Terms & Conditions
1. For the purposes of these Terms and Conditions the following definitions apply:
1.1 The Lender or broker means any bank, building society, credit provider, person, firm or company that provided credit facilities (hereinafter “the Defendant”) to the Client, or imposed charges on the Client. 1.2 The Client means the client of the Firm of Solicitors R James Hutcheon or any successor in title (and as appropriate ‘I/We’ and ‘my/our’ shall mean the client of the Firm. The Firm means R James Hutcheon Solicitors. Clients are both jointly and severally liable in the event compensation is made for our costs. 1.3 Claim means a claim for compensation and/or redress made by the Firm on behalf of the Client (and includes but is not limited to claims for misselling of payment protection insurance, claims for credit card charges and/or bank charges either against the Defendant direct or through the Financial Ombudsman Service (FOS) or the Financial Services Authority (FSCS) or the legal process or otherwise).
2 The Firm is hereby instructed to act as your representative in the settlement of claim (which within this context includes any generic provider of financial services). You have a right to cancel this agreement in writing within 14 days of signing.
3 The Client confirms that no agency other than the Firm is currently acting for the Client in the settlement of the Claim and that the Firm is appointed is the Client(s) sole representative in relation to the Claim. Should there be a dual representation The Client is liable for the Firm’s costs set out in paragraph 6.
4 Should any direct communication regarding this matter (including letters, telephone calls, or in personal conversations with the Defendant staff members) be entered into with the Defendant the Client will report this to the Firm, within 3 days from receipt and forward all relevant documentation directly to the Firm. Under no circumstances will the Client deal directly with the Defendant unless agreed by the Firm as this my prejudice the Claim.
5. Where requested the Client shall pay the appropriate £10 fee to access the Client file (Data, Subject, Access Request) and/or the appropriate £1 fee for the Section 77/78 Request under the Consumer Credit Act for further information regarding The Client(s) account. Should the Claim later fail, the Client will lose any fee paid in advance. If there are any more accounts that the lender has sold you PPI which is not mentioned on the authority you have signed with us, it is as a direct result of our representing you that any offer has been brought about, and as such you will be liable for our charges as set out in the No Win No Fee Agreement for each and every loan.
6 The Client acknowledges that if the Client provides any information to the Firm which is knowingly untrue or misleading the Firm can end this agreement and the Client will be liable for the Firm’s fixed fee of four hundred and fifty pound plus value added tax within seven days or receipt by the Firm of the Firm’s invoice or their hourly costs at the rate of one hundred and eighty five pounds plus value added tax whichever is the greater amount.
7. Upon settlement of the Client’s Claim the Firm shall charge the Client a fee of 25% plus VAT charge & £50 plus vat administration chargeon every agreement successfully claimed against on all amounts recovered or off set as the case may be by the Client from the Client(s) Claim. The Firm’s fees apply to the total value of all benefits, monetary or otherwise saved or recovered by the Client. The Firm’s fee is payable on any other amounts recovered by the Firm for the Client. If the Client has more than one claim, The Firm may set off any costs owing against any unpaid invoice.
8. The Client agrees that all monies recovered from the Defendant shall be paid directly to the Firm. The Firm is hereby authorised by the Client to deduct from the amount recovered from the Defendant the Firm’s fees (plus any other monies that the Firm may have paid out on the Client’s behalf) prior to forwarding the balance onto the Client. The Firm shall provide the Client with a receipted statement upon settlement to identify the amounts paid to the Firm.
9. If the Defendant pays any settlement monies directly to the Client and/or if they reduce any of the client(s) debit balances by the settlement/off setting then the Client will become liable to pay the Firm’s fee (and any other monies paid out on the Client’s behalf) directly to the Firm. Further the Client agrees to notify the Firm of any settlement received directly from the Defendant within 2 working days of receipt whereupon the Firm will issue the Client with an invoice for its services which becomes payable within 7 days. The Client agrees that we shall deduct our fees direct from any debit or credit card you have provided once payment has been confirmed by the Lender.
10. Payment of the Firm’s fees is payable within 7 days of invoice sent by email or post. Any delay in payment will result in payment of statutory interest of 8%, plus for each telephone call, email or post sent an additional £20 for each communication made plus vat. If court action is necessary then further costs will be payable. Should your invoice not be paid within 7 days of being sent, your debt can be passed to a third party company for recovery of outstanding amounts of which there may be additional instructions.
11. What Happens when the Agreement Ends Before the Claim Itself Ends. The Client can end the Agreement at any time before an offer is made. The Client is liable to pay The Firm’s fixed costs of four hundred and fifty pound plus value added tax within 7 days of receipt of the Firm’s invoice or their hourly costs at the rate of one hundred and eighty five pounds plus value added tax whichever is the greater amount. The Firm can end the Agreement if The Client does not keep to The Client(s) responsibilities set out in the No Win No Fee Agreement. The Firm can end the Agreement if The Client rejects The Firm’s opinion about making a settlement, or if The Client issues court proceedings. The Client(s) are then liable to pay The Firm’s costs stated herein above.
12. What Happens After the Agreement Ends – The Firm has the right to keep any property of The Client(s) in The Firm’s possession until any money owed to The Firm under this Agreement is paid in full.
13.If The Client have supplied The Firm with an email address, the Client must ensure that They Client regularly (at least once per week) check their email inbox and spam box and respond, if applicable within 7 days of the email or sooner as directed.
14. The Client, unless specifically advised otherwise, shall not telephone or call or email with The Firm no more than once per week for an update. The Firm aims to update Clients at least once per month or sooner as the case and circumstances demands. Any excessive or unreasonable demands made by the Client upon the Firm may result in the Firm terminating instructions upon which costs will be payable to the Firm as set out in clause 15 above.
15 By signing the No Win No Fee Agreement The Client agrees to these terms.
16 The Client agrees that The Firm may undertake identity checks against the Client either online and/or to supply to the Firm upon reasonable request relevant copies or original documentation to prove their identity such as passport, driving license, bank statements and or recent utility/telephone bills.
17. Client(s) details will be kept in accordance with The Firm’s Data Protection Policy viewed at www.hutcheonlaw.co.uk
18. If court action is required, this agreement is null and void. You, the Client have a limited period of time to bring a claim which is 6 years from the date of the contract or 3 years from when you knew or had reason to believe that you have a claim. Failure to bring a claim within this period will result in the claim being struck out. The Firm’s agreement with you is not to take court action. If you do wish to take court action you must inform the Firm immediately to discuss terms. The Firm will not be liable to you should you intend to take court action at a later time
We/Firm, your Solicitor, R James Hutcheon Solicitors
PPI, Payment protection insurance, the product you claim was mis-sold to you added to a loan, credit card, mortgage or other financial accommodation made available to you plus any interest paid by the Lender.
Limitation, This is the period of time you will have to make a claim through the Ombudsman Service or Court. Remember that your instructions to us is NOT TO TAKE COURT ACTION. If you do wish to consider taking court action you usually have a maximum of 6 years to issue court proceedings otherwise you will be too late to make a claim at court.
Compensation/redress, the amount of money you have been offered to settle your claim, whether refunded in full or in part, and or offset against any arrears in full or in part which includes any future liability under your loan account.
Offset, this is where you owe money/in arrears with your Lender/Broker/Bank any compensation offered will be first used to offset against any payment of compensation to you. Please note any money offset will be used to calculate our costs. See Financial Benefit below.
Refund, see compensation.
Costs/Fees, see Financial Benefit below.
Financial Benefit, Our costs are calculated on the total financial benefit you have been offered, which covers any compensation paid to you and/or us direct and any money that has been offset whether or not disputed by you, including any future benefit you receive as a result of your continuing obligations to repay your credit loan.
Loan, includes personal loan, credit card, mortgage or any other financial accommodation where PPI is sold alongside the loan.
Win, an agreement with your lender/broker/bank to make you an offer to refund all or part of your PPI.
Lose, where your lender/broker/bank fails to make you an offer or refund of all or part of your PPI.