TERMS OF BUSINESS OUR REFERENCE:
For the appointment of Hardwick Financial Solutions Limited (HFS) to act on the Client's behalf for the purpose of claims administration and negotiation.
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 HFS Limited 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 C ard 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 total of any sums offered by the Company as a result of a Claim, including but not limited to gestures of goodwill, interest, reductions in borrowing and or arrears, and repayment of premiums;
1.5 HFS Limited a limited liability company acting as a third party claims handler, registered in England and Wales with number 7078019 having its registered office 1, 61 Bryn street Wigan WN4 9AX.
1.6 "Fee" means the fee of 30% + VAT of the Compensation, payable to HFS Limited for the Services carried out by it. For example, if we recover £1,000 compensation, our fee would be £300.00 + vat.
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 HFS Limited including assessing the viability of, preparing, submitting and neg otiating your Claim;
1.9 "Terms" means these terms of engagement.
2. The Engagement
2.1 By signing and returning the Letter of Authority, the Client hereby agrees to be bound by the Terms and appoints HFS Limited to provide the Services for such period as to allow HFS Limited 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 HFS Limited 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 HFS Limited for authority, information and documents and further instructions that HFS Limited may from time to time require. Failure to do so will give HFS Limited the right to terminate this Agreement forthwith and the Client will reimburse HFS Limited such preparation, processing, and submission costs as may have been incurred by the Company up to the time the Clients notice of cancellation has been received by the Company;
3.3 promptly inform HFS Limited of any relevant matters affecting the Claim;
3.4 hereby assign his/her/their entitlement to any Compensation to HFS Limited. The Client hereby agrees to the Company remitting the Compensation to HFS Limited and for HFS Limited 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, HFS Limited will invoice the Client for the Fee which will become immediately due and payable by the client to HFS Limited. If this fee is not paid in full within 28 days of the dated invoice it shall be deemed a termination of the Agr eement and will fall under clause 3.6 below;
3.5 give HFS Limited the right to deal exclusively with the Claim, unless otherwise agreed in writing by the Client and HFS Limited;
3.6 subject to clause 3.7 below, if this Agreement is terminated by the Client for any reason, pay HFS Limited either the Cancellation fee or, if the Claim has already been submitted by HFS Limited and HFS Limited proceeds with the Claim and the Claim is successful, the Fee or the Cancellation fee, whichever is the greater. The Cancellation fee is the calculated as the cost incurred for the work undertaken in pursuit of the claim by HFS Limited
3.7 if the Client terminates this Agreement and HFS Limited proceeds 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 said Cancellation fee referred to in clause 3.6 above or any monies whatsoev er in respect of the Claim;
3.8 must pay HFS Limited any administration fees necessary that HFS Limited has had to pay where HFS Limited is successful in recovering the Client's charges or premiums for the Client. This includes, but is not limited to, data protection act charges in recovery of the client's statements which shall not exceed the fee from time to time permitted under DPA (if applicable and if not already paid by the client upon request for the appropriate amount which is currently (£10) along with any court fees that have been paid by HFS Limited;
3.9 authorise HFS Limited to recover any service charges due directly from the Client's debit or credit card, the details of which have been completed on the credit/debt card mandate form;
3.10 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 except for the charges mentioned in 3.8. rate of £85 per hour, or part thereof;
and unpaid by the Client to the Company, the Client shall pay to the Company the Company's costs (including administrative costs) of taking such steps on those costs and in addition the Client undertakes that it will at all times be responsible for all costs and expenses incurred by the Company, including but not limited to, Court fees, interest and administrative fees in recovering from the Client any Service Charges due and unpaid from the Client to the Company."
All sums due from the Client which are not paid on the due date (without prejudice to the rights of the Company under the Contract) shall bear interest from day to day at the rate of 2% per annum over the base lending rate of Barclays Bank Plc."
In the event the Company takes steps to recover any Verification and Administration Charges and/or Service Charges due.
4. HFS Limited will:
4.1 rely on the information and documents provided by the Client to HFS Limited as being true, accurate, and complete. HFS Limited 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 HFS Limited's sole discretion to decide whether or not to proceed with the Claim at any time during the claims process;
4.5 notify the Client of the outcome of the Claim;
4.6 as soon as is reasonably practicable following the sett lement of a Claim and the payment of Compensation by the Company to HFS Limited, pay the Client the balance of the Compensation, after deducting the Fee;
4.7 preserve confidentiality, including the Client's personal information in accordance wi th the Data Protection Act 1998 (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.
5.1 HFS Limited 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. Any claim by way of consequential damage arising out of any act or omission or commission by HFS Limited is specifically excluded.
5.2 You are aware that you could complain directly to the Company at no cost, however, if you are unhappy with our resolution and would like to take matters further, you can do so by contacting the Claims Regulator Unit.
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 HFS Limited' internal complaints handling procedures are available upon request.
5.5 Hardwick Financial Solutions are regulated by the Claims Management Regulator in respect of regulated claims management activities. CRM24618. Vat NUMBER 119 2764 06 its registration is recorded on the website http://www.justice.gov.uk/claims-regulation
6.1 We work with a number of partners, introducers and affiliates. If you were referred to us by one of our agents your contract is with us, not with that individual and a referral fee will be paid to that agent which will be up to 7.5% of the total benefit we recover for you. Example: If we were to recover a refund of £1000 for you the agent would be paid a sum of up to £75.00 by us. If you would like further information please address your query to the Compliance Department at our PO Box address.
7.1 We aim to provide excellent customer service at all times. However, we recognise that occasionally things go wrong. If you feel you wish to complain about the service you have received, please read our Complaints Handling Scheme below. Complaints may be made in writing, by e-mail, by telephone or in any other form. In the case of a telephone complaint, we may ask you for further clarification in writing so we can investigate your complaint fully. We reserve the right to decline to consider a complaint that is made more than six months after you became aware of the cause of the complaint.
Here may be instances where we will waive this requirement at our discretion. We will confirm to you in writing if a complaint has been made outside the time limit that we are prepared to consider. We will send you a written or electronic acknowledgement of a complaint within five business days of receipt, identifying the person who will be handling the complaint for the business. Wherever possible, that person will not have been directly involved in the matter which is the subject of the complaint, and will have authority to settle the complaint. Within four weeks of receiving a complaint, we will send you either:
a) a final response which adequately addresses the complaint; or
b) a holding response, which explains why we are not yet in a position to resolve the complaint and indicates when we will ma ke further contact with you.
Within eight weeks of receiving a complaint we will send you either:
a) a final response which adequately addresses the complaint; or
b) a response which explains why we are still not in a position to make a final response, giving reasons for the further delay and indicating when we expect to be able to provide a final response; and Where we decide that redress is appropriate, we will provide you with fair compensation for any acts or omissions for which we are responsible and will comply with any offer of redress which you accept. Appropriate redress will not always involve financial redress.
8. Governing Law
8.1 This Agreement shall be subject to the laws of England and Wales.