Terms and conditions

      

FRN 83035

Who we are:

New Mount Reclaim Ltd T/A The Money Reclaim Experts is registered in England no. 09481117.  Registered Office: 6-8 Crompton Street, Bury, Bury, BL9 0AD. Telephone 0161 241 9017.

Regulation

We are regulated by the Financial Conduct Authority (FCA) in respect of regulated claims management activities.  Our authorisation number is 830352.

  1. When the agreement starts

1.1.  On receipt of a signed letter of authority from you, which accompanied these terms and conditions, we will consider and advise you whether we will provide the services described in these terms and conditions. These terms and conditions apply to all the services that we provide to you in relation to all claims that we agree to make on your behalf.

1.2.  The agreement between us consists of these terms and conditions, and the letter of authority. It will only begin if both you and we decide to pursue any such claims. If we decide not to provide the services we will inform you within 7 days of our decision. In that case we will not have any legal responsibility to you and there will be no agreement between us.

2. The service

2.1.  We will request and gather documentation and information that we believe are relevant to your claim(s) for compensation.

2.2.  lf we decide to go ahead with a claim, we will update you on our progress in line with our normal procedures. These are outlined on the accompanying information sheet.

2.3.  We will review and advise you on any offers of settlement made by the person against whom the claim has been made. You agree to accept any reasonable offer of settlement such as where the

offer is for the full amount of your claim, or for the full amount of your claim but excluding interest where the interest is not a significant part of your claim. If you receive an offer of settlement

which is unreasonable, we will recommend/advise that you reject the offer.

2.4.  We will meet our legal responsibilities as a claims management company in providing information to you about your claim.

2.5.  We will provide our services with reasonable skill and care.

2.6.  You accept that even if we decide to make the claim there is no guarantee that the claim will be totally or partly successful.

2.7   Alternatives to our service: you agree that we have asked you whether there are other service providers whom you could use instead of us such as the Financial Ombudsman Service and Citizens Advice Bureau.

3. Your responsibilities

3.1   To help us provide the services to you in relation to each claim, you:

(a)    agree to give us any documents and information we ask for as soon as possible and no later than 14 days of receiving our request;

(b)    must not give us information or documents which are incomplete, misleading or incorrect;

(c)     must co-operate fully with all reasonable requests we may make including providing information so that we can bring your claim;

3.2   Court claims: You will assist us by providing any other evidence or information that may be needed if we inform you that it is advisable to bring a court claim. In that case you may need to take

time off work and travel to court and be willing to give evidence. There is also the risk that, even if you win the case, you may not recover all your costs and, if you lose, you may be responsible not

only for your own costs but also the other party’s costs. If we advise you to bring a court claim we will advise you of the possible financial risks in greater detail before proceeding. If you do not

wish to bring the court claim then you will have the right to terminate this agreement. In that you must pay our reasonable charges as stated in clause 11.3.

3.4.  You agree not to contact the person against whom the claim is being made about the claim, unless we agree that it is necessary; and

3.5.  You must let us know immediately if there are any matters, circumstances or events which change or which will affect the claim or our ability to provide the services.

3.6   During this agreement you agree that you will not also appoint some other person or organization to pursue the claim that we making on your behalf.

3.7   You will promptly inform us of:

(a)    any offer of compensation;

(b)    any acceptance of any offer of compensation;

(c)     any receipt of compensation from the person against whom the claim has been made or any other person on behalf of the person against whom the claim has been made, during the term of this agreement. Such notification shall include the amount of compensation offered, accepted or received and the date of payment (if applicable).

3.8   If you become aware that you don’t have a PPI Policy, a PBA or a valid claim, you must let us know immediately as we won’t be able to continue with your

claim.

3.9   If you are in an Individual Voluntary Arrangement, Debt Management Plan, in arrears with your bank or building society, credit/store card or other lender or payments, you must tell us before this

agreement comes into effect. You must also inform us if you are or have ever been bankrupt.  Any of these may affect whether you will benefit from the claim or we are able to proceed with it.

Likewise, if you later become subject to any of these at any time during this agreement, you must tell us as soon as you become aware.

4. Contacting you

4.1.  We will contact you by post at the address you provided in the letter of authority or by fax if you provided a valid fax number. We may also contact you by telephone, email or text message. If your contact details change, please tell us immediately.

4.2.  We will normally contact you between 10am and 7pm Monday to Friday, unless we need to contact you urgently.

5. Our Fees

5.1.  ln return for providing the services to you we will charge a fee equal to 20% exclusive of value added tax of any compensation which is awarded to you for your PPI claim or 39% exclusive of value added tax for your PBA claim.   Your compensation can be awarded to you in a variety of ways depending upon your circumstances and the arrangements you have with your lender, card provider or policy provider. In these terms and conditions “compensation” includes in whatever way it may be awarded to you. For example your compensation may be credited to your account with your bank or card provider. Whatever form your compensation takes, our fee will be calculated on the total amount awarded to you (however this may be paid out) and will be payable by you 14 days after being paid by the lender. Examples of this are shown at the bottom of these terms and conditions.

5.2.  We will charge our fees if the claim is totally or partly successful. We will work out the actual amount in line with paragraph 5.1 above.

5.3.  You must pay our invoice within 14 days from the date of receiving the settlement from the lender. Any amount you have left to pay beyond this date will build up interest at the rate of 3% a year above the base rate from time to time of Barclays plc. We will charge interest on the outstanding amount each day from the time it becomes due until the date you make the payment or we agree terms with you for paying the outstanding amount.

6. What happens if your claim is not successful?

6.1.  lf any claim is not successful or if we consider that your claim is unlikely to be successful, you do not have to pay us any fees in relation to that claim unless:

(a)    we have to end the agreement because you are in material (i.e. serious) breach of this agreement. If this occurs then you must pay us compensation according to law which represents our reasonable costs plus value added tax for every case you have asked us to investigate.

(b)    we were not able to make the claim due to the cancellation of the agreement by you (other than due to us having broken the agreement or your exercising your rights to cancel in accordance with paragraph 11).

6.2   Further details of what you must pay us if you cancel are contained in clause 11.

7. Complaints

7.1.  We aim to provide you with a service to claim compensation in line with these terms and conditions. However, if at any time you want to make a complaint about any part of the advice or service we have provided, please contact our Customer Services Manager: you can write to us at the address set out at paragraph 16 or telephone us on 0161 241 9017. You can contact our Customer Services Manager for a copy of our complaints procedure. Full details of our complaints procedure are also available on our website at www.moneyreclaimexperts.co.uk.

7.2.  We will look into any matter carefully and as soon as we can, and we will do all we can to settle your complaint in a way you are satisfied with.

8. Data Protection Act 1998

The privacy and security of your personal information is very important to us. Any personal information submitted to us will be subject to the provisions of the General Data Protection

Regulation 2016/679 (“GDPR”) and any legislation enforced within the UK in order to comply with GDPR, unless required to do so by law or a professional body, we will not disclose any

personal data to any other person or organisation without the required consent. We want to assure you that the claimant information will be properly managed, protected and respected.

You can be assured any information you provide us will be used strictly in accordance with the terms laid out in this statement. This privacy statement explains how we collect and use the

claimant personal information, what choices they have and other important information. You can find our full privacy on our website www.moneyreclaimexperts.co.uk.

8.1.   The When we provide the services to you, we will ask you for information about your personal and financial situation.

8.2.  The information that we gather about your personal and financial situation may be classed as ‘personal data’ or ‘sensitive personal data’ under the Data Protection Act 1998.

8.3.  By returning the signed letter of authority to us, you give us permission to:

(a)    process your information (whether this means gathering, recording or holding it) in whatever way is necessary to enable us to carry out your instructions;

(b)    hold your information in our files for as long as is necessary to provide the services or in line with our policies (which currently say that we must hold files for six years), whichever is

longer; and

(c)     let you know by email, SMS, post or phone about any goods or services which we feel you may be interested in, unless you have told us that you do not want to receive this

information. We will use our knowledge of your personal and financial situation to judge what might suit you best. You can change your mind about us contacting you for these reasons at any time by contacting our Customer Services Manager at the address as set out in paragraph 16.

8.4.  When you return the signed letter of authority you also give us permission to disclose your personal data to selected third parties so that they can provide you with information about their

goods or services by post, email, SMS or phone. You can change your mind at any time afterwards by contacting our Customer Services Manager at the address as set out in paragraph 16.

Tick here if you wish to opt out.

8.5.  If you ask us in writing, we will, (for a fee of no more than the maximum fee set out in the Data Protection Act 1998), provide details of the information we hold about you. You agree to tell

us if any of the details are incomplete, inaccurate or out of date;

8.6.  If you ask us in writing, we will provide you with details of the other people and organizations (referred to in paragraph 9.1) to which we have disclosed information about your personal

and financial situation.

9. Confidentiality

9.1.  Unless we deem it necessary as referred to above or where you have given us permission, we will not, without your prior written permission, disclose any confidential information about your personal or financial situation to other people or organizations, except:

(a)    those of our employees, agents and subcontractors who need to know to help provide the services to you; and

(b)    other professional advisers who we may need to consult about our work.

However, we can share it without your permission if the information is already available to the public, or unless we must do so in line with the law, or an order from the court with the

relevant authority, HM Revenue & Customs or any other government or regulator.

9.2.  We will make sure that all employees, agents, subcontractors and professional advisers know that they must keep to the requirements of confidentiality that we have a duty to meet.

9.3.  All the information we gather and hold as a result of us providing our services to you, (whether electronically or in paper form), is our property. We will treat it as confidential information

and hold it in line with our policies and procedures.

9.4.  However, you (or someone you choose to represent you), may inspect all or any of this information at any time during our normal business hours at our normal place of business as long as

you give us reasonable notice.

10. Exclusion of Liability

10.1.We shall have no legal responsibility to you for any unforeseeable loss, damage or expense incurred by you as a result of us breaking this agreement. Losses are foreseeable where they could reasonably be foreseen by you and us at the start of this agreement. We are not responsible for indirect losses which happen as a side effect of the main loss or damage (such as loss of profits or loss of opportunity).

10.2.Whilst every care is taken in the calculation of any claim which is made and the amount of any compensation that may be due, you agree that in calculating a claim absolute accuracy may be difficult to achieve for a variety of reasons. Accordingly you understand and agree that we shall not have any liability to you as a result of any shortfall resulting from any inaccuracy in the calculation of the claim by us unless such inaccuracy is proved to be as a result of our negligence or failure to exercise reasonable skill and care.

10.3.Nothing in these terms and conditions excludes or restricts our liability arising from fraud or dishonesty or other liabilities which cannot lawfully be limited or excluded.

11. The Consumer Contract (information, cancellation and additional charges) Regulations 2013

11.1 In line with the Consumer Contract Regulations you have the right to cancel the agreement without charge, by giving notice in accordance as set out in paragraph 16 within 14 working days after the start of this agreement.

11.2 By signing the letter of authority you agree:

(a)    that you have had the opportunity to shop around and seek advice elsewhere;

(b)    that we have made reasonable enquiries of you as to whether you have other service providers available to you, as outlined in clause 2.7;

(c)     that you specifically agree for us to go ahead with your claim(s).

11.3 If you cancel after the Cooling Off Period, you must pay our reasonable charges for the work we have done. These will be calculated at the actual cost to us (£25 per communication) This does not affect your liability to pay fees in relation to any other successful claim we made on your behalf.

12. Changing these terms and conditions and ending the agreement

12.1.We can change or replace minor or administrative provisions in our terms and conditions by giving you not less than 14 days’ notice. These include such things as our own internal organisation and the way we deliver our service to you, but not the quality of it. We can also make any changes which are required by law.

12.2.If you give notice to end this agreement after the initial cancellation periods set out in paragraph 11 and after we have received an offer of a refund from the person against whom the claim has been made, the fee set out in paragraph 5 will become due.

12.3.You must pay our invoice for this fee within 30 days of receiving it. Any amount you have left to pay us beyond this date will build up interest at the rate of 3% per annum above the base rate from time to time of Barclays PLC. We will charge interest to the amount each day assuming a 365 day year on the amount which is due but unpaid from the time it first became due

until you make the payment in full or we agree terms with you for paying the whole amount.

12.4 We can end this agreement by giving you written notice at any time if you are in material (i.e. serious) breach of it.

12.5 If this agreement ends it will not affect our obligations to you or your obligations to us that arose before it ended.

13. Rights of people or organizations who are not part of this agreement

13.1 We may transfer our rights under this agreement. If we do so, we give you notice of the person to whom we transfer our rights.

13.2 Nothing in this agreement benefits or is meant to benefit anyone other than you or us or anyone to whom we may transfer this agreement. Therefore, no one who is not a party to this

agreement will be entitled under the Contracts (Rights of Third Parties) Act 1999 to enforce this agreement or any part of it.

13.3  Any amendments to this agreement will still apply even after we transfer this agreement.

14. Agreement

To protect your interests, please read these terms and conditions carefully before signing the letter of authority as we intend to rely on the written terms set out in this agreement. If you are uncertain as to your rights you may wish to take independent legal advice first.

15. Circumstances outside of our control

We cannot be held responsible to you under this agreement if we are prevented from, or delayed, in carrying out our responsibilities or our business as a result of any acts, events, omissions or accidents outside our reasonable control. This includes (but is not limited to):

strikes, lock-outs or other industrial disputes (whether they involve our workforce or anyone else);

a utility service or transport network failing; natural disasters; war; riots; malicious damage; a duty to keep to any law or governmental order, rule, regulation or direction; accidents;

equipment or machinery breaking down; fire, flood or storms.

16. Giving Notice

16.1.Whenever you need to give us notice or contact us, you should do so in writing and mark it for the attention of the Customer Services Manager, (or any other person named elsewhere in these terms and conditions for a specific purpose). You should send your letter by prepaid first class post or recorded delivery, or deliver it in person, to: The Money Reclaim Experts, 6-8

Crompton Street, Bury, BL9 0AD.

(or such other address, fax number or person as we may notify to you). Or you can email us at info@moneyreclaimexperts.co.uk, or phone us on 0161 241 9017.

16.2.Whenever we need to give you notice or contact you, we will write to you at the address you gave us in the letter of authority (or any other address you gave us for this purpose) and deliver

the letter in person or send it by prepaid first class post or recorded delivery. Or, we may send it by fax. We may also contact you in line with paragraph 4.

17. Applicable Law

17.1.The laws of England will apply to this agreement.

17.2.If you are not happy with the way we deal with any complaint through our internal complaints department/procedures and other regulatory bodies, you may take us to a UK court.

17.3.In addition to the above, we and any of our directors or employees may take all steps which are necessary in order to comply with the professional or ethical rules of any relevant

professional body of which we or any of our directors or employees is, at the time, a member.

Example 1 – PPI Claim
All Compensation is “Cash In Hand”
Gross Compensation Received Statutory Interest 20% Tax Deduction Loan Reduction By Leander Compensation Received by Customer Firms Fee Charged @ 20% + VAT (24%) Consumer Pays Firm
£1,000 £500 £100 £0 £900 £240 £240
£3,000 £1,200 £240 £0 £2,760 £720 £720
£10,000 £4,000 £800 £0 £9,200 £2,400 £2,400
Example 2 – PPI Claim
Compensation is used to offset arrears customer has on credit card or loan etc.
Gross Compensation Received Statutory Interest 20% Tax Deduction Loan Reduction By Leander Compensation Received by Customer Firms Fee Charged @ 20% + VAT (24%) Consumer Pays Firm
£1,000 £500 £100 £900 £0 £240 £240
£3,000 £1,200 £240 £2,760 £0 £720 £720
£10,000 £4,000 £800 £9,200 £0 £2,400 £2,400
Example 3 – PPI Claim
Compensation Includes “Cash In Hand” award with loan and future instalment reduction
Gross Compensation Received Statutory Interest 20% Tax Deduction Loan Reduction By Leander Compensation Received by Customer Firms Fee Charged @ 20% + VAT (24%) Consumer Pays Firm
£1,000 £500 £100 £500 £400 £240 £240
£3,000 £1,200 £240 £1,000 £1,760 £720 £720
£10,000 £4,000 £800 £5,000 £4,200 £2,400 £2,400
Example 4 –  PBA Claim
All Compensation is “Cash In Hand”
Gross Compensation Received Statutory Interest 20% Tax Deduction Loan Reduction By Leander Compensation Received by Customer Firms Fee Charged @ 39% + VAT (46.8%) Consumer Pays Firm
£1,000 £500 £100 £0 £900 £468 £468
£3,000 £1,200 £240 £0 £2,760 £1,404 £1,404
£10,000 £4,000 £800 £0 £9,200 £4,680 £4,680
Example 5 – PBA Claim
Compensation is used to offset arrears customer has on credit card or loan etc.
Gross Compensation Received Statutory Interest 20% Tax Deduction Loan Reduction By Leander Compensation Received by Customer Firms Fee Charged @ 39% + VAT (46.8%) Consumer Pays Firm
£1,000 £500 £100 £900 £0 £468 £468
£3,000 £1,200 £240 £2,760 £0 £1,404 £1,404
£10,000 £4,000 £800 £9,200 £0 £4,680 £4,680
Example 6 – PBA Claim
Compensation Includes “Cash In Hand” award with loan and future instalment reduction
Gross Compensation Received Statutory Interest 20% Tax Deduction Loan Reduction By Leander Compensation Received by Customer Firms Fee Charged @ 39% + VAT (46.8%) Consumer Pays Firm
£1,000 £500 £100 £500 £400 £468 £468
£3,000 £1,200 £240 £1,000 £1,760 £1,404 £1,404
£10,000 £4,000 £800 £5,000 £4,200 £4,680 £4,680

www.moneyreclaimexperts.co.uk

New Mount Reclaim Ltd T/A The Money Reclaim Experts is registered in England no. 09481117. Registered Office: 6-8 Crompton Street, Bury, BL9 0AD. Regulated by the Financial Conduct Authority in respect of regulated claims management activities, authorisation number 830352 ICO Reg no ZA127582