TERMS & CONDITIONS
1.1 'Claim' means the Client's contemplated action including Court proceedings against the Company for Compensation relating to mis-sold payment protection insurance policies and/ or to unfair commission charges on payment protection insurance policies.
1.2 'Client' means the holder(s) of a policy, bank account/credit card account or party to a regulated Credit Agreement authorised to appoint Apply4.co.uk to act on his/her/their behalf in respect of the Claim.
1.3 'Company' means the financial Institution and/or persons to whom the Letter of Authority is addressed, being the Insurance Company, Bank, Building Society, Credit Card Company or Financial Advisor or any other entity which applied the unlawful charges or mis-sold payment protection insurance policies (or their employee, director, agent, representative and associates).
1.4 'Compensation' means any sums paid or awarded to the Client in the Claim, whether in repayment of premiums or commission, reduction of debt or other financial benefit and including any interest.
1.5 'Apply4.co.uk' means Apply4.co.uk Limited, a claims management company of Adelphi Mill, Grimshaw Lane, Bollington, Cheshire. SK10 5JB.
1.6 'Letter of Authority' means the signed letter from the Client to be sent by Apply4.co.uk to the Company giving Apply4.co.uk the Client's authority to act in the Claim.
1.7 'Services' means the services provided to the Client by Apply4.co.uk and/or its agents including making the Claim for Compensation from the Company.
1.8 'Terms' means these Terms of Engagement.
1.9 'Reasonable Offer of Compensation' means any offer of Compensation made in accordance with FCA, FOS and FSCS guidelines, or an offer deemed as such by a court of law in England and Wales.
1.10 'Fee' means the agreed fee of 30% plus VAT of the gross offer of Compensation (including all taxes where applicable), payable to the Financial Management Claims Company for the Services carried out by it. This Fee becomes payable by the Client immediately upon receipt of the Compensation.
Fees example table
||Fee (30% plus VAT)
||Amount returned to Client, before deduction of taxes
|£1000 gross payment received
|£500 cash and £500 reduction to a loan
|£1000 reduction to a loan
2. Conduct of Engagement.
2.1 The Client hereby agrees to be bound by the Terms and appoints Apply4.co.uk to assess, pursue and if reasonably possible to complete the Claim.
2.2 The Client gives to Apply4.co.uk his/her/their consent and full authority to obtain relevant information and deal with the Company on the Client's behalf until the conclusion of the Claim.
2.3 You are aware that you could complain directly to the Company at no cost and/or make a complaint to the Financial Ombudsman Service, and you acknowledge that you have the right to shop around, but herby confirm your instructions to pursue your Claim using Apply4.co.uk.
3. The Client.
3.1 Will deal promptly with every reasonable request by Apply4.co.uk for authority, information, documents and further instructions that they may, from time to time, require. If you fail to do so Apply4.co.uk will be entitled to terminate this agreement in accordance with clause 5.3.
3.2 Will promptly inform Apply4.co.uk of any relevant matters affecting the claim.
3.3 Will be liable for the Fee as set out at Clause 1.10 and Clause 5.
3.4 Will immediately inform Apply4.co.uk if the Company pays the Client(s) directly and forward the Fee to Apply4.co.uk.
3.5 Authorises the Company to pay the Compensation to Apply4.co.uk and for Apply4.co.uk to retain the Fee before remitting the balance to the Client.
3.6 Gives the right to Appl4.co.uk to deal exclusively with the Claim either by itself or through appointed solicitors. The Client will not instruct any other representative nor pursue their PPI claim themselves against the Company without first terminating these Terms in accordance with Clause 5.
3.7 For the avoidance of doubt the Client will not be liable for any charge in respect of the Claim if Appl4.co.uk decide not to pursue the Claim or if the Claim is pursued and the Company pays no Compensation.
3.8 Authorises and consents for the Company to access and undertake searches of their credit report(s) where required to assist with identifying and locating the Client in the event that the Client does not pay the Fee when due.
3.9 Confirms that if they provide details to Apply4.co.uk of any friends, family members or any other person who they advise wants to pursue a Claim themselves, then the Client confirms that they have the express consent from this person to do so and further that this individual has provided their consent to be contacted by Apply4.co.uk. The Client acknowledges that their identity may be passed to the person being referred as a means of verifying the enquiry.
3.10 Confirms that they have provided Apply4.co.uk with all documents, Including in electronic form in their possession that are relevant to the claim and which give evidence of a fact in the claim, to the best of their knowledge and belief.
4. Apply4.co.uk will:
4.1 Check the details provided by the Client and will rely on the documents provided by the Client as being true, accurate and so far as possible complete.
4.2 Use its reasonable endeavours to obtain the maximum Compensation for the Claim.
4.3 Promptly notify the Client if the Claim is not to be pursued. Apply4.co.uk shall at its discretion decide whether or not it will proceed with the Claim at any time but will act reasonably in taking any such decision.
4.4 Promptly notify the Client of the outcome of the Claim.
4.5 As soon as is reasonably practicable following the settlement of a Claim and the receipt by it of Compensation pay the Client the balance due after deducting the Fee.
4.7 Any claim by way of indirect, special or consequential damage arising out of any act or omission or commission by Apply4.co.uk is specifically excluded.
5. Cancellation & Termination
5.1 Commencing on the date you sign these Terms of Engagement you have 14 days to cancel your Agreement and authority instructing Apply4.co.uk to act on your behalf without charge ("Cooling-off Period"). To exercise your right to cancel you must inform us of your decision to cancel by making a clear statement by letter, email, telephone or you can also use the cancellation form available on our website (but you are not obligated to use this.) If you provide your notice of cancellation in writing, please ensure this is sent to Apply4.co.uk Ltd, Adelphi Mill, Grimshaw Lane, Bollington. SK10 5JB and we would strongly advise you to retain proof of postage of this notice.
5.2 You may cancel this Agreement by informing us of your decision to cancel at any time. However if you cancel this Agreement outside the Cooling-off Period at clause 5.1 you may be responsible for payment of our fees. If we have not succeeded in obtaining a Reasonable Offer of Compensation (calculated in accordance with the FOS, FSCS and the FCA guidelines) by the date of cancellation we will charge you a cancellation fee for the work done in dealing with the Claim which will be reasonable and reflect the work done in accordance with our Scale of Fees, a copy of which is available on request. If we have succeeded in getting a Reasonable Offer of Compensation by the date you cancel then it is the Fee detailed at clause 1.10 of these Terms that is payable by you.
5.3 If Apply4.co.uk terminates this agreement on the grounds of your failure to deal promptly with any request for information as set out at Clause 3.1, you will be responsible for payment of the Fee in the event that a Reasonable Offer of Compensation has been made.
5.4 If you have been, you are or you become bankrupt or subject to an Individual Voluntary Arrangement you must inform Apply4.co.uk immediately. If you do not and we continue with your claim you may not be entitled to keep your refund but you will be liable for the Fee.
6. Data Protection & Compliance.
6.2 Full details of Apply4.co.uk's internal complaints handling procedures are available upon request and via our website at ppinow.co.uk/complaints.php
. We have eight weeks to consider your complaint. If we are unable to resolve your complaint then you can have the complaint independently looked at by the Legal Ombudsman. The Legal Ombudsman investigates complaints about poor service from claims management companies. The Legal Ombudsman can investigate complaints up to six years from the date of the problem happening or within three years of when you found out about the problem. Ordinarily, the act or omission, or when you should reasonably have known there was cause for complaint, must have been after 5 October 2010. If you wish to refer your complaint to the Legal Ombudsman this must be done within six months of our final response to your complaint. If you would like more information about the Legal Ombudsman their contact details are as follows: Visit www.legalombudsman.org.uk/cmc Call 0300 555 0333 between 8.30am to 5.30pm. Calls to 03 numbers will cost no more than calls to national geographic numbers (starting 01 or 02) from both mobiles and landlines. Calls are recorded and may be used for training and monitoring purposes. For minicom call 0300 555 1777. Email firstname.lastname@example.org. Legal Ombudsman, PO Box 6804, Wolverhampton, WV1 9WG. Do not send original documents to the Legal Ombudsman. They will scan any documents you send us to make computer copies and then destroy the originals.
6.3 Apply4.co.uk is regulated by the Claims Management Regulator in respect of regulated claims management activities.
6.4 Time limits may apply to pursuing a PPI Claim. Please send your Claim to us and we will advise you whether it will be possible to make a Claim. In accordance with 3.7, the Client will not be liable for any charge in respect of the Claim if Apply4.co.uk decide not to pursue the Claim or if the Claim is pursued and the Company pays no Compensation.
6.5 Please note that Apply4.co.uk may use the postal services of TNT Business Solutions at Cross Point Business Park, Gielgud Way, Coventry, CV2 2SZ. To ensure you receive the most expedient service possible and by signing these Terms you confirm that you have no objection to this. If you do have any objection to post related to our service being processed in this manner, please contact our offices as soon as you receive these Terms.
6.6 Please note that Apply4.co.uk may use the printing and postal services of RNB Group, Unit 2, Silver Royd Business Park, Silver Royd Hill, Leeds, LS12 4QQ, to ensure you receive the most expedient service possible and by signing these Terms you confirm that you have no objection to this. If you do have any objection to printing and post related to our service being processed in this manner, please contact our offices as soon as you receive these Terms.
6.7 Please note that Apply4.co.uk may use the services of an associated company in Spain to undertake some of our processes, which will involve the transfer of your personal data to Spain. Spain is subject to the EU Data Protection Directive and has its own laws in place to protect your data. You may receive contact from an operative in Spain during the course of your claim. If you have any objection to your claim being handled in this manner, please contact our offices as soon as you receive these terms.
6.8 The Client agrees that Apply4.co.uk may contact them in the future to offer new methods of making a Claim, to offer to revisit past Claims and/ or to offer to search for additional Claims.
7. Governing Law & Jurisdiction
7.1 This Agreement shall be subject to the laws and to the jurisdiction of the Courts of England and Wales.