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Legal
Terms and Conditions
Claims4U Client Review Agreement
Registered address: 1 park view house, 40 park avenue, harrogate, hg2 9bg
Cary Thornton t/as Claims4U is regulated by the Ministry of Justice in respect of regulated claims management activities. Registration number CRM16230. Our registration is recorded on the Ministry of Justice website at www.claimsregulation.gov.uk
January 2009
Terms:
Cancellation
You may cancel this agreement by giving notice in writing to us at the address given above. You have 15 days starting with the day upon which you sign this agreement. If you cancel the agreement within 15 days any sum you have paid to us on account of our fees will be repaid to you.
The sums of £10 and £1 paid by you to creditors in respect of each credit agreement as fees for the provision of documents and information will not be repaid to you.
Our service
We will consider whether the credit agreements are enforceable and fair and whether the creditor has acted in breach of contract or duty and will advise you about your rights and obligations under each credit agreement.
We will negotiate with the creditors and try and agree any appropriate reductions in the sums outstanding and/or the payment to you of any appropriate compensation under each credit agreement.
We will inform you of any offer made by a creditor and will advise you whether we consider the offer to be fair and reasonable.
We will not agree anything without your approval in writing given to us by post, facsimile or e-mail.
It will be your decision alone whether to accept or reject any offer made by a creditor.
If you decide to reject an offer which we have advised is fair and reasonable we will not be under any obligation to continue to act for you in respect of that credit agreement.
If we decide that you are or may be entitled to any reductions in the sums outstanding and/or to the payment of any compensation under any of the credit agreements and the creditor does not make an offer which we consider to be fair and reasonable;
We will nominate a solicitor to act on your behalf on a conditional fee basis;
We will prepare and submit the detail of the claim to the solicitor on your behalf.
You may choose to instruct your own solicitor at any time. We may require that solicitor to provide us with an undertaking to pay any additional fees which may become due to us under this agreement out of any compensation received by the solicitor on your behalf before we release our papers to the solicitor.
Fees
All our fees are inclusive of VAT.
You will pay to us a sum on account of our fees calculated as follows:
For each credit agreement £395, payable £50.00 on applying for the review by credit card, debit card or by cheque, payable to Claims4U. When the claim has been reviewed as unenforceable (normally within 4 working days) the balance of £345.00 per credit agreement is payable again by credit card etc.
Refunds
Should any agreement reviewed be found to be fully enforceable in a court of law then you are entitled to a full refund of the fee less the initial amount of £50.00 charged for carrying out the review of the agreement.
You will pay to us the sum on account of fees when you sign this agreement.
We will only charge you for work actually done so that if we decide that each of the credit agreements is enforceable and fair and that the creditor has not acted in breach of contract or duty we will advise you that we have not been successful and after deducting the £50.00 review payment and £1.00 or £10.00 fee(s) charged by the lender we will repay any balance of your payment on account of fees which may be
due to you.
We will be considered to have been successful if you secure any reduction in the sum outstanding and/or you receive a payment of compensation under any of the credit agreements and or the agreement(s) are deemed unenforceable;
Within the period of 12 months following the date of this agreement (whether or not you have terminated the agreement within that period), or;
At any time thereafter whilst we or the nominated solicitor is still acting on your behalf in respect of the relevant credit agreement.
A reduction in the sum outstanding under a credit agreement will be the difference between the creditors stated balance outstanding and the reduced amount (if any) which the creditor agrees to accept from you or which the court determines you should pay calculated at the date of the agreement or order.
A payment of compensation will be considered to have been paid by the creditor and received by you whether the amount is in fact paid to you or is set off by the creditor against any other liability which you may have to the creditor.
The total of any reduction in the amount outstanding and of any compensation paid which relates to the credit agreements or any of them is referred to in this agreement as the amount recovered.
If we are successful we will be entitled to charge you 20% plus VAT of all amounts recovered for you (With a maximum success fee of £1,000.00 on each agreement). The minimum success fee will be £250.00.
We will not charge you any additional fees unless the total recovered exceeds the sum you pay to us on account of fees;
The additional fees will be payable in accordance with clause 20 above whether or not we are an effective cause of any reduction in the sum outstanding or any payment of compensation under any of the credit agreements.
An Example showing how the fee structure works appears at the foot of this agreement and will be used to assist in interpreting this agreement.
Set off and payment of fees
We may set off sums due to you as compensation or other payment received by us on your behalf against any fees due from you to us.
You will pay us any additional fees within 21 days of the date of the invoice which we deliver to you.
You will pay us promptly and if you do not then we will be entitled to suspend our service to you and to immediately recover any additional fees due from you to us under this agreement.
You will pay us the additional fees without any deductions and whether by way of set off or cross claim or otherwise.
You will pay us interest on all sums which are due but which you have not paid at the statutory rate of 8% per annum.
Your obligations
We can only act for you in an effective manner if we have your full co-operation and accordingly you agree that you will:
Provide to us all copies of the credit agreements together with copies of account statements, notices and correspondence relating to the credit agreements which are currently in your possession or control;
Provide any further or other documents relating to the credit agreement which we may request from you from time to time;
Reply promptly to all correspondence and other communications from us including requests for information and for instructions from you to accept or reject any offer which may be made by a creditor, and;
Provide truthful and accurate answers and provide full information in response to all requests from us;
Complete the client?s instructions document truthfully and accurately and provide full information in response to the questions asked.
Termination
You may terminate this agreement at any time.
If you terminate the agreement;
You will only have to pay us any additional fees under clause 20 above if we have been successful.
We may terminate the agreement if you commit any breach of the agreement and if you fail to remedy that breach within 7 days of notice given by us to you
Assignment
We may assign any of our rights under this agreement.
You may not assign any of your rights or obligations under this agreement without our agreement in writing.
Costs charges and expenses
You will indemnify us against all costs, legal costs, charges and expenses which we incur in recovering any fees due from you to us under this agreement and will do so whether or not any claim we make against you is allocated to the small claims track and so that any legal costs will be summarily assessed and added to the amount of any judgment against you.
Value added tax
Value added tax is included in the fees set out above.
Entire agreement
This document is the entire agreement between you and us.
Law
This agreement is subject to English Law.
Claims4U
Client Review Agreement
Trading address: Dept. 102, Claims4U, 57 Great George Street, Leeds, LS1 3AJ..
Cary Thornton t/as Claims4U is regulated by the Ministry of Justice in respect of regulated claims management activities. Registration number CRM16230. Our registration is recorded on the Ministry of Justice website at www.claimsregulation.gov.uk