TERMS OF ENGAGEMENT Terms of Engagement for the appointment of Advance Financial Consultants Limited to act on the Client’s behalf in all aspects of administration & negotiation of claim.
2. Conduct of Engagement
2.1 By signing and returning the Letter of Authority, terms of engagement, the Client hereby agrees to be bound by the Terms and appoints,( unless cancelled in the cooling off period as per clause 7.1 ) Representative to provide the Services for such period as to allow representative to assess, and if reasonably possible, to complete the Claim.
2.2 By signing and returning this agreement the client instructs the representative to deal directly with the company and to retain any compensation paid out in full and deduct the fee before forwarding on the remainder of the compensation.
2.3 The Client agrees the representative has the exclusive right to deal with the claim. Should it be made aware another party is involved in the claim other then representative the client has to pay a cancellation fees as per clause 3.6
2.4 Client shall pay representative £102 towards administrative & handling charges per PPI claim in the event of claim being successfull as agreed between both the parties for each claim representation except in the case of clause 2.5(a)
2.5 Representative will charge client 20% of any gross compensation (including any amount being offsetted by lenders towards outstanding loan/debt/arrears) recovered from the company as a part of the process. If the representative is not able to recover any money from the Company, there will no fees charged to the client.
2.5(a) If in any case the claimed gross compensation is less then £300 then representative will only charge client 20% of the gross compensation amount and client is not liable to pay £120 towards admin & handling fees.
Example: Based on the recovery amount of 1000 Pounds Our Fee: 1000 Pounds x 20% = 200 Pounds + £102 Admin charge. Our Total fees will be £302 You would receive £698 Pounds as your compensation. However, if the compensation is less say £290, in this case our fees will be 290 x 20 % = £58 + NO admin charge is payable as the compensation is less then £300 . In this case you will receive £232.00
2.6 Client instructs representative to bank any compensation in representative client account, deduct applicable charges and pay the balance to client.
2.7 If compensation is received directly by client, client commits to pay representative a fee which is explained in clause 2.4, 2.5 & 2.5(a) within 14 working days of receiving the same.
4.1 rely on the information and documents provided by the Client to Representative as being true, accurate, and complete. Representative 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 endeavors to obtain the maximum Compensation for the Claims which are pursued;
4.3 promptly notify the Client if the Claim is not to be pursued. It is at Representative discretion to decide whether or not to proceed with the Claim at any time during the claims process but Representative must act reasonably in taking any such decision;
4.4 promptly notify the Client of the outcome of the Claim;
4.5 preserve confidentiality, including the Client’s personal information (even when this Agreement has terminated and the Client is no longer a client), save as expressly or implicitly authorized 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.
6.1 The Client will offer all data as required, and to the best of their knowledge this data shall be truthful.
6.2 The Representative shall store and use this data for the purpose or this claim and where instructed to do so pass the data on to the company, or any of its representative.
6.3 The client can anytime contact the representative and request details of how and where the data is stored.
6.4 The representative may offer this data to a Court of Law or Law Enforcement office should they be requested to do so.
8. Governing Law
8.1 This Agreement shall be subject to the laws of England and Wales
“Institution” or “Company” – The Company who sold
you the policy
“Client(s)” – the named policy holder(s)
“Claim(s)” – the clients claim(s) against the “company”
“Compensation” – any compensatory deposit or final
settlement in respect of this matter
“Fee” – the amount which Advance Financial
Consultants Limited is paid for representing the client
in this matter
“Services” – the service provided on behalf of the client.
3. The Client will:
3.1 by completing and signing the Letter of Authority give Representative 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 Representative for authority, information and documents and further instructions that Representative may from time to time require, within 15 days of the first communication or within further 15 days extension period. Failure to do so will give Representative the right to terminate this Agreement forthwith and the Client will reimburse Representative its reasonable costs incurred in pursuing the Claim to the date of termination as per clause 3.5; 3.3 promptly inform Representative of any relevant matters affecting the Claim;
3.4 give Representative the right to deal exclusively with the Claim, unless otherwise agreed in writing by the Client and Representative;
3.5 if this Agreement is terminated by the Client for any reason (after the cooling off period as per clause 7.1) pay Representative either the Cancellation fee or, if the Claim has already been submitted by Representative and the Claim is successful in the future, the Fee as per clause 2.4, 2.5 & 2.5(a) or the Cancellation fee, whichever is the greater. The Cancellation fee is the reasonable costs incurred for the work undertaken in pursuit of the claim by Representative at the rate of £60.00 per hour, or part thereof;
5.1 Client is/are aware that client could complain directly to the Company at no cost, with the ability to take matters further with the Financial Ombudsman Service yet still wishes to pursue your complaint via Representative
5.2 Representative is regulated by the Claims Management Regulator in respect of regulated claims management activities; our authorization number is CRM27379.
7. Cancellation and Complaint
7.1 The client shall have a 14 days cooling off period from the date of signing of the declaration, in which they can cancel this agreement without any cost and obligation.
7.2 All cancellations must be made in writing to Advance Financial Consultants Limited, Sceptre House, 75-81 Staines Road, Hounslow, Middlesex, TW3 3HW
7.3 Should the client terminate the contract for any reason or execute their own claim against the company (Whether they compensation or not) outside the 14 day cooling off period, the client shall pay to the representative as per Clause 3.5.
7.4 If, at anytime you are unhappy with our conduct or decisions you must put your concerns in writing to: Advance Financial Consultants Limited, Sceptre House, 75-81 Staines Road, Hounslow, Middlesex, TW3 3HW. You can also email us @ [email protected] or write to us in order to obtain a copy of our complaints procedure.