Terms & Conditions
This document sets out the Terms of Engagement for the appointment of Financial Claims Made Simple Ltd to act on the Client’s behalf in all aspects of the administration and negotiation of the claim.
a. “Financial Claims Made Simple Ltd” means this firm, henceforth referred to as FCMS.
b.“Claim(s)” means the Client’s complaint or complaints against the company or companies relating to mis-sold financial products, including unfair commission charges as detailed in the claim summary and any additional products or claims which are discovered in the course of the investigation into the Client(s) complaint(s), including those held in joint or single names.
c. “Client” means the account holder(s) whose details are set out in the Letter of Authority and who have appointed FCMS to act on their behalf.
d. “Company” means the financial institution to whom the Letter of Authority is addressed, being the credit-card provider, lender, bank or other entity that provided the financial product which is the subject of the Claim, including, for the avoidance of doubt, any employee, director, agents, representatives and associates of said entities and/or any of their predecessors.
e. “Compensation” means any sums paid or awarded in respect of a settlement, goodwill gesture, policy refund or rebate as a result of FCMS’ complaint on behalf of the Client
f. “Fee” means the fee of 20% + VAT of the Compensation.
g. “Letter of Authority” means the letter included in the Welcome Pack to be sent to the Company from the Client.
h. “Services” means the services provided by FCMS including assessing the viability of, preparing, submitting and negotiating your Claim.
i. “Terms” means these terms of engagement.
2. Conduct of Engagement
a. By signing and returning the Letter of Authority, the Client hereby agrees to be bound by the Terms and appoints FCMS to provide Services for such a period as to allow FCMS to assess and, if reasonably possible, complete the Claim (unless the agreement is cancelled at the request of the Client (as per section 5 of this agreement) or by FCMS).
3. The Client Will:
a. By completing and signing the Letter of Authority, give FCMS his/her/their consent and full authority to deal with the company on the client’s behalf and to obtain relevant information from whatever source on a continuing basis.
b. Deal promptly with requests by FCMS for authority, information, documents or further instructions that FCMS might require.
c. Promptly inform FCMS of any relevant matters affecting the claim, such as direct contact from their loan or credit-card company.
d. Authorise the Company to pay any resultant Compensation to FCMS and for FCMS to retain the Fee before paying the balance of the compensation to the Client.
e. Inform FCMS within 7 days of the receipt of any payment of Compensation or offer of Compensation made by the Company, Financial Ombudsman Service or Financial Services Compensation Scheme.
f. Notwithstanding such agreement, should the Compensation be paid direct to the Client, FCMS will invoice the Client for the Fee which will become immediately due and payable by the Client to FCMS.
g. Give FCMS the right to deal exclusively with the Claim, unless otherwise agreed in writing by the Client and FCMS.
4. FCMS will:
a. Rely on the information and documents provided by the Client as being true, accurate and complete. FCMS will not check such information except where it is under legal obligation to do so.
b. Use its reasonable endeavours to obtain Compensation for the Claims which are pursued
c. Promptly notify the Client if the Claim is not to be pursued. FCMS reserves the right to decide not to proceed with the Claim at any time during the claims process but FCMS must act reasonably in taking such a decision.
d. Promptly notify the Client of the outcome of the Claim
e. As soon as is reasonably practicable following the settlement of a Claim and the payment of Compensation by the Company to FCMS, pay the Client the balance of the Compensation, after deducting the Fee.
f. Preserve confidentiality, including the Client’s personal information (even when this Agreement has terminated and the Client is no longer a client), save as expressly or implicitly authorised to the contrary including where disclosure is made at the Client’s request or with the Client’s consent in relation to pursuing the Claim or where otherwise required by law.
a. We may transfer our rights and obligations under this agreement to another organisation and we will always notify you in writing if this happens, but this will not affect your rights or our obligations under this agreement.
a. You are aware that you could complain directly to the Company at no cost, with the ability to take matters further with the Financial Ombudsman service or the Small Claims Court yet still wish to pursue your claim via FCMS.
b. You have the right to shop around and seek further advice; however you should also be aware that there are various time limits for making claims and any delays could potentially mean that you run out of time,
c. You have 14 days (from the date you signed the Authority) to cancel your authority instructing us to act on your behalf at no charge. This is subject to either verbal or written notice of cancellation being received within 14 days of signing the authority.
d. You may cancel at any time later and you will not be charged unless an offer or final decision is made by the Company, Financial Ombudsman Service of Financial Services Compensation Scheme before we receive your written notice of cancellation. In such cases, our usual fee will apply. For the avoidance of doubt, the date of the Company, Financial Ombudsman Service or Financial Services Compensation Scheme final decision is deemed to be the date of their final decision letter, or (if earlier) any other form of communication which confirms the outcome of the claim.
e. Financial Claims Made Simple is regulated by the Financial Conduct Authority in respect of regulated claims management activities – Permission No. 833865
7. Governing Law
a. This agreement shall be subject to the laws of England and Wales.
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