1. What Redress Claims a trading style of Redress Financial Management Ltd will do for you:
1.1 We will examine the validity of your Credit Agreement and, if appropriate, pursue on your behalf, a claim for the remaining balance of the Credit Agreement to be deemed unenforceable; negotiate a settlement/reduced balance, where possible reimbursement of repayments made, plus statutory interest and future repayments discontinued.
1.2 We will establish whether you are entitled to compensation for mis-sold payment protection or unfair charges which may have been associated with your account/agreement.
1.3 We will correspond and negotiate with the defendant on your behalf in this action. We will require you to sign a 'Letter of Authority' to facilitate this.
1.4 We will inform you of all offers that we receive from the defendant: evaluate them and advise you in writing whether we consider it to be in your interest to accept or reject the offer.
1.5 We will forward to you any monies agreed in settlement of your claim with the defendant, subject to the conditions in parts 3.
1.6 We will endeavour at all times to provide you with the professional and dedicated service. We will use all reasonable skill and care in the processing of your claim. We will endeavour to provide resolution to any claim with us but where this is not possible due to any change of influence or the business practices of Redress Claims. We will where appropriate outsource the provision of our service to expert third parties.
1.7 We will return all your documents (including bank statements, policy or credit agreements) upon receipt of all monies due in accordance with this agreement.
1.8 We will correspond with the lender initially to collect the required documents to allow a review of your case to be completed. The assessment will either be done internally or be completed by a third party claims management company, in your case this company will be Credit Clear Services Ltd however, this will not restrict Redress Claims using other businesses in the future to deal with the progress of your case.
2. What Redress Claims will not do for you?
2.1 We will not advise you to accept an offer that we consider inadequate or to reject an offer that we consider to be reasonable, and we reserve the right to cancel this Agreement if you wish to accept an offer that we consider inadequate or to reject an offer that we consider to be reasonable.
2.2 We will not accept an offer without your agreement.
2.3 We will not give or offer you financial advice.
2.4 We will not offer Legal Advice directly in the event of your claim going to the court stage but will refer you to our panel of qualified Solicitors for direct legal assistance.
3. What we expect from you:
3.1 To provide us promptly with all relevant information and items we request to enable us to pursue your claim.
3.2 To provide us with clear instructions.
3.3 To cooperate with us (including sending to us any correspondence you receive directly from the defendant)
3.4 Not to ask us to work in an improper or unreasonable way or to mislead us.
3.5 To provide us with the exclusive authority:
(i) To pursue your claim;
(ii) To enter on your behalf into correspondence and negotiations;
3.6 To read all of our terms and conditions for your own reference.
3.7 To retain a copy of our terms and conditions for your own reference.
3.8 To pay our fees immediately upon them becoming due.
4. Our Fee:
4.1 We will charge you a flat fee to examine each Credit Agreement.
4.2 This Fee covers:
(i) Collection of preliminary documents required to facilitate an examination of your agreement.
(ii) The cost of advertising the Unfair Credit Agreement Claims service. (iii) The cost of examining the designated Credit Agreement by Redress Claims Ltd and our Legal Panel.
4.3 You will not be required to make any further payments to us under the Contract, including in the event of a Successful Claim.
4.4 During our review process if we find out that you are entitled to claim back any charges relating to mis-sold payment protection insurance or/and late payment fees we will do this on a no win no fee basis. We will charge 25% + VAT of any compensation/total benefit awarded (Typical example: Customer Benefit of £2000. Our Fee equals £587.50). There is no service charge payable for any unenforceable credit agreement claim. The following only applies to cases where compensation is awarded for mis-sold payment protection claims and Credit Card charges claims.
a. 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.
b. 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 Clients behalf.
c. All service charges and others fees payable by the client to the Company shall be paid within 7 days of the company's invoices.
d. 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.
e. In the unlikely event that the compensation is less than £100 we will cap our charges at the amount of compensation awarded. In no circumstances will our fee exceed the amount of the compensation award. This applies to both credit card charges cases and mis-sold payment protection claims.
f. 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.
4.5 If the settlement we are seeking from the product provider is to include the rendering of a credit agreement 'unenforceable' or the reduction of any outstanding balance on a credit agreement, we or any third party dealing with your case will agree a reduction figure or an agreed acceptable balance with you. Once this figure has been agreed, you authorise us to negotiate a settlement equal to the agreed minimum of the outstanding balance without further instruction or permission from you.
5. Cancellation and Refunds
5.1 Should you choose to cancel the Contract?
5.2 You may cancel the audit at any time by writing to us.
5.3 If you cancel the audit within fourteen (14) days from the date of processing the sale we will refund your payment. (Your statutory rights are not affected).
5.4 If we award the case with a green light, this means we consider the case to have a good chance of success your audit fee will no longer be refundable.
5.5 If your case is not awarded with a green light at the point of audit/assessment and it is deemed the case has no chance of success we will refund the audit fee in full subject to clause 5.9
5.6 We can cancel this agreement at any time, or terminate parts of our service provision to you, if you have breached your duties set out at paragraph 3. In these circumstances your audit fee will not be returnable and all fees due to us will become immediately payable by you.
5.7 If you wish to cancel your agreement with us and are over your fourteen (14) days from the point of sale, we will examine your file and consider if you are due any refund which will be determined by the amount of work we have undertaken on your case. As a large amount of work is undertaken in the early stages you may not be entitled to any refund.
5.8 We can cancel this agreement at any time if all of your credit agreements commenced after the 1st April 2007 and you failed to advise us of this at the time you contracted for our services. Where we cancel your agreement under this clause we will refund the fee you have paid to us less a reasonable fee for the work we have undertaken up to the point of cancellation.
5.9 Where we are supplying other services to you, such as payment protection insurance reclaim services or credit charge reclaim services, we will not provide a refund under clause 5.5 where any one of those other services has resulted in an award of compensation, or rebate to you.
6 Solicitors Referrals
It is at the company's discretion to decide whether and when a particular case should be referred to a firm of solicitors. In reaching its decision the company will consider the outcome of the audit. If the audit returns a decision confirming your agreement as unenforceable you will at that stage be given the option to be referred to a panel solicitor. Upon your affirmative confirmation the chosen solicitors firm will send you directly terms and conditions which you will need to sign. From that point onwards Redress Claims will not be liable for errors or omissions in its working to that stage and omits responsibility for any claims or complains arising against the solicitors involved. You agree to cooperate with the nominated firm of solicitors. You further agree to instruct solicitors to account to Redress Claims at the end of a case. The company has discretion as to whether or not to continue running claims following the commencement of proceedings and at any time may withdraw from the same whilst allowing you to act as a litigant in person should you wish.
7 Data & Confidentiality
During the term of the agreement we shall request information about your personal and financial situation including the accounts held at your bank from you and third parties. This may
constitute "personal data" or "sensitive personal data" under the data protection act 1998. You expressly consent that we may carry out such processing of such data as is necessary to enable us to carry out the services and for the purposes of letting you know about other services we think may be of interest to you. Save for the provisions of this agreement we shall not without you prior written consent, disclose any information, which can be reasonably considered to be confidential, concerning your personal or financial situation to third parties unless otherwise required by law, a court of competent jurisdiction, HM Revenue and Customs or other government or regulatory authority.
8 Liability
The company shall not be liable for any consequential loss or damage suffered by the client under or in connection with the contract occasioned by any act or omission on the part of the
Company, whether directly or indirectly. The company accepts no liability due to the provision of false, misleading or incomplete information or documentation or due to any acts or omissions of any person other than the company. The company accepts no liability for any steps a financial institution may take in relation to your claim. The company is not a legal or financial advisor, and as such none of its employees may give clients financial or legal advice at any time, neither verbally or in writing.
9 Complaints Procedure: If you wish to complain about the service we provide to you then please put your complaint in writing for the attention of the managing director. We undertake to look into any matter carefully and promptly and to do all we can to resolve the position to your satisfaction. |
