Terms & Conditions and No Win, No Fee Agreement
Canary Claims is a trading name of Claims Thru Us Limited, a company regulated by the Claims Management Regulator in respect of regulated claims management activities.
1.1 In these Terms & Conditions the following definitions apply:
“Claim”: the Client’s complaint(s) and/or (but not limited to) claim(s) against the Company in respect of alleged mis-selling of Payment Protection Insurance (PPI) including (where appropriate) the application of unlawful interest and/or charges to the account(s) of the Client.
“Client” “You” and “Your”: You – the policy holder(s) /accountholder(s) whose details are set out in the Letter of Authority and who have appointed Claims Thru Us to provide the Services.
“Company”: the financial institution and/or persons to whom the Letter of Authority is addressed being the Insurance Company, Bank, Building Society, Credit Card Company or Financial Adviser or any other entity which sold the PPI policy or gave the advice to the Client, or applied any unlawful fees, interest or charges (including for the avoidance of doubt any employee, director, agents, representatives and associates of those entities or any other entity and/or any of their successors or predecessors).
“Compensation”: any sums paid or awarded pre deduction of income tax in respect of any Claim made by Us on Your behalf. This includes all non-monetary benefits in whatever form including (but not limited to) all benefits that will arise from any waiver, cancellation, reduction, saving, deduction or rescheduling of any outstanding or future credit facility, loan or interest payments or associated loans, Compensation, gesture of goodwill, refunds, discounts, any reduction in credit facility balances or loan outstanding and/or any interest or capital recovered including all associated or refinanced loans. Where such an offer is revised subsequently, then the revised amount shall be used in order to calculate the amount of the Compensation subject to You being still in contract.
“Fee”: Our Fee of 15% plus VAT (18% total) of the gross Compensation awarded, set out more specifically in Clause 5
“Letter of Authority”: the letter included in the claim pack to be sent to the Company from the Client authorizing Us to act on behalf of the Client in respect of the particular Claim referred to or referenced in the letter.
“No Win No Fee”: we will normally only charge You Our Fee upon the successful completion of Your Claim. We do not require any payment in advance. Other fees may arise upon cancellation of this Agreement, please refer to Clauses 5(g), 6(c), 6(d), 7(d) and 7(f)
“Services”: 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 3.
“Terms” and “Agreement“: these Terms and Conditions or any subsequent version of these Terms & Conditions.
“Us”, “We” and “Our”: Claims Thru Us Limited, a limited company registered in England and Wales with number 05512501 having its registered office at 1 Farnsworth Court, West Parkside, London, SE10 0QF.
1.2 References to statutes or rules include references to any re-enactment or modification of those statutes or rules from time to time;
1.3 Headings and numbering do not form part of this Agreement and are for reference purposes only.
TThis Agreement shall commence on the date you sign and return the Letter of Authority to us and, unless terminated earlier as per Clause 6 and/or 7 below, will continue until the earlier of:
I. Compensation is recovered for You by Us and You have paid Our Fee, or
II.We have advised You in writing that in Our opinion Your claim is unlikely to succeed and we are declining to act for You, or
III. You have paid any invoice generated by Us in full relating to a particular claim, or cancellation fee.
3. We agree to:
a) Review Your Claim application and assess the likelihood of Your claim being successful.
b) If after We have reviewed Your application, it is Our opinion that Your Claim is unlikely to be successful We may decline to act for You. We will notify You of this in writing.
c) If We accept your Claim application, We will confirm this to You in writing and prepare and submit your Claim to the Company that sold you the PPI policy or financial product.
d) We will liaise with the Company and use reasonable endeavors to pursue Your Claim. This may involve the use of letters, statutory notices or other communication between Us and the Company and may, in some instances, also give rise to the Company contacting You directly.
e) We will notify You promptly of any requests for additional information or documentation that the Company has asked for in order to investigate Your claim.
f) Notify You in writing of any offers of Compensation made by the Company.
g) Obtain Your agreement before accepting or rejecting any offer or Compensation made by the Company.
h) Notify You of any circumstances beyond Our control which prevent Us from performing the services under this contract.
4. You agree to:
a) Appoint Us as your exclusive agent to handle Your Claim. This means that You cannot appoint another person or firm to act on your behalf in respect of this Claim, unless you terminate this agreement with us;
b) Provide full written authority to Us to deal with the Company on Your behalf;
c) Provide truthful and accurate information regarding your Claim;
d) Provide copies of all documentation that are in your possession and which relate to the Claim;
e) Respond promptly to requests by Us for further information, or documents that may be needed to progress Your Claim;
f) Pay Our Fee due as a result of a successful Claim, or where a cancellation fee has been charged;
g) Upon receipt of an invoice for the Fee, You will pay the amount due to Us within 7 business days of You receiving the Compensation;
h) When an offer for Compensation is obtained from the Company on Your behalf which in the reasonable opinion of Us is fair and reasonable having regard to the relevant circumstances and that offer is rejected by You, then we reserve the right to charge a fee equal to the amount of the Fee which would have been payable in the event that You accepted that offer in line with Our advice;
i) In some instances, the Company may contact You directly. This may include communication by letter, email and/or telephone. In some instances, You may also receive payment direct from the Company. In the event that You receive correspondence or communication from the Company, You agree to notify Us of such communication and forward to Us any correspondence You have received direct from the Company;
j) Retain a copy of Our Terms and Conditions for your own reference.
Our service is provided on a ‘NO WIN NO FEE’ basis. Other fees may arise upon cancellation of this Agreement, please refer to Clauses 5(g), 6(c), 6(d), 7(d) and 7(f)
a) Our fee is 15% plus VAT (18% total) of the Compensation which we obtain for you as a result of a successful claim. For example if we recover £3,000 Compensation, the fee would be £450 + £90 VAT = £540. Another example would be where the Compensation is £3,500 which is applied as a reduction in the client’s loan of £2,500 and a cash payment of £1,000 our fee would be £525 + £105 VAT = £630. For more examples please see the pre-contract information.
b) We will not charge You any fees if the Claim is unsuccessful, subject to Clause 6(c) and 7 below.
c) Where we receive Compensation directly, we will issue You an invoice for the amount of Our fee and deduct the Fee directly from the Compensation.
d) If the Company does not pay the Compensation directly to Us, we will send you an invoice for an amount equal to our Fee on the gross Compensation awarded by the Company.
e) Our Fee must be paid within 7 business days of You receiving the Compensation or the benefit of the Compensation (for example, debt reduction). We have no control over when Compensation is paid following an Offer that has been Accepted by you. We will assume that You have received the compensation within 28 days after receipt of the offer or You shall inform Us so We can investigate.
f) We reserve the right to charge You interest on all sums which have not been paid by You in accordance with Clause 5(e) at the Law Society Rate.
g) We reserve the right to charge You for any reasonable costs incurred in seeking to recover Our Fee from You (such as, for example (but not limited to) tracing agents, process servers, credit reference agency fees, public register search fees, etc). A £60+VAT (£72) admin charge will be applied for pre-legal collections activity. You consent to Us accessing and requesting information and reports from Credit Reference Agencies in respect of both your claim and any recovery action required.
6. How You Can Cancel This Agreement
a) You have 14 days from the date of signing the Letter of Authority to cancel Your authority for Us to act on Your behalf. Cancellation is without charge and You will have nothing to pay under this agreement. Cancellation must be notified to Us in writing and sent to Us via registered post or by email. A Cooling-Off Cancellation Form is included with the pre-contract information.
b) You can also cancel this Agreement at any time after the 14 day period referred to in Clause 6(a). Cancellation can be notified to Us, or can arise as a result of a breach of Clause 4 by You.
c) If a Cancellation of this agreement occurs in accordance with clause 6(b) above, We reserve the right to charge you a fee for the work undertaken on your behalf in good faith by Us. Where Clause 7(c) doesn’t apply, a reasonable Cancellation Fee of £150+VAT (£180.00) will be applied either upon written instructions to Cancel from You, or as a result of a breach on Your part of Clause 4, for the work undertaken in processing Your Claim up to the date of cancellation.
d) If at the time of cancellation described in Clause 6(b) above, we have received an offer of Compensation, which has been calculated in accordance with the rules of Financial Conduct Authority or the principles used by the Financial Ombudsman Service and which We recommend is accepted by You, we reserve the right to charge Our full Fee.
7. How We Can Cancel or Change This Agreement
a) We can cancel this Agreement by giving You 14 days’ notice in writing if any of the following events occur:
I. We become aware that Your Claim is unlikely to succeed.
II. You are declared bankrupt
III. You enter into an Individual Voluntary Arrangement with Your creditors or have a Bankruptcy petition presented against You.
IV. You do not follow any reasonable recommendations made by Us.
V. You provide information which You knew to be false or misleading in support of Your Claim and this information is material to the success of Your claim, e.g. if You have previously complained.
VI. You fail to respond to reasonable requests for information in a timely manner and this prevents Us from providing the Services.
b) Subject to the notice period in Clause 7c below, We may change these Terms & Conditions from time to time to reflect the increased cost of providing the service to You, and/or to reflect changes or predicted changes in legislation, taxation or regulation, or as a result of decisions made by the Financial Ombudsman Service.
c) If We cancel this Agreement in accordance with Clause 7(a) IV, V, VI above and that cancellation takes effect after the initial 14 day period of Clause 6(a), We reserve the right to charge a You a fee to cover Our reasonable costs for the work undertaken in processing Your Claim up to the date of cancellation.
d) If at the time of cancellation described in Clause 7(a) above, the complaint has been upheld, we reserve the right to charge Our full Fee on the forthcoming Compensation.
e) If You have breached Your duties set out at Clause 4 We may cancel this Agreement.
f) If You accept an offer that We consider inadequate or reject an offer that We consider to be reasonable We may cancel the agreement and charge You a fee accordingly.
g) We will warn you if we intend to charge fees under Clauses 5(g), 6(c), 6(d), 7(d) and 7(f) and how much they are likely to be.
8. Complaints about Us
We are obliged to make you aware of Our procedures to be followed in the event of a complaint. Our procedures are: –
(a) Complaints may be made in writing; by e-mail, by telephone or in any other form in respect of a claims management service that we have provided and that is regulated under the Compensation Act 2006 to:
Claims Thru Us Limited
Unit 1, Meridian Trading Estate, 20 Bugsby’s Way, London SE7 7SJ
Tel: 020 8269 2291 | Email: firstname.lastname@example.org
(b) We’ve also provided You with a copy of the step by step process for making a complaint about Us in the pre-contract information.
9. General Conditions About This Agreement
8.1 This Agreement is governed by the law of England & Wales.
8.2 You cannot transfer, assign or novate Your rights and obligations under this Agreement but You can terminate the Agreement in accordance with Clause 6 above.
8.3 The Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement
Claims Thru Us Limited is regulated by the Claims Management Regulator in respect of regulated claims management activities. Our authorization number is CRM2233 which can be checked on the website www.gov.uk/moj/cmr