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Make Amends Limited
Terms and Conditions for the Provision of
Services
IMPORTANT: These terms and conditions form part of a legally
binding contract and you should read these carefully. Your attention is drawn
in particular to Conditions 4, 7 and 10.1.
1 Application of Conditions
1.1
We will complete a
Client Review Form based on information provided by You to Us. We will then
carry out an evaluation to assess the chance of a Successful Claim based on the
information provided.
1.2
We will inform You of
the outcome from the underwriting (vetting) process. If We inform You that
there is a possible or a good chance of a Successful Claim, You will confirm to
Us whether or not You want Us to proceed.
1.3
If You do want to
proceed, We will provide a Client Agreement for You to sign. You must complete
a Client Agreement for each Product, Card or Bank Charges in respect of which
You wish Us to provide the Services.
1.4
Your signature of the
Client Agreement constitutes Your acceptance of Our offer to provide the
Services to You, at which point the Contract will be formed, subject to these
Conditions.
2 Fees and Payment
2.1
Our fees
are calculated on an hourly basis, and are applied to individual clients in
accordance with the number of agreements they wish to submit for review. All
fees are inclusive of VAT.
Upfront fees per client:
Product 1st agreement submitted
Hourly
Rate £165.00
Time taken for client
creation 2 hours
Time taken for Audit 1 Hour
Total cost to client £495.00
Product 2nd
agreement submitted
Hourly Rate 50% discount
Time taken for client
creation n/a
Time taken for Audit ½ hour
Total cost to client £247.50
Product 3rd agreement submitted
Hourly Rate 60% discount
Time taken for client
creation n/a
Time taken to Audit ½ hour
Total cost to client £198.00
The Audit Fee and the
Document Creation Fee are to be paid by You for each Product in respect of
which the Services are to be provided. Only the Document Creation Fee, and not
the Audit Fee, is payable for the Services provided in respect of Bank Charges.
2.2
Where the Services are
to be provided in respect of a Product which is a mortgage, secured loan, motor
finance product, the Audit Fee payable is calculated as before.
2.3
Where the Services are
to be provided in respect of a Product which is a personal unsecured loan, or
where the Services are to be provided in respect of a Card, the Audit Fee
payable is:
2.3.1
£495 if this is the first Contract You have entered into with Us;
or
2.3.2
Discounted fee if you have previously entered into a contract with
us.
2.4
The Audit Fee and the
Document Creation Fee are due upon Your signature of the Client Agreement.
2.5
There is no Audit or
Document Creation Fee for all Personal Injury claims, Road Traffic Claims,
Industrial Claims or Slip and Trip Claims.
3 Further Costs
3.1
In the event of a
Successful Claim, the solicitor will endeavour to recover their costs from the
Provider. You will not be liable for any costs which the solicitor is unable to
recover.
3.2
In the event that a
Successful Claim is not achieved, the solicitor would not attempt to recover
any costs from You.
3.3
You will not be required to make
any further payments to Us under the Contract, including in the event of a
Successful Claim, except in the following circumstances:
3.3.1
under a
Contract for Services in relation to a Card, or a Product which is an
unredeemed secured loan or personal unsecured loan. Upon a Successful Claim in
these circumstances You will pay to Us a sum equal to 25% of any amount
recovered and/or written off by the Provider;
3.3.2
under a
Contract for Services in relation to Bank Charges. If You have entered into a
Contract with Us on or after 18 October 2008 under which You have paid a Audit
Fee of £495, You will not be required to make any further payments to Us. In
all other cases, upon a Successful Claim You will pay to Us a sum equal to 15%
of any amount recovered and/or written off by the Provider, provided that any
amount payable under this Condition 3.3 does not exceed the amount received by
You from the Provider.
3.4
Payment of the fees at Condition
3.3 will become due upon conclusion of a successful claim.
4 Cancellation and Refunds
Cancellation
by You:
4.1
You may cancel the Contract at any
time by writing to Us.
4.2
If You cancel the Contract within
fourteen (14) days from the date on which You signed the Client Agreement, any Audit
Fee and Document Creation Fee will be refunded to You within a reasonable
period of time, which will not exceed thirty (30) days.
4.3
If You cancel the Contract more
than fourteen (14) days from the date on which You signed the Client Agreement,
the Document Creation Fee is non-refundable.
Cancellation
by Us:
4.4
We may cancel the Contract at any
time by giving written notice to You in the circumstances set out in Conditions
4.5, 4.6 and 4.7.
4.5
If during the provision of the
Services You have an Unsuccessful Claim, You will be given the option to
transfer the Audit Fee to another Product, Card or Bank Charges. If You confirm
that You do not wish to transfer the Audit Fee We will refund it to You within
a reasonable period of time, which will not exceed thirty (30) days. In this
event the Document Creation Fee is not refunded.
4.6
If We reasonably believe that any
information which You have provided to Us is fundamentally incorrect and/or
inaccurate, or represents fraudulent activity. In this event the Document Creation
Fee and Audit Fee is not refunded
4.7
If You are, or You propose to become,
the subject of a bankruptcy petition or order, or upon Your death or mental
incapacity. In this event the Document Creation Fee is not refunded. The Audit
Fee will be refunded within a reasonable period of time.
5 Provision of the Services
5.1
We will request all the relevant
documents from the Provider. However, it may take up to six (6) months before
all the relevant documents from the Provider are completely received by Us, on
receipt of which We will carry out a full assessment of the documentation.
5.2
If in Our opinion at this stage
there are no reasonable prospects of a Successful Claim, We will cancel the
Contract under Condition 4.5.
5.3
If in Our opinion at this stage
there are reasonable prospects of a Successful Claim, We will refer the
documents to a nominated firm of solicitors in order for the claims process to
begin.
6 Your Obligations
6.1 You shall:
6.1.1
co-operate
with Us in all matters relating to the Services;
6.1.2
provide
Us with such information as We may reasonably request from time to time in
order to carry out the Services in a timely manner; and
6.1.3
ensure
that all information provided to Us is accurate and does not contain any
material omissions.
7 Liability
7.1
Nothing in these Conditions excludes
or limits Our liability for death or personal injury caused by Our negligence,
for fraud or fraudulent misrepresentation or any other liability that cannot be
restricted by law.
7.2
Subject to Condition 7.1, Our
liability under this Contract shall be limited to losses which are a
foreseeable consequence of Us breaking this Contract. Losses are foreseeable
where they could be contemplated by You and Us at the time we entered this
Contract.
7.3
You acknowledge that We can only
process cases that have been approved in principle and cannot guarantee the
success of any claim.
7.4
You acknowledge that Our acceptance
or non-acceptance of a case is not and shall not be construed as the provision
of legal advice.
7.5
You acknowledge that information which
We collect from You is for the purposes of providing the Services and is not a
fact-find for investment, mortgage or insurance advice.
7.6
Before making a claim against any
Provider that You currently have any Product or Card with, it is recommended
that You have alternative arrangements in place or available for this Product
or Card should the Provider choose to withdraw the Product or Card.
7.7
Before making a claim in respect of
Bank Charges, it is recommended that You have alternative arrangements in place
or available should Your bank choose to withdraw the bank account to which the
claim for Bank Charges relates.
8 Use of Your Information
8.1
We will comply with the Data
Protection Act 1998 as amended from time to time.
8.2
You consent to Us passing on Your
personal details to the Provider as We deem necessary whilst providing the
Services.
8.3
If You want to know exactly what
personal information We hold about You, You can obtain it. If it transpires
that the information held is inaccurate, We will make the necessary amendments
and confirm to You that these have been made.
8.4
To obtain
a copy of the personal information held by Make Amends Limited, please write to
Data Protection Officer at Make Amends – Beechfield House,
Lyme Green Business Park, Winterton Way, Macclesfield, Cheshire, SK11 0LOP
. Please note that a small
non-refundable fee will be payable.
8.5
We may send You updates and
information in relation to Us and Our products and services, and other
companies’ products and services. You have the right to ask Us not to use Your
information for such purposes and You can exercise Your right to prevent this
by indicating this when We collect the information. You can also exercise this
right at any time by contacting Us in writing.
9 Complaints
9.1
We have internal procedures for
handling complaints. In the first instance You should contact our customer
services department at Beechfield House, Lyme Green Business Park, Winterton
Way, Macclesfield, Cheshire, SK11 0LP
9.2
If You are not satisfied then You
may refer the complaint to the Claims Management Regulator at Monitoring &
Compliance Unit, 57-60 High Street, Burton on Trent, Staffordshire, DE14 1JS,
who can be contacted by telephone on 0845 450 6858, by fax on 0845 450 6866, or
by email at
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10 General
10.1
We shall not be liable for failure
to comply with Our obligations under the Contract due to an event which is
beyond Our reasonable control and will endeavour to provide the Services within
a reasonable period of time.
10.2
You may not transfer the Contract,
as it is personal to You, without Our written consent.
10.3
We may transfer Our rights or
obligations under the Contract, with Your written consent.
10.4
Any notice to be given under the
Contract by either party to the other must be in writing and be served by post
to the address of the other party given in the Client Agreement. Service of the
written notice is deemed to be forty eight (48) hours after posting.
10.5
These Conditions are governed by
English law and the parties agree to submit to the non-exclusive jurisdiction
of the English courts.
11 Glossary
11.1 In these Conditions, the
following words have the meanings set out below:
Client
Agreement means
the client agreement form provided by Us to You in accordance with Condition
1.3;
Client
Review Form means
the form completed by Us based on information provided by You in relation to
the Product or Card;
Contract
means any contract
between Us and You for the provision of the Services, including these
Conditions, the Client Review Form and the Client Agreement;
Document
Creation Fee means
the fee of £10, or £11 in the case of a Card, payable by You to the Provider
for the charge for requesting documents from the Provider;
Product
means the
mortgage, secured loan, motor finance product, personal unsecured loan, bank
charges, supplied by the Provider that is the subject of the Services as
detailed in the Client Review Form;
Provider
means the company
or lender which supplied the Product or the Card, or imposed the Bank Charges,
that is the subject of the Services as detailed in the Client Review Form;
Audit
Fee means the fees
payable by You to Us for the Services in accordance with Condition 2
Services
means the claims
management services to be provided by Us to You, including but not limited to,
the completion and review of the initial Client Review Form, submission to
underwriting (vetting) to evaluate the potential for a claim, the production of
the Client Agreement, the request of appropriate documentation from the
Provider and forwarding the relevant documentation to a solicitor;
Successful
Claim means that
You receive some form of compensation payment, or that you no longer have to
pay all or part of an amount owing to a lender, either by settlement out of
court or by an award ordered by the court;
Unsuccessful
Claim means that
We are unable to provide the Services or We have to withdraw the Services (not
including cancellation under clause 4.6) or You do not receive some form of
compensation payment, either by settlement out of court or by an award ordered
by the court;
We/Us/Our
means Make Amends
Limited Beechfield House, Lyme Green Business Park, Winterton Way,
Macclesfield, Cheshire, SK11 0LP
You/Your
means the
person(s) who purchases the Services from Us under the Contract as detailed in
the Client Agreement.
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