Fair Trading Statement
• I have had the BLUE SKY CLAIMS Scheme explained to me. I have been given every opportunity to ask any questions about the Scheme.
• I understand that there may be other ways I could pursue my claim, and in particular I have been informed that there may be ways in which I could proceed with my claim where I may not be required to pay any part of my damages or winnings at the conclusion of the claim to BLUE SKY CLAIMS or others but having considered the options I wish to proceed with my claim through BLUE SKY CLAIMS on the terms of their Scheme. I understand and acknowledge that this means that a proportion of any damages awarded to me will be paid to BLUE SKY CLAIMS and in signing the contract and letters of authority I know that I will specifically and irrevocably authorise my lender/s to pay the amount of the recovery to BLUE SKY CLAIMS at the conclusion of my claim and not to me.
• I am aware that BLUE SKY CLAIMS must be paid for the work they do in managing and completing the claim/s and I consider that the agreed charges (and/or the amount I do not have to pay for future installments) to be entirely reasonable. For example, I understand that if my recovery is £4,000, BLUE SKY CLAIMS fees will be £1,000 plus VAT, or £1,400 plus VAT (where no earlier Verification, Review & Audit fee has been paid). Where my recovery is £800.00, BLUE SKY CLAIMS fees will be £200 plus VAT, or £280.00 plus VAT (where no earlier Verification, Review B Audit fee has been paid.
• I note that I may change my mind and cancel this agreement without any charge being made to me within 14 days from the date of this agreement and understand the charge that may be made to me if I cancel at a later date.
• My Choices
(1) If I were to instruct a solicitor to pursue my claim I have been told that Legal Aid may be available to me (subject perhaps to a monthly contribution from me to the Legal Aid authority, depending on my income) and I have been told that if I do get Legal Aid my solicitor's and barrister's fees would be paid for me by the Legal Aid Board. However I have been told that if I do get money with the help of Legal Aid I will have to pay those fees from the amount recovered. I have been told that if I have Legal Aid I will not have to pay anything if I lose, or if the other side pays all my bills but otherwise I may have to contribute towards the costs of my case to the Legal Aid authorities as the case progresses.
(2) I understand that I can pursue my case myself with or without a solicitor's help but that if I do I will be liable to pay my own legal and other expenses, and the other side's costs if I lose.
(3) I understand that the Law Society and some solicitors operate a conditional fee scheme under which I would have to buy an insurance policy covering me against having to pay the costs of the other side if I lose, and that, if I win, my solicitor would be entitled to charge me an extra fee (not exceeding twice his normal fee). (4) I suspect that I could find a firm of Lawyers to take on my case on a no win no fee basis but I know that their charges will be uncertain and payable by me in the event of a successful recovery whether I had Legal Aid or not. I prefer the certainty of knowing that I will pay BLUE SKY CLAIMS a fixed fee in a percentage I consider to be fair and reasonable.
(5) I understand that I am free to choose any solicitor I like but that if I do choose my own solicitor then BLUE SKY CLAIMS will not be responsible for his fees or for any other expenses in connection with my claim and that I will still be liable to pay the quarter share of any damages received to BLUE SKY CLAIMS . I consider that to do so would be an unnecessary duplication of the work that BLUE SKY CLAIMS will carry out for me.
I THEREFORE AUTHORISE AND INSTRUCT BLUE SKY CLAIMS to do the following on my behalf:-
1. Pursue and manage the Claim for financial compensation arising from the mis-selling of Payment Protection Insurance to me;
2. Receive the payment for my damages;
3. Deduct the agreed fees from the recovery (which I know will include any future savings to me as a result of the settlement of the claim) and to keep that in payment of their fee; and
4. Do anything else they consider necessary and appropriate to further my claim
• I ACKNOWLEDGE that if it becomes apparent to BLUE SKY CLAIMS that circumstances have changed so that it seems that my chances of success are no better than evens then BLUE SKY CLAIMS may do nothing further on my claim. I note that, in such circumstances, I may if I wish instruct any other regulated business or solicitor to continue with my claim but that I would be responsible from that time for his/her fees and all other fees and expenses without any indemnity (including the costs of the other party if I lose).
• I have been told that my lender may approach me directly and may make an offer to me to settle my claim. I promise that I will not accept any such offer without discussing the matter first with BLUE SKY CLAIMS and I note that if I do accept any such offer I will still be liable to pay the agreed fees to BLUE SKY CLAIMS .
• I also note that if I mislead BLUE SKY CLAIMS or fail to co-operate with them or if I refuse to accept a reasonable offer of settlement I will still be liable for the agreed fees to BLUE SKY CLAIMS .
• Having considered all the factors I wish to proceed with BLUE SKY CLAIMS .
Preamble
I. These are the terms and conditions of BLUE SKY CLAIMS Limited (trading as BLUE SKY CLAIMS )("BLUE SKY CLAIMS ").
II. These terms and conditions are part of and are integral to the Contract between BLUE SKY CLAIMS and the Customer named overleaf
III. By signing the Contract the Customer acknowledges that he has received, read and understood the Company's Complaints Process and terms and conditions and either:-
v a. that he has read or had read to him the terms and conditions and Complaints Process and that he understands and accepts them; or
b. that (having the ability and opportunity to read them before signing the Contract) he has elected not to read them, and
c. that he has read and understands the Fair Trading (Rule 11 compliance) letter before having signed the Contract.
IV. A failure by the Customer to have read the terms and conditions abd Complaints process does not relieve that Customer from the application thereof to the Contract.
Terms and conditions
1. Definitions - in the Contract and in these terms and conditions the following words and phrases shall have the following meaning:-
1.1. "CCA" means the Consumer Credit Act 1974
1.2. "Bank Charges" means any charge levied on the Client by a Lender for the provision of credit or for services to the Client in relation to any loan
1.3. "CMC" means Claims Management Company
1.4. "Claim" means the claim for redress to be prosecuted by the Company seeking the payment to or for the benefit of the Client of the Recovery
1.5. "Client" means the customer of the Company who is named and detailed on the face of the Contract
1.6. "Commencement Date" means the date written on the face of the Contract being the date at which the Contract was entered into by the Customer
1.7. "Company" means BLUE SKY CLAIMS Limited (Company Number 05111580) having its registered office at "Lancashire House", 24 Winckley Square, Preston, PR1 3JJ
1.8. "Company Fee" means the fee to which the Company is entitled at the rate set out on the face of the Contract
1.9. "Contract" means the agreement between the Company and the Customer to which these terms and conditions are material and integral
1.10. "DPA" means the Data Protection Act 1998
1.11. "Interest" means interest falling due at a rate 4% above the base lending rate of HSBC Bank plc from time to time 1.12. "Lender' means the financial institution which lent PPI to the Client
1.13. "PPI" means the amount (both capital and interest)charged by the Lender to the Client for Payment Protection Insurance and includes (but without limitation) an insurance policy for (inter alia) loan protection or cover providing benefits for the client against accident, sickness, redundancy and/or unemployment
1.14. PPI Insurer means the insurance company that has provided a policy of payment protection for the Client
1.15. "Recovery" means the amount of PPI or Charges repaid to the Client whether by payment or reduction of any debt and shall include interest and any other payments made by the Lender together with a calculation of future reductions in loan repayments to be paid by the Client as a result of the repayment of or the reduction of the PPI and or loan
1.16. "Service" means all the services to be provided by the Company for the Customer under the Contract
1.17. "VAT" means Value Added Tax or other impost or charge of a similar nature at the rate current at the time that any invoice is raised by the Company
1. General
1.1. Reference to any statute or statutory provision includes a reference to:
1.1.1. that statute or statutory provision as from time to time amended, extended, re-enacted or consolidated; and 1.1.2. all statutory instruments or orders made pursuant to it.
1.1.3. Words denoting the singular number only shall include the plural and vice versa.
1.1.4. Words denoting any gender include all genders and words denoting persons shall include firms and corporations and vice versa.
1.1.5. Unless the context otherwise requires reference to any clause, sub-clause or schedule is to a clause, sub-clause or schedule (as the case may be) of or to this agreement.
1.1.6. The business operated by the Company is regulated by the Ministry of Justice in respect of regulated claims management activities.
2. Duration - The Contract shall commence on the Commencement Date and shall (subject to the rights of termination set out in Clause 3) continue (unless earlier terminated by either party in accordance with these terms and conditions) until the Recovery has been received by the Client and the Company Fee paid.
3. Termination
3.1. By the Company:-
3.1.1. If the Client is in breach of any obligation imposed on him by the Contract the Company may by letter setting out the breach and notifying the Client of the steps to be taken in order to rectify that breach and the time limit (not being less than 14 days from the date of such letter) by which such steps must be taken.
3.1.2. If the Client fails to remedy the breach within the time stipulated the Company may terminate the Contract at any time by Notice to the Client.
3.1.3. if the Client is adjudged bankrupt the Contract shall automatically be terminated on receipt of notice by the Company to that effect.
3.1.4. if the client is incapacitated as defined in the Mental Health Act 1983 or the Mental Capacity Act 2005 (or any re¬enactment thereof) the Contract shall automatically be terminated on receipt of notice by the Company to that effect. 3.2. By the Client:-
3.2.1. The Client shall have the right to cancel the Contract without any charge by giving written notice compliant with Clause 4 so as to be received by the Company before the end of the fifteenth day from and including the date of the Contract
3.2.2. The Client may cancel the Contract at any time thereafter on giving written Notice to the Company in which case he shall pay to the Company such fee as shall be reasonable in all the circumstances and which shall properly reflect the work undertaken by the Company in dealing with the Claim
3.2.3. The Client shall have no further right to cancel or terminate the Contract
4. Notice - Except as otherwise provided in these terms and conditions every Notice under the Contract shall be in writing. 4.1. Any written notice from the Company to the Client may be given or served by delivering or posting it to:-4.1.1. the address of the Client net out on the face of the Contract or to such other address as may be advised to it by the Client as being effective for the purpose of this Clause or to any address last known to the Company at which the Client last resided
4.1.2. Any notice shall be considered served if:-
4.1.2.1 delivered by hand, at the time of delivery; or
4.1.2.2 sent by post, 48 hours from the time of posting; or
4.1.2.3 sent by facsimile transmission or electronic communication, at the time of transmission.
4.2. Any notice in writing from the Client to the Company shall take effect at the time it is received by the Company at its office set out in condition 1.7 or otherwise notified to the Client as effective for the purpose of this Clause.
5. The Company's obligations:-
5.1. On expiry of the Client's right to terminate the Contract under Clause 3.2.1 the Company shall:-
process the Claim in such manner as it shall see fit designed to procure the greatest Recovery for the Client in the shortest reasonably achievable time and 5.1.2. promptly notify the Client of the progress in the resolution of the Claim.
5.2. On completion of the Claim the Company shall confidentially destroy all paperwork related to the PPI unless the Client shall notify the Company that it is to be returned to him - in which case he shall provide a suitably strong and reinforced envelope with sufficient pre-paid postage for such return. In the absence of receipt of the same within 21 days of the completion of the Claim the Company shall be at liberty to destroy as above.
6. The Client's obligations:-
6.1. To provide all material information (accurately and correctly) to the Company for it to prosecute the Claim within 7 days of request for the same and not to omit information which (in the reasonable opinion of the Company) would be material to its prosecution of the Claim.
6.2. (Subject to his right to notify the Company that they may not do this) To allow the Company to use his details and the details of his Claim on any promotional material of the Company.
6.3. To pay, at the request of the Company, the proper costs for the provision of information under the DPA and the CCA (limited to [15.00 per request)
6.4. To give the Company, at its request, his full authority to contact the Lender or any intermediary with which the Company seeks to make contact for the proper prosecution of the Claim.
6.5. To deal with all correspondence and requests from the Company within 14 days of receipt thereof.
6.6. Not to appoint any other person, firm or company to handle the claim while the Contract shall subsist.
6.7. Not to contact the lender, any intermediary or the Financial Ombudsman Service while the Contract shall subsist in any way which might have an adverse effect on the handling of the Claim by the Company.
6.8. Not to contact a debt management company in relation to the management of this Claim.
6.9. To pay the Company Fee to the Company immediately on demand (which shall (in the case of the Company Fee) not be made before the receipt of the Recovery by the Client).
6.10. Where the Recovery is paid to the Company the Client hereby authorises the Company to deduct the Company Fee from the Recovery and the Company agrees to remit the balance of the recovery to the Client or to his order.
7. Credit or debit cards
The Client authorises to retain (the Company at all times complying with the regulations concerning the same) details of his credit or debit cards and allows the Company to make payment of the balance of the Recovery to such card and to make payment from such card of any DPA or CCA fee properly due in the prosecution of the Claim.
8. Liability of the Company to the Client
8.1. The Company's liability to the Client for death or personal injury shall be limited to £2,000,000.00 (each and every claim).
8.2. The Company's liability to the Client for damages for negligence or breach of contract shall be limited (to the extent permitted by law) to the Company Fee were the Claim to have been concluded at the value initially expected by the Company and notified to the Client.
8.3. Any claim by the Client for damages must be notified to the Company as soon as the Client believes that he has such a claim. Any unreasonable delay in this regard shall preclude any claim and exonerate the Company from liability.
. Liability of the Client to the Company
9.1. The Client shall pay to the Company:-
9.1.1. The Company Fee when the same shall become due;
9.1.2. Interest on any element of the Company Fee that shall remain unpaid from and after 14 days after the same shall have fallen due; and
9.1.3. A penalty charge if any information provided (or omitted to be provided) to the Company shall be misleading or inaccurate in any material respect. The penalty shall be the amount as would be recoverable by the Company in an action at law for damages for the breach by the Client of the terms of this Contract.
10. Non Payment of Invoice – Without exception, all invoices must be paid in full within 14 days of issue. The cost of any telephone call and Invoice reminders may be added to the outstanding debt as follows:
- £30.00 + VAT per subsequent telephone call and/or written reminder.
- £50.00 + VAT per solicitor’s letter before action.
- The cost of any Debt Collection Agency or County Court Action will be added to the outstanding debt with statutory interest, pursuant of Section 69 of the County Court Act 1984 until the debt is paid in full.
11. Confidentiality - The Company and the Client shall (save for any regulatory requirements to which the Company may be subject) keep the terms and the subject matter of the Contract confidential and use the same for no purpose other than the proper performance of the purpose of the Contract. Any disclosure shall render the discloser liable to the other party to the Contract liable in damages unless the information disclosed shall already have been in the public domain. This obligation shall apply during the term of the Contract and for six years thereafter.
12. Data protection
12.1. The Company is authorised to receive and maintain clients' data under the terms of the DPA and shall comply with the provisions thereof as to the retention of any data held for the Client.
12.2. If the Company receives a data request under the DPA in respect of the Client it shall comply with such request on payment of a fee to the amount permitted under the DPA or any regulations made thereunder from time to time.
13. VAT - VAT shall be paid by the client in addition to any fee due to the Company under the Contract - whether on the Company Fee, a penalty charge or an Administration charge. As of January 1st 2011, VAT will be charged at 20%.
14. Force Majeure - Neither party shall be liable to the other for any delay or other failure to discharge obligations by reason of any cause outside the control of that party and the time for the performance of that obligation shall be extended beyond the cessation of that cause.
15. Assignment - The Company (but not the Client) shall have the right to assign the Contract to a third party regulated by the Ministry of Justice for the purpose of managing financial claims.
16. Third party rights - no person, firm or company (save an assignee) who is not a party to the Contract shall have (in compliance with the provisions of the contracts (Rights of Third Parties) Act 1999) any rights to enforce any element of this Contract.
17. Severability - If any provision or provisions of this Agreement (or of any document referred to herein) is or at any time becomes illegal or invalid or unenforceable in any respect the same shall be severed from these terms and conditions and the remaining terms shall remain in full force and effect.
18. Waiver - No failure or delay in exercising any of the Company's rights or obligations shall constitute a waiver thereof or of any consequent rights.
19. Representations - Each Party hereto acknowledges that, into entering into this Agreement, it does not do so in reliance upon any representation, warranty or other provision except as expressly provided in this Agreement, and any conditions, warranties or other terms implied by statute or common law are excluded from this Agreement by the fullest extent permitted by Law.
20. Entire Agreement - Save as maybe qualified by the terms of this Agreement then the Contract (including these terms and conditions) is the entire agreement between the parties. No change to the terms of this agreement shall be valid unless it is signed by a director of the Company and by the Client.
21. Complaint - any complaint by the Client must be made in writing and notified to the Company (see Clause 4). The Company shall respond to any complaint in accordance with the Complaints Process a copy which has been provided to the Client prior to the commencement of this Agreement
22. Jurisdiction - This Agreement is governed by English Law and the parties agree that the English courts will have jurisdiction.
23. Disputes - Any dispute under or arising out of this Agreement shall be referred to a single arbitrator who shall be a suitably experienced barrister of no less than 7 years standing but in other respects the dispute shall be dealt with in accordance with the provisions of the Arbitration Act 1996.
• I have had the BLUE SKY CLAIMS Scheme explained to me. I have been given every opportunity to ask any questions about the Scheme.
• I understand that there may be other ways I could pursue my claim, and in particular I have been informed that there may be ways in which I could proceed with my claim where I may not be required to pay any part of my damages or winnings at the conclusion of the claim to BLUE SKY CLAIMS or others but having considered the options I wish to proceed with my claim through BLUE SKY CLAIMS on the terms of their Scheme. I understand and acknowledge that this means that a proportion of any damages awarded to me will be paid to BLUE SKY CLAIMS and in signing the contract and letters of authority I know that I will specifically and irrevocably authorise my lender/s to pay the amount of the recovery to BLUE SKY CLAIMS at the conclusion of my claim and not to me.
• I am aware that BLUE SKY CLAIMS must be paid for the work they do in managing and completing the claim/s and I consider that the agreed charges (and/or the amount I do not have to pay for future installments) to be entirely reasonable. For example, I understand that if my recovery is £4,000, BLUE SKY CLAIMS fees will be £1,000 plus VAT, or £1,400 plus VAT (where no earlier Verification, Review & Audit fee has been paid). Where my recovery is £800.00, BLUE SKY CLAIMS fees will be £200 plus VAT, or £280.00 plus VAT (where no earlier Verification, Review B Audit fee has been paid.
• I note that I may change my mind and cancel this agreement without any charge being made to me within 14 days from the date of this agreement and understand the charge that may be made to me if I cancel at a later date.
• My Choices
(1) If I were to instruct a solicitor to pursue my claim I have been told that Legal Aid may be available to me (subject perhaps to a monthly contribution from me to the Legal Aid authority, depending on my income) and I have been told that if I do get Legal Aid my solicitor's and barrister's fees would be paid for me by the Legal Aid Board. However I have been told that if I do get money with the help of Legal Aid I will have to pay those fees from the amount recovered. I have been told that if I have Legal Aid I will not have to pay anything if I lose, or if the other side pays all my bills but otherwise I may have to contribute towards the costs of my case to the Legal Aid authorities as the case progresses.
(2) I understand that I can pursue my case myself with or without a solicitor's help but that if I do I will be liable to pay my own legal and other expenses, and the other side's costs if I lose.
(3) I understand that the Law Society and some solicitors operate a conditional fee scheme under which I would have to buy an insurance policy covering me against having to pay the costs of the other side if I lose, and that, if I win, my solicitor would be entitled to charge me an extra fee (not exceeding twice his normal fee). (4) I suspect that I could find a firm of Lawyers to take on my case on a no win no fee basis but I know that their charges will be uncertain and payable by me in the event of a successful recovery whether I had Legal Aid or not. I prefer the certainty of knowing that I will pay BLUE SKY CLAIMS a fixed fee in a percentage I consider to be fair and reasonable.
(5) I understand that I am free to choose any solicitor I like but that if I do choose my own solicitor then BLUE SKY CLAIMS will not be responsible for his fees or for any other expenses in connection with my claim and that I will still be liable to pay the quarter share of any damages received to BLUE SKY CLAIMS . I consider that to do so would be an unnecessary duplication of the work that BLUE SKY CLAIMS will carry out for me.
I THEREFORE AUTHORISE AND INSTRUCT BLUE SKY CLAIMS to do the following on my behalf:-
1. Pursue and manage the Claim for financial compensation arising from the mis-selling of Payment Protection Insurance to me;
2. Receive the payment for my damages;
3. Deduct the agreed fees from the recovery (which I know will include any future savings to me as a result of the settlement of the claim) and to keep that in payment of their fee; and
4. Do anything else they consider necessary and appropriate to further my claim
• I ACKNOWLEDGE that if it becomes apparent to BLUE SKY CLAIMS that circumstances have changed so that it seems that my chances of success are no better than evens then BLUE SKY CLAIMS may do nothing further on my claim. I note that, in such circumstances, I may if I wish instruct any other regulated business or solicitor to continue with my claim but that I would be responsible from that time for his/her fees and all other fees and expenses without any indemnity (including the costs of the other party if I lose).
• I have been told that my lender may approach me directly and may make an offer to me to settle my claim. I promise that I will not accept any such offer without discussing the matter first with BLUE SKY CLAIMS and I note that if I do accept any such offer I will still be liable to pay the agreed fees to BLUE SKY CLAIMS .
• I also note that if I mislead BLUE SKY CLAIMS or fail to co-operate with them or if I refuse to accept a reasonable offer of settlement I will still be liable for the agreed fees to BLUE SKY CLAIMS .
• Having considered all the factors I wish to proceed with BLUE SKY CLAIMS .
Preamble
I. These are the terms and conditions of BLUE SKY CLAIMS Limited (trading as BLUE SKY CLAIMS )("BLUE SKY CLAIMS ").
II. These terms and conditions are part of and are integral to the Contract between BLUE SKY CLAIMS and the Customer named overleaf
III. By signing the Contract the Customer acknowledges that he has received, read and understood the Company's Complaints Process and terms and conditions and either:-
v a. that he has read or had read to him the terms and conditions and Complaints Process and that he understands and accepts them; or
b. that (having the ability and opportunity to read them before signing the Contract) he has elected not to read them, and
c. that he has read and understands the Fair Trading (Rule 11 compliance) letter before having signed the Contract.
IV. A failure by the Customer to have read the terms and conditions abd Complaints process does not relieve that Customer from the application thereof to the Contract.
Terms and conditions
1. Definitions - in the Contract and in these terms and conditions the following words and phrases shall have the following meaning:-
1.1. "CCA" means the Consumer Credit Act 1974
1.2. "Bank Charges" means any charge levied on the Client by a Lender for the provision of credit or for services to the Client in relation to any loan
1.3. "CMC" means Claims Management Company
1.4. "Claim" means the claim for redress to be prosecuted by the Company seeking the payment to or for the benefit of the Client of the Recovery
1.5. "Client" means the customer of the Company who is named and detailed on the face of the Contract
1.6. "Commencement Date" means the date written on the face of the Contract being the date at which the Contract was entered into by the Customer
1.7. "Company" means BLUE SKY CLAIMS Limited (Company Number 05111580) having its registered office at "Lancashire House", 24 Winckley Square, Preston, PR1 3JJ
1.8. "Company Fee" means the fee to which the Company is entitled at the rate set out on the face of the Contract
1.9. "Contract" means the agreement between the Company and the Customer to which these terms and conditions are material and integral
1.10. "DPA" means the Data Protection Act 1998
1.11. "Interest" means interest falling due at a rate 4% above the base lending rate of HSBC Bank plc from time to time 1.12. "Lender' means the financial institution which lent PPI to the Client
1.13. "PPI" means the amount (both capital and interest)charged by the Lender to the Client for Payment Protection Insurance and includes (but without limitation) an insurance policy for (inter alia) loan protection or cover providing benefits for the client against accident, sickness, redundancy and/or unemployment
1.14. PPI Insurer means the insurance company that has provided a policy of payment protection for the Client
1.15. "Recovery" means the amount of PPI or Charges repaid to the Client whether by payment or reduction of any debt and shall include interest and any other payments made by the Lender together with a calculation of future reductions in loan repayments to be paid by the Client as a result of the repayment of or the reduction of the PPI and or loan
1.16. "Service" means all the services to be provided by the Company for the Customer under the Contract
1.17. "VAT" means Value Added Tax or other impost or charge of a similar nature at the rate current at the time that any invoice is raised by the Company
1. General
1.1. Reference to any statute or statutory provision includes a reference to:
1.1.1. that statute or statutory provision as from time to time amended, extended, re-enacted or consolidated; and 1.1.2. all statutory instruments or orders made pursuant to it.
1.1.3. Words denoting the singular number only shall include the plural and vice versa.
1.1.4. Words denoting any gender include all genders and words denoting persons shall include firms and corporations and vice versa.
1.1.5. Unless the context otherwise requires reference to any clause, sub-clause or schedule is to a clause, sub-clause or schedule (as the case may be) of or to this agreement.
1.1.6. The business operated by the Company is regulated by the Ministry of Justice in respect of regulated claims management activities.
2. Duration - The Contract shall commence on the Commencement Date and shall (subject to the rights of termination set out in Clause 3) continue (unless earlier terminated by either party in accordance with these terms and conditions) until the Recovery has been received by the Client and the Company Fee paid.
3. Termination
3.1. By the Company:-
3.1.1. If the Client is in breach of any obligation imposed on him by the Contract the Company may by letter setting out the breach and notifying the Client of the steps to be taken in order to rectify that breach and the time limit (not being less than 14 days from the date of such letter) by which such steps must be taken.
3.1.2. If the Client fails to remedy the breach within the time stipulated the Company may terminate the Contract at any time by Notice to the Client.
3.1.3. if the Client is adjudged bankrupt the Contract shall automatically be terminated on receipt of notice by the Company to that effect.
3.1.4. if the client is incapacitated as defined in the Mental Health Act 1983 or the Mental Capacity Act 2005 (or any re¬enactment thereof) the Contract shall automatically be terminated on receipt of notice by the Company to that effect. 3.2. By the Client:-
3.2.1. The Client shall have the right to cancel the Contract without any charge by giving written notice compliant with Clause 4 so as to be received by the Company before the end of the fifteenth day from and including the date of the Contract
3.2.2. The Client may cancel the Contract at any time thereafter on giving written Notice to the Company in which case he shall pay to the Company such fee as shall be reasonable in all the circumstances and which shall properly reflect the work undertaken by the Company in dealing with the Claim
3.2.3. The Client shall have no further right to cancel or terminate the Contract
4. Notice - Except as otherwise provided in these terms and conditions every Notice under the Contract shall be in writing. 4.1. Any written notice from the Company to the Client may be given or served by delivering or posting it to:-4.1.1. the address of the Client net out on the face of the Contract or to such other address as may be advised to it by the Client as being effective for the purpose of this Clause or to any address last known to the Company at which the Client last resided
4.1.2. Any notice shall be considered served if:-
4.1.2.1 delivered by hand, at the time of delivery; or
4.1.2.2 sent by post, 48 hours from the time of posting; or
4.1.2.3 sent by facsimile transmission or electronic communication, at the time of transmission.
4.2. Any notice in writing from the Client to the Company shall take effect at the time it is received by the Company at its office set out in condition 1.7 or otherwise notified to the Client as effective for the purpose of this Clause.
5. The Company's obligations:-
5.1. On expiry of the Client's right to terminate the Contract under Clause 3.2.1 the Company shall:-
process the Claim in such manner as it shall see fit designed to procure the greatest Recovery for the Client in the shortest reasonably achievable time and 5.1.2. promptly notify the Client of the progress in the resolution of the Claim.
5.2. On completion of the Claim the Company shall confidentially destroy all paperwork related to the PPI unless the Client shall notify the Company that it is to be returned to him - in which case he shall provide a suitably strong and reinforced envelope with sufficient pre-paid postage for such return. In the absence of receipt of the same within 21 days of the completion of the Claim the Company shall be at liberty to destroy as above.
6. The Client's obligations:-
6.1. To provide all material information (accurately and correctly) to the Company for it to prosecute the Claim within 7 days of request for the same and not to omit information which (in the reasonable opinion of the Company) would be material to its prosecution of the Claim.
6.2. (Subject to his right to notify the Company that they may not do this) To allow the Company to use his details and the details of his Claim on any promotional material of the Company.
6.3. To pay, at the request of the Company, the proper costs for the provision of information under the DPA and the CCA (limited to [15.00 per request)
6.4. To give the Company, at its request, his full authority to contact the Lender or any intermediary with which the Company seeks to make contact for the proper prosecution of the Claim.
6.5. To deal with all correspondence and requests from the Company within 14 days of receipt thereof.
6.6. Not to appoint any other person, firm or company to handle the claim while the Contract shall subsist.
6.7. Not to contact the lender, any intermediary or the Financial Ombudsman Service while the Contract shall subsist in any way which might have an adverse effect on the handling of the Claim by the Company.
6.8. Not to contact a debt management company in relation to the management of this Claim.
6.9. To pay the Company Fee to the Company immediately on demand (which shall (in the case of the Company Fee) not be made before the receipt of the Recovery by the Client).
6.10. Where the Recovery is paid to the Company the Client hereby authorises the Company to deduct the Company Fee from the Recovery and the Company agrees to remit the balance of the recovery to the Client or to his order.
7. Credit or debit cards
The Client authorises to retain (the Company at all times complying with the regulations concerning the same) details of his credit or debit cards and allows the Company to make payment of the balance of the Recovery to such card and to make payment from such card of any DPA or CCA fee properly due in the prosecution of the Claim.
8. Liability of the Company to the Client
8.1. The Company's liability to the Client for death or personal injury shall be limited to £2,000,000.00 (each and every claim).
8.2. The Company's liability to the Client for damages for negligence or breach of contract shall be limited (to the extent permitted by law) to the Company Fee were the Claim to have been concluded at the value initially expected by the Company and notified to the Client.
8.3. Any claim by the Client for damages must be notified to the Company as soon as the Client believes that he has such a claim. Any unreasonable delay in this regard shall preclude any claim and exonerate the Company from liability.
. Liability of the Client to the Company
9.1. The Client shall pay to the Company:-
9.1.1. The Company Fee when the same shall become due;
9.1.2. Interest on any element of the Company Fee that shall remain unpaid from and after 14 days after the same shall have fallen due; and
9.1.3. A penalty charge if any information provided (or omitted to be provided) to the Company shall be misleading or inaccurate in any material respect. The penalty shall be the amount as would be recoverable by the Company in an action at law for damages for the breach by the Client of the terms of this Contract.
10. Non Payment of Invoice – Without exception, all invoices must be paid in full within 14 days of issue. The cost of any telephone call and Invoice reminders may be added to the outstanding debt as follows:
- £30.00 + VAT per subsequent telephone call and/or written reminder.
- £50.00 + VAT per solicitor’s letter before action.
- The cost of any Debt Collection Agency or County Court Action will be added to the outstanding debt with statutory interest, pursuant of Section 69 of the County Court Act 1984 until the debt is paid in full.
11. Confidentiality - The Company and the Client shall (save for any regulatory requirements to which the Company may be subject) keep the terms and the subject matter of the Contract confidential and use the same for no purpose other than the proper performance of the purpose of the Contract. Any disclosure shall render the discloser liable to the other party to the Contract liable in damages unless the information disclosed shall already have been in the public domain. This obligation shall apply during the term of the Contract and for six years thereafter.
12. Data protection
12.1. The Company is authorised to receive and maintain clients' data under the terms of the DPA and shall comply with the provisions thereof as to the retention of any data held for the Client.
12.2. If the Company receives a data request under the DPA in respect of the Client it shall comply with such request on payment of a fee to the amount permitted under the DPA or any regulations made thereunder from time to time.
13. VAT - VAT shall be paid by the client in addition to any fee due to the Company under the Contract - whether on the Company Fee, a penalty charge or an Administration charge. As of January 1st 2011, VAT will be charged at 20%.
14. Force Majeure - Neither party shall be liable to the other for any delay or other failure to discharge obligations by reason of any cause outside the control of that party and the time for the performance of that obligation shall be extended beyond the cessation of that cause.
15. Assignment - The Company (but not the Client) shall have the right to assign the Contract to a third party regulated by the Ministry of Justice for the purpose of managing financial claims.
16. Third party rights - no person, firm or company (save an assignee) who is not a party to the Contract shall have (in compliance with the provisions of the contracts (Rights of Third Parties) Act 1999) any rights to enforce any element of this Contract.
17. Severability - If any provision or provisions of this Agreement (or of any document referred to herein) is or at any time becomes illegal or invalid or unenforceable in any respect the same shall be severed from these terms and conditions and the remaining terms shall remain in full force and effect.
18. Waiver - No failure or delay in exercising any of the Company's rights or obligations shall constitute a waiver thereof or of any consequent rights.
19. Representations - Each Party hereto acknowledges that, into entering into this Agreement, it does not do so in reliance upon any representation, warranty or other provision except as expressly provided in this Agreement, and any conditions, warranties or other terms implied by statute or common law are excluded from this Agreement by the fullest extent permitted by Law.
20. Entire Agreement - Save as maybe qualified by the terms of this Agreement then the Contract (including these terms and conditions) is the entire agreement between the parties. No change to the terms of this agreement shall be valid unless it is signed by a director of the Company and by the Client.
21. Complaint - any complaint by the Client must be made in writing and notified to the Company (see Clause 4). The Company shall respond to any complaint in accordance with the Complaints Process a copy which has been provided to the Client prior to the commencement of this Agreement
22. Jurisdiction - This Agreement is governed by English Law and the parties agree that the English courts will have jurisdiction.
23. Disputes - Any dispute under or arising out of this Agreement shall be referred to a single arbitrator who shall be a suitably experienced barrister of no less than 7 years standing but in other respects the dispute shall be dealt with in accordance with the provisions of the Arbitration Act 1996.