Terms & Conditions
1. Definitions
1.1"Claim(s)" means the Client's claim or claims against any Company relating to the mis-selling of Investments, credit, endowment policy or policies; a payment protection insurance policy or policies: or the application of unlawful charges to the account (s): a loan agreement or Mortgage of the client:
1.2"Client" means the policyholder/account holder(s), whose details are set out in the Letter of Authority and who have appointed My Claim Solved Ltd to provide the Service:
1.3"Company" means the Financial Institution and or persons to whom the Letter of Authority is addressed being the Insurance Company, Bank, Building Society, Credit Card Company or Financial Adviser or any other entity which sold the policy or gave the advice to the Client, or applied the unlawful charges (including for the avoidance of doubt any employee, director, agents, representatives and associates of said entities or any other entity and/or any of their predecessors);
1.4 "Compensation" means any sums Paid, awarded or offered as calculated at the time of the award as a result of the claim or any reduction in the balance of an outstanding loan resulting from the claim;
1.5 "My Claim Solved Ltd" means My Claim Solved Limited a limited liability company and a third party claims handler, registered in England and Wales with number 7718504 having its registered office at 8 St Pauls Road, Torquay, TQ1 3QF
1.6a "Fee" means the fee of 25% plus VAT of the Compensation, payable to My Claim Solved Ltd for the service carried out by it. For example, if we recover £1,000 compensation, our fee would be £250.00 (exclusive of VAT) and you would receive £700.00. If your loan was reduced by £2,000 our fee would be £500 (exclusive of VAT). If you receive a combination of loan balance reduction and compensation, our fee will be calculated upon the aggregate of the two. Where we pursue multiple claims, Fees are payable in respect of the Compensation awarded for each claim. Should compensation recovered not be payable to you (for example if you are subject to an Individual Voluntary Arrangement ) then unless otherwise agreed our Fee remains payable by you.
1.6b Interest will be charges at the rate of 1% per month, until paid in full, on any amounts due under this agreement that are not paid within 28 days of request. You agree to be liable for Any fees incurred in tracing, collecting or recovering funds due under this agreement.
1.7 "Letter of Authority" means the letter included in the claim pack to be sent to the Company from the Client;
1.8 "Services" means the services provided by My Claim Solved Ltd including assessing the viability of, preparing, submitting and negotiating your Claim;
and
1.9 "Terms" means these terms of engagement.
2. Term of Engagement
By signing and returning the Letter of Authority, the Client hereby agrees to be bound by the Terms and appoints My Claim Solved Ltd subject to the right his/her/their right of termination to provide the Service for such period as to allow My Claim Solved Ltd to asses, and if reasonably possible, to complete the Claim.
3. The Client will:
3.1 by completing and signing the Letter of Authority give My Claim Solved Ltd 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.
3.2 deal promptly with every reasonable request from My Claim Solved Ltd for authority, information, documents and further instructions that My Claim Solved Ltd may from time to time reasonably require. Failure to do so, within 7 days of notice repeating such a request will give My Claim Solved Ltd the right to terminate this Agreement forthwith and My Claim Solved Ltd shall be entitled to recover from the Client its reasonable costs incurred in investigating and pursing the Claim to the date of termination;
3.3 promptly inform My Claim Solved Ltd of any relevant matters affecting the Claim;
3.4 hereby appoints My Claim Solved Ltd as its agent for the purposes of collecting his/her/their Compensation payment and will sign such authority as reasonably requested by My Claim Solved Ltd to enable it to collect payment of Compensation The Client hereby agrees that My Claim Solved Ltd is entitled retain the Fee before paying the balance of the Compensation to the Client. Notwithstanding such agreement, should the Compensation be paid directly to the Client, My Claim Solved Ltd shall remain entitled to be paid the Fee and shall invoice the Client for the Fee which will become immediately due and payable by the Client to My Claim Solved Ltd. If this fee is not paid in full within 28 days of invoice then My Claim Solved Ltd shall be entitled to apply interest to the invoice at the County Court rate then prevailing and to pursue a claim for payment of the invoice;
3.5 gives My Claim Solved Ltd the right to deal exclusively with the Claim, unless otherwise Agreed in writing by the Client and My Claim Solved Ltd.
3.6 subject to clause 3.7 below, if this Agreement is terminated by the Client for any reason after the 14 day 'cooling off period', it will pay My Claim Solved Ltd either (i)if an offer of settlement has already been communicated to My Claim Solved Ltd , the Fee or (ii) if no offer of settlement has yet been communicated to My Claim Solved Ltd, the reasonable costs incurred by My Claim Solved Ltd in investigating and pursuing the claim at the rates set out in 3.9 below ;
3.7 if the Client terminates this Agreement but authorises My Claim Solved Ltd to proceed with the Claim, if the Claim is unsuccessful and no Compensation is payable to the Client, the Client will not be liable to pay the sum referred to in clause 3.6 above or any monies whatsoever in respect of the Claim; and
3.8 for the avoidance of doubt not be liable for any charge in respect of the Claim if the Claim is pursued and the Company awards no Compensation.
3.9 charges for My Claim Solved Ltd services shall be calculated by reference to the time spent by its staff in investigating and pursuing claims in behalf of the Client and shall be charged at the rate of £80 per hour (or part thereof) plus VAT, which time shall be chargeable in units of 6 minutes. Any disbursements incurred by My Claim Solved Ltd shall also be recoverable in the event of termination, those disbursements might typically include postage costs, copying charges, courier costs, etc.
4. My Claim Solved Ltd will:
4.1 rely on the information and documents provided by the Client to My Claim Solved Ltd which are warranted by the Client as being as being true, accurate, and complete. My Claim Solved Ltd will not audit, test or check such information or documents except where it is under a legal obligation to do so;
4.2 use its reasonable endeavours to obtain the maximum Compensation for the Claims pursued;
4.3 accept no liability for an unsuccessful Claim or for the amount of Compensation paid to the Client save where such foreseeable losses arise as a consequence of the negligent act or omission of My Claim Solved Ltd;
4.4 promptly notify the Client if the Claim is not to be pursued. My Claim Solved Ltd's shall have the discretion to decide whether it will proceed with the Claim at any time during the claims process but My Claim Solved Ltd must act reasonably in taking any such decision. In the event that it decides not to pursue a claim, it shall return all papers and other documents to the clients and shall charge no Fee;
4.5 promptly notify the Client of the outcome of the Claim;
4.6 as soon as is reasonably practicable following the settlement of a Claim and the payment of Compensation by the Company to My Claim Solved Ltd, pay the Client the balance of the Compensation, after deducting the Fee; and
4.7 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.
5. Disclaimer
5.1 My Claim Solved Ltd accepts no liability for any loss suffered by the Client under this Agreement or its conduct of the claim. Any liability for loss or consequential loss is specifically excluded save for foreseeable losses arising by reason of the negligent act or omission of My Claim Solved Ltd.
5.2 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 yet still wishes to pursue your complaint via My Claim Solved Ltd
5.3 Please note you have 14 days (which starts from the date you signed the authority) to cancel your authority, instructing us to act on your behalf.
5.4 Full details of My Claim Solved Ltd's internal complaints handling procedures have been provided to you already (which you hereby acknowledge) are available upon request or to view on our web site, www.My Claim Solved Ltd.
5.5 My Claim Solved Ltd is regulated by the Claims Management Regulator in respect of regulated claims management activities; our authorisation number is 29233
6. Governing Law
6.1 This Agreement shall be subject to laws of England and Wales
I/we hereby agree to these terms and conditions and instruct My Claim Solved Ltd to act on my/our behalf.
