PPI Version 7: 13/02/15 (No Win No Fee Agreement)
Crystal Legal Services Limited (Company Number 0637474) Gawsworth House, Westmere Drive, Crewe CW1 6XB, are a Claims Management Company who provide a claims management services in respect of financial mis-selling.
The following terms constitute the Terms of Business for Crystal Legal Services Ltd to provide the services as described below.
- Interpretation. For the purposes of these Terms of Business
- ‘Company’ ‘We’ ‘Us’ and ‘Our’ are references to Crystal Legal Services Limited (CLS).
- ‘Client’ ‘You’ and ‘Your’ are references to the person to whom our Terms of Business are addressed.
- ‘Compensation’ is defined as the amount paid to the client in respect of redress awarded to You and means the total cash received, or the total refund offset against any arrears or removed due to tax, or a combination of all.
- ‘Letter of Authority’ means the letter signed and returned by You to Us authorising Us to act as Your representative in respect of Your claim(s).
- ‘Contract’ refers to the obligations between the company and You as set out in these Terms of Business.
- ‘Claim’ refers to a formal complaint brought about by Us on Your behalf against Your Bank.
- ‘Bank’ means the bank, building society, finance provider product supplier, broker/intermediary or credit card or other such company.
- What we agree to do
- Assess your case and if appropriate, pursue a Claim for the recovery of your losses on your behalf.
- Deal with all areas of your Claim, including correspondence with relevant Banks and/or institutions and all negotiations. It may be necessary for us to obtain further signed documentation from You to make this possible.
- If needed, we will pursue your claim with the Financial Ombudsman Service (FOS), the Financial Services Compensation Scheme (FSCS) (or other regulatory body) at no additional cost to you.
- Inform You of any/all offers of settlement we receive, evaluate them and inform You whether we consider You should accept or reject the offer.
- Always act in Your best interests when pursuing Your claim and achieving for You the best results realistically obtainable.
- If the recovered amount is paid directly to Us then We will deposit the payment in Our client account, we will deduct Our agreed fee and forward the rest of the amount awarded to You. If the payment is made directly to You we will forward an invoice to for Our fees to You for payment.
- You have been advised that You are able to bring this Claim(s) Yourself and have been made aware of the Financial Ombudsman Service (FOS) and that other legal options may exist.
- Obligations of the Client. You agree to:
- Promptly supply Us with any and all documentation and supporting information, as reasonably requested by Us to progress Your Claim.
- Ensure that any information supplied to Us will be accurate and not deliberately misleading.
- Inform Us promptly should You receive any communication from Your Bank including when You receive Compensation payments for Claims made by Us on Your behalf.
- If payment is made directly to You by Your Bank You pay Us Our fee within 7 days of receipt of payment.
- You authorise Us to refer Your Claim to the FOS or FSCS if we believe it is in your interests to do so.
- You agree not to enter into any agreement directly with Your Bank without first consulting Us
- You authorise and request Us to investigate all finance agreements You may have had for financial mis-selling if we believe it to be worthwhile.
- To provide Us with, and ensure that we have the exclusive authority to act for You:
(a) to pursue your claim and (b) to enter into correspondence and negotiations with Your Bank on your behalf
- Not to remove or cancel our authority to act from Your Bank. If You do so We may treat this as an act of Cancellation under section 7.
- Not to instruct another 3rd party to act for you on any Claim you have instructed Us to act for You on.
- We operate on a No Win, No Fee basis, except where the agreement is cancelled by You after 14 days or You fail to fulfil Your obligations set out in Section 3 of this agreement.
- We will only charge You a fee if We achieve some Compensation award for You.
- Our fee is 30% plus VAT of any Compensation we achieve for You.
- Compensation may be paid to you in cash or used to repay arrears You may have. We will calculate Our fee as follows:
(Example (1) commission, claim awarded of £1000. Our fee 30% + VAT@20% (total charge 36% inc VAT) equals fee payable to Us of £360 and You receive £640)
(Example (2) Claim award of £1000. Our fee at 30% + VAT@20% (total charge 36% inc VAT) equals fee payable to Us of £360 and client receives £640) Bank deducts £200 (due to arrears or tax) meaning you receive cash of £440 and You are still liable for Our fee of £360.
(Example (3) Claim award of £1000. Our fee 30% + VAT@20% (total charge 36% inc VAT) equals fee payable to Us of £360 and client receives £640). Bank deducts £1000 (due to arrears or tax) meaning you receive cash of £0 and You are still liable for Our fee of £360.
- In the event that We win Your Claim and You reject an offer of Compensation which We deem reasonable (in accordance with the FCA and FOS guidelines) then You acknowledge that Our Fee may still be payable and calculated on the value of the offer as per 4.4.
- Payment of Fee’s
- Where Your Bank makes payment to Us/Our Client Account We will deduct Our fee’s from the Compensation and pay the remaining to You by cheque within 7 days of funds being cleared in Our account
- Where Your Bank makes payment to You, You agree to pay Our invoice within 7 days of receiving Compensation in Your account.
- We accept payment by cheque and electronic direct bank transfer at no cost. Payments made by debit card or credit card may be liable to a surcharge of up to 3% depending on Your card issuer. Payments by Paypal and other payment methods may be accepted but also subject to surcharge depending on the specific payment method which We shall advise at the time of payment.
- Non-payment of Invoice and collection activity
- All invoices must be paid within 7 days of You receiving payment from Your Bank
- Any outstanding balance beyond this date may accrue interest at Barclays Bank base rate plus 6% until payment is made or payment terms are agreed with Us for payment of the outstanding debt.
TOB PPI Version 7: 13/02/15
- Invoices which remain unpaid after 30 days without agreement may be subject to further cost for telephone calls and invoice reminders and these may be added to the outstanding debt – £10.00 + VAT Second and subsequent written reminder
- £12.00 + VAT Second and subsequent telephone reminder
- £50.00 + VAT Solicitors Letter Before Action (LBA)
- If We are required to take steps to recover the debt (e.g. via County Court, collections agencies or bailiffs) the costs of such recovery action may be added to the outstanding debt.
- We can cancel this Agreement at any time. There will be no fee payable if We advise You that Your claim is unlikely to succeed, provided You have fulfilled Your obligations (as laid out in section 3 of this agreement).
- You may cancel the agreement at any time.
- To exercise the right to cancel, you must inform us of your `decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached cancellation form found on the complaints procedure page of this document, but it is not obligatory.
- We shall have the right, by giving written notice to the Client at any time, to immediately terminate the contract if:
You are adjudicated bankrupt, enters into a voluntary arrangement with Your creditors or has a receiver appointed under the Mental Health Act 1983.
- Failure by You to co-operate with reasonable requests by Us during Your Claim (as per Section 3 of this agreement) will be treated as if You have cancelled this agreement and may incur cancellation costs as per section 8. We will write to You giving 14 days notice of this happening and allowing You the opportunity to co-operate with Our
- If Cancellation takes place once the Bank has made an offer of Compensation, We shall have the right to charge a fee equivalent to the fee that would be payable if the offer was accepted in accordance with Clause 4.4.
- Effects of cancellation
- If You cancel the agreement within 14 days of Us receiving Your returned agreement then there will be no charge to pay.
- If cancellation is made after the initial 14 day period but before any offer is made by the Bank, We reserve the right to charge a reasonable fee to cover the costs incurred by Us in performing the services under this contract up to the date of cancellation.
- Our charges where You cancel after the 14 day cooling off period are currently £85.00 + VAT Per Hour: charges are applied on a time served basis.
- We shall only be liable for our actions and performance in carrying out the services described under this agreement. Specifically, We are not liable for the performance of the Bank, FCA, FOS or FSCS and other such 3rd parties
- We shall perform the services as described in Section 2 with reasonable endeavours. We cannot guarantee that You will win Your claim.
- How we use your information
- We collect information about you to process your claim, manage your case and if you agree, to contact you by email, phone, letter and SMS about Crystal Legal Services other products and services that we think may be of interest to you.
- You have the right to request a copy of the information that we hold about you. If you would like a copy of some or all of your personal information, please email or write to us at the following details. Crystal Legal Services, Gawsworth House, Westmere Drive, Crewe, CW1 6XB. firstname.lastname@example.org we may make a small charge for this service.
- For further information on how your information is used, how we maintain the security of your information, and your rights to access information we hold on you please contact: 01270 44 66 00/www.crystallegal.com/privacy-policy / email@example.com
- You can also choose to opt out of all or selected marketing communications from Crystal Legal Services. You can update your marketing preferences by visiting www.crystallegal.com/opt–out
- 2 Nothing in the contract shall exclude or limit Our liability for (i) fraud, (ii) death or personal injury caused by its breach of duty, (iii) any breach of the obligations implied by s.12 Sale of Goods Act 1979 or s.2 Supply of Goods and Services Act 1982 or (iv) any other liability which cannot be excluded or limited by applicable law.
- Before We are able to evaluate Your claim, We are required to hold and process information about You.
- We are not legal or financial advisers, and as such none of Our employees may give clients financial or legal advice at any time, either verbally or in writing.
- Should a Bank deem it necessary to close an account of a client of We accept no liability, consequential loss or other result of the account closure.
- Force Majeure
- We shall not be liable for any delay or other failure to perform any services by reason of any cause whatsoever beyond Our reasonable control and the time for performance shall be extended by the period of any such delay.
- All audited agreements are based on information supplied by You or third parties: We accept no responsibility for the accuracy of information provided or received from You or third parties
- Law and Disputes.
- The contract and Your relationship with us shall be governed by the Laws of England and Wales. You agree to submit to the exclusive jurisdiction of English Courts.
- We aim to provide You with a high quality service to meet Your needs but if at any time You wish to make a complaint about any aspect of our services, please contact the Complaints Handler at Crystal Legal Services Ltd. Alternatively if you wish to lodge a complaint and do not wish to follow our set complaints procedure, you have the right to use the ODR platform to raise a dispute. The platform can be accessed here; http://ec.europa.eu/consumers/odr/
- The Grand Draw.
- The Grand Draw is an occasional activity that offers all referrers in a campaign a unique chance to win a prize pot determined by the Leadership team.
- Each successful referral into the business will generate a unique Customer ID number. This number will be entered into a random prize draw, overseen by the Leadership team of the business and an independent witness, and the winner will be the first number selected during the automated process.
- Crystal Legal services reserves the right to modify or withdraw the policy at any time.