Terms of Service

Terms of Service

Agreement to Commence. This document sets out the Terms of Service for the appointment of Claiming Made Simple to act on behalf of a Client in all aspects of the administration and negotiation of a compensation claim. By signing and returning the Letter of Authority, You the Client, agree to be bound by our Terms of Service, subject to the right of cancellation, and appoint Claiming Made Simple to assess and, if PPI (Payment Protection Insurance), PBA (Packaged Bank Account) and/or Undisclosed/Secret/ Commission Claims are located and when agreement to proceed from You is received, complete your compensation claim(s) relating to the application of unlawful and/or unfair charges to your account(s).

 

1.. Details of our Claims Service, what we agree to do:

1.1 Claiming Made Simple will request and collect information relevant to your claim, will assess your case and if appropriate, pursue a Claim for the recovery of your losses on your behalf with the finance provider.

1.2 If necessary, we will pursue Your claim with the Financial Ombudsman Service (FOS), the Financial Services Compensation Scheme (FSCS) or other regulatory bodies or Solicitors at no additional cost to you.

1.3 Inform You of any/all offers of settlements we receive, evaluate them and inform You whether we consider You should accept or reject the offer.

1.4 Always act in Your best interest when pursuing Your Claim and endeavour to achieve the best results realistically obtainable for You.

1.5 You acknowledge that You are able to bring this Claim(s) Yourself and are aware of the Financial Ombudsman Service (FOS) and that other legal options that may be available to you.

  1. Obligations of the Client, You agree to:

2.1 Promptly supply Us with any and all documentation and supporting information, as reasonably requested by Us to process Your claim. Claiming Made Simple will rely on the information and documents provided by You as being true, accurate and completed to the best of your knowledge. Claiming Made Simple will not check such information unless where it is legally obliged to do so.

2.2 Inform us promptly should You receive any communication from your finance provider including when you receive compensation payments for claims made by Us on Your behalf.

2.3 You authorise us to refer your claim to the Financial Ombudsman Service (FOS) or Financial Services Compensation Scheme (FSCS) or other regulatory bodies or Solicitors if we believe it is in your interests to do so.

2.4 You agree not to enter into any agreement directly with your finance provider without first consulting Us.

2.5 You authorise and request Us to look into all finance agreements You may have had for financial mis-selling if we believe it to be in your best interests to do so.

2.6 You agree that we have the exclusive authority to act for You, pursue Your claim and enter into negotiations with Your finance provider on Your behalf. You agree not to remove or cancel our authority to act on your behalf with Your finance provider. If You do we may treat this as an act of cancellation. You agree not to instruct another 3rd party to act for you on any claim you have instructed Us to act on.

  1. Fees

3.1 We operate on a No Win, No Fee basis, except where the agreement is cancelled by You after 14 days. Cancellation or administration fees may be applied reasonable and proportional to the work undertaken prior to cancellation and calculated on an hourly rate of £50.

3.2 Our fees for PPI claims are subject to Regulatory Change and will be charged at the prevailing maximum rate; however, we will never charge you in excess of 20% + VAT where your contract has been entered into after 10th July 2018. Contracts entered into on, or prior to, 10th July 2018 are chargeable at the rate outlined in such contracts.

3.3 Our fee is 39% + VAT for undisclosed/secret commission claims and/or Packaged Bank Account claims.

3.4 Compensation may be paid to you in cash or used to pay arrears you may have. We will calculate our fees as exampled on the higher fee of 39% + VAT as follows:

Example 1: Compensation awarded of £1000. Our fee 39%, + VAT, equals fee payable to us of £468 and you receive £532.

Example 2: Compensation awarded of £1000. Our fee 39%, + VAT, equals fee payable to us of £468 and you receive £532. The finance provider deducts £200 (due to arrears or tax) meaning You receive £800. You are still liable for our fees of £468.

Example 3: Compensation awarded of £1000.Our fee 39%, + VAT, equals fee payable to us of £468 and you receive £532. The finance provider deducts £1000 (due to arrears or tax) meaning You receive £0. You are still liable for our fees of £468.

3.5 In the event that We win Your claim and You reject an offer of compensation which we deem reasonable (in accordance with FCA and FOS guidelines), You acknowledge that Our fee may still be payable and calculated on the value of the offer.

3.6 Upon receipt and Your acceptance of offer, Claiming Made Simple will request payment of service fees with an instruction to pay Claiming Made Simple within 14 days of receipt of a compensation payment from the finance provider. Late payment fees may be applied to the amount due if the debt remains unpaid 14 days after your Lender has paid you. We may also add additional fees if we need to take legal action and/or pass your debt over to a third party debt collector.

  1. Cancellation of Agreement

4.1 In line with Claims Management Regulations, You have the right to seek further advice or “shop around” for alternative means for pursuing a claim and may cancel this agreement without charge within 14 working days of the commencement of the agreement, known as the “cooling off” period, without any financial penalty.

4.2 You or Claiming Made Simple can end this agreement at any time.

4.3 If this agreement is terminated by you for any reason other than the 14 days “cooling off” period referred to above, Claiming Made Simple may charge a fee reasonable and proportional to the work undertaken prior to cancellation. This will be calculated based on an hourly rate of £50 per hour and relevant to the administration work carried out up to the point of offer.

  1. Complaints

5.1 If You are not entirely happy with the service provided by Claiming Made Simple we will be more than happy to look into any concerns raised immediately and deal with these concerns fairly and consistently. Our emphasis is to ensure we understand the nature of your concern and to endeavour to resolve your complaint to the satisfaction of all parties.

You can make a complaint using the following correspondence methods:

In writing: Claiming Made Simple, Springfield House, Water Lane, Wilmslow, SK9 5BG.

By telephone: 0161 696 1501

By email: info@claimingmadesimple.com

Our full complaints procedure can be found at: http://www.claimingmadesimple.com/complaints

  1. Data Protection

6.1 As part of our service, we may require information about Your personal and financial situation. This information may be gathered from other people or organisations such as your loan broker/provider or professional advisers. This information may be classed as “personal or sensitive personal data” under the Data Protection Act 2018.

6.2 The Letter of Authority gives us permission to process such information to enable us to carry out your claim. We may disclose such information to any advisers necessary to enable us to provide our service, including solicitors and/or other organisations.

6.3 We will hold your information in our files for as long as necessary to enable us to provide our service.

6.4 By signing our Letter of Authority you, the client, agree that Claiming Made Simple may contact you by telephone, email, post or SMS or other electronic means of communication in relation to services we are providing to you.

6.5 You may request confirmation of the details held about you by Claiming Made Simple, or for the details of other people or organisations, we have provided your information to, at any time in accordance with GDPR, for free.

  1. Disclaimer

7.1 Claiming Made Simple is not liable in the event of non-payment of compensation to the client by the finance provider.

7.2 By signing our Letter of Authority You acknowledge awareness of the fact that you could complain directly to your finance provider at no cost, with the ability to take matters further with the Financial Ombudsman Services or the Small Claims Court, but wish to pursue your claim using the services of Claiming Made Simple instead.

  1. Governing Law

8.1 Claiming Made Simple is a trading style of Consumer Compensation Bureau Ltd and is authorised and regulated by the Financial Conduct Authority in respect of regulated claims management activity FRN: 838837. This agreement is subject to the laws of England, Scotland and Wales.

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