We want your decision to use Claimspower to pursue your claim to be the right decision for you. We are committed to providing a professional, simple to understand and easy to use service. We aim to be completely transparent in all our dealings with you and these Terms and Conditions explain our obligations. They will be at the heart of our relationship, and our contract with you. Please take the time to read them carefully.We hope you are happy with our service, but if you should have any reason to complain, please do not hesitate to contact us. A copy of our complaints handling procedure is available both on our website or by request. Brownstar Ltd, trading as Claimspower.com (“Claimspower”), is a limited liability company and a third party claims handler, Regulated by the Claims Management Regulator in respect of regulated claims management activities, Authorization No. CRM31943, and registered in England and Wales with number 06297942.
2.1. ‘The Claim’ means the Claim for compensation made by the Company on behalf of the Client against the Provider in respect of Payment Protection Insurance.
2.2. ‘The Business’ or “us” means Claimspower.com. “Services” means the work carried out by us including assessing the viability of, preparing, submitting and negotiating your claim(s) and negotiating payment of compensation or any other remedy or relief in respect of your claim(s).
2.3. ‘The Client’ means you the Client of the Company in respect of the Claim.
2.4. ‘Client’s Acceptance’ means the written acceptance by the Client of any Offer which written acceptance is sent by the Client either to the Company or the Provider.
2.5. ‘Client’s Acceptance Amount’ or “Compensation” means the amount of any Offer set out or referred to in the Client’s Acceptance.
2.6. ‘Letter of Authority’ means the document to be signed by the Client giving the Company authority to communicate with a Provider on the Client’s behalf.
2.7. ‘Offer;’ means an offer of financial compensation communicated to the Company and/or Client by the Provider from time to time in respect of a Claim
2.8. ‘The Provider’ means a financial institution, which has provided the Client with Payment Protection Insurance.
2.9. ‘The Regulator’ means the Claims Management Regulator
2.10 “Fee” means the fee payable to Claimspower for services to you.
3. The Service provided by the Company
3.1. The Company shall, following receipt of all completed forms and requested information, pursue a Claim on behalf of the Client against the Provider. The Company shall investigate all potential claims for the Client during the process with the Provider.
3.2. In order to pursue a Claim the Company will require the Client’s personal and financial details. The Company may need to request personal details, in the form of a ‘data subject access request’, from the Provider. This information will be used specifically for the purpose of pursuing the Claim.
3.3 Rely on the information and documents provided by you to us as being true, accurate and complete.
3.4 Use our reasonable endeavours to obtain Compensation for the claims which are pursued.
3.5 Promptly notify you if any claim is not to be pursued. We will act reasonably in taking any such decision.
3.6 Promptly notify you of the outcome of the claim(s).
4.The Client’s obligation to the Company
4.1. The Client agrees to fully cooperate with the Company should they require further information from the Client during the course of the investigation into the Claim. The Client agrees to provide the Company with complete and accurate details relating to the Claim.
4.2. The Client agrees to instruct the Company as sole representative and shall not instruct another party to pursue the Claim without the written permission of the Company.
4.3. The Client agrees not to communicate directly with the Provider or with the Financial Ombudsman Service for the duration of this contract without the Company’s prior consent. Such consent not to be unreasonably withheld or delayed.
5.1. The Client agrees to pay the Company a fee of 18% of the sum recovered from the Provider in respect of the Client’s Claims. For example:
5.2. The Company will not charge the Client if the Claim is unsuccessful.
5.3. When the Provider pays the offer to the Client, the Client must pay the Company’s invoice within 14 days of receipt or of the Offer being paid.
5.4. In the event that the Client’s Acceptance Amount is used to reduce the Client’s outstanding balance with the Provider, the Client will be responsible for settling the Company’s fees as set out in 5.1 (example 1 and 3) and 5.3. In these circumstances, the Company will accept part payment of its fees equal to at least 10% of its fee,] which shall be paid to the Company by the Client in an equal amount on a monthly basis.
5.5. Where a settlement Offer is made to the client in accordance with FCA and FOS guidelines but rejected by the Client either orally or in writing to the Company then the full fee is payable. We reserve the right to charge the full fee if you fail to sign the acceptance letter and send it back to them in the allotted time period.
5.6. In the event of non-payment of the Company’s fees by the Client, the Company reserves the right to recover the costs incurred in pursuing any sum the Client owes the Company. The costs shall include debt recovery fees, court fees, bailiff fees and any other administrative costs or professional fees incurred by the Company.
6. Cancellation Process
6.1. The Company may terminate the contract, in writing, if: i). The Client threatens to cease business with the Company ii). The Client is in breach of any of its obligations as set out in paragraph 4.
6.2. The Client has the right to cancel this agreement within 14 days of signing the Company’s Letter of Authority and Terms of Business. The 14 day period will commence from the date the Client returns to the Company the Questionnaire and signed Letter of Authority and Terms of Business instructing the Company to act on the Client’s behalf. Cancellation of the agreement must be made in writing to the Company.
6.3. Should the Client terminate this agreement after the 14 day period, set out in paragraph 6.2 above, but before a Client Acceptance Offer has been made, the Client agrees to pay the Company an administration fee which shall not exceed £50 for work completed on behalf of the Client.
6.4. If at the time of cancellation, we have received an offer of compensation, which has been calculated in accordance with the rules of Financial Services Authority or the principles used by the Financial Ombudsman Service and which we recommend is accepted by you, we reserve the right to charge the full fee.
7.1. Complaints must be made by letter, telephone, email or in person in respect of the service provided by the Company whom is regulated under the Compensation Act 2006.
7.2. A written or electronic acknowledgement of the complaint by the Client will be sent by the Company within 48 hours of receipt, identifying the person who will be handling the complaint on behalf of the Company. Wherever possible this person will not have been directly involved in the matter.
7.3. Within 4 weeks of receipt of the complaint, the Company will send a final response adequately addressing the complaint or a holding response explaining why the Company is still unable to make a final response, giving the reasons why and an expected date for a final response; and informing the Client that they may contact the Claims Management Regulator (details as set out in 7.6) if dissatisfied with the response.
7.4. Where the Company decides that compensation is appropriate, the Company will provide fair compensation for any acts or omissions for which the Company is responsible any direction of the Regulator.
7.5. The Company reserves the right to decline or consider a complaint that is made more than twelve months after the Client becomes aware of the cause of complaint. There may be instances whereby the Company will waive this requirement. Confirmation will be given by the Company to the Client in writing if a complaint has been made outside the time limit.
7.6. If the Client is not satisfied with the response of the Company, or if the complaint is not resolved after eight weeks of the Company being notified in writing of the complaint, the Client may refer the complaint to the Claims Management Regulator at Monitoring and Compliance Unit, 57-60 High Street, Burton on Trent, Staffordshire, DE14 1JS; Email firstname.lastname@example.org; Tel: 0845 4506858
7.7. The Claims Management Regulator is able to review the handling of the complaint and give advice on further handling of the complaint. However, the Regulator cannot determine a complaint or award redress.
This agreement will remain in force until any of the following events occur:
8.1. The Company or the Client receives the Client Acceptance Amount and the Company’s invoices have been settled in full by the Client.
8.2. The Client has exercised their right to cancel the agreement as set out in conditions 6.2, 6.3 and 6.4.
8.3. The Company has exercised its right to cancel this agreement as set out in conditions 6.1.
The Company will handle all personal data in accordance with the provisions of the Data Protection Act 1998. By providing the Company with personal data the Client authorise’s the Company to share these details with any organisation, including the Provider, the Financial Ombudsman Service or the Regulator for the sole purpose of pursuing the claim. The Company will not pass personal data to a third party not connected with the Claim without prior consent.
10.1. If the Company fails to perform its service to the Client with appropriate care and skill it will carry out remedial action at no extra cost to the Client.
10.2. The Company shall not be liable to the Client or deemed to be in breach of these terms of business by reason of any delay in performing, or any failure to perform, any of the Company’s obligations if the delay or failure was due to any cause beyond the Company’s control.
If any provision of these terms and conditions is held by any authority to be invalid or enforceable in whole or in part the validity of the other provisions of these terms and conditions and the remainder of the provision in question shall not be affected thereby.
12. Applicable Law and Jurisdiction
These terms of business shall be governed and construed in accordance with English Law and the parties shall submit to the non-exclusive jurisdiction of the English Courts.