The following words shall have the following meanings:
1.1 'Client' means the Client of the Company.
1.2 'Compensation' means all monies that are recovered by the Company from the Third Party including but not limited to the refund of bank charges, credit card charges and store card charges. Payments made toward the reduction of the Client's outstanding account balance, debt, overdraft or loan with the Third Party. Recoverable premiums, charges, fees and any other recoverable costs or monies paid to the Client by the Third Party including interest.
1.3 'Company' means Empire Claims Ltd (Company Number: 6311039).
1.4 'Contract' means the contract between the Company and the Client for the provision of the Services, comprising the signed Letter of Engagement and these terms and conditions.
1.5 'Services' means all or any of the Services as specified in the Contract.
1.6 'Service Charges' means the charges payable by the Client as set out in the Contract.
1.7 'Third Party' means the bank, person, firm or company that made the client pay a penalty fee or charge.
1.8 'VAT' means value added tax at the then prevailing rate.
1.9 'Terms and Conditions' means the terms and conditions of supply set out in this document and any special terms and conditions agreed in writing.
The contract shall commence when you have returned your welcome pack, and unless earlier terminated as provided below shall continue until:
2.1 Compensation is recovered for the Client by the company and the service charges are paid by the Client; 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 The client can cancel the contract within 14 days of accepting the Terms and Conditions by writing to the Company with no financial cost to the client regardless of the amount of work completed by the Company. After 14 days, charges may apply where you chose to cancel your contract. The T&Cs will have been made available online and will have been emailed to your where you provided a valid email address during registration. 3.2 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 it is reasonable to do so, having regard to the merits and the value of the Client's claim;
3.3 To notify the Client promptly and in writing if it decides that it will not pursue an application for Compensation;
3.4 To use reasonable endeavours to keep the Client informed of the progress of the claim;
3.5 That it will not seek to recover the Service Charges should the application to the Third Party for Compensation prove unsuccessful, unless this is due to an act or omission on the part of the Client;
3.6 To act in the best interests of the Client at all times;
3.7 Where the company receives any compensation directly, the company agrees to pay any compensation to the client after deducting the service fee within 14 days;
3.8 To hold all Compensation monies received from a Third Party in a general Client account that is separate from the main bank account of the Company;
3.9 To commence legal proceedings against the Third Party to recover Compensation if necessary.
3.10 The Company will use all reasonable endeavours to perform the Services within a reasonable period from the date of receipt of the letter of engagement signed by the Client. The Company cannot be held responsible for delays due to circumstances beyond its control, such as delays caused by the Third Party or the Client. Reasonable delays in performance or delays due to circumstances beyond the Company's control shall not entitle the Client to terminate the Contract.
3.11 That Company may, where it deems necessary, refer this matter to one of our panel of solicitors to take over the conduct of this case. Where this occurs, you will receive an additional agreement to review and sign.
4.1 Payment Terms – (PPI, credit card charges & bank charges) When the Client's
compensation is paid directly by the 3rd party to the Client, the Client agrees to
pay the Companies service charge (25% plus VAT) within 14 days from receiving the
4.2 If the Client fails to comply with the terms set out in section 5 'Client's obligations' and the case is closed by the Company, the Company shall be entitled to charge £50 per hour plus VAT for all work completed.
4.3 The liability for the Client to pay the Service Charges and any other charges that may be payable by the Client under the Contract is joint and several. This means that the Company can recover all of such charges from any person who is the Client.
4.4 In the event the Company takes steps to recover any service charges due and unpaid by the Client to the Company, the Client agrees that it will at all times be responsible for all reasonable costs and expences incurred by the company. These may include, but are not limited to for collection fees, £150 + VAT for Court fees, interest and administrative fees. In the event the Company must take court action to recover any unpaid service charges from the Client, the Client is liable for any loss of revenue the Company could have incurred due to the clients non payment.
4.5 All sums due from the Client which are not paid on the due date (without prejudice to the rights of the Company under the Contract) shall bear interest from day to day at the annual rate of 2% over the base lending rate of Barclays Bank Plc.
4.6 Where the client gives the option by a 3rd party to nominate a bank account for the refund to be returned too, the client gives expressly consent that all payment from the 3rd party must be made directly to Empire Claims Limited.
4.7 The Client authorise The Company to recover any service charges due directly from the Clients account, debit or credit card.
4.8 If any court fees have been paid by the Company, and these are included in the award received from your financial services provider, these must be returned to the Company after you have received final compensation.
5.1 To provide within 7 days all such information as
the Company may from time to time reasonably request.
5.2 To ensure that 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 Client's claim;
5.5 To deal with all correspondence from the Company within 14 days
5.6 To accept these terms and conditions as binding on the Client and to be responsible to the Company for any breach including the payment of the Service Charges;
5.7 Not to appoint any other person firm or company to provide the Services during the term of the Contract;
5.8 Not to pursue the claim during the term of the Contract personally and not to contact the Financial Ombudsman Service;
5.9 Not to contact the Third Party without the consent of the Company;
5.10 To promptly notify the Company of the full names of all joint policy holders.
5.11 That it has not previously claimed or received compensation or an offer of compensation from the Third Party.
5.12 The Client must tell the Company within 7 days if they receive any communication, correspondence, offer or settlement directly from the 3rd party. This can be by letter email or phone call.
5.13 The Client must not tell the Company any misleading information regarding any communications, offers or payments received from the 3rd party.
5.14 The Client agree that whereby the Client has made a previous claim on their PPI policy the Client will pay the service charge whereby the Company win the claim
6.1 The Client assigns to the Company all its rights in
the Compensation and authorises the Company to collect on its behalf any Compensation
due from the Third Party.
6.2 The Company shall pay to the Client the amount of the Compensation it has received from the Third Party less the amount of service charges and any other charges due to the Company in accordance with this Contract. The Client also agrees and is liable to pay the service charges to the Company if the Compensation is paid directly to the Client by the Third Party.
6.3 When an offer for Compensation is obtained from the Third Party on behalf of the Client which in the reasonable opinion of the Company is fair and reasonable one and that offer is rejected by the Client then the Company reserves the right to charge a fee not exceeding the amount of the Service Charge which would have been payable in the event that the Client accepted the offer in line with the Company's advice.
6.4 The Client agrees to pay to the Company the Service Charge and is deemed to have irrevocably 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, has been sent either by the Company or the Third Party to the Client, and the Client has not within 28 days of receiving such offer either returned to the Company, the Third Party's acceptance form or a letter rejecting the Third Party's offer.
7.1 The Company's liability in respect of the Services
is to provide the same with reasonable skill and care. The Company does not make
any other promises or warranties about the Services.
7.2 The Company shall incur no liability to the Client in respect of any failure to complete services. The Company is not liable in any way for any unsuccessful claim or any costs, damage or any other expense incurred by the Client.
7.3 If as a result of a claim a bank, person, firm, company or other financial institution withdraws a product or a service from the Client, or if a future application for a product or service is rejected as a result of making a claim the Company shall not be liable.
The Company shall have the right by giving written notice
to the Client at any time to immediately terminate the Contract if:
8.1 there occurs any material breach by the Client of any term of the Contract which is irremediable or if remediable is not remedied to the Company's satisfaction within 10 days of a written notice by the company specifying the breach and requiring it to be remedied; or the Client is adjudicated bankrupt, enters into a voluntary arrangement with its creditors or has a receiver appointed under the Mental Health Act 1983; or the Client does not follow any recommendations of the Company.
8.2 The Client don't return communication from the Company within 14 days.
9.2 Any termination by the Client must be communicated in writing. The Company recommends
that the written confirmation of termination should be sent by recorded delivery. The
Company will acknowledge the Client's written confirmation of termination within 7 working
days of receipts. If the Client does not receive this acknowledgement within 10 days, the
Client should contact the Company's Customer Relations Department to check that his/her
written confirmation of termination has been received. In the event that the Client
terminates the Contract 14 days after accepting the terms & conditions online, the Company
reserves the right to charge the Client at the Company's standard hourly rate of £50 per
hour, such preparation, processing, and submission costs as may have been incurred by the
Company up to the time the Client's notice of cancellation has been received by the
Company. Where the client cancels their claims after Empire Claims has received an offer,
the charges will be 25% + VAT of the offer value.
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
11.1 All personal data will be held in accordance with
www.empireclaims.co.uk. All data is held in accordance with the provisions of the
Data Protection Act 1998 ("DPA"). For further information see our policy on http://www.empireclaims.co.uk/privacy.aspx
11.2 The Company agrees to comply with any written Subject Access Request under the DPA made by the Client for the personal data that it holds about the Client subject to any exemptions that may apply fromtime to time. TheCompany charges an administration fee for providing this information, which shall not exceed the fee from time to time permitted under the DPA (currently £10).
11.3 The Company further agrees to correct any inaccuracies in the Client's personal data held at the request of the Client.
11.5 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.
Where any information provided by the Client is misleading or contains material omissions
which result in the Company providing the Services to the Client, which it would have
declined to do had it had been in possession of the full information, The Company
reserves the right to charge the Client £50 per hour for any work undertaken.
A person who is not a party to the Contract will have
no rights pursuant to the Contracts (Rights of Third Parties) Act 1999 to enforce
The Contract contains all the terms which the Company
and the Client have agreed in relation to its subject matter and supersedes all
previous oral or written communications between the Company and the Client. Nothing
in the Contract excludes or limits either party's liability for fraudulent misrepresentation.
The Company does not authorise the giving of representations on its behalf by any
person unless confirmed in writing and signed by the director of the Company.
If any provision of the Contract is held by any court
or other competent authority to be void or unenforcable in whole or part, the other
provisions of the Contract and the remainder of the affected provisions shall continue
to be valid.
The Company operates a complaints procedure, full details
of which are set out at http://www.empireclaims.co.uk/complaints.aspx
The law applicable to this Contract shall be English law
and the parties consent to the jurisdiction of the English courts in all matters
affecting this Contract