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Definition of Terms |
| You/Your |
Refers to you as the user of our services and includes anyone on behalf of whom you act when using our services. |
| Us/We/Our |
Action Direct (UK) Limited, Registered Office: Fields House, 12/13 Old Field Road, Bocam Park, Pencoed, CF35 5LJ and where applicable to officers, employees and authorised agents. |
| PPI |
Payment Protection Insurance. |
| Compensation |
Any sums paid or awarded in respect of a settlement, goodwill gesture, policy refund or rebate by lenders, brokers, insurers and associated partners. |
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| 1. |
General |
| Following are the Terms of Agreement under which we are willing to provide our claims management and negotiation services to you. This agreement is governed by the laws of England and Wales and defines the total agreement between you and us. Nothing spoken or implied by any individual, whether an officer, employee or authorised agent of ours, shall have the effect of modifying these Terms of Agreement. |
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| 2. |
Agreement |
| You request and we agree to provide you with a claims management and negotiation service in respect of mis-sold financial products and services. You authorise us to negotiate on your behalf with all lenders, brokers, insurers and associated parties relating to the financial products and services identified by you. |
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| 3. |
Our Service |
| Initially we provide a service to assess the merits of your potential claims arising from mis-sold Payment Protection Insurance (PPI). Upon completion of that assessment, we will decide if we shall proceed with your claim and inform you of this decision. |
| The assessment is conducted using the following sequential process: |
| i. |
You complete a short questionnaire detailing the circumstances surrounding your decision to purchase Payment Protection Insurance (PPI). |
| ii. |
We rely on the information provided by you to assess the merits of your claim in respect of mis-sold PPI. |
| iii. |
If in our opinion your claim has merit, we will proceed with the claim and begin the negotiations with your lenders, brokers, insurers and associated parties after informing you of this. The costs of this are detailed below. |
| iv. |
If in our opinion your claim does not have merit we will inform you of our decision to not take your claim forward. |
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| 4. |
Your Responsibilities |
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You will deal promptly with all requests made by us for documents or information relating to your claim. Such requests may include, but will not be limited to, providing copies of the original credit agreements, terms of service, account reference numbers, start dates or the name and address of your lender or insurance company.
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You will promptly sign and return to us any forms of authority or any other documents we may require.
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You will notify us in writing within 5 days if any direct communication (including letters, telephone calls, or personal conversations with agents or staff) is entered into with any lenders, brokers, insurers or parties associated with your claim. You will forward to us all documentation relating to such communication within 5 days.
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You will ensure that at all times we have exclusive rights to manage your claim and you will not instruct any other party to act on your behalf. You will not negotiate directly with lenders, brokers, insurers or associated parties in relation to your claim and you will not accept any settlement that is communicated directly to you by them.
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You will take all reasonable steps to ensure that compensation payments are remitted to us directly. If for any reason compensation payments are not remitted to us, or they are offset against balances on any loan, mortgage, savings, current or other account you may have, you will forward all fees due to us within 14 days of receiving our invoice.
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You will keep us informed of your contact details at all times and you will notify us of any material facts that may affect your claim. This may include, but is not limited to, the presence or development of arrears or debit balances on accounts associated with your claim.
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You will ensure that all information provided by you to us is true and is not misleading either by fact or omission.
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| 5. |
Our Responsibilities |
| We will use all reasonable endeavours to gather the information and documents required to pursue your claim, whether from you directly or from lenders, brokers, insurers and associated parties relating to your claim. |
| We will act reasonably in assessing the merits of your claim, both initially and at intervals throughout the claims process. |
| We will be solely responsible for deciding whether to proceed with your claim at any point in the claims process. If your claim is discontinued by us for any reason during the claims process we will notify you promptly explaining the reasons behind our decision to discontinue which may include, but is not limited to, consideration of any factor that could affect the commercial viability of pursuing your claim. |
| We will notify you promptly of the outcome of your claim. |
| We will ensure that if your claim is settled, after deducting our fee as outlined below, the balance of compensation due to you under the terms of this agreement is paid to you as soon as is reasonably practicable, but in any event within 14 days of clearance of the funds in our account. |
| We will preserve your confidentiality, including your personal information, from all parties unrelated to your claim except where expressly authorised by you to the contrary. |
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| 6. |
What We Will Not Do |
| We will not check or verify the information you provide to us unless we are under legal obligation to do so. We will rely on the information provided by you to us as being true, accurate and complete. |
| We will not accept any liability for any loss suffered by you by entering into this agreement and specifically: |
| i. |
In the event that no compensation is paid to you by the lenders, brokers, insurers or other parties associated with your claim, |
| ii. |
In the event that the we decide to discontinue your claim at any point during the claims process after this agreement has been terminated under c) or d) in Section 4 above, |
| iii. |
In the event that our actions cause direct or consequential loss to you. |
| iv. |
We will not accept any liability for any claim by way of consequential damage arising out of any act, omission or commission by us. |
| We do not provide any warranty or endorsement as to the quality of service provided by us. |
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| 7. |
Our Fees |
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| We charge a fee of 25% plus VAT (a the standard rate on the date of settlement) of any sums paid or awarded in respect of a settlement, goodwill gesture, policy refund or rebate by your lender, broker, insurers and associated parties. These fees apply even if you reject an offer of settlement. |
| In the event that you have not fulfilled your responsibilities as detailed in section 3 of these Terms of Agreement our fees will be charged at a rate of £85 plus VAT per hour for the work conducted on your behalf. |
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| 8. |
Termination of Agreement |
| If for any reason you wish to cancel this agreement you may do so within 14 days from the date of signing this agreement without incurring any charge. |
| After 14 days you may cancel this agreement by giving us notice in writing. If you cancel this agreement after 14 days you will be charged at a rate of £85 plus VAT per hour or part thereof for all work conducted on your claim until the day of receipt of your notice of cancellation. |
| We may terminate this agreement at any point during the claims process by notifying you in writing. |
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| 9. |
Method of Payment |
| We will deduct our 25% plus VAT fee from your compensation award and forward to you the balance of all monies owed under the terms of this agreement. |
| If under any circumstances your compensation award is not remitted to us directly, we will raise an invoice for our fees which will be due for payment by you within 14 days of the date of the invoice. If for any reason we are unable to contact you by telephone by the 15th day after the invoice date and you default this fee, we reserve the right to deduct this amount from your credit/debit card details as supplied by you, on the 15th day or any day thereafter. It is your responsibility to advise us of any changes to your contact details including up to date telephone numbers. |
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