1) Interpretation of this document
a) References to “the Company”, “we”, “our” and “us” are to Randall & Vickers Ltd.
b) Reference to “the client”, “you” and “your” are to the client/s
c) “Compensation” means all monies and benefits offered by the Third Party to the Company or client as a result of the claim.
d) “Third Party” means any credit card company, bank or other institution who the company seeks compensation against in relation to the client.
e) “Contract” is the document made up of these Terms and Conditions and the Letter of Authority.
2) Services
a) The Company will assess your claim for compensation and if appropriate use reasonable expertise to pursue an application for Compensation from the Third Party on behalf of the client where the Company deems it is reasonable to do so.
b) If the Company decides that the case doesn’t have enough merit to pursue, we will promptly notify the Client.
c) If an offer is made, the Company will promptly notify the Client.
d) Any complaints shall be dealt with through the Company’s internal complaints procedure.
e) We will not give financial advice to the client.
f) The Company will not advise the Client to pursue a claim if there is no chance of success.
g) The Company does not guarantee that Compensation will be awarded to the Client.
h) The Company will keep the Client updated throughout the process of claiming Compensation.
i) The Company will always act in the best interests of the client.
j) In the case of legal proceedings, these are outside of the Company’s services. The Company does reserve the right to litigate the Third Party if it deems it reasonable to do so.
k) The Company offers a £50 “refer a friend” scheme:
i) For a Client to be eligible for the “refer a friend” scheme the referral must be stated to the Company before the Contract is signed by the friend.
ii) The £50 is paid to the referrer where Compensation is awarded for the friend’s claim in the amount of £750 or above, and after payment of the company’s fees.
3) Obligation of the Client
a) To provide any information reasonably requested by the company promptly.
b) To ensure that any information sent to the company is accurate, complete and not misleading.
c) To provide the Company exclusive authority to request all relevant information and enter into negotiations on behalf of the Client.
d) To promptly inform the Company of any information relating to the claim, including any offers, rejections or other communication made by the Third Party in relation to the claim.
e) To accept these Terms and Conditions as binding and to be responsible to the Company for any breach.
f) Not to contact or communicate with the Third Party without the consent of the Company regarding the claim, as this may prejudice the claim.
g) To not have received Compensation from the Third Party previously in relation to this Claim.
h) To not pursue the Claim through any other companies for the duration of the contract or to pursue the claim themselves or contact the Financial Ombudsman Service in relation to claiming Compensation.
4) Duration
a) The contract will commence on the date the signed Letter of Authority arrives at the Company.
b) The Contract shall continue until:
i) Compensation is successfully won and the client has received their monies and the Company has received any and all fees.
ii) The Company is unable to recover Compensation and gives notice of this in writing to the Client.
iii) The Company does not pursue the claim and advises the Client in writing.
5) Fees
a) Our fee upon successful completion is 25%+VAT (this is equal to 30% overall based on the 2011 VAT rate) of any Compensation offered or refunded to the Client by the Third Party in respect of the claim. For example if the Compensation won is £1600 then the Company’s fee is £400 plus £80 VAT. The Client will receive £1120.
b) The Client agrees and authorises the Company to collect Compensation on the client’s behalf from the Third Party.
c) The Client agrees that if Compensation is paid directly to the Client then they are liable to pay the Company any and all fees.
d) Invoices are payable within 10 days of receipt of payment from the Third Party with any outstanding balance beyond that date subject to interest at Abbey base lending rate plus 5% until payment is made in full.
e) In the case of the client rejecting an offer from the Third Party that the Company reasonably deems to be fair and reasonable, the Client will be liable to pay the fees of the Company that would apply should the offer had been accepted.
f) Any costs incurred by the company as a result of taking the claim to court will be deducted from the final Compensation.
g) In the case of unsuccessful applications the Company will not be due any fee from the Client unless such applications failed because of an omission or act by the Client.
h) The Client agrees they will be liable for any costs incurred by the Company due to inaccurate or misleading information supplied by the Client.
6) Termination
a) The Company reserve the right to terminate the contract with no fee payable if:
i) We deem that there is no reasonable chance of a claim being successful.
ii) The Client is declared bankrupt or enters into a voluntary arrangement with its creditors or has a receiver appointed.
iii) The Client fails to follow any reasonable request by the Company.
iv) The Client breaches the Contract in any way.
b) The Client will have the right to terminate the contract within 14 days of signing the Contract by giving written notice.
c) In the case of early Termination at the request of the Client, the Company will be entitled to any reasonable costs expended in processing the application for Compensation up to and including the full fee that would have been charged.
d) In the case of Termination after a settlement has been offered by the Third Party the Company reserves the right to reimbursement of the fee due in relation to the offer.
7) Liability
a) The Company will have no liability to the Client for any unsuccessful Claim or a successful Claim which doesn’t meet the Client’s expectations.
b) The Company will have no liability to the Client for any loss, damages, costs, expenses or other claims arising from the claim.
c) The Company is liable to provide its services with care and skill.
8) Confidentiality
a) Any confidential information will be stored as is necessary and as required by the Data Protection 1998. The Company reserves the right to destroy any confidential information as the Company is satisfied that useful information from such documents has been stored securely electronically.
9) Force Majeur
a) The Company will not be liable to any delay, omission, error or otherwise unacceptable lapse in service due to causes outside of the Company’s reasonable control and the time period for performance will be extended by the period of any such delay.
10) Client Account
a) The Client agrees and authorises the Company to collect Compensation on the Client’s behalf from the Third Party.
b) Monies will be stored in a separate Client account to the Company’s main bank account.
c) Following a successful Claim, monies will be sent to the Client promptly, after the Company’s fee has been deducted.
11) Data Protection
a) All data will be held in accordance with the conditions set out in the Data Protection Act 1998.
b) The Client agrees to the Company sharing information with the Third Party related to the Claim when it is necessary to do so to facilitate the processing of the Claim.
12) Third Parties
a) An entity that is not party to the contract will have no powers to enforce it.
13) Waiver
a) No delay or failure of the Company to exercise any of its rights will constitute a waiver of any rights.
14) Agreement
a) These unmodified Terms and Conditions set out the entire agreement between the Client and the Company. Neither party may rely on any agreement or understanding that is not expressly set out in these Terms and Conditions. |
