Terms & Conditions
The following definitions shall apply in this Agreement, unless the context requires otherwise, the following words shall have the meanings set out against them
‘Agreement‘ means the signed Agreement between The Client and The Company relating to the supply of services incorporating these Terms & Conditions.
‘Client’ shall mean any person or couple or group of persons for whom The Company is acting in their capacity of providing claims management services.
‘Compensation’ means all monies that are recovered by The Company, from the third party including but not limited to write off of debt, distress compensation, Payment Protection Premium and any interest and all related damages agreed or awarded either based on the original offer made by the third party or if such offer is revised after an appeal, revised figure if it is higher than the original offer.
‘Company’ means Crystal Financial Claims Ltd
‘Fee’ means the charge made by the company for the services.
‘Services’ means all or any of the services as specified within the Agreement.
‘Third Party’ means any person firm or Company that provided a loan, a mortgage or brokered an insurance policy that is in part or whole the subject of this claim.
‘V.A.T.’ means value added tax at the prevailing rate.
1.1 References to singular shall, where context permits, include the plural and vice versa
1.2 Words importing the neuter gender include the masculine and feminine gender(as the case may be) and words importing the masculine gender only shall include the feminine gender
The Agreement shall commence on the date on which The Client’s signed Agreement has been received by The Company and unless earlier terminated as provided below shall continue until:
2.1 Compensation is recovered for The Client by The Company and the fee is paid by The Client to The Company; or
2.2 The Company advises The Client in writing that it is unable to recover compensation; or
2.3 The Company exercises its right not to pursue a claim for compensation but this is without prejudice to any rights The Client may have to make a claim.
The Company agrees with The Client:
3.1 That it will use its reasonable endeavours to pursue an application for compensation from the third party on behalf of The Client where The Company believes that the claim has merits;
3.2 To notify The Client promptly and in writing if it decides that it will not pursue an application for compensation;
3.3 That it will not seek to recover its fee should the application to the third party for compensation prove unsuccessful;
3.4 To act in the best interests of The Client at all times;
3.5 To promptly pay any compensation received by The Company to The Client after deducting the amount due to The Company by way of the fee;
3.6 To hold all compensation monies received from a third party in a general client account that is separate from the main bank of The Company.
The Company’s fees are those referred to in the Agreement .The liability for The Client to pay the fees and any other charges that maybe payable by The Client under these Terms & Conditions is joint and several.
- General obligations of The Client
The Client agrees with The Company:
5.1 To provide promptly all such information as The Company may from time to time reasonably request;
5.2 To ensure all information sent to The Company is accurate, not misleading and shall not contain any relevant omissions
5.3 To authorise The Company to act on its behalf to contact the third party or such other persons, firms or companies as The Company considers necessary to perform the services and to authorise the release of any such information as The Company deems appropriate;
5.4 To authorise The Company to negotiate on the merits of The Clients claim;
5.5 To accept these terms and conditions as binding on The Client and to be responsible to The Company for any breach including payment of the fee.
5.6 Not to appoint any other person, Firm or Company to provide the services during the currency of this Agreement;
5.7 Not to contact the third party in connection with the claim without the permission of The Company;
5.8 Not to pursue the claim throughout the duration of the Agreement personally or via any alternative mechanism and not to contact the Financial Ombudsman Service in relation to the same subject matter as the claim, whilst the Agreement is in force;
5.9 To immediately copy to The Company any correspondence it receives from the third party or any other contact regarding the claim
- Payment Obligations of The Client
6.1 The Client assigns to The Company all its rights in the compensation and authorises The Company to collect on its behalf and/or in its absence any compensation due from the third party.
6.2 The Client irrevocably appoints The Company as its Attorney for the purpose of pursuing the claim and accepting any offer of settlement that maybe made in circumstances where The Client has not given instructions to The Company within a period of 21 days of being notified of the terms of any proposed settlement.
6.3 The Company shall pay to The Client the amount of the compensation it has received from the Third Party less the amount of fee and any other charges due to The Company in accordance with this Agreement. The Client also agrees and is liable to pay the fee and any other charges to The Company if the compensation is paid directly to The Client by the Third party.
6.4 Where an offer for compensation is obtained from the Third Party on behalf of The Client which in the reasonable opinion of The Company is a fair and reasonable one and that offer is rejected by The Client The Company reserves a right to charge a sum not exceeding the amount of the fee, which would have been payable in the event that The Client accepted the offer in line with The Company’s advice.
6.5 The Client irrevocably agrees to pay to The Company its fee and is deemed to have accepted an offer of compensation in cases where an offer of compensation, which in the reasonable opinion of The Company is a fair and reasonable one, had been sent either by The Company or the Third Party to The Client and The Client has not within 21 days of receiving such offer either returned to The Company, the Third Party’s acceptance form or a letter rejecting the Third Party offer either orally or in writing, to accept or reject the offer.
6.6 Where The Client agrees an offer from the Lender to write off the outstanding balance of the debt without an offer of compensation when, in the reasonable opinion of The Company compensation is due, The Company will invoice The Client for the fee of 30% including VAT.
The Company shall not be liable for any loss, damage or expense arising from any delay in the performance of any services caused by circumstances beyond The Company’s control, nor shall any such delay entitle The Client to repudiate the Agreement.
8.1 The Company will provide its services with reasonable skill and care.8.2 The Company shall not be liable for any loss or damage arising from any breach of this Agreement, except where such losses could have been reasonably foreseen by The Client and The Company at the time of the loss. The Company shall not be liable for indirect losses, which may arise in addition and which are not reasonably foreseeable by The Client and The Company.
8.3 The above shall not apply in respect of any loss arising as a result of The Company’s negligence in respect of either death or personal injury.
9.1 The Company shall have the right by giving written notice to The Client at any time to immediately terminate the Agreement if:
9.1.1 There occurs any material breach by The Client of any term of the Agreement , which is irremediable or if remediable is not remedied to The Company’s satisfaction within 15 days of a written notice by The Company specifying the breach and requiring it to be remedied; or
9.1.2 The Client does not follow any recommendations of The Company.
9.2 The Client shall have the right to terminate the Agreement, by giving written notice to The Company within 14 days of signing the Agreement. Termination will only take effect from the date that The Company receives the notice of termination and The Company agrees to acknowledge such termination as soon as reasonably practicable following receipt.
- Force Majeure
The Company shall not be liable for any delay or other failure to perform any services by reason of any cause whatsoever beyond its reasonable control and the time for performance shall be extended by the period of any such delay.
The subject matter of the Agreement and any information acquired by either The Company and The Client pursuant to the Agreement is confidential and neither The Company nor The Client shall, without prior written consent of the other Party make use or disclose the information except for the purposes of the Agreement, save to the extent such information is or becomes publicly available otherwise than in breach of the foregoing obligations.
- Data Protection Policy
12.1 All data is held in accordance with the provisions of the Data Protection Act 1998.
12.2 You have a right to ask for a copy of your information (for which we may charge an administration fee) and to ask us to correct any inaccuracies in your personal information (which is free). To make sure we follow your instructions correctly and to improve our service to you, we may monitor or record telephone calls.
12.3 By accepting this policy and unless and until we receive written instruction to the contrary, The Client agrees that The Company may share The Clients personal information with banks, Financial Advisers or other relevant financial institutions and to affiliates, associated companies or service partners for the purposes of assisting in the progress of The Clients claim in respect of actual or projected losses or for other financial/insurance matters or to any other firm, person or Company that The Company believes may be of similar assistance to The Client. Except as explicitly stated in this Policy, The Company do not disclose to any third party the information provided
12.4 The Client acknowledges and agrees that its personal data may be submitted to a credit reference agency and processed on behalf of The Company in connection with the services if appropriate.
- Misleading Information
13.1 If The Client provides The Company with misleading information The Company may agree to pursue The Client’s claim in circumstances where The Company would have otherwise been entitled to terminate the Agreement.
13.2 if The Company later discovers that The Client has provided further misleading information then the Agreement will come to an end and The Client will be liable to pay The Company the reasonable cost of work undertaken on The Clients behalf to include the payment of any disbursements and the cost of undertaking the work limited to £100.00 per hour plus V.A.T.
The Company Complaints procedure is supplied as an annexe to the Terms and Conditions and is amended from time to time in line with the requirements of legislation.
- Assignment and Sub-Contracting
The Company reserves the right to assign the Agreement and all rights under it and to sub-contract to others all or any of its obligations. This Agreement is personal to The Client and is not assignable except to the personal representatives of The Client.
- Rights of Third Parties
The Company and any person to whom The Company assigns the Agreement and The Client shall acquire enforceable rights under or in connection with the Agreement. Subject to the foregoing, a person who is not a party to this Agreement will have no rights pursuant to the Agreements (Rights of Third Parties) Act 1999 to enforce the Agreement.
- Entire Agreement
The Company intends to rely upon the written terms set out in this Agreement. Should there be a subsequent dispute in relation to what has been agreed, The Client and The Company agree that no variation to this Agreement shall be permitted unless such variation is recorded in writing and signed by The Client and The Company.
Any notice must be given in accordance with the Agreement and shall be in writing.
If any provision of this Agreement is held by any Court or other competent Authority to be void or unenforceable in whole or in part the remaining provisions of the Agreement and the remainder of the unaffected provisions shall continue to be valid.
- Law and Jurisdiction
The law applicable to this Agreement shall be the law of England and Wales and the Parties consent to the exclusive jurisdiction of the Courts of England and Wales in all matters affecting this Agreement.
No failure or delay in exercising any of The Company’s rights shall constitute a waiver of the same or any other of its rights.
Headings are included in this agreement for ease of reference only and shall not affect interpretation or construction.
© |Crystal Financial Claims Ltd 2015