Terms and Conditions
1. INTERPRETATION
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.
2. DURATION
The contract shall commence on the date on which the Client accepts the online terms
& conditions, 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.
3. SERVICES
The Company agrees with the client:
3.1 That it will provide services to the client on a No Win No Fee basis unless
the services of the supplier are cancelled after the cooling off period being 7
days from the client accepting the Terms and Conditions online. The client can cancel
the contract within 7 days of accepting the Terms and Conditions online by writing
to the Company with no financial cost to the client regardless of the amount of
work completed by the Company after which the Client shall be deemed to have accepted
the Terms and Conditions.
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 To promptly pay any Compensation received by the Company to the Client after
deducting the Service Charges within 30 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. In such circumstances,
the engagement agreement that the client has signed will be applicable.
3.12 The Client authorises the Company to accept offers directly from the 3rd party
where the Company believes the offers are fair and reasonable.
4. PRICE AND PAYMENT
4.1 The Client agrees to pay the service fee of 25% plus VAT of the total compensation
awarded. Payment is due within 14 days of receipt of compensation from your financial
services provider.
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 the fees based on either 25% + VAT of the estimated claim amount or at
the Company's standard hourly rate of £150 per hour.
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 shall pay to the Company the Company's
costs (including administrative costs) of aking such steps plus VAT on those costs
and in addition the Client undertakes that it will at all times be responsible for
all costs and expenses incurred by the Company, including but not limited to, £50
+ VAT for Debt collection fees, £150 + VAT for Court fees, interest and administrative
fees in recovering from the Client any service charge due and unpaid from the Client
to the Company. 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 The client also agrees and gives expressly consent that all payment from the
bank, financial institution or credit card provider must be made direct to Empire
Claims Limited.
4.7 Where the Company is successful in recovering the Client's charges or premiums,
the Client must pay the Company any administration fees necessary that the Company
had to pay. This includes, but is not limited to, data protection act charges in
recovery of the clients statements which shall not exceed the fee from time to time
permitted under DPA (currently £10)
4.8 The Client authorise The Company to recover any service charges due directly
from the Clients account, debit or credit card.
4.9 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. CLIENT'S OBLIGATIONS
5.1 To provide within 14 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 immediately copy to the Company any correspondence it receives from the
Third Party;
5.11 To promptly notify the Company of the full names of all joint policy holders.
5.12 That it has not previously claimed or received compensation or an offer of
compensation from the Third Party.
5.13 The Client must tell the Company within 5 days if they receive any communication,
correspondence, offer or settlement directly from the 3rd party.
5.14 The Client must not tell the Company any misleading information regarding any
communications, offers or payments received from the 3rd party.
5.15 The client must immediately notify the Company within 5 days via email of any
communication it receives from its bank or financial institution.
5.16 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. PAYMENT OBLIGATIONS
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.
6.5 The Company is allowed to accept offers from the 3rd party, without the client's
permission or authority, where it think the offers are fair and reasonable.
6.6 When the Client's compensation is paid directly by the 3rd party to the Client,
the Client agrees to pay the companies service charge as per section 4 within 14
days from receiving the Companies invoice.
7. LIMITATION OF LIABILITY
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.
8. CANCELLATION BY THE COMPANY
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. CANCELLATION BY THE CLIENT
9.1 The Client shall have the right to terminate the Contract by giving written
notice to the Company within 7 days of accepting the Terms and Conditions online.
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
5 working days of receipts. If the Client does not receive this acknowledgement
within a week, 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 terminate the Contract 7 days after accepting the terms
& conditions online, the Company reserves the right to charge the Client at the
Company's standard hourly rate of £150 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, or based on 25% + VAT of
the estimated claim value.
10. 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.
11. PRIVACY POLICY AND DATA PROTECTION
11.1 All personal data will be held in accordance with the terms of the Company's
privacy policy which can be found on the Company's website 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.
11.4 By acceptance of the Company's privacy policy and unless and until the Company
receives written instruction to the contrary, the Client agrees that the Company
may share the Client's personal information with banks, Financial Advisers or other
relevant financial institutions and to affiliates, associated companies or service
partners for the purposes of assisting the Client with financial planning matters
in respect of the Client's actual or projected shortfall 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 condition
and the privacy policy, the Company does not disclose to any third party the information
provided by 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.
12. MISLEADING INFORMATION
The Company reserves the right to charge the Client for any costs incurred by the
Company if 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, if it had been in possession of the full information.
13. ASSIGNMENT
The Company reserves the right to assign the Contract and all rights under it and
to sub-Contract to others all or any of its obligations. This Contract is personal
to the Client and is not assignable except to the personal representatives of the
Client.
14. RIGHTS OF THIRD PARTIES
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.
15. ENTIRE AGREEMENT
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.
16. SEVERANCE
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.
17. COMPLAINTS
The Company operates a complaints procedure, full details of which are set out at
http://www.empireclaims.co.uk/complaints.aspx
18. GOVERNING LAW
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