1.1 “Claim(s)” means the Client's claim or claims against the Company relating to the mis-selling of a payment protection insurance policy or policies; or the application of unlawful charges to the account (s) 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 PPIClaimStart.com to provide the Services;
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 Advisor 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 or awarded in respect of any claim made by us on or on your behalf. This includes “benefits”, redress, gestures of goodwill, refunds, discounts, any reduction in the loan outstanding and/or any interest or capital recovered. Where such an offer is revised on appeal, then the higher amount shall be used in order to calculate the amount of compensation;
1.5 “Benefit” means all non-monetary benefits in whatever form including but not limited to all benefits that will arise from any waiver, cancellation, reduction, saving, deduction or rescheduling of any outstanding or future loan interest payments, credit payments, premiums, charges or other interest or administrative payments or any other savings, inducement, discount or rebate offered in relation to any other products or services offered by the Company or persons connected to the Company.
1.6 “PPIClaimStart.com” means PPIClaimStart.com, a limited liability company and a third party claims handler, registered in England and Wales with number 05682279 having its registered office at Vernon Road Stoke On Trent Staffs ST4 2QY
1.7 “Fee” means the fee of 20% plus VAT of the Compensation, payable to PPIClaimStart.com for the Services carried out by it. For example, if we recover £1,000 compensation, our fee would be £200.00 plus VAT.
1.8 “Letter of Authority” means the letter included in the claim pack to be sent to the Company from the Client;
1.9 “Services” means the services provided by PPIClaimStart.com including assessing the viability of, preparing, submitting and negotiating your Claim; and 1.10 “Terms” means these terms of engagement.
2. Conduct of Engagement
2.1 By signing and returning the Letter of Authority, the Client hereby agrees to be bound by the Terms and appoints PPIClaimStart.com to provide the Services for such period as to allow PPIClaimStart.com to assess, and if reasonably possible, to complete the Claim.
3. The Client will:
3.1 by completing and signing the Letter of Authority give PPIClaimStart.com 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 by PPIClaimStart.com for authority, information and documents and further instructions that PPIClaimStart.com may from time to time require;
3.3 promptly inform PPIClaimStart.com of any relevant matters affecting the Claim;
3.4 Agree to the Company remitting the Compensation to PPIClaimStart.com and for PPIClaimStart.com to retain the Fee before paying the balance of the Compensation to the Client. Notwithstanding such agreement, should the Compensation be paid direct to the Client, PPIClaimStart.com will invoice the Client for the Fee which will become immediately due and payable by the Client to PPIClaimStart.com. If this fee is not paid in full within 28 days of the dated invoice it shall be deemed a termination of the Agreement and will fall under clause 3.6 below;
3.5 give PPIClaimStart.com the right to deal exclusively with the Claim. This means that you cannot appoint another person or firm to act on your behalf in respect of this claim, unless you terminate this agreement with us or unless otherwise agreed in writing by the Client and PPIClaimStart.com.
3.6 Not negotiate with the Company or the Financial Ombudsman Service in relation to the claim or accept an offer of redress which is made directly by the Company, by a person acting on the Company’s behalf or the Financial Ombudsman Service, without first discussing the offer with PPIClaimStart.com;
3.7 Pay our Fee if we are successful in winning your 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 pays no Compensation.
4. PPIClaimStart.com will:
4.1 rely on the information and documents provided by the Client to PPIClaimStart.com as being true, accurate, and complete. PPIClaimStart.com 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 which are pursued;
4.3 accept no liability for an unsuccessful Claim or for the amount of compensation paid to the Client;
4.4 promptly notify the Client if the Claim is not to be pursued. It is at PPIClaimStart.com.’s sole discretion to decide whether or not to proceed with the Claim at any time during the claims process but PPIClaimStart.com must act reasonably in taking any such decision;
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 PPIClaimStart.com, 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 How You Can Cancel This Agreement
5.1 You have 14 days (which starts from the date you signed the authority) to cancel your authority, instructing us to act on your behalf and you will have nothing to pay under this agreement.
5.2 You can cancel this agreement at any time after this by giving us 14 days’ prior written notice.
5.3 If you cancel the agreement in accordance with clause 5.2 above we reserve the right to charge a fee to cover our reasonable costs for the work undertaking in processing your claim up to the date of cancellation.
5.4 If at the time of cancellation described in 5.2 above we have received confirmation that the claim is to be upheld we reserve the right to charge our full fee.
6 How We Can Cancel or Change This Agreement
6.1 We can cancel this agreement by giving you 14 days’ notice in writing if any of the following events occur:
a) We become aware that your claim is unlikely to succeed;
b) You are declared bankrupt or have a bankruptcy petition presented against you;
c) You enter into an Individual Voluntary Arrangement with your creditors;
d) You do not follow reasonable recommendations made by us:
e) You provide information which you knew to be false or misleading in support of your claim and this information is material to the success of your claim;
f) You fail to respond to reasonable requests for information in a timely manner and this prevents us from providing the services; or
g) You breach a term of this agreement and you do not correct this breach within 14 days of receiving written notification from us detailing the action required to resolve the breach.
6.2 Subject to the notice period in clause 6.3 below we may change the terms of this agreement to reflect the increased cost of providing the service to you, to reflect changes or predicted changes in legislation, taxation or regulation or to make a term more easily understandable.
6.3 We will always give you at least 30 days’ written notice of any changes before they take place. If you are no willing to accept the proposed change you will be free to end the agreement and will have no further amount to pay under the Agreement except for the amount charged for cancellation in accordance with clause 5.3.
7.1 PPIClaimStart.com accepts no liability for any loss suffered by the Client by entering into this Agreement and specifically in the event that no Compensation is paid to the Client by the Company.
7.2 This agreement is governed by English Law.
7.3 We may transfer our rights under this Agreement by giving you 30 days’ written notice of such transfer.
7.4 You cannot transfer your rights under this Agreement but you can terminate the Agreement in accordance with clause 5 above unless this results from fraud on our part or our breach of contract.
7.5 PPIClaimStart.com is regulated by the Ministry of Justice in respect of regulated claims management activities; our authorisation number is 18550 which can be checked on the website www.claimsregulation.gov.uk
8. Governing Law
8.1 This Agreement shall be subject to the laws of England and Wales