TERMS & CONDITIONS (The Agreement)
Total Redress Services Ltd, Norman House, Robson Way, Blackpool, FY3 7PP is registered in England and Wales (Company No. 10762924) and is regulated by the Financial Conduct Authority (FCA) in respect of regulated Claims Management Activities (FRN 835346); its registration is recorded on the website www.gov.uk/moj/cmr.
This document sets out the Terms of Engagement for the appointment of Total Redress Services Ltd to act for You.
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 charges - Plevin Eligible Claim(s) 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 the Claim(s) are submitted to the Company 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. “Plevin Eligible Claim(s)” means Claims in relation to the failure to disclose commission charges following the Supreme Court judgment in Plevin v Paragon Personal Finance Ltd  UKSC 61.
I. “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).
J. “TRS” means Total Redress Services Ltd, Company No. 10762924.
K. “Terms” means the Terms and Conditions (The Agreement).
L. “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.
2. Free Claim Check
A. These are the Terms on which we will supply the Free Claim Check to You and You agree both to be bound by them and to acknowledge them.
B. That by completing, signing and returning the Letter of Authority You agree to be bound by these terms and conditions and appoint TRS to provide the Free Claim Check.
C. You give TRS Your consent and full authority to deal with the Company on Your behalf and to obtain relevant information.
D. TRS will rely on the information and documents provided by You as being true, accurate and completed to the best of Your knowledge. TRS will not check such information except where it is under legal obligation to do so.
E. TRS will ask for Your mortgage/pension/PPI information from the Company by making a data subject access request (DSAR).
F. You can cancel the Free Claim Check at any time at no cost to You either by phone, e-mail or in writing.
G. TRS agrees never to charge You anything for the Free Claim Check.
H. TRS will endeavour to inform You, free of charge, after reviewing the DSAR, whether it believes that you may have a valid claim for mis-selling.
I. If TRS believes that, after checking the DSAR, that you do not have a valid claim, TRS will endeavour to inform You.
J. You acknowledge that You could undertake the Free Claim Check yourself but have chosen to use TRS.
3. Claims Services
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 could complain directly to the Company at no cost, with the ability to take matters further with the FOS, FSCS, or Court.
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.
D. You understand that by completing one Lender Questionnaire and one Letter of Authority, that the Company may investigate all relevant 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/PPI policy may have been mis-sold to You or is a Plevin Eligible Claim(s), 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. If the Claim(s) is successful for Compensation for a PPI policy, the policy will be cancelled and You are responsible for identifying a replacement policy if appropriate.
M. 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.
N. 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.
O. 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.
P. 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.
Q. 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.
R. TRS's total liability to You in respect of all other losses arising under or in connection with this Agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the amount of any Compensation to which You are entitled for the Claim(s) in connection to which TRS is liable unless those losses were foreseeable by both parties when the Agreement was signed.
S. 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.
4. TRS Fee(s)
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 £300.00 including VAT.. You would receive £700.00.
if TRS succeeds in obtaining Compensation of £3,000, the Fee(s) would be £900.00 including VAT.. You would receive £2,10.00
if TRS succeeds in obtaining Compensation of £10,000, the Fee(s) would be £3,000.00 including VAT.. You would receive £7000.00. 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).
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.
5. 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, see clause 8a. for contact details.
B. If You cancel Your Claim(s) within the Cooling off Period You will owe TRS nothing, unless You have received a reasonable offer of Compensation within this period.
C. By agreeing to these Terms and Instructing TRS, You expressly consent to TRS commencing the Claims Services prior to the expiration of the Cooling off Period.
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. If You cancel Your Claim(s) after being notified that an offer of reasonable Compensation is due to You, then TRS shall be entitled to charge You a cancellation charge equal to the Fee(s) that would be payable under clause 4 on the Compensation.
6. Your Personal Data
We will use the personal information You give to us to:
A. Provide the Free Claim Check.
B. Provide the Claims Services following Your Instruction.
C. Tell You about similar products or services relating to financial claims, by email, sms, post and/or telephone, but You can opt out of receiving these at any time by contacting us.
D. We will not provide Your personal data to any third party organisation except for the purpose of providing the Claims Services.
E. We will update You throughout Your Claim(s) by text, email and/or post.
You acknowledge that any estimate of Compensation given to You is an estimate only. Your
Claim(s) depends on the individual circumstances and merits of Your case. You confirm that You have not entered this Agreement in reliance on an estimate given to You by TRS.
8. Complaints and Governing Law
A. You can make a complaint about our service via TRS's internal complaints procedure by email: email@example.com, by telephone on 01253 370681 or by post to Total Redress Services Ltd, Norman House, Robson Way, Blackpool, FY3 7PP 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 Financial Ombudsman Service (FOS), by phone on 0800 023 4567 or post to Financial Ombudsman Service, Exchange Tower, Harbour Exchange, London, E14 9SR.
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.