Terms of Business
Terms of Business Financial Mis-selling Claims
1.1 "Administration costs" means a fee payable in accordance with paragraph 7.1 and 7.2 below.
1.2 "Claims" means the claims that you may have against the Opponent relating to the mis-sale of a Product and any other associated products that become part of that claim following its inception.
1.3 "Client" means the person or persons entering into a Contract for the provision of Services by the Company, hereinafter referred to as you or your;
1.4 "Company" means Go Claim Ltd having its registered office at Langdon House, Langdon Road, Swansea Waterfront, SA1 8QY, hereinafter referred to as we or us;.
1.5 "Compensation" means the total benefit of the redress or refund offered by the Opponent in settlement of the Claims.
1.6 "Contract" means the agreement between you the Client and us relating to the supply of Services incorporating these terms of business.
1.7 "Opponent" means the product, bank, building society, credit card company, broker or independent financial adviser who is responsible for the sale of the Product to the Client and to whom the claim is made and/or any agent or authorised representative of them.
1.8 "Products" means the insurance policy, penalty charges, mortgage, packaged bank account or investment forming the basis of the Claims.
1.9 "Services" means all or any of the services provided as required by the Client in respect of their Claims.
1.10 "Fee" means the amount payable to the Company as detailed in paragraph 4 below.
2. Application of Conditions
2.1 before you sign these documents we suggest you read through the terms and conditions and confirm that you are aware there are alternative mechanisms for pursuing this/these claims and that you have the right to shop around. If you have any questions regarding them please contact us before signing;
2.2 you should not enter into this contract if you are relying upon any statement, promise or representation made or given by or on behalf of us, which is not set out in the contract.
2.3 your signature on these terms and conditions constitutes your acceptance of our offer to provide the services to you, at which point the contract will be formed
2.4 this contract shall apply to each and every Claim for which you ask us to provide our Services
3. Provision of the services
3.1 Services we agree to provide are:
3.1.1 acting as your sole and exclusive agent with general authority to provide and administer your Claims to seek to obtain an offers of Compensation;
3.1.2 providing you with administrative support in relation to your claims;
3.1.3 where an initial complaint is rejected by the Opponent or any offer of Compensation is less than an amount that we consider fair and reasonable, we will review the decision and if appropriate, refer the case to the FOS or FSCS;
3.2 For the avoidance of any doubt, the Services shall not include the provision of financial advice. Our advice to you regarding any offer put forward by the Opponent will be based on information you have provided to us, together with the information supplied by the Opponent.
3.3 Where a Claim is referred to the FOS or FSCS and is not upheld by them, we will not take matters any further in respect of that Claim and this Contract will end in respect of that Claim.
4. Fees and Payment
4.1 If we fail to secure an offer of Compensation for you on a Claim, subject to paragraphs 7.1 and 7.2, no charge will be made for that Claim;
4.2 You agree to pay us a fee equivalent to 30% plus vat of any Compensation payment. Vat is subject to change and will be charged at the applicable rate at the time the fee is charged;
4.3 If you have been referred to us by one of our introducer organisations we may give part of our fee to them; this does not affect the way in which fees are calculated which will always be as set out above.
4.4 Compensation can come in the form of a cash settlement and/or loan balance or arrears reduction. For example, if your Opponent offers a full refund of your PPI and reduces your loan balance accordingly, without actually giving you a cash refund, you are still liable for the full Fee. The following are examples of how our Fee applies in different circumstances;
Example 1: You win £2000 compensation and receive the full payment into your bank account, you fee would be £600 plus VAT i.e. £720 and you would keep the balance of £1280.
Example 2: You win £1000 but only receive £800 cash settlement and a £200 reduction of the loan balance. Our fee would still be calculated on the full award of £1000, so our fee would be £300 plus VAT totalling £360.
Example 3: You win £5000 compensation but £4000 of it is used to clear arrears on your account and you receive £1000 into your bank account. Our Fee is calculated on the total compensation of £5000 and our fee would be £1500 plus vat totalling £1800.
4.5 If you are in arrears at the time of application, or in financial difficulty, you must ensure that you have alternative means of paying our Fee. You need to tell us about any arrears on your account so that we can consider whether it is still in your best interests to pursue the claim;
4.6 You agree to notify us within 5 working days of any Compensation payment, whether in part or full, made to you directly by your Opponent in connection with the claim we are handling on your behalf. Any payment received by you that we have not been notified about may accrue interest in accordance with paragraph 4.8 below. Upon receipt of notification of a payment made to you directly you will be issued with our Fee invoice based on the amount paid and agree to pay the Fee in accordance with paragraph 4.8;
4.7 If we secure an offer of Compensation from the Opponent which in line with FCA/FOS guidelines and you reject it then we reserve the right to terminate this Contract in respect of that claim and charge the Fee on the Compensation offer;
4.8 You agree to pay our Fee within 14 days of the date of our invoice being issued or receipt of compensation or confirmation from the Opponent that the compensation has been credited to your account or used to reduce arrears, whichever is sooner. Any outstanding balance will accrue interest at the statutory rate.
4.9 In the event the Company takes steps to recover any Fees due from the Client it reserves the right to recover all costs associated with the recovery, including but not limited to Court Costs, bailiff costs and its own administration charges.
Go Claim Limited
Suite 5&6 Crown House
5. Client Obligations - You shall:-
5.1 provide us with all documents in your possession that are relevant to the Claims.
5.2 promptly check, sign and return any documents we send you, respond promptly to any request for information from us, the Opponent, FOS or FSCS and send copies of any relevant correspondence received from your Opponent to us as soon as possible. Failure to do this will result in your claim being delayed.
5.3 provide necessary authority for us to perform the Services;
5.4 not authorise any other party to perform the Services;
5.5 ensure that all information provided to the Company, Opponent, FOS or FSCS is complete, accurate and not misleading; and
5.6 be aware that you have the right to shop around.
5.7 agree for the Company to pursue all possible claims against the Opponent under the provisions of this Contract unless the Client specifically states otherwise. This includes all accounts or policies held with the Opponent including but not limited to those advised from the outset.
5.8 not accept any settlement offers made directly to you before conferring with us;
5.9 notify us immediately in the event that you no longer believe that you may have been sold PPI on a claim which you have asked us to handle for you.
6. Limit of Liability
6.1 We shall not be in any way liable for any losses in the event that the Opponent, FSCS or FOS judges the Claim to be out of time unless such delay was caused by an act or omission of ours;
6.2 We shall not be liable for any loss resulting from failures or delays outside our control including but not limited to postal delays or postal delivery failures;
6.3 You acknowledge that we cannot guarantee the success of any claim;
6.4 You acknowledge that the receipt of statutory interest as part of your compensation payment may need to be included in your annual tax return;
6.5 You understand that any PPI policy which is the subject of a claim will be cancelled if that claim is successful.
7.1 Cancellation by you
7.1.1 You may cancel the Contract at any time by writing to us;
7.1.2 You have the right to cancel this Contract without charge within 14 days of the date on which you sign it. This is sometimes called a "cooling off period". If you wish to cancel you must inform us Go Claim Ltd at the address shown below, or by telephone 01792 293049 or by email to email@example.com You may use the model cancellation form which can be found on our website www.find-my-ppi.co.uk but it is not obligatory to use that form.
7.1.3 If you cancel the Contract more than 14 days from the date of signature of this Contract by you we reserve the right to charge for reasonable administrative costs incurred by the Company up to your cancellation. If your cancellation is made after the Opponent has made an offer, notified us of their intention to make an offer or informed us of the value of the Claims then our full fee is payable.
7.2 Cancellation by Us
7.2.1 We may cancel the Contract in respect of a Claim at any time if we consider the chance of success on that Claim is poor, in which case no charge will be due from you in respect of that Claim;
7.2.2 Where the Client fails to meet any of the Client Obligations, the Company may terminate the Contract and reserves the right to charge for administrative costs up to that date.
8. Law and Jurisdiction
8.1 The law applicable to this Contract shall be English Law and the parties consent to the jurisdiction of the English courts in all matters affecting this contract.
9.1 The Company reserves the right to transfer or assign its rights and obligations in this Contract to a third party, provided that the person we assign the contract to is capable of performing our obligations and that such assignment does not amend the terms of this agreement. Should such a transfer or assignment occur the third party shall hold no greater right and no less liability than the Company holds in this agreement. The Company, or the third party to whom the transfer or assignment is made, shall inform you of any such transfer or assignment prior to its completion. Upon completion of such transfer or assignment the Company’s liability to you under this Contract shall cease.
9.2 This agreement is personal to you; you do not have any right of transfer or assignment.
10. Data Protection
10.2 Data collected by us during the course of the Services will be used for the purpose of the Services. Where we intend to use personal details to inform you about other services, we will give you the opportunity to require that such information is not to be used in this way.
11. Force Majeure
11.1 We shall not be liable for any delay or failure to perform any part of the Services as a result of any factor beyond our reasonable control.
12. Internal Complaints
12.1 If you are unhappy with our service you may complain by telephone, email, letter or in person. Please address the complaint to the Client Care Manager who will investigate the complaint in accordance with our internal Complaints Policy. This is available on the website at www.find-my-ppi.co.uk and we will also provide a copy on request. If you are not satisfied with our handling of your complaint you can ask the Legal Ombudsman to consider the complaint. Full details can be found in our Complaints Policy.