A. If TRS undertakes the Claims Services and is not successful in obtaining Compensation then You owe TRS nothing.
B. If TRS is successful in obtaining Compensation then You owe TRS 25% plus VAT, total 30%, of the Compensation. This means, for example:
if TRS succeeds in obtaining Compensation of £1,000, the Fee(s) would be £250.00 + VAT of £50.00, total £300.00. You would receive £700.00.
If TRS succeeds in obtaining Compensation of £15,000.00, the Fee(s) would be £3750.00 + VAT of £750.00, total £4,500.00. You would receive £10,500.00.
If Compensation of £1,000.00 is received but £500.00 is used by the Company to reduce Your outstanding balance the Fee(s) would be £250.00 + VAT of £50.00, total £300.00, therefore You would receive £200.00 (£500 less our Fee(s) of £300). VAT is charged at the prevailing statutory rate, currently 20%.
C. You agree that the Company is entitled to remit the Compensation to TRS and that TRS shall deduct the Fee(s) before paying the balance of the Compensation to You.
D. TRS will, as soon as is reasonably practicable following the settlement of a Claim(s) and the payment of Compensation by the Company to TRS, pay You the balance of the Compensation, after deducting the Fee(s). For the avoidance of doubt where You have more than one successful Claim against one or more than one Company, TRS may deduct from any Compensation paid the Fee(s) payable in respect of each of the Claims from the Compensation received for any one of those Claims.
E. Fee(s) become due at the point that either TRS or You are informed of an offer of Compensation and payable from the date You receive Your Compensation. If the Company offers or pays Compensation to You directly, You agree to notify TRS immediately (and within 7 days at the latest) and to provide the details TRS needs to calculate the Fee(s). For the avoidance of doubt, should You reject a reasonable offer of Compensation and/or refuse to sign a Company’s Acceptance/Settlement Form, the Fee(s) remains due and payable on the sum offered.
F. Compensation may be used by a Company to reduce any outstanding debt You owe them and You understand that TRS’s Fee(s) of 30%, inclusive of VAT, will be payable to TRS based on the total amount of calculated Compensation even if the Company does not pay the whole sum of the Compensation to You.
G. TRS will invoice You for the Fee(s) which will become immediately payable by You to TRS from the date You receive Your compensation.
H. If Compensation is paid directly by the Company to an Insolvency Practitioner or the Official Receiver, and You do not receive any Compensation, You will not be liable for our Fee(s). We will invoice the insolvency Practitioner or Official receiver accordingly.
I. If You fail to pay the Fee(s) due and payable in accordance with these Terms, we reserve the right to cancel all other active Claims.
J. We reserve the right to charge for costs and expenses incurred in recovering unpaid Fees and VAT where an offer of Compensation is made from a Company to You.
K. These Terms of Engagement shall continue to operate until all Claims where a Fee(s) is payable have been settled.
Cancellation Rights and Charges
A. You may cancel Your Claim(s) at any time after TRS has received Your Instructions by either using the cancellation form or You may request cancellation in writing, by telephone or via email. Our full contact details can be found at the bottom of each page of this document.
B. If You cancel Your Claim(s) within the Cooling off Period You will owe TRS nothing.
C. By signing this conditional fee agreement and Instructing TRS, You understand that TRS will not commence work on your claim until the 14 day cooling off period has expired.
D. TRS may at its sole discretion decide not to proceed with a Claim and cancel this Claim at any time, but TRS must act reasonably in taking such a decision and You will owe TRS nothing.
E. If You cancel the Claim(s) at any time after the Cooling off Period for any reason, TRS may charge a cancellation charge which will be reasonable and proportionate to the work done and the costs incurred by TRS up to the point of cancellation. For any manual communication e.g. an outgoing or incoming call/letter or email to or from either You or the Company we will charge You £25. For any automated communication to You e.g. letter, SMS or email we will charge You £10.
F. If there has been a material breach of your responsibilities within this agreement and you fail to correct that breach within 14 days. We will charge you the value of work done at £35 per hour.
G.Once You have been notified that an offer of reasonable Compensation is due to You, then TRS will have concluded its contract with you, and therefore your Claim cannot be cancelled.
The person to whom a cancellation notice may be given is “The Claims Manager”. Notice of cancellation is deemed to be served as soon as it is posted or sent to us. You can use the cancellation form provided below if you wish.
If you wish to cancel the contract, you must do so in writing and deliver personally or send (which may be by electronic mail) this to the person named below. You may use this form if you want to but you do not have to.
Total Redress Services Ltd are authorised & regulated by The Financial Conduct Authority in respect of regulated claims management activities. FRN No. 835346. Details available and recorded at www.fcaregister.co.uk.
A company registered in England & Wales. Company No. 1072924
Registered office: Norman House, Robson Way, Blackpool, FY3 7PP.
Registered with the Information commissioners Office, ICO no: ZA269740