Business Terms & Conditions
Unenforceable Credit Agreement (UCA) claims with or without Payment Protection Insurance (PPI) or other mis-sold insurance policies
Definitions:
1.1 Company – Means Clear Today Ltd, The Light Box, 111 Power Road, London, W4 5PY.
1.2 Client – Means the person entering into the contract with the Company.
1.3 Contract – Means the contract between the Client and the Company comprising these terms and conditions and the letter of engagement.
1.4 Policy/agreement – Means the insurance policy and/or credit agreement that forms the basis of the claim.
1.5 Fees – Means the fees payable by the Client as set out in the contract.
1.6 Services – Means all or any of the services as provided for in this contract in section 3 of these Terms and Conditions.
1.7 Provider – Means the product provider, bank, building society, finance provider or Independent Financial Adviser who is responsible for the sale of the Policy to the Client and to who the claim is made an/pr any agent or authorized representative.
1.8 Termination Date – means the effective date of the termination of this Contract between the Client and the Company as in accordance with Section 7 of these Terms and Conditions.
1.9 PPI/Payment Protection – Means a Payment Protection Insurance Policy or any other similar payment protection scheme which includes but not limited to Accident Sickness and Unemployment policies be they funded by a single or regular premium.
1.10 Third Party – Means any Bank, Building Society, person or company that is relevant to the claim who is not the provider.
1.11 Credit Card/Bank Charges – Means any charge made in connection with a credit card or bank account that includes any interest, late payment charges or administrative charge.
1.12 Panel Solicitors – Means Solicitors nominated by the company to take conduct of the legal action on behalf of the client.
1.13 Settlement Means any resolution of the client’s claim, either by obtaining a court order, by agreeing terms with the creditor or by discharging the client’s debt in full where agreement cannot be reached with the creditor.
1.14 VAT - Means Value Added Tax at the prevailing rate.
2. Duration – The contract shall commence on the date on which the client signed the letter of engagement and shall continue unless and until one or more of the following situations arise:
2.1 Settlement is agreed for the client and/or a court order is obtained in favour of the client and/or terms of settlement of the outstanding debt are agreed by the company or panel solicitor.
2.2 The Company advises the client that, following conclusion of the claim/settlement process, it is unable to recover compensation; or
2.3 The Company or their Panel Solicitor may exercise its right not to pursue a claim, without prejudice to any rights the client may have to make a claim on their own account or through another party. If this right is exercised the company will write to the client informing him that a claim will not be pursued; or
2.4 The client terminates the contract within the provisions set out in section 8 of this contract.
3. Services
3.1 The Company, and/or their panel solicitor will pursue or defend a claim on behalf of the client where the Company believes there is either an unenforceable agreement or a reasonable prospect of success in negotiating a favourable settlement of the debt with the provider.
3.2 Documentation – The Company and/or the Panel Solicitors will obtain documentation from the provider and/or agent pursuant Consumer Credit Act and Data Protection Act 1998.
3.3 Debt Settlement Process –The Company and/or the Panel Solicitors and/or its agents will examine the agreement and assess whether it is unenforceable in accordance with the relevant legislation. If the agreement cannot be enforced by a court of law then the case will be referred to a solicitor and or its specialist team who will negotiate and defend your legal position against the lender.
3.4 In the event that the credit agreement could be enforced by a court of law the Company, Panel Solicitors and/or nominated partner will attempt to negotiate settlement of the debt on behalf of the client.
3.5 The Panel Solicitors or the appointed company will promptly pay any PPI refund awarded to the client after the deduction of fees.
3.6 To hold all PPI refund monies in a designated client account that is separate from the main bank account of the Company.
3.7 Where an offer is made by the provider, The Company and/or the Panel Solicitor will obtain your instructions..
3.8 The Company will not provide any legal or financial advice.
3.9 At the conclusion of the case all documentation will be returned to the client.
4. Your Obligations
4.1 To promptly provide the Company with all relevant information and documentation requested to pursue your claim, to use all reasonable endeavours to co-operate fully with the Company and to provide clear instructions.
4.2 To ensure that all information and documentation is accurate.
4.3 To respond promptly to all reasonable requests made by the Company, their agents or the Financial Ombudsman Service.
4.4 To provide the Company with express and exclusive written authority to:-
a. pursues your claim;
b. to package your data and pass to Panel Solicitors who will enter into correspondence and negotiations on your behalf.
4.5 To read all of the terms and conditions and to retain a copy for your own reference.
4.6 Not to attempt to pursue settlement with the Provider once the Panel Solicitor has been engaged, nor engage any other claims management company to provide the Services without the express written consent of the Company.
4.7 Not to contact the Provider or any party acting as agent on behalf of the Provider without the consent of the Company as this may prejudice your claim.
4.8 Promptly notify the Company, or the Panel Solicitor of any correspondence you receive from the Provider or agent acting on behalf of the Provider.
4.9 To consider any offer of settlement from the Provider promptly and within 21 days either accept the offer or notify them of the reasons for rejection.
5. Fees
5.1 In relation to the Debt Settlement Process there is an Audit Fee of £395 plus an assessment fee of 10% of the outstanding debt on your first agreement.
5.2 For each subsequent agreement there will be a fee of £325 plus 10% of the outstanding debt.
5.3 The above fees will be utilized as follows:- obtaining of all necessary documentation, the audit of your claim, referral to panel solicitors, the funding of negotiating & defending your legal position with your lender.
5.4 In relation to the Debt Negotiation Service there is an audit fee of £395 and a success fee of 10% on all savings negotiated by the company from the original debt balance. The payment terms for the 10% fee will be agreed prior to the debt negotiating commencing.
5.5 In respect of PPI reclaim service the company will charge on a success fee basis only and the fee that the company will charge will be 30% plus VAT of all PPI monies recovered.
5.6 Refunds – If after assessing your claim, we are unable to offer a solution, a full refund of your fee will be given within 28 days of the assessment being made.
6. Payment Obligations
6.1 In respect to payment protection insurance where monies are paid to the client’s bank account or towards the existing credit card balance/loan the client agrees to pay the company for the work that it has done at a rate of 30% plus VAT within 7 days of the company issuing an invoice to the client.
6.2 In relation to the Debt Settlement Process, the Debt Negotiating Process there are no more fees payable to the company as laid out in section 5.
6.3 The client accepts that as part of the Debt Settlement Process and Debt Negotiating Service that the company will automatically challenge the lender for the recovery of the PPI insurance paid by the client and the client agrees to the fees as in section 5.5 - and the payment obligations in 6.1.
7 Negotiation & Litigation
7.1 The Company or Panel Solicitors shall where appropriate recommend that legal proceedings are commenced services of a Panel Solicitor will be available to the client.
7.2. The Client will comply with all reasonable requests of the Company and/or their legal representative appointed by the Company without undue delay.
7.2.1 Permit the Company to have the conduct of the claim and to pursue the claim in such manner as the Panel Solicitors in its absolute discretion believes to be appropriate.
7.2.2 Disclose all relevant information and documentation reasonably requested by the Company and/or its representatives.
7.2.3 Instruct the Panel Solicitors to provide all the information relation to the claim to the Company, at the Company’s request..
7.3 Exceptions on costs – The client mislead the Company and/or their representative in any way or any information provided by the client contains material omissions, which, had they been included, have resulted in the legal representative and/or the Company declining to accept the client’s instructions.
7.3.1 The Client terminates this contract with the Company during the course of the proceedings.
7.3.2 The Client fails to provide the Company and/or their representative with information (Including without limitation witness statements) within a reasonable time from the time that such information is requested.
7.3.3 The Client fails to remedy a breach of its obligations under the contact within 7 days of a notice from the company requiring the client to do so.
8. Termination
8.1 The Company may terminate this agreement at any time where it believes there has been a material non disclosure by the client or a change in the circumstances surrounding the claim or regulatory changes which means that the claim is unlikely to succeed.
8.2 Where the client fails to comply with the requirements set out in section 4 of these terms and conditions the Company reserves the right to terminate the contract and charge for costs it has reasonably incurred.
8.3 Where the Company terminates the Contract under sections 8.1 or 8.2 it will notify the client in writing.
8.4 The Client has the right to terminate the Contract within 14 days of signing the authority and agreement and in that case shall not incur any charges. Notice should be made in writing to the Company and will be effective from the date posted by the Client.
8.5 The Client has the right to terminate the Contract by providing written notice at any time. If the notice to Terminate is received after the 14 days of signing the Contract and before any redress is offered, the Company shall charge for reasonable costs associated with the claim. The charges are as set out in the cost schedule which accompanies the welcome pack.
8.6 If the notice to Terminate is received after an offer of settlement from the Provider, the full administration fee and assessment fee of 10% of the outstanding debt will be payable.
8.7 The Company will confirm its charges on receipt of written Notice to Terminate from the client.
9. Force Majeure
The Company shall not be liable for any delay or failure to perform any part of the Services as a result of any factor beyond its control and the time to carry out the Company’s obligations shall be extended by the period of any such delay.
10. Complaints
All complaints made about the Company should be directed to the Client Relations Manager at the Company’s registered address. Full details of the company’s complaints procedure are available on request.
11. Data Protection and Confidentiality
11.1 The Company will hold and pass to the Panel Solicitors and its partners all personal information in accordance with the terms of its privacy policy.
11.2 All Data will be processed in accordance with the Data Protection Act 1998.
11.3 Data held by the Company during the course of the contract will be used for the purpose of the Services. Where the company intends to use personal details to inform the Client about any other service it will give the Client the opportunity to request that their details are not used in this way.
12 Severability
If any provisions of this contract are held by any court or other competent authority to be void or unenforceable in whole or part, the other provisions of the contract and the remainder of the affected provisions shall continue to be valid.
13 Waiver Provisions
No failure or delay in exercising any of the company’s rights shall constitute a waiver of the same or any other of its rights.
14 Law and Jurisdiction
The law applicable to this contract shall be English law and the parties agree to submit to the exclusive jurisdiction to the English Courts.
Business Terms & Conditions
Mis-sold PPI (or other insurance claims) only claims
Definitions
1.1 Company – Means Clear Today Ltd, The Light Box, 111 Power Road, London, W4 5PY.
1.2 Client – Means the person entering into the contract with the Company.
1.3 Contract – Means the contract between the Client and the Company comprising these terms and conditions and the letter of engagement.
1.4 Policy/agreement – Means the insurance policy and/or credit agreement that forms the basis of the claim.
1.5 Fees – Means the fees payable by the Client as set out in the contract.
1.6 Services – Means all or any of the services as provided for in this contract in section 3 of these Terms and Conditions.
1.7 Provider – Means the product provider, bank, building society, finance provider or Independent Financial Adviser who is responsible for the sale of the Policy to the Client and to who the claim is made an/pr any agent or authorized representative.
1.8 Termination Date – means the effective date of the termination of this Contract between the Client and the Company as in accordance with Section 7 of these Terms and Conditions.
1.9 PPI/Payment Protection – Means a Payment Protection Insurance Policy or any other similar payment protection scheme which includes but not limited to Accident Sickness and Unemployment policies be they funded by a single or regular premium.
1.10 Third Party – Means any Bank, Building Society, person or company that is relevant to the claim who is not the provider.
1.11 Credit Card/Bank Charges – Means any charge made in connection with a credit card or bank account that includes any interest, late payment charges or administrative charge.
1.12 Panel Solicitors – Means Solicitors nominated by the company to take conduct of the legal action on behalf of the client.
1.13 Settlement Means any resolution of the client’s claim, either by obtaining a court order, by agreeing terms with the creditor or by discharging the client’s debt in full where agreement cannot be reached with the creditor.
1.14 VAT - Means Value Added Tax at the prevailing rate.
2. Duration – The contract shall commence on the date on which the client signed the letter of engagement and shall continue unless and until one or more of the following situations arise:
2.1 Settlement is agreed for the client and/or a court order is obtained in favour of the client and/or terms of settlement of the outstanding debt are agreed by the company or panel solicitor.
2.2 The Company advises the client that, following conclusion of the claim/settlement process, it is unable to recover compensation; or
2.3 The Company or their Panel Solicitor may exercise its right not to pursue a claim, without prejudice to any rights the client may have to make a claim on their own account or through another party. If this right is exercised the company will write to the client informing him that a claim will not be pursued; or
2.4 The client terminates the contract within the provisions set out in section 8 of this contract.
3. Services
3.1 The Company, and/or their panel solicitor will pursue or defend a claim on behalf of the client where the Company believes there is either an unenforceable agreement or a reasonable prospect of success in negotiating a favourable settlement of the debt with the provider.
3.2 Documentation – The Company and/or the Panel Solicitors will obtain documentation from the provider and/or agent pursuant Consumer Credit Act and Data Protection Act 1998.
3.3 Debt Settlement Process –The Company and/or the Panel Solicitors and/or its agents will examine the agreement and assess whether it is unenforceable in accordance with the relevant legislation. If the agreement cannot be enforced by a court of law then the case will be referred to a solicitor and or its specialist team who will negotiate and defend your legal position against the lender.
3.4 In the event that the credit agreement could be enforced by a court of law the Company, Panel Solicitors and/or nominated partner will attempt to negotiate settlement of the debt on behalf of the client.
3.5 The Panel Solicitors or the appointed company will promptly pay any PPI refund awarded to the client after the deduction of fees.
3.6 To hold all PPI refund monies in a designated client account that is separate from the main bank account of the Company.
3.7 Where an offer is made by the provider, The Company and/or the Panel Solicitor will obtain your instructions..
3.8 The Company will not provide any legal or financial advice.
3.9 At the conclusion of the case all documentation will be returned to the client.
4. Your Obligations
4.1 To promptly provide the Company with all relevant information and documentation requested to pursue your claim, to use all reasonable endeavours to co-operate fully with the Company and to provide clear instructions.
4.2 To ensure that all information and documentation is accurate.
4.3 To respond promptly to all reasonable requests made by the Company, their agents or the Financial Ombudsman Service.
4.4 To provide the Company with express and exclusive written authority to:-
a. pursues your claim;
b. to package your data and pass to Panel Solicitors who will enter into correspondence and negotiations on your behalf.
4.5 To read all of the terms and conditions and to retain a copy for your own reference.
4.6 Not to attempt to pursue settlement with the Provider once the Panel Solicitor has been engaged, nor engage any other claims management company to provide the Services without the express written consent of the Company.
4.7 Not to contact the Provider or any party acting as agent on behalf of the Provider without the consent of the Company as this may prejudice your claim.
4.8 Promptly notify the Company, or the Panel Solicitor of any correspondence you receive from the Provider or agent acting on behalf of the Provider.
4.9 To consider any offer of settlement from the Provider promptly and within 21 days either accept the offer or notify them of the reasons for rejection.
5. Fees
5.1 In relation to the Debt Settlement Process there is an Audit Fee of £395 plus an assessment fee of 10% of the outstanding debt on your first agreement.
5.2 For each subsequent agreement there will be a fee of £325 plus 10% of the outstanding debt.
5.3 The above fees will be utilized as follows:- obtaining of all necessary documentation, the audit of your claim, referral to panel solicitors, the funding of negotiating & defending your legal position with your lender.
5.4 In relation to the Debt Negotiation Service there is an audit fee of £395 and a success fee of 10% on all savings negotiated by the company from the original debt balance. The payment terms for the 10% fee will be agreed prior to the debt negotiating commencing.
5.5 In respect of PPI reclaim service the company will charge on a success fee basis only and the fee that the company will charge will be 30% plus VAT of all PPI monies recovered.
5.6 Refunds – If after assessing your claim, we are unable to offer a solution, a full refund of your fee will be given within 28 days of the assessment being made.
6. Payment Obligations
6.1 In respect to payment protection insurance where monies are paid to the client’s bank account or towards the existing credit card balance/loan the client agrees to pay the company for the work that it has done at a rate of 30% plus VAT within 7 days of the company issuing an invoice to the client.
6.2 In relation to the Debt Settlement Process, the Debt Negotiating Process there are no more fees payable to the company as laid out in section 5.
6.3 The client accepts that as part of the Debt Settlement Process and Debt Negotiating Service that the company will automatically challenge the lender for the recovery of the PPI insurance paid by the client and the client agrees to the fees as in section 5.5 - and the payment obligations in 6.1.
7 Negotiation & Litigation
7.1 The Company or Panel Solicitors shall where appropriate recommend that legal proceedings are commenced services of a Panel Solicitor will be available to the client.
7.2. The Client will comply with all reasonable requests of the Company and/or their legal representative appointed by the Company without undue delay.
7.2.1 Permit the Company to have the conduct of the claim and to pursue the claim in such manner as the Panel Solicitors in its absolute discretion believes to be appropriate.
7.2.2 Disclose all relevant information and documentation reasonably requested by the Company and/or its representatives.
7.2.3 Instruct the Panel Solicitors to provide all the information relation to the claim to the Company, at the Company’s request..
7.3 Exceptions on costs – The client mislead the Company and/or their representative in any way or any information provided by the client contains material omissions, which, had they been included, have resulted in the legal representative and/or the Company declining to accept the client’s instructions.
7.3.1 The Client terminates this contract with the Company during the course of the proceedings.
7.3.2 The Client fails to provide the Company and/or their representative with information (Including without limitation witness statements) within a reasonable time from the time that such information is requested.
7.3.3 The Client fails to remedy a breach of its obligations under the contact within 7 days of a notice from the company requiring the client to do so.
8. Termination
8.1 The Company may terminate this agreement at any time where it believes there has been a material non disclosure by the client or a change in the circumstances surrounding the claim or regulatory changes which means that the claim is unlikely to succeed.
8.2 Where the client fails to comply with the requirements set out in section 4 of these terms and conditions the Company reserves the right to terminate the contract and charge for costs it has reasonably incurred.
8.3 Where the Company terminates the Contract under sections 8.1 or 8.2 it will notify the client in writing.
8.4 The Client has the right to terminate the Contract within 14 days of signing the authority and agreement and in that case shall not incur any charges. Notice should be made in writing to the Company and will be effective from the date posted by the Client.
8.5 The Client has the right to terminate the Contract by providing written notice at any time. If the notice to Terminate is received after the 14 days of signing the Contract and before any redress is offered, the Company shall charge for reasonable costs associated with the claim. The charges are as set out in the cost schedule which accompanies the welcome pack.
8.6 If the notice to Terminate is received after an offer of settlement from the Provider, the full administration fee and assessment fee of 10% of the outstanding debt will be payable.
8.7 The Company will confirm its charges on receipt of written Notice to Terminate from the client.
9. Force Majeure
The Company shall not be liable for any delay or failure to perform any part of the Services as a result of any factor beyond its control and the time to carry out the Company’s obligations shall be extended by the period of any such delay.
10. Complaints
All complaints made about the Company should be directed to the Client Relations Manager at the Company’s registered address. Full details of the company’s complaints procedure are available on request.
11. Data Protection and Confidentiality
11.1 The Company will hold and pass to the Panel Solicitors and its partners all personal information in accordance with the terms of its privacy policy.
11.2 All Data will be processed in accordance with the Data Protection Act 1998.
11.3 Data held by the Company during the course of the contract will be used for the purpose of the Services. Where the company intends to use personal details to inform the Client about any other service it will give the Client the opportunity to request that their details are not used in this way.
12 Severability
If any provisions of this contract are held by any court or other competent authority to be void or unenforceable in whole or part, the other provisions of the contract and the remainder of the affected provisions shall continue to be valid.
13 Waiver Provisions
No failure or delay in exercising any of the company’s rights shall constitute a waiver of the same or any other of its rights.
14 Law and Jurisdiction
The law applicable to this contract shall be English law and the parties agree to submit to the exclusive jurisdiction to the English Courts.
Website Terms & Conditions
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The Light Box
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Chiswick.
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