Conditional Fee Agreement (‘CFA’)
Total Redress Services Ltd, Norman House, Robson Way, Blackpool, FY3 7PP is registered in England and Wales (Company No. 10762924) and is authorized & regulated by the Financial Conduct Authority in respect of regulated Claims Management Activities (FRN835346). Details are available and recorded at www.fcaregister.co.uk
This document sets out the Terms of Engagement for the appointment of Total Redress Services Ltd to act for You. Please read this document carefully, and sign it at the end if you wish to proceed.
A. “Claim(s)” means Your Claim(s) against the Company or Companies relating to the mis-selling of a mortgage, payment protection insurance (PPI) policy or policies on any account with that Company, the mis-selling of a pension, including failure to disclose commission, or the application of unfair/unlawful charges to mortgage or any related account with that Company.
B. “Claims Services” means preparing, submitting and negotiating Your Claim(s) to the Company or via The Financial ombudsman Service (FOS), or Financial Services Compensation Service (FSCS).
C. “Company” means the financial institution to whom the Letter of Authority is addressed, being the loan, lender, bank, insurer, pension provider, or other entity that provided/sold the mortgage or pension, the PPI policy and/or applied unfair/unlawful charges.
D. “Compensation” means any sums paid or given in respect of a settlement, goodwill gesture, policy refund, rebate or overdraft, including any interest payments and associated charges. For the avoidance of doubt Compensation also includes any sums used to reduce any outstanding balances.
E. “Cooling off Period” means 14 days from the date that you sign this contract, during which time You may cancel the Claim(s) free of charge.
F. “Fee(s)” means the amount You will have to pay to TRS for the Services, exclusive of VAT, as set out in clause 4.
G. “Instruction” means Your Instruction to us to commence the Claims Services contained within these Terms. The same Instruction will automatically apply to refer Your Claim(s) to the Financial Ombudsman Service (FOS) and Financial Services Compensation Scheme (FSCS).“Letter of Authority” means the document to be sent to the Company containing Your Authority for TRS to act on Your behalf.
H.“Questionnaire” means the forms that have been filled out using information You have given during the Free Claim Check and/or Claims Services process which may be used by TRS to refer Your Claim(s) to the Company and/or the FOS, and/or the FSCS (see clause 3).
I. “TRS” means Total Redress Services Ltd, Company No. 10762924. J. “Terms” means the Terms and Conditions in this contract.
K. “You/Your” means the account/policy holder(s) whose details are set out in the Letter of Authority and who have appointed TRS to act on their behalf and also includes an Executor(s) of a Deceased Person’s Estate.
By law you have a 14 day cooling off period to withdraw from the contract without any cost to you.
TRS would also encourage you to seek legal advice before signing this contract and to ensure that you are aware of your rights to pursue alternative methods to allow you to progress your claim.
1. The Services Provided
Total Redress Services Ltd (hereinafter “we/us/our”) will seek to obtain further information regarding any financial agreement entered into by you and we will investigate whether any prospective claim has sufficient grounds to justify a claim being made for Mis-sold Mortgages, Mis-sold Pensions, Self-invested Personal Pension Schemes (SIPP’s) or Mis-sold Financial Services on a “no win, no fee” contingency basis (subject to clause 4 and Schedule 2), and if so to seek redress for you.
2. The Claim Service
A. These are the Terms on which TRS agrees to provide the Claims Services and You agree both to be bound by them and to acknowledge them once we have received Your Instructions to proceed with Your Claim(s).
B. That You are aware that you are not obliged to use the services of a Claims Management Company such as Total Redress Services Ltd to make a claim and that the complaint procedure of your lender and the services provided by the Financial Ombudsman Service (FOS) and the Financial Services Compensation Scheme (FSCS) are done so free of charge if you wish to complain in your own right.
C. Once Your Instructions have been received TRS has the right to deal exclusively with the Claim(s), unless otherwise agreed in writing by You and TRS.
This agreement is a binding legal contract between you and Total Redress Services Ltd. Before you sign, please read everything carefully. This agreement must be read in conjunction with the Terms & Conditions.
We, Total Redress Services Ltd
You, the Client
By law you have a 14 day cooling off period to withdraw from the contract without any cost to you.
The company would also encourage you to seek legal advice before signing this contract and to ensure that you are aware of your rights to pursue alternative methods to allow you to progress your claim.
You should also be aware that you are not obliged to use the services of a Claims Management Company such as Total Redress Services Ltd to make a claim and that the complaint procedure of your lender and the services provided by the Financial Ombudsman Service (FOS) and the Financial Services Compensation Scheme (FSCS) are done so free of charge if you wish to complain in your own right.
D. You understand that by completing one Lender Questionnaire and one Letter of Authority, that the Company may investigate all accounts under the Instruction provided and that any successful Claim(s) will be subject to a Fee(s), as set out in clause 4.
E. You will ensure that any information provided is accurate and true to the best of Your knowledge.
F. Where we believe that a mortgage/pension policy may have been mis-sold to You, we will submit a detailed Claim to the Company and/or the FOS or FSCS upon Your Instruction(s).
G. You will deal promptly with requests by TRS for authority, information, documents or further requests that TRS might make.
H. You will inform TRS promptly of any relevant matters affecting the Claim(s), such as direct contact from the Company.
I. TRS will use reasonable endeavours to obtain Compensation for the Claim(s) pursued.
J. TRS will promptly notify You if TRS decides not to pursue Your Claim(s) and cancel this Agreement under clause 5.
K. TRS will promptly notify You of the outcome of the Claim(s).
L. Your Compensation may be applied as part of Your bankruptcy estate, insolvency asset, or other debt arrangement and Your Compensation may not be paid directly to You.
M. Where interest is included as part of the Compensation it may be taxable depending on Your personal tax status and You understand that You are required to disclose this payment to HMRC.
N. TRS will not be liable to You whether in contract or tort for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by You and by us, such as loss of profits or loss of opportunity.
O. You will not be liable for any Fee(s) or charges if the Claim(s) is pursued and the Company pays no Compensation except where this Agreement is cancelled in accordance with clause 5, in which case a cancellation charge may be payable.
P. TRS reserve the right to assign this Agreement and all rights under it and to subcontract to others all or any of our obligations under it. This Agreement is personal to You and is not assignable by You except to Your personal representatives.
Q. Nothing in this Agreement shall limit or exclude TRS's liability for:
i.death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
ii.fraud or fraudulent misrepresentation; or
iii.breach of the terms implied by sections 49 to 52 of the Consumer Rights Act 2015.
R. Upon our receipt of the completed Questionnaire(s) we will forward a request for information to the Lender(s) and/or Broker(s), (if known) as required to obtain and collate relevant documentation.
S. Upon receipt of this documentation we will seek to establish whether there is a viable claim.
T. If we believe that there is a viable claim, then we will instigate a complaint on your behalf with the Lender/Broker(s) responsible for the alleged claim(s).
The complainant(s) will be handled within the internal complaints procedure of the Lender/Broker(s) which is governed by the Dispute Resolution Rules as specified by the Financial Conduct Authority (FCA).
U. We will pursue complaints through such procedures until a decision is received from the Lender/Broker(s) if we believe it to beworthwhile it will be referred to the FOS to act as an arbitrator in any dispute arising from the decision, where the jurisdiction applies.
V. If the Lender/Broker is no longer in business, we will instigate a complaint on your behalf with The Financial Services Compensation Scheme (FSCS).
W. We may refer your case to one of our panel of solicitors, who will pay us a fee.
If this is done, your agreement with us will end, and you will take out a new agreement with the firm of solicitors. We will inform you that we intend to do this, and also the details of who we will be referring your case to. You should be aware that if a solicitor recommends litigation, that there are risks associated with litigation, and that you may have to appear in court.
3. Regulatory Bodies
We are regulated by the Financial Conduct Authority in respect of the regulated claims management activities. FRN 835346. Details are available and recorded at www.fcaregister.co.uk
You acknowledge that we are not authorised by the FCA and do not hold a UK Consumer Credit Licence issued by the FCA. We cannot therefore, provide financial advice in respect of insurance products or credit advice to you.
4. Paying us if you win
If you win your claim, you pay our basic fees plus VAT. You are not entitled to seek recovery from the Respondent of part or all of our basic charges. The overall amount we will charge you is as set out in Schedule 1 below.
5. What do I pay if I lose?
If you lose, you have nothing to pay to Total Redress Services Limited.
6. Authority for Us to take Enforcement Action in Your Name
We have the right to take recovery action in your name to enforce a judgment, order or agreement.
7. Basic Charges
Details of our basic charges are set out in Schedule 1 below.
8.Data Protection and Privacy
We collect the personal data that you volunteer whilst using our services. We may also collect information about you from other sources (such as your Lender/Broker) to allow us to handle your claim. We do not collect or use personal data for any purpose other than the administration of your claim.
We may pass your personal data to relevant third parties to enable us to progress your claim. Relevant third parties would include, but not be limited to, the FOS, the FSCS, our financiers/administrators, a solicitor or barrister, your Lender or Broker to whom the claim is made.
We respect the confidentiality of your personal data and will ensure that your personal data will not be disclosed to state institutions and authorities, except if required by law. We will never pass your personal data to a third party for the purposes of unsolicited third party marketing calls.
This Conditional Fee Agreement may not be varied without the written consent of you and ourselves.
We add VAT, at the rate that applies when the work is done, to the total of the basic charges and success fee. Our VAT Registration Number is 276 9730 53.
11. Concerns about our Service
A. You can make a complaint about our service via TRS's internal complaints procedure by email: firstname.lastname@example.org, by telephone on 01253 205151 or by post to Total Redress Services Ltd, 4a Crescent East, Thornton Cleveleys, Lancashire, FY5 3LJ. You can also find a copy of our complaints procedure at www.t-r-s.co.uk
B. Should You remain unhappy You may refer Your complaint to the Legal
Ombudsman Service, by email: email@example.com, by phone on
0300 555 0333 or post to Legal Ombudsman, PO Box 6804, Wolverhampton, WV19WG.
C. This Agreement and any dispute or Claim(s) arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or Claims), shall be governed by and construed in accordance with English law and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.
Signed by Total Redress Services Ltd:
Signed by the client:
Note: We are not bound to act on a conditional fee basis until both you and we have signed this agreement.
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.
(Complete, detach and return this form ONLY IF YOU WISH TO CANCEL THE CONTRACT)
Case Reference No:
I hereby give notice that I wish to cancel my Conditional Fee Agreement with your firm.
Name (please print): ……………………………………………
Address: ……………………………………………………………………………….. Date: ………………………………………