal information held by Us, please write to the Data Protection Officer at Consumer Finance Claims Ltd, Suite 6, Springboard Business Centre, Ellerbeck Way, Stokesley Business Park, Stokesley. TS9 5JZ
8.4 Please note that a small fee will be payable.
8.5 We may send You updates and information in relation to Us and Our products and services, and other companies products and services. We may also transfer your information to other companies for the promotion of products and services. You have the right to ask Us not to use Your information for such purposes and You can exercise Your right to prevent this indicating this when We collect the information. You can also exercise this right at any time by contacting Us in writing.
9 General
9.1 We shall not be liable for failure to comply with Our obligations under the Contract due to an event which is beyond Our reasonable control, including but not limited to, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, failure of a utility service or transport network, compliance with any law or governmental order, rule regulation or direction, accident, breakdown of plant or machinery, labour and power shortages, fire, explosion, flood, storm, epidemic, malicious damage, lock-outs, strikes or other labour disputes, default of suppliers or sub-contractors, or restraints or delays affecting carriers.
9.2 Any notice to be given under the Contract by either party to the other may be served by personal service or by post to the address of the other party given in the Client Agreement.
9.3 Any notice served under Condition 9.2 shall be deemed to have been served:
9.3.1 If delivered by hand, at the time of delivery; or
9.3.2 If posted, forty eight (48) hours after the envelope containing the same shall have been put in the post.
9.4 Each right or remedy of Ours under the Contract is without prejudice to any other right or remedy of Ours whether under the Contract or not.
9.5 If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to that extent be deemed severable and the remaining provisions of the Contract and the remainder of the provision shall continue in full force and effect.
9.6 Failure or delay by Us in enforcing or partially enforcing any provision of the Contract will not be waiver of any of our rights under the Contract.
9.7 Any waiver by Us of any breach of, or default under any provision of the Contract by You will not be deemed a waiver of any subsequent breach or default.
9.8 The parties do not intend that any term of the Agreement shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
9.9 These Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.