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1.1 |
"Administration Charge"
means such costs incurred in processing, preparation and submission of the
Client"s claim (including without limitation any charges payable to the Third
Party whether under the Data Protection Act 1998 or otherwise in order to
obtain details relating to the Client"s claim for Compensation) incurred by the
Company until the time that the Client"s written notice of termination is
received by the Company. |
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1.2 |
"Benefit"
means all non-monetary benefits in whatever form including without limitation
all benefits that will arise from any waiver, cancellation, reduction, saving,
deduction or rescheduling of any outstanding or future loan or interest
payments, credit repayments, premiums, charges or other interest or
administrative payments (or any offsetting or relief against the same) or any
other saving, inducement, discount or rebate offered in relation to any other
products or services offered by a Third Party or persons connected to the Third
Party. |
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1.3 |
"Client" means the client of the Company. |
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1.4 |
"Compensation" means the
total monies and the full value of Benefits (as defined above) offered by the
Third Party whether as compensation, as a gesture of goodwill or otherwise
arising from any claim made by the Company on behalf of the Client for alleged unreasonable
or erroneous bank or credit card charges and/or an allegedly mis-sold PPI (as
defined below). Where such an offer is revised on appeal, then the higher
amount shall be used in order to calculate the amount of the Compensation. |
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1.5 |
"Company" means Flairford Securities Limited (Company Number: 06576055) trading as conkersclaims™. |
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1.6 |
"Contract" means the contract between the
Company and the Client for the provision of the Services, comprising the signed
letter of engagement and these terms and conditions. |
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1.7 |
"PPI" means a Payment Protection Insurance
policy or similar loan protection scheme including without limitation schemes covering
eventualities such as accident, sickness, redundancy and/or unemployment. |
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1.8 |
"Services" means all or any of the services as specified
in the Contract. |
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1.9 |
"Service Charges" means
the charges payable by the Client set out in the Contract. |
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1.10 |
"Third Party" means any bank,
person firm or company that imposed bank charges on the Client and/or sold or
marketed to the Client a PPI. |
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1.11 |
"VAT" means value added tax at the then prevailing rate. |
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The Contract shall commence on the date on which the
Client"s signed letter of engagement has been received by the Company and
unless terminated earlier as provided below shall continue until: |
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2.1 |
Compensation is
recovered for the Client by the Company and the Service Charges or the
Administration Charges (as applicable) are paid by the Client; or |
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2.2 |
The Company advises the
Client in writing that it is unable to recover Compensation; or |
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2.3 |
The Company exercises
its right not to pursue a claim for Compensation but this is without prejudice
to any rights the Client may have to make a claim. |
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The Company agrees with the Client: |
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3.1 |
That it will use its
reasonable endeavours to pursue an application for Compensation from the Third
Party on behalf of the Client where the Company believes that it is reasonable
to do so, having regard to the merits and the value of the Client"s claim; |
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3.2 |
To notify the Client
promptly and in writing if it decides that it will not pursue an application
for Compensation; |
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3.3 |
To use reasonable
endeavours to keep the Client informed of the progress of the claim; |
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3.4 |
That it will not seek
to recover the Service Charges should the application to the Third Party for
Compensation prove unsuccessful, unless this is due to an act or omission on
the part of the Client; |
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3.5 |
To act in the best interests of the Client at all times; |
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3.6 |
To promptly pay any
Compensation received by the Company to the Client after deducting the Service
Charges; |
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3.7 |
To hold all
Compensation monies received from a third party in a general client account
that is separate from the main bank account of the Company; |
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3.8 |
That the commencement
of legal proceedings to recover Compensation is outside the scope of the
Services unless the Company elects otherwise. |
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The liability for the Client to pay the Service Charges
and any other charges that may be payable by the Client under the Contract is
(where the Client is more than one person) joint and several. This means that
the Company can recover all of such charges from any person who is the Client. |
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5.1 |
In the event the
Company takes steps to recover any Service Charges and/or Administration
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 plus VAT 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. |
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5.2 |
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 4% per annum over the base lending rate of the HSBC Bank plc. |
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The Client agrees with the Company: |
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6.1 |
To provide promptly all
such information as the Company may from time to time reasonably request; |
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6.2 |
To ensure that all
information sent to the Company is true, accurate, not misleading and shall not
contain any relevant omissions; |
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6.3 |
To authorise the
Company to act on its behalf to contact the Third Party or such other persons,
firms or companies as the Company considers necessary to perform the Services
and to authorise the release of any such information as the Company deems
appropriate; |
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6.4 |
To authorise the
Company on an exclusive basis to negotiate on the merits of the Client"s claim; |
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6.5 |
To deal with all
correspondence from the Company promptly, including without limitation to
return to the Company either the Third Party"s acceptance form or a letter
rejecting the Third Party"s offer as soon as reasonably practicable and in any
event within 28 days. |
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6.6 |
To accept these terms
and conditions as binding on the Client and to be responsible to the Company
for any breach by the Client including the payment of the Service Charges
and/or the Administration Charge (as applicable); |
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6.7 |
Not to appoint any
other claims handling company or other person firm or company to provide the
Services during the term of the Contract without the prior written consent of
the Company; |
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6.8 |
Not to pursue the claim
during the term of the Contract personally and not to contact the Financial
Ombudsman Service; |
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6.9 |
Not to contact or
correspond or communicate with the Third Party without the consent of the
Company, as this may prejudice any ongoing negotiations; |
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6.10 |
To immediately copy to
the Company any correspondence it receives from the Third Party; |
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6.11 |
To promptly notify the Company of the full names
of all joint policy holders and any further relevant information that the
Client has in its possession; |
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6.12 |
That it has not previously claimed or received
compensation or an offer of compensation from the Third Party. |
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7.1 |
The Client assigns to
the Company all its rights in the Compensation and authorises the Company to collect on its behalf any Compensation due from the
Third Party. |
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7.2 |
The amount of the
Service Charges payable by the Client to the Company is set out in the signed
letter of engagement relating to the Services. The Client agrees that it is
liable to pay the Service Charges to the Company if the Compensation is paid
directly to the Client by the Third Party and the Company may deduct its
Service Charges and any other fees due to the Company under the Contract from
any Compensation it receives on the Client"s behalf. |
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7.3 |
All Service Charges and
other fees payable by the Client to the Company shall be paid by the Client
within 7 days of the Company"s invoices for such charges or (if stated) by such
later date stated in the Company"s invoices. |
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7.4 |
When an offer for
Compensation is obtained from the Third Party on behalf of the Client which in
the reasonable opinion of the Company is fair and reasonable having regard to
the relevant timescales and that offer is rejected by the Client then the
Company reserves the right to charge a fee equal to the amount of the Service
Charge which would have been payable in the event that the Client accepted that
offer in line with the Company"s advice. |
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7.5 |
The Client agrees to
pay to the Company the Service Charge and is deemed to have irrevocably
accepted an offer of Compensation in cases where an offer of compensation,
which in the reasonable opinion of the Company is fair and reasonable, has been
sent either by the Company or the Third Party to the Client, and the Client has
not within 28 days of receiving such offer either returned to the Company, the
Third Party"s acceptance form or a letter rejecting the Third Party"s offer. |
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The Company will use all reasonable endeavours to perform the Services within a reasonable period from the date of
receipt of the letter of engagement signed by the Client. The Company cannot be held responsible for delays due to circumstances beyond its control,Â
such as delays caused by the Third Party or the Client. Reasonable
delays in performance or delays due to circumstances beyond the Company"s
control shall not entitle the Client to terminate the Contract. Due to logistical
reasons, it is not practicable for the Company to store paper copies of any
bank statements relating to the Client"s claim. The Company uses specialist
third party software to scan and analyse the bank statements and will store them electronically. The  Company will return to the
Client any bank statements supplied by the Client, provided that the Client provides
a written request together with an envelope that is addressed to the Client and
stamped to a sufficient value to cover the cost of returning the statements.
Otherwise, the Company will dispose of the paper copies securely. The accuracy
of the software used to scan and analyse the paper bank statements may on occasion be impaired by the quality and/or condition of the
statements provided to the Company. The Company will use all reasonable
endeavours to minimise any inaccuracies. The Company shall accept liability only for any loss to the
Client caused by such a material inaccuracy up to the amount of any shortfall
in Compensation that arises as a direct result of the inaccuracy (calculated by
multiplying the shortfall in the amount claimed as a result of the inaccuracy
by the percentage of the amount claimed by the Company on behalf of the Client
that is recovered as Compensation), less the Service Charge that would have
been payable on such Compensation. |
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9.1 |
The Company"s liability
in respect of the Services is to provide the same with reasonable skill and
care. The Company does not make any other promises or warranties about the
Services. |
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9.2 |
The liability of the
Company to the Client in contract, tort (including negligence for breach of
statutory duty) or otherwise howsoever under or in connection with the Contract
shall be limited as follows: |
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9.2.1 |
For death or personal injury resulting
from the Company"s negligence or fraud, no limit shall apply: |
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9.2.2 |
For any other loss or
damage, liability is limited to losses that are a foreseeable consequence of
the Company"s breach of contract or tort and shall not exceed the amount at
which the Company (acting reasonably) values the Client"s claim. |
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9.3 |
Any claim by the Client
for compensation for loss caused by the Company"s negligence or breach of
contract must be notified to the Company as soon as practicable after the
damage is discovered. |
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10.1 |
The Company shall have the right to commence
legal proceedings on the Client"s behalf to pursue a claim for Compensation,
subject to the provisions of this Condition 10. |
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10.2 |
Where the Company commences legal proceedings on
the Client"s behalf to pursue a claim for Compensation, the Client agrees to: |
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10.2.1 |
Comply with all reasonable requests of the Company and/or
any legal representative appointed by the Company without undue delay; |
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10.2.2Â |
Permit the Company to
have the conduct of the claim and to pursue the claim in such manner as the
Company in its absolute discretion thinks fit; |
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10.2.3Â |
Disclose all relevant information and documentation as
reasonably requested by the Company and/or its legal representative; |
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10.2.4 |
Instruct any legal representative appointed by the Company
to provide all information relating to the claim to the Company, at the
Company"s request; |
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10.2.5 |
Authorise any legal representative appointed by the
Company to pay the Service Charges directly to the Company from any Compensation
recovered by the legal representative; |
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10.2.6 |
To pay the Service Charges to the Company if the
Compensation is paid directly to the Client. |
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10.3 |
The Company agrees to be
responsible for the costs of any legal proceedings that the Company commences
on the Client"s behalf, except that the Client shall be responsible for such
costs in any of the following circumstances: |
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10.3.1 |
The Client misleads the
Company and/or any legal representative appointed by the Company in any way or
any information provided by the Client contains material omissions which would
(if not omitted) have resulted in the legal representative and/or the Company
declining to accept the Client"s instructions; |
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10.3.2 |
The Client terminates the
Contract during the course of the proceedings; |
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10.3.3 |
The Client fails to provide the Company and/or
the legal representative with information (including without limitation witness
statements) within a reasonable time from the time that such information is
requested; |
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10.3.4 |
The Client fails to remedy a breach of its
obligations under the Contract within 7 days of a notice from the Company
requiring the Client to do so. |
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11.1 |
The Company shall have
the right by giving written notice to the Client at any time to immediately
terminate the Contract if: |
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11.1.1 |
there occurs any material
breach by the Client of any term of the Contract which is irremediable or if
remediable is not remedied to the Company"s satisfaction within 15 days of a
written notice by the Company specifying the breach and requiring it to be
remedied; or |
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11.1.2 |
the Client is
adjudicated bankrupt, enters into a voluntary arrangement with its creditors or has a receiver appointed under the Mental Health Act 1983; or |
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11.1.3 |
the Client does not
follow any reasonable recommendations of the Company. |
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11.2 |
The Client shall have the
right to terminate the Contract by giving written notice to the Company within
14 days of signing the Contract. |
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11.3 |
Any termination by the
Client must be communicated on the telephone to the Company"s Customer Relations
Department on 0161 919 0529 and promptly confirmed in writing. The Company
recommends that the written confirmation of termination should be sent by
recorded delivery. The Company will acknowledge the Client"s written
confirmation of termination within 2 working days of receipt. If the Client
does not receive this acknowledgement within a week, the Client should contact
the Company"s Customer Relations Department to check that his/her written
confirmation of termination has been received. In the event that the Client
terminates the Contract after 14 days the Company reserves the right to charge
the Client at the Company"s standard hourly rate, such preparation, processing,
and submission costs as may have been incurred by the Company up to the time
the Client"s notice of cancellation has been received by the Company. If such
termination takes place once the Third Party has made an offer of Compensation,
the Company shall have the right to impose a charge equivalent to the Service
Charges that would be payable if the offer was accepted. |
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The Company shall not be liable for any delay or other
failure to perform any services by reason of any cause whatsoever beyond its
reasonable control and the time for performance shall be extended by the period
of any such delay. |
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13.1 |
Both parties agree to keep confidential the
subject matter of the Contract and any information (whether written or oral)
acquired by that party in connection with the Contract and not to use any such
information except for the purpose of performing its obligations under the
Contract. |
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13.2 |
Both parties agree that the provisions of
Condition 13.1 shall not apply to information already in the public domain
other than as a breach of Condition 13.1. |
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13.3 |
The restrictions contained in Condition 13.1
shall continue to apply following the termination of the Contract without limit
in time. |
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The Client agrees that the Company shall not be required
to disclose to the Client or account to the Client in respect of the Company"s
interests, such as in relation to advice on marketing or other matters,
provided that the Company does not contravene any applicable rules, regulations
or codes of conduct. |
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15.1 |
All personal data will be
held in accordance with the terms of the Company"s privacy policy which can be
found on the Company"s website www.brunelfranklin.com. All data is held in
accordance with the provisions of the Data Protection Act 1998
("DPA"). |
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15.2 |
The Company agrees to
comply with any written Subject Access Request under the DPA made by the Client
for the personal data that it holds subject to any exemptions that may apply
from time to time. The Company charges an administration fee for providing this
information, which shall not exceed the fee from time to time permitted under
the DPA (currently £10). |
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15.3 |
The Company further
agrees to correct any inaccuracies in the Client"s personal data held at the
request of the Client. |
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15.4 |
By acceptance of the
Company"s privacy policy and unless and until the Company receives written
instruction to the contrary, the Client agrees that the Company may share the
Client"s personal information with banks, Financial Advisers or other relevantÂ
institutions and to affiliates, associated companies or firms or service
partners for the purposes of assisting the Client with the Client"s claim for
compensation or any financial matters that the Company believes may be ofÂ
assistance to the Client. Except as explicitly stated in this condition and the
privacy policy, the Company does not disclose to any third party the
information provided by the Client. |
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15.5 |
The Client acknowledges
and agrees that its personal data may be submitted to a credit reference agency
and processed on behalf of the Company in connection with the Services. |
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The Company reserves the right to charge the Client for
any costs incurred by the Company if any information provided by the Client is
misleading or contains material omissions which result in the Company providing
the service to the Client, which it would have declined to do, if it had been
in possession of the full information. |
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The Company reserves the right to assign the Contract
and all rights under it and to sub-contract to others all or any of its
obligations. |
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The Contract is personal to the Client and is not
assignable except to the personal representatives of the Client. |
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A person who is not a party to the Contract will have no
rights pursuant to the Contracts (Rights of Third Parties) Act 1999 to enforce
the Contract. |
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The Contract contains all the terms which the Company
and the Client have agreed in relation to its subject matter and supersedes all
previous oral or written communications between the Company and the Client.
Nothing in the Contract excludes or limits either party"s liability for
fraudulent misrepresentation. The Company does not authorise the giving of
representations on its behalf by any person unless confirmed in writing and
signed by a director of the Company. |
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Any notice to be given in accordance with the Contract
and these terms and conditions must be in writing. |
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If any provision of the Contract is held by any court or
other competent authority to be void or unenforceable in whole or part, the
other provisions of the Contract and the remainder of the affected provisions
shall continue to be valid. |
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No variation to these conditions
shall be binding unless agreed in writing between the Company and the Client. |
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The Company operates a complaints mechanism, full
details of which are set out www.brunelfranklin.com/complaints. |
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No failure or delay in exercising any of the Company"s
rights shall constitute a waiver of the same or any other of its rights. |
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The law applicable to the Contract shall be English law
and the parties consent to the jurisdiction of the English courts in all
matters affecting the Contract. (07-0110) |