Terms and Conditions
1. Terms & Conditions
1.1. These terms and conditions explain our services to You as our client and your obligations to Us (Claim People Limited is regulated by the Claims Management Regulator in respect of regulated claims management activities. Authorisation number: CRM25526).
1.2. The company intends to rely upon the written terms set out within these Terms & Conditions. We do not make any other promises about our Terms of Business. Ordinarily they need to be varied with our written agreement signed by a director.
1.3. You need to read these terms carefully. These terms are also available on our website at www.ClaimPeople.co.uk/Terms. We cannot accept responsibility for you failing to read them.
2.1. We provide a variety of services by phone, internet, mail and other means. These include acting as a Claims Management Company specialising in claims for incorrectly sold financial products. We are not responsible for tax advice regarding the services we provide, nor for legal advice regarding any services other than for the pursuing of financial product mis-sale or advice and you must rely on your own expert advisers in any other fields. By signing an Authority Form you agree to be bound by our standard Terms & Conditions and authorise us to act on your behalf.
2.2. When you sign the Authority Form, you are agreeing to abide by our standard Terms & Conditions. We acknowledge your instructions expressly or by acting upon them. We treat you as our Client. We accept no liability or obligation to any third party whether or not you may be acting as their agent, fiduciary or intermediary. Even if you disclose their identity to us and you are acting in such a capacity, your obligations to us remain unaffected. We are entitled to act on any oral or written instructions we receive from you or anyone we believe is authorised by you to give them.
2.3. We will request and gather documentation and information that we believe are relevant to your claim or claims for compensation. We will consider and review this information and confirm whether we will go ahead with a claim as outlined in paragraph 2.1 above.
2.4. We will review any offers of settlement made by any person against whom the claim has been made. If we receive an offer of settlement which is unreasonable, we will recommend that you reject the offer.
2.5. We will meet our responsibilities as a claims management company in accordance with all relevant regulations at the time of our dealings with you. Claim People Limited is regulated by the Claims Management Regulator in respect of regulated claims management activities.
2.6. We will provide our services with reasonable skill and care.
2.7. We are a Claims Management Company and our service to you shall be the handling of your complaint about your Lender for the potential mis-selling of financial products. Once you sign the Letter of Authority, we shall review your claim and then send your complaint to the Lender. We shall continue to liaise & co-operate with the lender to ensure the smooth running of your Claim. Your claim will be deemed as successful if you are awarded a return of any of the money that you have paid in respect of the financial mis-selling of any product. This will be awarded to you via either a lump sum payment, or an amendment of your existing loan term. The payment method adopted will depend on your circumstances.
2.8. You understand that you can seek an alternate Claim Management Company to handle your claim or that you can pursue the claim yourself without paying us for our services. The Financial Ombudsman Service or the Financial Services Compensation Scheme, are alternative mechanisms available to you for pursuing a claim, free of charge.
2.9. You have the right to cancel your application within 14 days of signing the Letter of Authority. If you wish to cancel your application, you must write to Claim People notifying us. Any such requests should be made to the Cancellations Manager at the address in paragraph 14.1.
2.10. You may cancel after the 14 day cooling off period referred to in paragraph 2.9 however we reserve the right to charge a reasonable fee to reflect the work carried out up to the point where your cancellation is received in accordance with paragraph 11.2. Reasonable costs are as follows: time spent on case at £94 per hour.
To help us provide the service to you, you:
3.1. Agree to give us any documents and information we ask for as soon as possible and no later than 14 days of receiving our request;
3.2. Must not give us information or documents which are misleading;
3.3. Must co-operate fully with all reasonable requests we may make including providing evidence as a witness if necessary;
3.4. Agree not to contact the person against whom the claim is being made about the claim, unless we agree that it is necessary;
3.5. Must let us know immediately if there are any matters, circumstances or events which will affect the claim or our ability to provide the services;
3.6. Notify us within 24 hours if the person against whom the claim is contacts you;
3.7. Advise us immediately if you receive an offer from the person the claim is against;
3.8. Not discuss or accept any offer with a lender without first referring the offer to us.
4.1. Our services are subject to restrictions laid down by law and regulations or imposed by market conditions.
4.2. You authorise us to do anything we consider appropriate or necessary to provide the services and comply with applicable laws and regulations. You agree to ratify everything we do lawfully in exercising such discretion.
4.3. We have no obligation to do anything we believe would breach such restrictions. We have an absolute discretion to refuse to accept instructions without having to give reasons for doing so. If we decline to act, we shall take reasonable steps to let you know promptly, you shall be given at least 14 days written notice at any time.
5.1. To provide the services, we charge a fee of 39% + VAT of any compensation which is paid (or offset by a lender i.e. against any arrears balance) for each claim that we make on your behalf. We only charge for monies refunded by the person whom the claim is against whether that be a cash refund or offset against arrears of default balance. We do not charge in relation to any reduction in loan balance for future unpaid premiums.
For examples of how our fee is calculated please see the example fee table below.
All compensation is ‘cash in hand’
Compensation includes ‘cash in hand’ award with future instalment reduction
Compensation is used to offset arrears consumer has on credit card or loan
|Of which cash is
||Of which cash is
||Of which cash is
||Set off arrears
|Fee charged @ 39%
||Fee charged @ 39%
||Fee charged @ 39%
|VAT @ 20%
||VAT @ 20%
||VAT @ 20%
|And no reduction in loan as it is already paid off in full
||And a reduction of £1,200 in the future loan instalments
||And a reduction of £1,800 in their outstanding arrears balance
5.2. We will charge our fees irrespective of whether you accept any offer the lender makes to you provided that the offer is deemed to be reasonable. The test of reasonable will be with reference to the Financial Ombudsman Service guidelines for calculating redress and the specific circumstances of an individual claim. We will calculate the amount of the fee in line with paragraph 5.1 above.
5.3. Please note that in the case where your claim is deemed as successful, if your account is in arrears then there is a possibility that any award will be used to clear these arrears. Furthermore, if the credit card we have complained about remains open with an outstanding balance, there is a possibility that your redress will be utilised to reduce your balance.
5.4. In the event of a dispute regarding the level of our fee this should be submitted to us in writing to the address at paragraph 14.1 below. If you wish to channel your dispute to a representative in person, please call us beforehand in order to arrange an appointment. Alternatively, you may notify us by telephoning 0800 007 5199 and ask to speak to our Claim People Manager; or by emailing: firstname.lastname@example.org.
5.5. You must pay our invoice within 14 days of receipt of funds from the defendant whom the claim is against. Any amount you have left to pay beyond this date will build up interest at the rate of 3% per annum above the base rate from time to time of the Royal Bank of Scotland plc. We will charge interest on the outstanding amount each day from the time it becomes due to the date you make payment or agree terms for the outstanding amount.
5.6. If you give notice to end this agreement (in accordance with paragraph 11.2) and after we have received an offer from a defendant the fee set out in paragraph 5.1 will become due. Should the fee not be paid we reserve the right to charge interest as referred to in paragraph 5.5.
6.1. To communicate in writing we may use the last postal address you give us. Please note that to improve our service we can and may monitor and record any telephone conversations with you for security, training and evidential purposes.
6.2. When we provide the service to you, we will ask you for information about your personal and financial situation. We may gather some of this information from other people or organisations (for example your loan broker or provider or your professional advisors)
6.3. The information we gather about your personal and financial situation may be classed as ‘personal data’ or ‘sensitive data’ under the Data Protection Act 1998.
6.4. By returning the signed letter of authority to us, you give us permission to;
6.4.1. process your information (whether this means gathering, recording or holding it) in whatever way is necessary to enable us to carry out your instructions.
6.4.2. disclose such information to such advisors including solicitors or other organisations as we believe is necessary to enable us to provide to you the services. For example, we may have to disclose such data to one or more product providers in order to obtain quotations or projections for you as part of your claim.
6.4.3. hold your information in our files for as long as is necessary to provide the services or in line with our policies (which currently say that we must hold for six years), whichever is longer; and
6.4.4. let you know by e-mail, SMS, post, fax or phone about any other goods or services which we feel you may be interested in, We will use our knowledge of your personal and financial situation to judge what may suit you best. If you wish not to receive information on other goods or services you may opt out immediately by ticking the box in section 6.8, contacting one of our advisors or by writing to our customer services manager at the address set out in paragraph 14.1.
6.4.5. Unless you opt out or make Us aware that you are registered with a telephone preference service you will receive marketing communication from Us in-line with section 6 6.5. By agreeing to these terms you also give us permission to disclose your personal data to selected third parties so that they can provide you with information about their goods or services by post, e-mail, SMS or phone. If you wish not to receive information on other goods or services You can contact our customer services manager at the address set out in paragraph 14.1 or may opt out as detailed in paragraph 6.8.
6.5. By agreeing to these terms you also give us permission to disclose your personal data to selected third parties so that they can provide you with information about their goods or services by post, e-mail, SMS or phone. If you wish not to receive information on other goods or services You can contact our customer services manager at the address set out in paragraph 14.1 or may opt out as detailed in paragraph 6.8.
6.6. If you ask us in writing we will (for a fee of no more than the maximum fee set out in the Data Protection Act 1998), provide details of the information we hold about you. You agree to tell us if any of the details are incomplete, inaccurate or out of date.
6.7. If you ask us in writing, we shall provide you with details of other people and organisations (referred to in paragraph 6.5) to which we have disclosed information about your personal and financial situation.
6.8. If you wish not to have details about yourself or your personal and financial situation shared with third parties (referred to in paragraph 6.4.4 or 6.5) please contact us at the address in paragraph 14.1.
7.1. If you authorise anyone else to give us instructions, any action we take on their instructions will be binding on you.
7.2. If there are joint applicants each has authority to deal with us for the other. Notice to one is notice to both. We can require joint instructions.
7.3. If instructions from different joint applicants are inconsistent, we can choose to take no action until we receive satisfactory instructions
7.4. To withdraw any authority you must notify us in writing.
8. What happens if your claim is not successful?
8.1. If your claim is not successful we will (if appropriate) refer your case to the Financial Ombudsman Service for adjudication. We will not use the Court Service and will not risk costing you any money other than our Charges, detailed within our Terms of Business.
8.2. Furthermore, if any claim is not successful or if we consider that your claim is unlikely to be successful, you do not have to pay us any fees in relation to that claim unless;
8.2.1. we have to end the agreement because you have broken this agreement. If that occurs then we will be entitled to recover our reasonable losses; or
8.2.2. we were not able to make the claim due to the cancellation of the agreement by you (other than due to us having broken the agreement or your existing rights to cancel in accordance with paragraph 2.9). If this occurs we will be entitled to recover such charges as reasonably reflects the work done. This does not affect your liability to pay fees in relation to any other claim that we make on your behalf
9.1. We aim to provide you with a service to claim compensation in line with these terms and conditions. However, if at any time you want to make a complaint about any part of the service we have provided, please write to the Complaints Manager at Third Floor, Dale House, Tiviot Dale, Stockport, SK1 1TB.
9.2. We will look into any matter carefully as soon as we can, and we will do all we can to settle your complaint in a way you are satisfied with.
9.3. for a copy of our complaints procedure write to our customer services manager at the address set out in paragraph 14.1. A copy is also available on our website at www.claimpeople.co.uk.
10.1. We shall not be liable for any direct or indirect losses which you may suffer in the event that your claim is not successful, if the reasons for the claim not being successful were either: beyond our reasonable control, or not caused by any breach on our part, or as a result of a breach by you of any term in this contract or if those losses were not foreseeable when the contract was entered into. (This clause does not extend to any liabilities which cannot be excluded or limited under applicable law).
10.2. Whilst every care is taken in the calculation of any claim which is made and the amount of any compensation that may be due, you acknowledge that in calculating any claim absolute accuracy may be difficult to achieve for a variety of reasons. Accordingly you understand and acknowledge that we shall not have any liability to you as a result of any shortfall resulting from any inaccuracy in the calculation of the claim by us unless such inaccuracy is proved to be as a result of our negligence or failure to exercise reasonable care and skill.
10.3. In the event that any of these terms (each of which is severable) is for any reason illegal, invalid or unenforceable, such provision is to be deemed modified sufficiently to render it enforceable, legal and valid and of similar effect as We intended. Apart from provisions expressly covering associate companies, nothing in these terms is enforceable by anyone who is not a party to them.
11. Changing these terms and conditions and ending the agreement.
11.1. We can change or replace any of these terms and conditions by giving you not less than 14 days notice. However if you do not agree the change, you may end the agreement by providing us with clear written notification to the address set out in paragraph 14.1; and this notification shall take effect immediately.
11.2. You can end this agreement at any time by providing us with clear notification; and this notification shall take effect immediately.
11.3. If this agreement ends it will not affect our obligations to you or your obligations to us that arose before it ended.
11.4. In the event that provision of these terms and conditions is held unenforceable, it will not affect the validity and enforceability of the remaining provisions and will be replaced by an enforceable provision that comes the closest to the intention underlying the enforceable provision.
12. Rights of people who are not part of this agreement
12.1. Nothing in this agreement benefits or is meant to benefit anyone other than you or us. Therefore, anyone who is not a named party to this agreement will not be entitled under the Contracts (Rights of Third Parties) Act 1999 to enforce this agreement or any part of it.
13. Reading the Terms of Agreement
13.1. To protect your interests, please read these terms and conditions carefully before signing the letter of authority as we intend to rely on the written terms set out in this agreement. If you are uncertain as to your rights you may wish to take independent legal advice first.
14. Giving notice
14.1. Whenever you need to give us notice or contact us, you should do this in writing and mark it for the attention of the customer services manager (or any other person named elsewhere in these terms and conditions for a specific purpose). You should send this to Claim People, Third Floor, Dale House, Stockport, SK1 1TB (or such other address, fax number or person as we may notify to you).
14.2. Whenever we need to give you notice or contact you, we will write to you at the address you gave us in the letter of authority (or any other address you gave us for this purpose) and deliver this letter in person or send it by prepaid first class post or recorded delivery. Or, we may send it by fax.
15. Governing Laws
15.1. The terms and conditions of use shall be governed by and construed in accordance with the laws of England and Wales.