1.1 ‘Claim’ means the Client’s contemplated action including Court proceedings against the Company for Compensation relating to mis-sold payment protection insurance policies and/ or to unfair commission charges on payment protection insurance policies.
1.2 ‘Client’ means the holder(s) of a policy, bank account/credit card account or party to a regulated Credit Agreement authorised to appoint Pacific Financial Claims Ltd trading as Professional Reclaim Services to act on his/her/their behalf in respect of the Claim.
1.3 ‘Company’ means 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 Advisor or any other entity which applied the unlawful charges or mis-sold payment protection insurance policies (or their employee, director, agent, representative and associates).
1.4 ‘Compensation’ means any sums paid or awarded to the Client in the Claim, whether in repayment of premiums or commission, reduction of debt or other financial benefit and including any interest.
1.5 ‘Professional Reclaim Services’ means Pacific Financial Claims trading as Professional Reclaim Services Limited, a claims management company of 2nd Floor Castle Buildings, Market Place, Bury, Greater Manchester, BL9 0LD.
1.6 ‘Letter of Authority’ means the signed letter from the Client to be sent by Professional Reclaim Services to the Company giving Professional Reclaim Services the Client’s authority to act in the Claim.
1.7 ‘Services’ means the services provided to the Client by Professional Reclaim Services and/or its agents including making the Claim for Compensation from the Company.
1.8 ‘Terms’ means these Terms and Conditions.
1.9 ‘Reasonable Offer of Compensation’ means any offer of Compensation made in accordance with FCA, FOS and FSCS guidelines, or an offer deemed as such by a court of law in England and Wales.
1.10 ‘Fee’ means the agreed fee of 20% plus VAT for PPI claims and/or 39% plus VAT for PBA claims (including all taxes where applicable), payable to Professional Reclaim Services for the Services carried out by it. This Fee becomes payable by the Client immediately upon receipt of the Compensation.
If we are successful in obtaining compensation for any Payment Protection Insurance claim, then you owe us 20% of the compensation plus VAT totalling 24%. examples of these fee’s can be found in the tables below.
If we are successful in obtaining Compensation for any other claim other than Payment Protection Insurance, then You owe us 39% of the Compensation plus VAT totalling 46.8%. examples of these fee’s can be found in the tables below.
2. Conduct of Engagement.
2.1 The Client hereby agrees to be bound by the Terms and appoints Professional Reclaim Services to assess, pursue and if reasonably possible to complete the Claim.
2.2 The Client gives to Professional Reclaim Services his/her/their consent and full authority to obtain relevant information and deal with the Company on the Client’s behalf until the conclusion of the Claim.
2.3 You are aware that you could complain directly to the Company at no cost and/or make a complaint to the Financial Ombudsman Service, and you acknowledge that you have the right to shop
around, but herby confirm your instructions to pursue your Claim using Professional Reclaim Services.
3. The Client.
3.1 Will deal promptly with every reasonable request by Professional Reclaim Services for authority, information, documents and further instructions that they may, from time to time, require. If you fail to do so Professional Reclaim Services will be entitled to terminate this agreement in accordance with clause 5.3.
3.2 Will promptly inform Professional Reclaim Services of any relevant matters affecting the claim.
3.3 Will be liable for the Fee as set out at Clause 1.10 and Clause 5.
3.4 Will immediately inform Professional Reclaim Services if the Company pays the Client(s) directly and forward the Fee to Professional Reclaim Services.
3.5 Authorises the Company to pay the Compensation to Professional Reclaim Services and for Professional Reclaim Services to retain the Fee before remitting the balance to the Client.
3.6 Gives the right to Professional Reclaim Services to deal exclusively with the Claim either by itself or through appointed solicitors. The Client will not instruct any other representative nor pursue their PPI claim themselves against the Company without first terminating these Terms in accordance with Clause 5.
3.7 For the avoidance of doubt the Client will not be liable for any charge in respect of the Claim if Professional Reclaim Services decide not to pursue the Claim or if the Claim is pursued and the Company pays no Compensation.
3.8 Authorises and consents for the Company to access and undertake searches of their credit report(s) where required to assist with identifying and locating the Client in the event that the Client does not pay the Fee when due.
3.9 Confirms that if they provide details to Professional Reclaim Services of any friends, family members or any other person who they advise wants to pursue a Claim themselves, then the Client confirms that they have the express consent from this person to do so and further that this individual has provided their consent to be contacted by Professional Reclaim Services. The Client acknowledges that their identity may be passed to the person being referred as a means of verifying the enquiry.
3.10 Confirms that they have provided Professional Reclaim Services with all documents,
Including in electronic form in their possession that are relevant to the claim and which give evidence of a fact in
the claim, to the best of their knowledge and belief.
4. Professional Reclaim Services will:
4.1 Check the details provided by the Client and will rely on the documents provided by the Client as being true,
accurate and so far as possible complete.
4.2 Use its reasonable endeavours to obtain the maximum Compensation for the Claim.
4.3 Promptly notify the Client if the Claim is not to be pursued. Professional Reclaim Services shall at its discretion decide whether or not it will proceed with the Claim at any time but will act reasonably in taking any such decision.
4.4 Promptly notify the Client of the outcome of the Claim.
4.5 As soon as is reasonably practicable following the settlement of a Claim and the receipt by it of
Compensation pay the Client the balance due after deducting the Fee.
4.6 Preserve confidentiality,
including the Client’s personal information (even when this Agreement has terminated and the Client is no longer a Client),
4.7 Any claim by way of indirect, special or consequential damage arising out of any act or omission or commission by Professional Reclaim Services is specifically excluded.
5. Cancellation & Termination.
5.1 Commencing on the date you sign these Terms of Engagement you have 14 days to cancel your Agreement and authority instructing Professional Reclaim Services to act on your behalf without charge (‘Cooling-off Period’). To exercise your right to cancel you must inform us of your decision to cancel by making a clear statement by letter, email, telephone or you can also use the cancellation form available on our website (but you are not obligated to use this.) If you provide your notice of cancellation in writing,
please ensure this is sent to Professional Reclaim Services Limited,
2nd Floor, Castle Buildings, Market Place, Bury, Greater Manchester, BL9 0LD.
5.2 You may cancel this Agreement by informing us of your decision to cancel at any time.
However if you cancel this Agreement outside the Cooling-off Period at clause 5.1 you may be responsible for payment of our fees. If we have not succeeded in obtaining a Reasonable Offer of Compensation (calculated in accordance with the FOS, FSCS and the FCA guidelines) by the date of cancellation we will charge you a cancellation fee for the work done which will be reasonable and proportionate to the work done and the costs incurred by us up to the point of cancellation. For any manual communication e.g. an outgoing or incoming call/letter or email to or from either You or the Company we will charge You £25 per communication. For any automated communication to You e.g. letter, SMS or email we will charge you £10 per communication. If we have succeeded in getting a Reasonable Offer of Compensation by the date you cancel then it is the Fee detailed at clause 1.10 of these Terms that is payable by you.
5.3 If Professional Reclaim Services terminates this agreement on the grounds of your failure to deal promptly with any request for information as set out at Clause 3.1, you will be responsible for payment of the Fee in the event that a Reasonable Offer of Compensation has been made.
5.4 If you have been, you are or you become bankrupt or subject to an Individual Voluntary Arrangement you must inform Professional Reclaim Services immediately. If you do not and we continue with your claim you may not be entitled to keep your refund but you will be liable for the Fee.
6. Data Protection & Compliance.
6.2 Full details of Professional Reclaim Services’ internal complaints handling procedures are available upon request and via our website at www.professionalreclaimservices.co.uk. We have eight weeks to consider your complaint.
6.3 Pacific Financial Claims Ltd trading as Professional Reclaim Services is regulated by the financial Conduct Authority in respect of regulated claims management activities (FRN830405).
6.4 Time limits may apply to pursuing a PPI Claim. Please send your Claim to us and we will advise you whether it will be possible to make a Claim. In accordance with 3.7, the Client will not be liable for any charge in respect of the Claim if Professional Reclaim Services decide not to pursue the Claim or if the Claim is pursued and the Company pays no Compensation.
6.5 The Client agrees that Professional Reclaim Services may contact them in the future to offer new methods of making a Claim, to offer to revisit past Claims and/ or to offer to search for additional Claims.
7. Governing Law & Jurisdiction:
7.1 This Agreement shall be subject to the laws and to the jurisdiction of the Courts of England and Wales
Pacific Financial Claims Ltd trading as Professional Reclaim Services is registered in England and Wales, company registration number 0942803. Registered Office Address: 2nd Floor, Castle Buildings, Market Place, Bury, Greater Manchester, BL9 0LD. Pacific Financial Claims Ltd is regulated by the Financial Conduct Authority respect of regulated claims management activities, FRN830405. ICO No: ZA227702