Terms and Conditions Our Terms and Conditions of Service (T&C's)
What these Terms cover. These Terms (and the documents expressly referred to in them) tell you information about us and they contain the legal terms and conditions on which we supply Services to you.
In these Terms, the words "we", "us" and "our" refer to My Claim Solved Limited.
Why you should read them. Please read these Terms carefully and make sure you understand them before you sign them, because they will form part of the Contract between you and us. These Terms tell you who we are, how we will provide Services to you, how you and we may change or end the Contract, what to do if there is a problem and other important information.
1. Word Definitions
|Claim||means your claim against a Provider relating to the mis-selling of any Product to you and/or the unlawful application by a Provider of charges/payments in respect of a Product you have purchased, for which you have signed a Letter of Authority (which sets out information about your Claim(s)) to pursue a claim.|
|Claim Form||the questionnaire we send to you in the claim pack (as described in clause 3.1), which you must complete and in which you provide us with information about the Claim;|
|Compensation||any sum paid or awarded to you in settlement of the Claim, including the amount of any set-off, withholding, reduction or deduction granted to you by the Provider of the Product to which the Claim relates;|
|Contract||means the individual legally binding contract formed between you and us, as described in clause 3.1;|
|Fee||the sum due to us in respect of the Services, as defined in clause 5.1 and as referred to in clause 10;|
|Letter of Authority||the letter to the Provider (a draft of which we will provide to you) in which you notify the Provider that you have appointed us to act on your behalf as your agent in respect of the Claim;|
|Product||any investment, credit card, or endowment policy, payment protection insurance policy, mortgage and/or loan agreement supplied to you by a Provider;|
|Provider||the financial institution, insurance company, bank, building society, credit card provider or financial advisor or any other entity who has supplied and/or given advice to you in respect of a Product and against whom the Claim is made;|
|Services||means the services we supply to you in acting on your behalf in respect of a Claim from time to time, which may include assessing, preparing, submitting and/or progressing the Claim and/or negotiating a settlement of the Claim;|
|Terms||these terms and conditions on which we supply Services to you.|
2. Information about us and how to Contact Us
2.1. Who we are. We are My Claim Solved Limited a limited private company registered in England and Wales. Our company registration number is 7718504 and our registered office is at Tormohun House, Barton Hill Road, Torquay, TQ2 8JH. Our registered VAT number is 123294629. We are regulated by the Claims Management Regulator in respect of regulated Claims Management Activities. Our Claims Management Authorisation Number is CRM 29233 and is recorded on the website at www.claimsregulation.gov.uk.
2.2. How we may contact each other. You can contact us by telephoning our customer service team on 01803 322 822 or by writing to us at email@example.com or Customer Relations, My Claim Solved Ltd, Tormohun House, Barton Hill Road, Torquay, TQ2 8JH. If we have to contact you we will do so by telephone using the telephone number(s), email address or postal address you provided to us in the Claim Form.
2.3. "Writing" includes emails. When we use the words "writing" or "written" in these Terms, this includes emails.
3. Our contract with You
3.1. How the Contract is formed. The Contract will come into existence between us when:
3.1.1. you and we have signed these Terms;
3.1.2. you have signed, dated and returned to us the Letter of Authority and the Claim Form.
3.2. Your reference number. Once the Contract has come into existence, we will assign a reference number to your Claim and write to you to tell you what it is. It will help us if you can tell us the number whenever you contact us about your Claim.
4. Our Services
4.1. How and when we will provide the Services. We will supply the Services to you from the date that the Contract is formed (see clause 3.1) until the Services have been completed or until either you or we end the Contract for the Services (as described in clauses 6, 7 or 9). We will:
4.1.1. supply the Services to you in a prompt and professional manner;
4.1.2. update you on the progress of the Claim from time to time; and
4.1.3. explain any actions required of you in respect of the Claim and the deadline (if any) by which those actions must be performed;
4.2. We are under an obligation to (and will) provide the Services in accordance with the Compensation (Claims Management) Regulations 2006 and in compliance with the Conduct of Authorised Persons Rules 2014.
4.3. By entering into a Contract, you appoint us as your agent and authorise us to:
4.3.1. act on your behalf (i.e. by supplying the Services to you) in respect of the Claim, provided always that we act in accordance with your instructions;
4.3.2. collect and receive the Compensation due to you (if any).
4.4. So that we can provide the Services to you, you will:
4.4.1. give us clear instructions;
4.4.2. deal with all queries from us promptly and take any steps or actions that are required of you in order to progress the Claim promptly and prior to any applicable deadlines;
4.4.3. promptly let us have all information, correspondence and documents we request from you and/or which are reasonably necessary for us to supply the Services. See clause 4.6, which explains what may happen if you do not do this within 21 days of a request from us;
4.4.4. inform us promptly of any matter which may be relevant to the Claim and/or the provision of the Services;
4.4.5. notify us promptly of any change in your details, including your contact information.
4.5. The estimated completion date of the Services. Provided you take all the steps that are required of you (as explained in these Terms) and assuming your Claim is straightforward, we aim to complete the Services within 16-20 weeks from the date the Contract is formed. However, the Services may take longer to complete (for example, because you have not taken steps required of you or because the Claim is not straightforward) and therefore it is not possible to provide you with an exact date by which the Services will be completed.
4.6. By submitting the Claim Form to us, you are agreeing:
4.6.1. that you will not appoint any third party to pursue or settle the Claim on your behalf;
4.6.2. you will not pursue or settle the Claim, other than via us;
4.6.3. that any 30 day period (referred to at regulation 42 of the Consumer Contract (Information, Cancellation and Additional Charges) Regulations 2013) in which a Contract should be completed, is not applicable and the Contract period will run until the Services have been completed
4.7. What will happen if you do not supply the required information to us. So that we can perform the Services, we may need certain information, correspondence and documents from you, for example, copies of contracts you entered into with the Provider. If so, we will contact you to ask for this information. If you do not have the information requested you should let us know immediately. If you refuse to give us this information or correspond with us within 21 days of us asking for the information we may suspend the services or end the contract and we will be entitled to recover our reasonable costs incurred in investigating and pursuing the claim to the date of termination as set out in clause 9.2.
4.8. Reasons we may suspend the supply of Services to you. We may suspend the supply of the Services:
4.8.1. to deal with technical problems or make minor technical changes;
4.8.2. to update the Services to reflect changes in relevant laws and regulatory requirements;
4.8.3. if you do not provide us with information, correspondence and documents we need from you to provide the Services to you (see clause 4.6).
5. Compensation and payment of Fees
5.1. What Fees do you have to pay for the Services? If the Claim is successful and Compensation is due to you, the Fees due to us are calculated as a percentage of the Compensation you are due to receive. The reason for the setting our payment at the rates below is to reflect the risk that some claims may not be successful and our costs in delivering the Services to you. The Fees are calculated as follows:
|Type of Claim||Fee payable (before VAT) as a percentage of Compensation due to you||Fee payable (with VAT) as a percentage of Compensation due to you|
|Mis-sold any Product;
Unlawful application of payments/charges
For example, if the Compensation paid to you in a Claim involving mis-selling of PPI is £3,000, then the Fee payable to us (before VAT) will be £900.
5.2. When you must pay and how you must pay. When and how you must pay depends on how the Compensation is to be paid:
5.2.1. if the Compensation is paid to us by the Provider, we will deduct and retain the Fee due to us from the total Compensation we receive and pay the remaining balance of the Compensation to you as soon as reasonably practicable and within not more than 14 days of receipt of the Compensation from the Provider; or
5.2.2. if the Compensation is paid to you by the Provider, following the issue of an offer of Compensation by a Provider, we will issue an invoice to you in respect of the amount of the Fee due to us. You must pay our invoice within 7 days of the date of payment of the Compensation due to you by the Provider ("Due Date"). You can pay our invoice by credit or debit card (over the telephone) or by bank transfer to the bank account shown on the invoice;
5.2.3. the Services are provided on a "no win, no fee" basis, therefore, if your Claim is not successful, you will not have to pay us anything.
5.3. We can charge interest if you pay late. If you do not make any payment to us by the Due Date we may charge interest to you on the overdue amount at the prevailing interest rate applied by the Courts pursuant to section 69 of the County Courts Act 1984 (currently 8% a year above the base lending rate of the Bank of England from time to time). This interest shall accrue on a daily basis from the Due Date until the date of actual payment of the overdue amount, whether before or after judgement. You must pay us interest together with any overdue amount.
5.4. What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us immediately to let us know.
6. Your statutory right to cancel the Contract
6.1. Your statutory right to cancel. Before we begin to provide the Services, you have the following rights to cancel the Contract (before we begin to provide the Services):
6.1.1. you have a legal right to cancel the Contract by no later than the end of 14 calendar days from the day the Contract was entered into (see clause 3.1). This means that if you change your mind or for any other reason you decide that you do not want us to provide the Services to you, you can notify us of your decision to cancel the Services. You do not have to give us a reason for exercising your right to cancel referred to in this clause;
6.1.2. to cancel the Contract, you just need to let us know that you have decided to cancel within the 14 day calendar period referred to in clause 6.1.1. The easiest way for you to do this is to complete the cancellation form available on our Site at https://myclaimsolved.com/cancel.doc. You can return your completed cancellation form to us by email to firstname.lastname@example.org, or by post to our registered office (see clause 2.1). If you send us your cancellation notice by email or post, then your cancellation is effective from the date you send us the email or post the letter to us.
6.1.3. we will not start to provide the Services before the end of the 14 calendar day period unless you have expressly requested (i.e. by signing the acknowledgement at the end of these Terms) that we start providing the Services;
6.1.4. if we have started to provide the Services (or any part of them) pursuant to a request under clause 6.1.3 and you exercise your right to cancel pursuant to clause 6.1.1. then we will not charge you for any Services we have provided (and if any payment has been made in advance of the Services, we will refund to you all sums you have paid to us).
7. Your rights to end the Contract
7.1. You can always end your Contract with us. Your rights when you end the Contract will depend on:
7.1.1. if you have just changed your mind about the Services during the 14 day statutory cancellation period, see clause 6;
7.1.2. if you want to end the contract because of something we have done or have told you we are going to do, see clause 7.2;
7.1.3. in all other cases (if we are not at fault and there is no right to change your mind), see clauses 7.3 and 7.3.
7.2. Ending the Contract because of something we have done or are going to do. If you are ending a Contract for a reason set out at 7.2.1 to 7.2.2 below the Contract will end immediately (i.e. without any payment of Compensation to you). The reasons are:
7.2.1. we have suspended supply of the Services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 3 weeks; or
7.2.2. you have a legal right to end the contract because of something we have done wrong.
7.3. Ending the Contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 7.1), you can still end the Contract at any time. If you want to end the contract in these circumstances, just contact us to let us know. The contract will end on the day on which you contact us. PLEASE NOTE: you must pay us if you end the Contract where we are not at fault and there is no right to change your mind. If you end the Contract where we are not at fault and where there is no right for you to change your mind, we will cease providing the Services to you immediately and we will charge you for the Services we have carried out up to the date that you tell us you want to end the Contract. Our charges will be calculated by reference to the time spent by us in investigating and pursuing the Claim on your behalf up to the date you ended the Contract, which shall be charged for in units of 6 minutes at the rate of £80 per hour + VAT (i.e. 10 units of 6 minutes make up 1 hour). We will issue an invoice to you for the amount due, which you must pay within 7 days of the date shown on the invoice. You can pay our invoice by credit or debit card (over the telephone) or by bank transfer to the bank account shown on the invoice. If you do not pay the invoice by the due date for payment, we will charge you interest, as described in clause 5.3.
8. How to end the Contract with us (Including if you have changed your mind)
8.1. Tell us you want to end the Contract. To end the contract with us, please let us know by doing one of the following:
8.1.1. Phone or email. Call customer services on 01803 322 822 or email us at email@example.com. Please provide details of what you bought, when you ordered or received it and your name and address.
8.1.2. Online. Complete the form https://myclaimsolved.com/cancel.doc on our website.
8.1.3. By post. Complete the form included in the claim pack we send to you before the Contract was formed (see clause 3.1) (also available online to print off at https://myclaimsolved.com/cancel.doc) and post it to us at the address on the form. Or simply write to us at Customer Relations, My Claim Solved Ltd, Tormohun House, Barton Hill Road, Torquay, TQ2 8JH including details of what you bought, when you ordered or received it and your name and address.
9. Our rights to end the Contract
9.1. We may end the Contract at any time by writing to you if:
9.1.1. you do not, within 21 days of us asking for it, provide us with information, correspondence and documents that we need from you so we can provide the Services to you (see clause 4.4.3 and clause 4.6);
9.1.2. we have a legal right to end the Contract because of something you have done wrong.
9.2. You must pay us for the Services if you break the contract. If we end the contract in the situations set out in clause 9, we will charge you for the Services we have carried out up to the date we ended the Contract as a result of you breaking the Contract. Our charges will be calculated by reference to the time spent by us in investigating and pursuing the Claim on your behalf up to the date we ended the Contract, which shall be charged for in units of 6 minutes at the rate of £80 per hour + VAT (i.e. 10 units of 6 minutes make up 1 hour). We will issue an invoice to you for the amount due, which you must pay within 7 days of the date shown on the invoice. You can pay our invoice by credit or debit card (over the telephone) or by bank transfer to the bank account shown on the invoice. If you do not pay the invoice by the due date for payment, we will charge you interest, as described in clause 5.3.
10. Continuing liability for the Fees - YOUR ATTENTION IS DRAWN PARTICULARLY TO THIS CLAUSE
10.1. This clause 10 will continue to have effect, even when Compensation has been paid to you in respect of a Claim. If, after we have completed the performance of the Services, further Compensation becomes due to you (for example, because of a change in the law or because the Financial Conduct Authority has ruled that Providers or any other financial institutions must pay more compensation to people who have been mis-sold Products) we shall be entitled to payment of the Fee (i.e. at the percentage described in clause 5.1) in respect of any further Compensation paid to you in connection with any Claim. For the avoidance of doubt, this clause shall not apply where the Contract has ended before we have completed the Services (i.e. because you have ended the Contract in accordance with clauses 6 or 7 or because we have ended the Contract in accordance with clause 9).
10.2. Other consequences of termination. If the Contract comes to an end, neither you or we will lose any rights or liabilities that have arisen under the Contract as a result of the Contract coming to an end.
11. Other important Terms
11.1. We may transfer the Contract to someone else. We may transfer our rights and obligations under the Contract to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the Contract.
11.2. Nobody else has any rights under the Contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
11.3. If a court finds part of the Contract illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs (or part paragraph, as relevant) will remain in full force and effect.
11.4. Even if we delay in enforcing this Contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking the Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
11.5. The Contract constitutes the entire agreement between you and us. The Contract replaces and supersedes all previous agreements, promises, contracts, assurances, promises, warranties representations and understandings relating to this matter made at any stage by either you or us. Notwithstanding any other term of these Terms, nothing in these Terms shall exclude or limit our liability for something that we cannot exclude or limit in law.
11.6. We may vary these Terms and the Contract, only where you and we have both agreed to the variation of these Terms or the Contract in writing.
11.7. Which laws apply to this Contract and where you may bring legal proceedings. These Terms are governed by English law and you can bring legal proceedings in respect of the Services and the Contract in the English courts. If you live do not live in England, you can bring legal proceedings in respect of the Services and the Contract in the courts of your home jurisdiction.
11.8. The Legal Ombudsman Service. If you are not happy with the Services or how we have handled any complaint, you can submit a complaint to the Legal Ombudsman Service. For further information, please visit www.legalombudsman.org.uk.