TERMS OF BUSINESS
These Terms of Business set out the agreement between you and Safe Claims Ltd.
Please read the terms carefully to ensure that you understand them before signing.
“Benefit” is defined as all non-monetary benefits in any form, which includes but not limited to all benefits that arises from waiver, cancellation, deduction, saving, rescheduling, or reduction of any outstanding or future loan, credit payments, interest payments, charges, premiums or other interest and administrative payments or any saving, inducement, rebate or discount offered related to any other products or services offered by the financial businesses or any persons connected to the financial business.
“Claim” is the client’s claim or claims against the bank relating to the negligent sale of bank account products associated to the account.
“Client” is the account or policy holder whose details are provided in the Letter of Authority and who have appointed Safe Claims Ltd to provide services.
“Company” refers to the financial organisation and/or persons addressed in the letter of authority being the Insurance Company, Building Society, Bank, Financial Adviser, Credit Card Company or other entity that sells the policies or provides advice to the Client, which may include for the evasion of uncertainty of any employee, agents, director, representative and associates of the entities or other entity and/or their predecessors.
“Compensation” refers to the sums paid or granted in respect of any claim made by Safe Claims Ltd. on your behalf. The compensation includes benefits, gestures of goodwill, discounts, refunds, reduction in the outstanding loan and/or interest or recovered capital. When the offer is revised on appeal during the term of agreement, the higher amount shall be used in calculating the total sum of compensation.
“Fee” refers to the 25% fee plus value added tax of the total compensation payable, Refund of Packaged Bank Account Fees as well as statutory interest.
“Letter of Authority” This refers to the letter provided in the claim back, which is sent by the Client to the company.
“Services” This means the work undertaken on your behalf in respect of your Claim. It includes assessing the feasibility, preparing, submitting and negotiating your Claim.
“Terms” means these terms and conditions.
“Us”, “We” and “Our” means Safe Claims Ltd.
“You” and “Your” means the client(s).
The contract begins on the date you sign and return the terms and conditions of business to us. In case of early termination, the contract will continue until the earlier of:
- a) You have paid the Fee and compensation recovered for you by Safe Claims Ltd.
- b) We have given you an advice that in our view, your claim is improbable to succeed and we are declining to perform for you.
- We agree to:
- Make a review of your claim application and give assessment of the probability of your claim to be successful.
- Make a review and assessment of your claim application and if our view is that your claim is improbable to be a success, we may decline to give an act for you. We will give you notification of this act in writing.
- Give you confirmation in writing and submit your claim to the Bank, which sold you the Packaged Bank Account, if your claim application is accepted.
- Communicate with the company and use reasonable activities to follow your claim.
- Give you notification on time of any requests of additional document or information that the company requires for your claim investigation.
- Provide you notification in writing of any offers of compensation the company makes.
- Obtain your agreement before accepting or rejecting any offer or compensation.
- Inform you of any situations beyond our control that prevent us from carrying out the services in this contract.
- You agree to:
- Assign us as your exclusive agent to manage this claim. You cannot assign another firm or person to act on your behalf in respect of this claim, except for early termination of the agreement.
- Provide full right to us to manage with the company on your behalf.
- Provide accurate and true information about your claim.
- Give copies of all documentation in your ownership relating to the claim.
- Respond on time to our requests for additional information or documentations that may be required for the progress of your claim.
- Pay fees in the result of a successful claim.
- Once Bank procedure ends and decision is delivered to us, we will issue an invoice for our services, which you are obliged to pay within 7 working days.
- The fee is 25 % plus Value Added Tax (VAT registration number: 113322763) of the whole compensation you received, which we will acquire as an outcome of a successful claim. Example, if we acquire an offer of £1,000 Compensation, the fee would be £250, exclusive of Value Added Tax at the dominant rate, with the total payment of £300.00.
- You will not be charged of any upfront fees for continuing with the claim or in the case of unsuccessful claim.
- As soon as you received reimbursement from the Financial Institution, you will be given 7 working days to pay fees to Safe Claims Ltd services with regards to the proceeding of the claim.
- If the Fees are not paid within 7 working days from the stated date on our invoice, you agree that we can begin to collect debt proceedings to recuperate our Fees and costs associated with recovery. We have the right to give you charges for any reasonable costs experienced in pursuing to recover our fee from you, which includes an interest rate of 2% per annum over the Barclays Bank lending rate base.
- We/I understand that if the Bank uses our/my compensation payment in reducing an outstanding debt balance on my/our credit card(s) and/or my/our loan(s), a whole fee will still to be paid to Safe Claims Ltd.
- How You Can Cancel This Agreement
From the date of signing the agreement, you have 14 days or two weeks of “Cooling Off Period” to cancel your authority for us to perform on your behalf. During the 14 days, you will not be charged by us for cancellation of this agreement.
We will have the right to give you charges wherein you cancelled the agreement beyond the given cooling off period or 14 days.
We have the right to charge the full fee if at the time of cancellation beyond 14 days, we have received a confirmation that the claim is to be sustained or an offer of compensation, which has been considered in accordance with the principles used by the Financial Ombudsman Service or Financial Services Authority that we endorse is accepted by you.
- How We Can Cancel or Change This Agreement
We can cancel this agreement by giving you 14 days of notice in writing if any of these situations occur:
We view that your claim is improbable to succeed.
You are acknowledged as bankrupt.
You have entered into a Voluntary Arrangement with your creditors or you have a Bankruptcy appeal presented against you.
You have provided misleading and inaccurate information, which you knew is not true and is substantial for the success of your claim.
You have failed to respond on time to our requests of additional information that prevents us from performing the services.
You fail to observe the term of the agreement and you have failed to correct this breach within 14 days after obtaining the written notification from Safe Claims Ltd, which stated the required actions to resolve the breach.
We will always provide you at least 14 days written information of any changes before they are implemented. If you do not agree to accept any of the proposed changes, you will be free to close the agreement and have no charges to pay under the agreement.
We may change the terms of the agreement many times during the notice period of 14 days to reflect the augmented costs of the services that will be providing to you, and to reflect the foreseen changes in taxation.
- General Conditions About This Agreement
This agreement is administered by the laws of England and Wales.
Our right under the Agreement may be transferred by providing you 30 days’ written notification of such transfer. You will be given the right to reject the transfer of rights by assigning Safe Claims Ltd to proceed with your claim or by withdrawing your agreement. If you cancel in these conditions, you will not be charge to pay under this agreement.
Safe Claims Ltd is regulated by the Claims Management Regulator in respect of regulated claims management activities. Our authorisation number is 832217 which can be checked on the website http://www.gov.uk/moj/cmr