PACKAGED BANK ACCOUNT TERMS OF BUSINESS

1. Definitions

1.1 “Client” means the person or persons entering into a Contract for the provision of Services by The Claims Company.
1.2 “The Claims Company” is a trading style of Claims Company (Cornwall) Ltd (Company Number 7926757) having it’s registered office 22 Pydar St, Truro, TR1 2AY.
1.3 “Claim” means the claim that the Client may have against the Company relating to the mis-sale of a packaged bank account.
1.4 “Company” means the product provider, bank or building society who is responsible for the sale of the policy to the Client and to whom the Claim is made and/or any agent or authorised representative of them.
1.5 “Redress” means the total compensation or refund offered by the Company whether paid directly to the Client or by way of reduction of the Clients outstanding debt, but excluding the surrender value of the Product where this forms part of the compensation or refund.
1.6 “Services” means the work which we will undertake on your behalf in respect of your Claim including assessing the viability of, preparing, submitting and negotiating your Claim and which is set out more specifically in clause 2.
1.7 “Contract” means the signed Authority & agreement between the Client and The Claims Company relating to the supply of Services incorporating these Terms of Business.
1.8 “Fee” means the fee of 20% + VAT of the total compensation payable.
1.9 “Authority” means the letter included in the Claim pack to be sent to the Company from the Client.
1.9.1 “Packaged Bank Account” means the Packaged Bank Account forming the basis of the Claim.
1.9.2 “PBA” means Packaged Bank Account.
1.9.3 “Financial Ombudsman Service” means the independent service for resolving disputes with financial firms provided by the Financial Ombudsman Service of South Quay Plaza, 183 Marsh Wall, London E14 9SR.

2. We Agree To

2.1 Review your Claim and assess the likelihood of the Claim being successful.
2.2 It is at The Claims Company’s discretion to decide whether or not to proceed with the Claim at any time during the claims process but The Claims Company must act reasonably in taking any such decision.
2.3 If we accept your Claim application, we will confirm this to you in writing, prepare and submit your Claim to the Company that sold you the packaged bank account.
2.4 Use our reasonable endeavors to obtain maximum compensation for the Claim.
2.5 Notify the Client of the outcome of the Claim, immediately after being informed ourselves.
2.6 Obtain your agreement before accepting or rejecting any offer or compensation.
2.7 Accept no liability for an unsuccessful Claim, or for the amount refunded to the Client. Unless the claim was affected by the negligent handling of the claim or the negligent handling of the claim resulted in consequential loss.

3. You Agree To

3.1 Provide The Claims Company with all such material and information requested or which the Client believes to be relevant to the Claim.
3.2 Respond promptly to any requests for information from The Claims Company, Company or Financial Ombudsman Service.
3.3 Provide full Authority to us to deal with the Company on your behalf.
3.4 Promptly inform The Claims Company of any relevant matters affecting the Claim and forward any documentation received from the Company in respect of the Claim.
3.5 Inform The Claims Company of any offer of Redress received directly by the Client if The Claims Company has not itself informed the Client of an offer.
3.6 Not to authorise any other party to perform the Services performed by The Claims Company, unless you terminate the agreement with us.
3.7 Provide truthful and accurate information regarding your Claim.
3.8 Pay our Fee due as a result of a successful Claim.

4. Fees

4.1 Our Fee is 20% + VAT of the compensation which we obtain for you as a result of a successful Claim.
4.2 For example, if we recover compensation of £2000, our Fee will be £480 and you will receive £1520.
4.3 Where the Company uses all or part of the Redress to reduce any of your account balances, our Fee of 20% + VAT is still payable. See example below: If we recover compensation of £2000, but the Company uses 1000 of the compensation to reduce the account balance. The £1000 remaining would be payable to you, but you would still be liable for the 20% + VAT Fee on the full £2000 recovered. So our Fee in this case would be £480.
4.4 We will not charge you if the Claim is unsuccessful.
4.5 On successful completion of a claim, we will send you an invoice for an amount equal to 20% + VAT of the compensation. You will have 14 days to make payment, when funds have cleared.
4.6 You agree to provide us with your account/card details on completion of your Claim, in order for us to take payment.
4.7 VAT of 20% will be paid by us. VAT no 133178917.

5. How You Can Cancel

5.1 The Client shall have the right to terminate the Contract within 14 days of signing the Authority and in that case shall not incur any Fee from The Claims Company. Notice should be made in writing to The Claims Company and will be effective from the date posted by the Client. The Client should obtain and retain proof of postage to verify the date posted. Cancellation can also be made verbally.
5.2 The Client has the right to terminate the Contract by providing The Claims Company written notice at any time. If the notice to terminate is received after any offer of Redress is made or receipt of any notification that the Claim has been upheld, the full Fee of 20% + VATof the Redress will be payable.
5.3 A cancellation form can be found on our website if required. continued...

6. How We Can Cancel

6.1 The Claims Company may terminate this Contract at any time where it believes that, due to material changes to circumstances surrounding the Claim or regulation changes, the case is unlikely to succeed.
6.2 Where the Client fails to meet any of the Clients obligations set out in paragraph 3, The Claims Company may terminate the Contract.
6.3 Where The Claims Company terminates the Contract; it will inform the Client in writing.

7. Complaints

7.1 If at any point you become unhappy with the service we provide to you or you have concerns about your bill then you should inform us immediately so that we can do our best to resolve the problem for you. We have a procedure in place which details how we handle complaints which is available at (details of how to obtain it). We have eight weeks to consider your complaint.
If we are unable to resolve your complaint then you can have the complaint independently looked at by the Legal Ombudsman. The Legal Ombudsman investigates complaints about poor service from claims management companies.
The Legal Ombudsman can investigate complaints up to six years from the date of the problem happening or within three years of when you found out about the problem. If you wish to refer your complaint to the Legal Ombudsman this must be done within six months of our final response to your complaint. If you would like more information about the Legal Ombudsman their contact details are as follows:
Visit www.legalombudsman.org.uk/cmc
Call 0300 555 0333 between 8.30am to 5.30pm.
Calls to 03 numbers will cost no more than calls to national geographic numbers (starting 01or 02) from both mobiles and landlines.
Calls are recorded and may be used for training and monitoring purposes.
For minicom call 0300 555 1777
Email cmc@legalombudsman.org.uk
Legal Ombudsman PO Box 6804, Wolverhampton, WV1 9WG
Do not send original documents to the Legal Ombudsman. They will scan any documents you send us to make computer copies and then destroy the originals.

8. General

8.1 This agreement is governed by the law of England and Wales.
8.2 You may not transfer your rights and obligations under this Agreement but you can terminate the Agreement in accordance with clause 5 above.
8.3 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 wish to pursue your complaint via The Claims Company.
8.4 I/We understand that in the event of a successful claim, my packaged bank account and all its benefits will be cancelled and it is my responsibility to arrange replacement cover if required.
8.5 Full details of The Claims Company internal complaints procedure are available upon request.

9. Debt Recovery

9.1 In the event The Claims Company takes steps to recover any Fee’s or other amounts due from the Client it reserves the right to cover all costs associated with the recovery, including but not limited to court fees, bailiff fees, debt recovery company fees and its own administration costs.

10. GDPR

10.1 Data is held in accordance with the Data Protection Act 1988. By providing us with your personal details you authorise us to share these details with any organisation, including the Company or the Financial Ombudsman Service for the sole purpose of pursuing your Claim. You agree for us to contact you with regards to any matter relating to your Claim, or if we feel we can offer you another service that will be of benefit to you. We will never pass your details to a third party not connected with your Claim without your prior consent.

11. Regulation

11.1 The Claims Company is regulated by the claims management regulator in respect of regulated claims management activities. CRM29481. Our registration is recorded on the regulators websitewww.gov.uk/moj/cmr.


The Claims Company © 2016, All Rights Reserved
Home       FAQ       Contact us