Claim Simple – Client Terms of Engagement
Claim Simple Ltd (Company Number 11459714) of 4-6 Princess Street, Knutsford, Cheshire, WA16 6DD
- ‘Claim Simple’ refers to Claim Simple Ltd and includes all references to ‘Us’, ‘We’ and ‘Our’ within this contract.
- ‘Claim’ means any intended action by the Client to pursue a claim for compensation against the Company in respect to the mis-selling of a pension or investment.
- ‘Client’ means the holder of a pension, investment or policy who has appointed Claim Simple to act on his/her/their behalf in respect of a Claim and includes all references to ‘You’ & ‘Your’.
- ‘Company’ means the financial Institution, broker, pension scheme and/or any other persons to whom the Letter of Authority is addressed.
- ‘Letter of Authority’ means any letter signed by You and returned to Us providing authorisation for Us to act on Your behalf in respect of Your claim(s).
- ‘Compensation’ refers to any amount received by the Client in respect of redress awarded in respect of their Claim, which is calculated as the total of the following – any amount of cash received, any amount deducted for tax or arrears, and any other financial benefit as a result of the Claim.
- ‘Contract’ means the obligations of both the Client and Claim Simple which are set out within these Terms of Engagement.
- ‘Reasonable Offer’ means any offer of Compensation awarded by the Company, made in accordance with the FCA / FOS and FSCS guidelines that Claim Simple deem to be fair and appropriate.
- ‘Fee’ means the agreed Fee of 20% + VAT of the gross total offer of Compensation received before any deductions are made for tax/arrears or other benefit derived as a result of the Claim. This Fee is payable to Claim Simple immediately on receipt of the Compensation, by either Cheque, BACS or PayPal.
Example of Fees Payable
|Compensation Breakdown||Gross Total Offer||Claim Simple Fee Payable (24% inc VAT)||Amount retained by Client, prior to tax deductions|
|£1000 Payment Received||£1000||£240||£760|
|£500 Payment Received, £500 deducted for arrears||£1000||£240||£260|
|£1000 deducted for arrears||£1000||£240||£0|
Claim Simple operate on a strictly No Win, No Fee basis. This means that should no Compensation be awarded to the Client as a result of the Claim, then no Fee will be payable, except where the Client has failed to adhere to the terms set out in Section 3 of this agreement, or this agreement has been cancelled after the 14 day cooling off period as stipulated in Section 5 of this agreement.
- Conduct of Engagement
- You are aware that you are not required to use a Claims Management Company to pursue your claim, and that you are able to submit a Claim yourself or with the help of the Financial Ombudsman Service or the Financial Services Compensation Scheme free of charge. You understand that you have the right to ‘shop around’ however confirm that you have chosen Claim Simple to pursue your Claim.
- You have chosen to appoint Claim Simple to review, assess, and where appropriate pursue a claim for compensation on your behalf, and agree to be bound by the terms of this Contract.
- You have given Claim Simple your full authority to engage with the Company on your behalf and request any necessary information to enable us to complete your Claim.
- Obligations of the Client
- You agree to ensure that any information supplied to Us is correct to the best of your knowledge and not deliberately misleading.
- You agree to deal promptly with any reasonable request made by Claim Simple to supply any additional information that may be required to complete your Claim, including any new Letters of Authority, documentary evidence, proof of identification or written instruction. Failure to do so may result in the termination of this agreement by Claim Simple as set out in Clause 5.4.
- You agree to inform us promptly of any communication received by You from the Company, including any requests for information, offers of redress, and payments of Compensation as a result of any Claim submitted by Us.
- You give Claim Simple the right to deal exclusively with your Claim. You will not instruct another company or representative to deal with this claim on your behalf, or indeed pursue this claim yourself, without first Terminating this Contract in accordance with Clause 5.2. Failure to do so will result in the Termination of this Contract by Claim Simple in accordance with Clause 5.4.
- You agree to not enter into any agreement for the settlement of your Claim with the Company without consultation with Claim Simple.
- You agree to give Claim Simple your full authority to refer your Claim to the Financial Ombudsman Service or the Financial Services Compensation Scheme if required.
- You agree to pay the ‘Fee’ as stipulated in Clause 1.8 and 5.2
- Obligations of Claim Simple
- We agree to assess your case using the information provided by You and pursue a claim for Compensation on your behalf where appropriate.
- We agree to inform you promptly should we believe there is no valid Claim to be made.
- We agree to handle all correspondence from the Company in relation to your Claim, and keep you updated on the progress of your Claim.
- We agree to use all reasonable methods to obtain the greatest amount of Compensation for your Claim, and always act in Your best interests.
- We agree to inform You promptly where an Offer of Compensation is made by the Company and will advise whether we believe it to be a Reasonable Offer.
- Termination / Cancellation
- A 14 day ‘Cooling-Off’ period will commence from the day you sign these Terms of Engagement. Within this time, you may cancel this agreement with Claim Simple without charge. If you wish to exercise this right to cancel, you may do so by making a clear statement either by Post, by Email, or by Phone. We have also enclosed a cancellation form within this pack, and you may also cancel via our website. If you wish to provide this notice in writing, please address this to Claim Simple Ltd, 4-6 Princess Street, Knutsford, Cheshire, WA16 6DD.
- You are welcome to cancel this agreement at any time; however, should this request fall outside of the ‘Cooling-Off’ period stipulated in Clause 5.1 you may be required to pay a Fee for our Services. If we have obtained a Reasonable Offer of Compensation (see Clause 1.8) our Fee will be payable in full on cancellation of this agreement as detailed in Clause 1.9. If we have not received a Reasonable Offer of Compensation by the date of cancellation then you will be required to pay a Cancellation Fee which will both be reasonable, and reflective of the amount of work completed on your Claim to this date.
- We may cancel this agreement at any time, and no Fee will be payable if your claim is unlikely to succeed, or we deem your claim to be invalid, providing you have met your obligations as detailed in Clause 3.
- If you do not deal with any reasonable requests made by Claim Simple as set out in Section 3, we may terminate this agreement. You will be liable to pay our Fee as stipulated in Clause 5.1, however will be given fair notice to comply with our requests.
- We retain the right to give written notice of our intent to cancel this agreement if you enter into an Individual Voluntary Arrangement with your creditors, are adjudged bankrupt, or have a receiver appointed under the Mental Health Act 1983.
- You are required to inform us if you are, or have ever been adjudged bankrupt, or subject to an Individual Voluntary Arrangement. If you do not make us aware and we continue with your Claim, this may affect the amount of compensation paid to you, but our fee will still be payable by you.
- Data Protection
- Under our obligations within this contract we may request information from the Company which may constitute “personal data” or “sensitive personal data” under GDPR. You may request all information we hold for you at any time, free of charge.
- Compliance / Governing Law
- Claim Simple aims to provide the best experience possible for our customers. If, however you would like to raise a complaint about the service provided you may contact us at any time. Full details of our Complaints Procedure are available within your Claim Pack, and are also available at our website – claimsimple.co.uk/complaints-procedure
- This Contract is governed by the Laws of England & Wales.