Services Offered – Packaged Bank Account Claims
36% inc VAT
Example: If your claim succeeded and you were refunded £1000 by your lender/bank – you would pay the firm
Read the Terms and Conditions
Check the Complaints Procedure
Check the Fees and Charges
Arch Hall Limited
2 Park Avenue
Cheshire M33 6HE
0845 121 5161
Further Research –
Arch Hall Limited – is a registered company in England and Wales (Company Number: 8662120) Ltd on Companies House
View on Ministry of Justice Website – Authorised – CRM33475
TERMS AS AT 6th FEB 2016
PPI Example Terms and Conditions
Fair Trading Statement
These terms and conditions and the letters of authority are legal documents which form an Agreement between You and Arch Hall Limited (“Arch Hall, We or Us). In this agreement You are appointing Arch Hall to make a claim or claims on your behalf to obtain compensation for mis-sold Payment Protection Insurance (“PPI”). There are other ways for You to pursue claims for PPI against your lenders/brokers without the assistance of Arch Hall. Alternative methods include, but are not limited to:
(a) making a complaint yourself
(b) referring the matter to the Financial Ombudsman Service/Financial Services Compensation Scheme
(c) appointing a legal representative.
Some of these methods do not require You to pay fees out of any compensation awarded. Also, there are similar organisations to Arch Hall who charge a fee for providing similar services.
If you have been introduced to us by a third party, we may share up to 50% of any fees we receive from you with this Introducer. This does not increase any fee payable by you. You should never pay a fee to be introduced to us and should inform us immediately if you are asked to do so.
If You appoint Arch Hall to conduct your claims, we will charge You a fee based upon a proportion of any compensation awarded. If you do not receive compensation, there is no fee payable. You may receive your compensation in cash or, where You owe any amounts to your lender/broker (in the form of overdrafts, loans or other borrowings), by a reduction in the amounts owed. You will still be responsible for paying our fees however the compensation is received. If You do not receive any benefit from an award of compensation because it is set off historic arrears, there are no fees payable. You cannot be worse off than if You had not made a claim.
In signing this Agreement, You will be appointing Arch Hall to act for You on the detailed terms and conditions set out below and You are also confirming that You have understood the options and considerations set out in this Fair Trading Statement. After signing this agreement You are entitled to a cooling off period of 14 days as set out in paragraph 7.1 below
1. What Arch Hall Will Do For You
1.1 We will help You seek compensation from your lenders/brokers in respect of mis-sold PPI.
1.2 We will obtain information from You as is necessary to issue a claim or claims against your lenders/brokers.
1.3 We will need You to sign a ‘Letter of Authority’ for each lender/broker. This gives the lender/broker authority from You to deal with us directly.
1.4 If we believe, based upon the information You provide, that there is sufficient reason to seek compensation from a lender/broker, we will make a claim on your behalf and deal directly with the lender/broker, sharing all relevant information as necessary.
1.5 We will request that your lenders/brokers investigate all Your accounts held with them, whether these remain active or have been settled or closed.
1.6 We will endeavour to provide as swift a resolution to your claim as is reasonably possible within the constraints of the actions of your lender/broker and regulatoryrequirements.
1.7 If your lender/broker rejects your claim and we consider this to be incorrect, we will refer your claim to FOS/FSCS on your behalf
2. What Arch Hall Limited Will Not Do For You
2.1 We will not advise You to pursue a claim that in our opinion has no realistic chance of success, or where the amount in issue does not in our opinion justify the likely work involved, and we reserve the right to cancel this Agreement if we form this opinion.
2.2 We will not guarantee that a specific sum will be recovered in a claim or that any claim will be successful. Any estimate that You request about possible levels of compensation is likely to be based on limited information and You should not base your decision to go ahead upon any estimate provided.
2.3 We will not accept an offer of compensation without your agreement.
2.4 We will not give, or offer, You legal or financial advice or advise You on whether You should accept an offer or not.
2.5 We are not responsible for any losses or consequential losses, however they arise, due to a breach or the conduct of this agreement other than if due to fraud or negligence.
2.6 We will not inform HMRC or any third parties who may have an interest in any compensation received and this will remain your responsibility.
3. Your Responsibilities
3.1 You will not ask Us to act in an inappropriate, improper or unreasonable way and You will not ask Us to act for You where You hold any form of legal expenses insurance or any other mechanism which would/could cover, fully or partially, the costs incurred for making a PPI claim
3.2 You will be true and honest in the information You provide. You will not deliberately mislead Us and You will inform us of any historic arrears with your lender. We will rely on this information when making your claim. We will not audit, test or check this information or documents except where this is consistent with our obligations under the law. During this agreement You will let us know immediately of any changes to the information You provide.
3.3 You will sign and return required documentation as soon as possible. Any delay on your part could harm your chances of obtaining compensation or delay the process of seeking a settlement for You.
3.4 You will immediately refer to Us any direct communications from a lender/broker.
3.5 We will manage your claim for You but we may, from time to time, require your instructions or further information. We will need your co-operation and clear instructions assoon as possible to enable us to progress your claim.
3.6 You will not pursue a claim against your lender/broker for the recovery of your PPI yourself or via any 3rd party.
3.7 For the duration of this agreement You will refrain from entering into discussions with your lender/broker relating to PPI and instead refer them to Arch Hall .
3.8 It is normal for tax to be deducted from the statutory interest element of your award at the basic rate. Should your compensation not have tax deducted, it is your responsibility to notify HMRC of any award received.
3.9 You will notify us if you receive an offer or receive compensation and you will pay any fees due on time as set out in Paragraphs 4 and 5.
4. Our Fee
4.1 If we do not succeed in obtaining an award of compensation from your claims taken together You pay us nothing. The only exception may be if You cancel your agreement before an outcome has been reached in which case fees may become chargeable in line with clause 7.2.
4.2 With mis-sold PPI claims your compensation may be in the form of cash, a reduction of existing debt; or other form of redress. You remain responsible for the payment of our fees however your compensation or redress is obtained in accordance with clause 5.1
4.3 We charge 42% (including any applicable VAT) on your compensation. Your compensation is the total financial benefit to You including repayment of premiums, all interest incurred, statutory interest at 8% on the money recovered and other compensation payments but before any deduction of income tax on statutory interest awarded. Our fees are based upon a proportion of Your compensation, not the cost of the work done so may be less or uplifted from our costs.
4.4 The benefit may be received either from a cash lump sum or by the reduction in borrowing with your lender. For Example:
a) If a cash lump sum of £1,000 is awarded as compensation, our fees would be £420. You would receive £580 less any tax deducted.
b) If You owe amounts to your lender in the form of loans, credit card balances, or similar debt of say £3,000 and You are awarded £1,000 compensation to be deducted from the amount you owe, your debt will be reduced to £2,000. Our fees will be £420 which are based upon the reduction in debt.
c) If You do not owe anything to your lender/broker, You will receive your award in a form of a cheque or bank transfer. If you owe money to the lender it is likely your compensation would be used to reduce the amount You owe. Our fees are payable however the compensation is received whether you receive it all or partly in cash or there is no cash paid at all as part of your compensation.
d) If You have borrowing with arrears or is subject to an insolvency arrangement, your compensation may be fully or partly used to off-set those arrears or may be sent and kept by a Trustee, Supervisor or the Official Receiver. In these circumstances no fees are payable on the amount offset or kept.
5. Non Payment of Invoice
5.1 When You receive your offer directly from lenders/broker, you must notify us and we will send You a request for payment. Where You receive your compensation in the form of cash, You must notify us and You will need to pay the amount as set out on the request for payment when you receive your cash from your lender/broker. If your compensation is given in another way, not in the form of cash, payment is due 14 days after the date of the request for payment. When You pay us You will be sent a Vat invoice.
5.2 If You do not pay on time, the costs of any telephone calls and invoice reminders may be added to the outstanding debt at the following amounts: Second and subsequent written reminder £10+VAT, Second and subsequent telephone reminder-£5+VAT, Solicitors Letter Before Action (LBA)- £50+VAT.
5.3 The costs of any county court action (£25-£555) will be added to the outstanding debt together with statutory interest, pursuant to section 69 of County Court Act 1984 until the debt is repaid in full.
5.4 If we have to forward your debt to a third party company to facilitate the recovery of the debt, any costs incurred in doing so will be added to the amount owed.
6.1 Unless otherwise instructed, we shall communicate with You by telephone, email, SMS, letter or, where appropriate, courier services.
6.2 Transmission of emails on the internet or otherwise has inherent risks. We shall not have any responsibility or liability to You where any email is lost, delayed, intercepted, corrupted or otherwise altered, rendered incomplete.
6.3 We shall accept instructions from You in writing, by telephone or email. However, we will need some instructions in writing in respect of the conduct of your claim and may ask for written confirmation where you have given us a verbal instruction.
6.4 To enable us to provide the optimum service to You, there may be occasions when we need to contact You by phone without your express invitation, and You may do so. We shall contact You only between 09:00 and 20:00 Monday to Saturday.
6.5 We cannot accept instructions from third parties in the conduct of this claim.
7. Cancellation and Refunds
7.1 You may cancel your agreement with us within fourteen (14) days from the date of your signature below for any reason without liability. If You wish to withdraw from your agreement, You need to give us a clear instruction to do so.
7.2 Should You cancel your agreement with us and You are over your fourteen (14) days cooling off period we are entitled to charge a reasonable and proportionate fee for the work carried out on your behalf until the date of cancellation. Currently we charge a rate of £50 per hour for the work done.
7.3 Should an offer of settlement be made prior to cancellation our fee set out in clause 4 will remain payable.
7.4 We can cancel this agreement at any time if You have breached your duties set out in section 3.
8. Conduct of Engagement
8.1 We will start your claim once You return the completed documents. We reserve the right not to start your claim until the expiry of your 14 day cancellation period.
8.2 We will endeavour to complete your claim as soon as is practicable but this is largely governed by the processes of the lender/broker which is not in our control. We expect your claim to be resolved within a period of 6 to 20 weeks, If we make a claim to FOS on your behalf, this may take up to 24 months.
8.3 This agreement will continue until your claims are resolved or such time as this agreement is cancelled in accordance with clause 7.
9. Data and Confidentiality
9.1. 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 1988. You expressly consent that we may carry out such processing of such data as is necessary to enable us to process your PPI claim 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 your 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.
9.2 You have a right under the 1998 Act to request a copy of all personal data held by us about You. A copy of all the information we hold can be requested by sending a £10 cheque made payable to Arch Hall to the address on this contract.
10. Complaints Policy
10.1. If at any time You wish to make a complaint about any aspect of the advice or service You have received, You can complain to us by phone, email or in writing per the attached complaints procedure. The matter will be dealt with in conjunction with our internal complaints handling procedure. Additional copies of this procedure are available upon request or can be viewed on our website. Complaints Policy
11. Whole Agreement
11.1 The agreement contains all the terms between You and Arch Hall. If You believe that these written terms contradict anything previously agreed verbally You must inform us immediately. In such circumstances we will clarify which terms apply to the contract between us. This Agreement shall not be enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not party to the Agreement.
12.1 Force Majeure – Arch Hall is not liable for failure to perform its obligations if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity or telephone service.
12.2 This agreement is governed by English Law.
In signing these terms and conditions You are confirm to Us that
You have carefully read the information enclosed including the Terms & Conditions, Letter of Authority and Questionnaire
You believe that You were mis-sold PPI and wish to pursue a claim or claims against your lenders/brokers.
You have considered the options set out in the Fair Trade Statement and appoint Arch Hall to act for You in making these claims for mis-sold PPI, with each of the lenders/brokers with which You have signed a Letter of Authority in favour of Arch Hall, on the detailed terms and conditions set out above.
You give Arch Hall full authority to refer the Claim to the Financial Ombudsman Service if this is believed to be in your best interest.
You recognise that You have a 14 day cooling off period starting from the earlier of the date of your signature below