Terms & Conditions
1. Our Promise – Claims Inclusive (CI) will always act in your best interests when pursuing your claim and will always achieve for you the best result that is realistically obtainable.
2. Correspondence – It is important that if you receive any correspondence from the lender/insurer (the Firm), or their representatives, you should inform us immediately and forward it to us unanswered so that we may deal with this on your behalf.
This is particularly important with any offers made to you; we will evaluate any offers and advise whether we feel you should accept or reject them. It may prejudice your position if you have any dealings directly with the Firm.
3. Scope of the Work – The assistance we give you will relate to your claims against the lender/s Companies specified by you. We will look for the following: Payment Protection Insurance (“PPI”) policy or policies on any account with that Company, including: mis-selling; failure to disclose commission charges – Plevin Eligible Claim(s) or the application of unfair/unlawful charges to Your credit or debit cards or any related account with that Lender and or Company. We are not obliged to consider any issue or make any complaint or type of complaint, but if we commence a complaint about any matter for you, we will prepare it, deal with the Firm and we will, if you decide, refer the case to the appropriate arbitrator, such as the Financial Ombudsman Service (FOS). We will raise complaints about PPI including: mis-selling; failure to disclose commission charges – Plevin Eligible Claim(s) or the application of unfair/unlawful charges to Your credit or debit cards or any related account with any Firm that you specify, provided the complaint be legitimate based on the information you provide us. We may cease to deal with your case at any time if we believe the chances of success are not high enough, but if we do this before we have won, we will not be paid anything. If the arbitrator finds against you, or we do not refer the case to them, you still have the legal right to go to court. However we will not deal with this. The FOS is available without charge should you choose to deal with your complaint personally. We must advise you to consider if you have alternative mechanisms for pursuing your claim, such as legal expenses insurance, before deciding to allow CI to act on your behalf.
4. Costs & Charges – CI operates on a “No Win No Fee*” basis, which means the following:
Upfront charges: We will not charge you anything
If we lose your claim: We will not charge you anything
If we discontinue your claim: We will not charge you anything
If you are in breach of contract or if you wish to cancel the agreement you may be liable to a cancellation fee (see section 7 below)
5. Our commitment to you: Only if we are successful and win compensation for you, will we charge you our Success Fee of 24% inclusive of VAT (at the current rate). Please consider how you will meet the Success Fee invoice if the compensation is awarded in the form of a reduction in an outstanding balance or arrears.
|PPI Example: Offer Value||£1,500||Our Fee 20%||VAT current rate||Total Fee inclusive of VAT|
|Reduction of Loan||£750|
|Offset Against Account||£300||£60||£360|
|Balance of Arrears||Your Total:||£300||£60||£360|
6. Your commitment to us: lf we win compensation for you, you agree to pay our Success Fee of 24% (inclusive of VAT charged at the current rate) of the compensation awarded (see fee table) to Cl. If the Firm credits the compensation directly to your loan account, credit card or other credit facility, you agree and contract to pay CI our Success Fee plus VAT within 14 days of payment of the compensation. Compensation means total of any sums offered by the Firm as a result of a claim including, but not limited to: gestures of goodwill; interest; reductions in borrowings; reductions in loan repayments; reductions in arrears; repayments of premiums and compensation. If you fail to satisfy our invoice, we shall take steps to recover any fees due to us under this Agreement. In addition you will, at all times, keep us indemnified against all costs and expenses including but not limited to; Court fees, interest and administration fees of recovering those fees from you. If you independently accept an award based on a claim which relates to the same policy/policies upon which CI originally lodged the complaint, then you are still liable for the Fee. You agree that you will still be liable for our Fee if any reasonable offer of compensation, in line with the FCA and FOS guidelines, is rejected by you. You confirm that you have not made any previous claims on the policy/policies that CI are pursuing on your behalf and that the information and documents provided by you to CI as being true, accurate, and complete. If you receive an offer of settlement but do not inform us we will send you an estimated invoice for our fee. You have a right to shop around or claim without the help of CI, but once you have agreed to allow CI to act on your behalf you must not prevent CI from acting out the scope of the work.
7.Cancellation of this agreement and changes to these terms and conditions – By signing the letter of authority (or ‘engagement letter‘) you agree that you have had the opportunity to shop around and notwithstanding, specifically agree for us to go ahead with your claim. You have the right to cancel this agreement without charge by contacting us within 14 days of the date of this agreement. A cancellation form has been included with this Welcome Pack. By signing this agreement, you agree that we will begin work during this 14-day period, but there will be no charge for any work completed. Should you decide to cancel the agreement at any stage after this period, you may do so., however we reserve the right to charge you a reasonable fee based on the work we have completed at the time of your cancellation. This will be charged at a set fee of £50.00 per hour plus VAT. All cancellation requests can be made by telephoning us on 0333 444 0774 or emailing us at: [email protected] or writing to us at Claims Inclusive, Unit 6 Gemini Business Centre, 136-140 Old Shoreham Road, Hove, BN3 7BD. We can end this agreement by giving you 14 days written notice at any time. 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 to the change, you may end the agreement by giving us no less than 7 days’ notice. lf this agreement ends it will not affect our obligations to you or your obligations to us that arose before it ended.
8. Liability – Attaining a successful outcome may require the cancellation of your PPI. CI accepts no liability to you for any loss, including but not limited to; financial loss; loss of insurance protection or loss of goodwill, however caused, as a result of our handling of your claim(s). Nothing in these terms and conditions excludes or limits our liability for death or personal injury caused by our negligence or fraudulent misrepresentation or for any other liability that we are not permitted by law to exclude or (as the case may be) limit.
9. Complaints – Please see our complaints page for details of our complaints handling procedure.
*Fee payable if case is not pursued at client’s request, subject to cancellation rights.