Terms of Instruction - Payment Protection Insurance

The following constitutes the Terms of Business of Crystal Legal Services Ltd when acting on behalf of clients with respect to administration and negotiation of financial mis-selling claims. Crystal Legal Services Ltd is regulated by the Ministry of Justice in respect of regulated claims management activities under authorisation CRM20182

1. Definitions

1.1. References to "we", "us" and "our" mean Crystal Legal Services Ltd referred to as CLS, or its legal representative

1.2. Reference to "you" and "your" mean Client whose details are set out in the Letter of Authority and may be an individual or a couple as set out in the Letter of Authority and who have appointed CLS to represent them.

1.3. "Cancellation Charge" means a charge by us if you cancel your agreement with us after we have undertaken work to recover Compensation for you

1.4. The "Claim" means pursuant actions for compensation or redress or refund, including all interest, with respect to mis-sold financial products

1.5. "Compensation payment" or "Compensation" means any sum of money paid to the Client as compensation, redress, gesture-of-goodwill or refund as a result of the Claim. Money repaid onto credit card or repaid to a loan shall also count. Where such an offer is revised on appeal, then the higher amount shall be used in order to calculate the amount of the Compensation.

1.6. "Letter of Authority" means the letter to be signed and returned by the Client to authorise CLS or our appointed legal representative to act on your behalf in all dealings in respect of your Claim against a Vendor and accepting these Terms of Business

1.7. "Terms of Business" means this document and all of the terms contained within it

1.8. "Vendor" means the product provider, insurance company, IFA, bank, lender, selling agent or other such company/ individual against whom, a Claim is brought

2. Cancellation

2.1. CLS can cancel this agreement at any time if we think there are no grounds for a complaint or that your Claim is unlikely to succeed and if we do then no fee will be payable by you. We will write to you if this is the case.

2.2. If the Client commits a material breach of the contract which is irremediable or if remediable is not remedied to the CLS's satisfaction within 15 days of a written notice by CLS specifying the breach and requiring it to be remedied: or the client is adjudicated bankrupt; or the Client does not follow any recommendations of CLS or acts against the advice given by CLS in respect to the Clients Claim.

2.3. The Client shall have the right to terminate the contract by giving written notice to the CLS within 14 days of signing the Terms of Business. In the event that the client terminates the contract after 14 days the Company reserves the right to make a cancellation charge that will reflect the work undertaken by us in pursuit of your Claim. The amount of Cancellation Charge could be anything up to our full fee plus VAT at the time.

2.4. If you cancel this agreement after we have won your case, received an acceptance of liability or an offer of compensation then a charge of the greater of three hundred and fifty pounds (£350) plus VAT, or 30% of the Claim plus VAT. Cancellation of the agreement must be done in writing.

3. Services

3.1. CLS shall act in your best interests in pursuing any Claim for compensation from the financial mis-selling

3.2. CLS shall assess your Claim and if we find suitable grounds for complaint will represent you to recover those payments, premiums or charges we feel are owed to you by the Vendor

3.3. CLS makes no guarantee as to the success, whether wholly or partially, of your Claim

3.4. You agree to act in good faith and co-operate with Us in Your Claim as required. This may include requests from us or the Vendor for further information to assist with your Claim

4. Fee's Payable

4.1. There are no up front fee's for our service.

4.2. If we do not win your Claim then there are no fees to pay

4.3. If we do win your Claim then you agree to pay us a fee equal to 30% plus VAT of any Compensation Payment we recover for you.

4.4. When we win your Claim we will issue an invoice to you for our fees plus VAT.

4.5. Where payment is sent by Vendor directly to the Client then our fee becomes payable 7 days after you receive cleared funds

4.6. Where payment is received by us we will deduct our fees and forward the remainder directly to you within 7 days of funds clearing in our account

4.7. All Compensation Payments received on your behalf are held in our Client Deposit account

4.8. In the event that you fail to pay our fee within reasonable timescales after you have received Compensation Payment and CLS are required to take steps to recover unpaid fee's, the Company reserves the right to charge an additional recovery fee of £100 plus VAT.

5. Communication

5.1. We will act in good faith and rely on information and documents you provide to us as being true, correct and complete. You agree to let us know immediately of any changes in information that might affect the service we provide.

5.2. Unless otherwise stated and agreed we will communicate with you at your home address as well as via SMS, email or fax.

5.3. We shall make reasonable endeavours to ensure that any emails we send to you are free from viruses and other material that may cause inconvenience or harm to any computer equipment but cannot guarantee so. You agree to do likewise. We cannot accept any liability for any inconvenience or harm caused by us.

6. Complaints

6.1. If at any time you wish to make a complaint about any aspect of our service or advice then you should in the first instance call us and we will attempt to resolve your complaint immediately. If we are unable to do so or you remain unhappy the complaint will be escalated through our internal complaints procedure, a copy of which is available upon request. The address to send your complaint to is, Crystal Legal Services Ltd, Units 4 & 5 Macon Court, Herald Drive, Crewe, Cheshire CW1 6EA.

7. Data Protection Act 1998

7.1. During the period of engagement we may request information about you and your personal financial circumstances (as required by us to pursue your Claim) from you and/or your Vendor. All data is held securely in both written and electronic format in accordance with the Data Protection Act 1998.

7.2. We shall not, without your prior written consent, disclose any confidential information concerning your personal or financial situation to any third parties except to other professional advisers whom we may consult with in relation to our work, unless otherwise required to by law.

7.3. Working papers, emails and other such information prepared as part of our service are our property and shall be retained by us in accordance with our policies and procedures.

8. Liabilities

8.1. CLS will not be liable for such losses incurred due to the provision of false, misleading or incomplete information or documentation or due to any acts or omissions of any person other than CLS.

8.2. CLS shall have no other liability of any nature, whether in contract, tort or otherwise, for any loses whatsoever and howsoever caused arising from or in anyway connected with the provision of its service to you.

8.3. Nothing in these Terms of Business shall exclude or restrict in any liability arising from fraud or dishonesty or other liabilities which cannot lawfully be limited or excluded.

9. Third Party Rights

9.1. A person who is not party to this agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any terms of this agreement

10. Commencement, variation and termination

10.1. We will commence work on your Claim only upon receipt of your signed Letter of Authority and these Terms of Business

10.2. These Terms of Business may be varied or superseded at any time, in writing, by us.

10.3. These Terms of Business may be terminated by either party, with immediate effect, by giving notice in writing.

11. Invalidity

11.1. If any provision (whether in whole or part) in these Terms of Business is held to be illegal, invalid or unenforceable under any enactment or rule of law, such provision or part shall be deemed not to form part of these Terms of Business, and the legality and enforcement of the remainder of these Terms of Business shall not be affected.

12. Governing Law

12.1. The Terms of Business set out the entire agreement between you and Crystal Legal Services. Neither party may rely on any agreement, undertaking or arrangement, which is not expressly set out in the Terms of Business.

12.2. These Terms of Business shall be governed by, and construed in accordance with English Law.

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Freephone: 0808 168 4200
Monday to Friday between 9am and 7pm.
claims@crystallegal.com

Write to us at:
Crystal Legal Services Ltd
Units 4 and 5, Macon Court, Herald Drive
Crewe,Cheshire, CW1 6EA

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