Terms & Conditions

Terms of Engagement

  1. Definitions & Interpretation

Unless the context otherwise requires:

  1. I) “the Claim” means the claim for the mis-selling of any Financial Services Product or

any other associated policy to the Client pursued by Compi Claims Limited on behalf of the Client.

  1. II) “the Client” means the person(s) for whom Compi Claims Limited has been instructed to

provide the Services for as identified

overleaf.

III)        “the Company” includes without limitation the bank, building society, insurer, broker,

financial adviser, company, provider or any other organisation responsible for the sale of the

financial services product or other associated products.

  1. IV) “Compi Claims Limited” means Compi Claims Limited (Company No06175236) whose registered

office is 31 Hallgate, Wigan, Lancashire, WN1 1LR.

“the Fee” means 30% + VAT* (Currently 36% inc of VAT) of any redress payment paid to the client

directly as a result of the Claim. Where the services carried out by Compi Claims relates to a

Payment Protection Insurance Premium the Fee will be 20% + VAT (Currently 24% inc of VAT)

  1. V) *The actual rate of VAT payable will be that determined from time to time by HMRC.
  2. VI) The ‘letter of authority’ document has been signed to provide Compi Claims Limited to

act on my/our behalf and is in connection

with this Terms of Engagement.

VII)       “The services” means the assessment of a potential Claim and the provision of advice on

the handling of the Claim for any losses sustained by the Client in respect of the mis-selling of a

financial services product by the Company.

VIII)      “The termination date” means the effective date of termination of this agreement in

accordance with clause 7.

  1. IX) “terms” means these terms and conditions.
  2. X) “benefit” means all non-monetary benefits in whatever form, including without

limitation, all benefits that will arise from any waiver, cancellation,

, deduction or interest payments, premiums, charges or other interest, or administrative payments

(or any offsetting or release against

the same) or any other saving, inducement, discount, or rebate offered in relation to any other

products or services offered by the third party, or persons connected to the third party.

  1. XI) References to the masculine gender shall be deemed to include the feminine and vice

versa and the singular includes the plural and vice versa.

XII)       The headings in these terms are for convenience only and shall not affect their

interpretation.

XIII)      References to any statue or statutory provision include a reference to that statue or

statutory provision as from time to time amended extended or

re-enacted.

XIV)     Where there are two or more individuals identified as the Client the obligations and

liabilities pursuant to this agreement shall be joint and several.

 

  1. Appointment
  2. I) In consideration of the fee Compi Claims Limited will provide the services to the Client in

accordance with these terms for such a period until this agreement is terminated in accordance with

the provisions of clause 7. Only the fee stated above 1. V will be charged in relation to any

redress obtained from our services.

 

  1. II) For the avoidance of doubt the performance of the services shall not include the provision of

any legal or financial advice and the Client hereby acknowledges it  is  up  to  the  Client  to

obtain  independent advice from  suitably qualified persons  in  relation  to  such  issues.  The

client acknowledges that it is possible to raise a complaint with a financial institution or the

Financial Ombudsman Service by themselves without having to employ the services of a regulated

claims management company.

 

  1. Rights and Obligations of the Client

The Client:

  1. I) By Completing and signing the letter of authority overleaf, gives Compi Claims

Limited full authority to deal with the Company on the Client’s

behalf and to obtain other relevant information from whatever source as necessary.

  1. II) Will deal promptly with every reasonable request by Compi Claims Limited for

authority, information documents and further instructions that Compi

Claims Limited Limited may from time to time require.

III)         Will promptly inform Compi Claims Limited of any matters affecting the Claim.

  1. IV) Will not be liable for any charge in respect of the Claim if the Company pays no

redress.

  1. V) Will at their own expense retain duplicate copies of any documents or information

produced to Compi Claims Limited and insure against its accidental loss or damage.

  1. VI) Will pay any fee due to Compi Claims Limited for the services within 14 days of receipt

from the Company.

VII)        Will in connection with any Claim promptly inform Compi Claims Limited either verbally,

in writing or electronically of any acceptance or offer made

by the Company or acceptance of any offer or receipt of any redress from the Company during the

term of this agreement. Such notification shall

include the amount of redress and the date of payment. (or any payment has yet to be made) and the

Client shall procure such payments are verified by the Company.

VIII)       Hereby acknowledges and confirms all information supplied to Compi Claims Limited is

true and not mis-leading.

 

  1. Rights and Obligations of Compi Claims Limited

Compi Claims Limited will:

  1. I) Only undertake Claims where in the reasonable opinion of Compi Claims Limited there

is a valid case.

  1. II) All reasonable skill and care in the performance of the services.

III)         Use all reasonable endeavours to promptly notify the Client if the Claim is not to be

pursued.

  1. IV) Use all reasonable endeavours to promptly notify the Client the outcome of the Claim.
  2. V) Preserve confidentiality save as expressly or by necessary implication authorised to

the contrary.

  1. VI) Deal with all complaints in accordance with its published complaints handling

procedure. Details of how to obtain a copy have been provided to

the Client.

VII)        Use all reasonable endeavours to promptly respond to any complaint of the Client and

within a reasonable time provide a statement of explanation or means of rectification.

VIII)       Treat all personal information as private and confidential except where Compi Claims

Limited are required to disclose either in relation to pursuing a Claim or providing the services

or by law. The Client has the right of access under the Data Protection Act 1988 to their personal

records held by Compi Claims Limited.

 

  1. Exclusions

A Compi Claims Limited shall have no liability to the Client:

  1. I) For any loss, damage, costs, expenses or other Claims arising from any information

supplied by the Client which is incomplete, incorrect, inaccurate, illegible, in the wrong form or

arising from the late arrival, non arrival, or any other fault of the Client.

  1. II) Or be deemed to be in breach of these Terms by reason of any delay in performing or

failure to perform any of these Services, or in the delay or failure was due to any cause beyond

Compi Claims Limited’s reasonable control.

III)         For any loss or damage to any documentation supplied to Compi Claims Limited by the

Client.

  1. IV) (except in respect of death or personal injury) cause by Compi Claims Limited’s

negligence by reason of any representation (unless fraudulent) or

any implied warranty condition or other term or any duty at common law except as provided in the

agreement and the entire lia bility of Compi

Claims Limited under or in connection with this agreement shall not exceed the amount paid by the

Client to Compi Claims Limited under this agreement.

 

  1. 6. Payment
  2. I) The fee shall become due upon the acceptance of an offer of redress by the Company to

the Client in respect of the Claim.

  1. II) From the date of payment specified in the notice served pursuant to clause 3 vii or

confirmation of the payment by the Company or by any other

means Compi Claims Limited shall be entitled to invoice the Client for the fee.

III)         In the event the Client fails to pay the Fee within 14 days of the date of the invoice

or 14 days from the date of receipt of any payment from the Company to the Client Compi Claims

Limited shall be entitled to charge interest on the amount unpaid at the rate of 8% per annum until

the payment in full is made.

 

  1. Termination
  2. I) Compi Claims Limited shall have the right by giving written notice to the Client at

any time to immediately terminate this agreement if:

  1. a) There occurs a material breach by the Client of any term of this agreement which is not

remedied to Compi Claims Limited’s satisfaction within 14

days of a written notice by Compi Claims Limited specifying the breach and requiring it to be

remedied; or

  1. b) The Client is adjudicated bankrupt; or
  2. c) In the reasonable opinion of Compi Claims Limited the Client has no reasonable chance of

success.

 

  1. II) The Client shall have the right to terminate this agreement by giving notice to Compi

Claims Limited either verbally, in writing or electronically within 14 days of signing this

agreement. For the avoidance of doubt the Client will not be responsible for any costs incurred by

Compi Claims Limited.

III)         After the expiration of the initial 14 day period as referred to in clause 7 (I) above

the Client may terminate this agreement by serving written notice to Compi Claims Limited subject

to the remaining provision.

  1. IV) Upon the termination of this agreement by the Client for any reason whatsoever (save

for any reason of default by Compi Claims Limited or termination by Compi Claims Limited pursuant

to clause 7 (I)(c) all sums due to Compi Claims Limited under this agreement shall immediately

become due and payable and clause 6 (III) shall apply accordingly

  1. V) The provisions of clause 3 (VII) shall continue in full force and effect for a period

of 12 months after termination and the provisions of clause 5 and

6 shall apply accordingly.

  1. VI) In the event the termination date occurs prior to redress being offered by the Company

to the Client in respect of the Claim Compi Claims Limited shall immediately be entitled to invoice

the Client for all and any reasonable costs and disbursements if any occurred by Compi Claims

Limited pursuant to this agreement which shall for the avoidance be calculated by reference to the

time spent by Compi Claims Limited in carrying out its obligations pursuant to this agreement such

time being charged out at of Compi Claims Limited standard hourly rates from time to time in force.

The hourly rate is currently £125 + VAT.

VII)        In the event the termination date occurs after redress has been offered by the Company

to the Client in respect of the Claim which has been accepted, Compi Claims Limited shall be

entitled to Claim the fee in accordance with clause 6.

VIII)       In the event the termination date occurs after redress has been offered by the Company

to the Client in respect of the Claim which has either been rejected or not, accepted by the

Client, Compi Claims Limited shall be entitled to Claim the fee if the Client subsequently within a

period of 12 months from the termination date accepts an offer of a redress from the Company for a

sum which is lower than or not more tha n 30% above a previous offer that was made by the Company

during the term of this agreement. For the avoidance of doubt the fee shall immediately be due and

payable immediately upon acceptance of such an offer and clause 6 shall apply.

  1. IX) If the redress accepted shall exceed a sum equal to 30% above a previous offer made by

the Company (or 20% in case of a Payment Protection

Insurance case) during the term of this agreement Compi Claims Limited shall be entitled to its

reasonable costs in accordance with clause 7 (VI).

  1. X) From the date of payment specified in the notice served pursuant to clause 3 (VII) or

confirmation of payment of redress by any other means

Compi Claims Limited shall be entitled to invoice the Client for the fee and the provisions of

clause 6 (III) shall apply accordingly.

 

  1. Complaints Procedure

We aim to provide excellent customer service at all times. However, we recognise that occasionally

things go wrong. Complaints may be made in writing, by e-mail, by telephone or in any other form.

In the case of a telephone complaint, we may ask you to put your complaint in writing to clarify

the complaint so we can investigate fully.

 

Any complaints should be addressed to:

 

Mr. I Routh, Customer Care, Compi Claims Limited, 31 Hallgate, Wigan, WN1 1LR or alternatively by

email to  info@compiclaims.com.

 

We reserve the right to decline to consider a complaint that is made more than six months after you

became aware of the cause of the complaint. There may be instances where we will waive this

requirement at our discretion. We will confirm to you in writing if a complaint has been made

outside the time limit that we are prepared to consider.

 

We will send you a written or electronic acknowledgement of a complaint within five business days

of receipt, identifying the person who will be handling the complaint for the business. Wherever

possible, that person will not have been directly involved in the matter which is the subject of

the complaint, and will have authority to settle the complaint.

Within eight weeks of receiving a complaint, we will send you either:

  1. a) a response which adequately addresses the complaint; or
  2. b) a holding response, which explains why we are not yet in a position to resolve the complaint

and indicates when we will make further contact with you.

 

If you are dissatisfied with our response, you may request that your complaint is reviewed by a

senior officer of the company. If after this you remain dissatisfied with our response, or if we

are unable to issue you with a response within 8 weeks of receiving your complaint, you may refer

the matter to the The Legal  Ombudsman Service at:

 

Legal Ombudsman

PO Box 6806

Wolverhampton

WV1 9WJ

E m a i l :  e n q u i r i e s @ l e g a l o m b u d s m a n . o r g . u k

Telephone: 0300 555 0333

 

Where we decide that redress is appropriate, we will provide you with fair compensation for any

acts or omissions for which we are responsible and will comply with any offer of redress which you

accept. Appropriate redress will not always involve financial redress.

 

  1. General
  1. I.I) These and terms and any document referred to herein shall constitute the entire

agreement between the parties, supersede any previous agreement or understanding and may not be

varied except in writing between the parties. All other terms, express or implied by statute of

otherwise, are excluded to the fullest extent permitted by law.

  1. II) No failure or delay by either party in exercising any of its rights under these Terms

shall be deemed to be a waiver of that right, and no waiver by either party of any breach of these

Terms by the other shall be considered as a waiver of any subsequent breach of the same o r any

other provision.

III)          In any provision of these Terms is held by any court of other competent authority to

be invalid or unenforceable in whole or in part, the validity of the other provisions of these

Terms and the remainder of the provision in question shall not be affected.

  1. IV) No third party shall have any right to enforce or rely on any provision of these Terms

which does or may confer any right or benefit on any third party directly or indirectly, expressly

or impliedly and hence no third party shall have any right under the Contracts (Rights of Third

Parties) Act

1999.

  1. V) The Client shall from time to time upon request by Compi Claims Limited execute any

additional documents and do any other act or things which may reasonably be required to give effect

to these Terms.

  1. VI) These Terms shall be governed by English law and the parties hereto agree to submit to

the exclusive jurisdiction of the English Courts.

Switch to desktop version