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, an Arranger, Provider, Ombudsman Scheme or 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 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. The Success Fee charged by the Company to the Client will not exceed the total Compensation payment awarded to the Client.
7. Examples of Success Fees based on three thousand pounds of Compensation: (a) Client receives a payment of three thousand pounds, the Success Fee will be six hundred pounds plus VAT of one hundred and twenty five pounds, the Client receives net payment of two thousand two hundred and eighty pounds. (b) Client receives a payment of one thousand five hundred pounds and their outstanding balance is reduced by one thousand five hundred pounds, the Success Fee will be six hundred pounds plus VAT of one hundred and twenty pounds, the Client receives net payment of seven hundred and eighty pounds. (c) Client receives no payment of Compensation but their outstanding balance is reduced by three thousand pounds, the Success Fee and VAT will not be payable, the Client receives net payment of nil pounds.
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 and seek to keep the Client informed of the progress of their claim by: email, telephone or letter confirming its receipt of their claim, information required to progress the claim, significant changes to the claims status and the outcome of the claim. The Company is unable to 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. The Company is regulated by the Claims Management Regulator in respect of regulated claims management activities authorisation number 24922. The Company is licenced by the Information Commissioners Office for compliance with the Data Protection Act and the General Data Protection Regulation registration number Z2191194.
16. The Company operates a formal complaints procedure. The Client can complain to the Complaints Manager, 34 Clarence Street, SS1 1BD, 01702 338585, email@example.com. Complaints are acknowledged in 5 business days and will provide a final response in 8 weeks. If the Client is dis-satisfied with the final response, they can refer it to the Legal Ombudsman PO Box 6804, WV1 9WG, 0300 555 0333, firstname.lastname@example.org within 6 months.
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 and aware they should seek independent legal advice before entering into this Agreement. The Client is also advised and aware rather than using the Company’s Services they may Claim Compensation directly from the Responsible Party without cost or use an alternative organisation.
20. By sending the Company’s PPI claim form and Terms of Business Agreement to the Client the Company acknowledges and agrees to be bound by its terms. By returning the Company’s PPI claim form and signing the Terms of Business Agreement the Client acknowledges they have read and agree to be bound by the Company’s Terms of Business.