My Money Claims - Our Terms and Conditions
1.1 â€˜Solicitors Feesâ€™ means such fees payable by the Client to My Money Claims which is a trading style of Mendelsons Solicitors(â€œ the companyâ€) upon conclusion of the claim.
1.2 â€˜Claimâ€™ means any claim that the client could make against a third party.
1.3 â€˜Clientâ€™ means the client of the Company.
1.4 â€˜Compensationâ€™ means any monies due, savings made or benefits received further to a claim against a third party.
1.5 â€˜Contractâ€™ means the contract between the Company and the Client for the provision of the Services, comprising the signed Terms and Conditions.
1.6 â€˜DPAâ€™ means the Data Protection Act 1998, as amended from time to time, â€˜CCAâ€™ means the Consumer Credit Act 1974, as amended from time to time.
1.7 â€˜PPIâ€™ means a Payment Protection Insurance policy or similar loan protection scheme including without limitation schemes covering eventualities such as accident, sickness, redundancy and/or unemployment.
1.8 â€˜Servicesâ€™ means all or any of the services as specified in the Contract.
1.9 â€˜Third Partyâ€™ means any bank, person, firm or company that provided credit facilities to the Client, imposed bank charges on the Client and/or arranged for the Client a PPI or Life Assurance Policy.
2. Duration & Services
The Contract shall commence on the date on which the Clientâ€™s signed Terms and Conditions are received by the Company and unless terminated earlier as provided below shall continue until the company has completed the claims process for the client. The Company agrees with the Client; To conduct a full claims management process and settle any claims as expediently as possible, to act in the best interests of the Client at all times and to refer the client onto a Law Firm if legal intervention is deemed necessary.
3. Our Fee
3.1 The Company will endeavour to recover the premium payments of the PPI policy that you were charged by the Third Party plus any interest charged on any premium in exchange for a fee of 20% plus VAT of those monies.
3.2 Where the client is more than one person the liability for the fee remains joint and several which means that the Company can recover any fees from either or both persons.
3.3 An example of a typical case is where the Client paid Â£1,000 to the Third Party which was recovered. The Companyâ€™s fee would be for Â£240 inclusive of VAT. The Client would receive Â£760. Where the client is in arrears with the 3rd party or the client is on a debt management plan or individual voluntary arrangement, then the amount that is offset against the debt will be considered part of compensation recovered for the client. For example, if the Client paid Â£1,000 to the Third Party which was recovered by the Company, but Â£500 was offset against debt with the third party, the Companyâ€™s fee would be for Â£240 inclusive of VAT of the total compensation. In this instance, The Client would receive Â£260.
3.4 Payment of the Companyâ€™s fee becomes due and payable immediately upon the clients receipt of compensation. Late payment fees become payable by the Client to the Company if the Companyâ€™s rendered invoice remains outstanding more than 14 days and shall be Â£12 plus VAT per letter written chasing payment of the invoice or Â£12 per month at the election of the Company.
3.5 In the event the Company has to take steps to recover any fees payable by the Client to the Company, the Client shall pay to the Company the Companyâ€™s full legal costs (including administrative costs) of taking such steps to recover the money from the Client.
3.6 All sums due from the Client which are not paid on the due date (without prejudice to the rights of the Company under the Contract) shall bear interest from day to day at the rate of 8% per annum.
4. General Obligations of the Client
The Client agrees with the Company:
4.1 To supply all paperwork and or statements related to the Clientâ€™s claim and to provide promptly all such information as the Company may from time to time reasonably request and to deal with all correspondence from the Company within 14 days.
4.2 To authorise any law firm who conducts the clients claim to deduct any and all charges owed to the Company from the Clientâ€™s damages prior to the Client receiving the balance and pay it directly to the Company without the need for further instructions or authority to the law firm.
4.3 To ensure that all information sent to the Company is true, accurate, not misleading and shall not contain any relevant omissions.
4.4 To authorise the Company to act on its behalf to contact the Third Party or such other persons, firms or companies as the Company considers necessary to perform the Services and to authorise the release of any such information as the Company deems appropriate.
4.5 To accept these terms and conditions as binding on the Client and to be responsible to the Company for any breach by the Client including the payment of any Charges and/or the Administration Costs (if applicable).
4.6 Not to appoint any other company or other person, firm or company to provide the Services during the term of the Contract without the prior written consent of the Company.
4.7 Not to contact directly the Financial Services Compensation Scheme or the Financial Ombudsman Service.
4.8 Not to contact or correspond or communicate without any third party who has supplied finance or any financial contract without the consent of the company, as this may prejudice any ongoing negotiations.
5. Termination/Cancellation of this Agreement
The Company shall have the right by giving written notice to the Client at any time to immediately terminate or cancel the Contract if:
5.1 There occurs any material breach by the Client of any term of Contract (in respect of any one or more claim (s)) which is irremediable or, if remediable, is not remedied to the Companyâ€™s satisfaction within 15 days of a written notice by the Company specifying the breach and requiring it to be remedied; or
5.2 The Client is adjudicated bankrupt, enters into a voluntary arrangement with its creditors or;
5.3 If the Company advises that the Clientâ€™s claim is unlikely to succeed and if the Client has not breached their duties set out at Section 4 above.
5.4 If the Client has breached their duties set out at Section 4 or;
5.5 If the Client accepts an offer that the Company considers inadequate or reject an offer that the Company considers to be reasonable or
5.6 The Client has the right to terminate the Contract by giving written notice to the Company within 14 days of signing the Contract, without incurring any fees. Should the Client elect to cancel the contract in writing after 14 days it will be liable for the Companyâ€™s reasonable fees for time expended on the case. If an offer of settlement has been made before the Client has terminated the Contract, the company reserves the right to charge the normal success fee. However if no offer has been made the company will only charge costs that are reasonable and proportionate to the work carried out.
5.7 Any termination by the Client must be communicated to a Director of the Company and confirmed in writing. The Company recommends that the written confirmation of termination should be sent by recorded delivery which the Company will acknowledge within 5 working days of receipt. If the Client does not receive this acknowledgement within a week, the Client should contact the Company to check that written confirmation of termination has been received.
6.1 Both parties agree to keep confidential the subject matter of the Contract any information (whether written or oral) acquired by that party in connection with the Contract and not to use any such information except for the purpose of performing its obligations under the Contract.
6.2 Both parties agree that the provisions of Condition 6.1 shall not apply to information already in the public domain other than as a breach of Condition 6.1.
6.3 The restrictions contained in Condition 6.1 shall continue to apply following the termination of the Contract without limit in time.
7.2 The Company agrees to comply with any written Data Subject Access Request under the DPA made by the Client for the personal data that it holds subject to any exemptions that may apply from time to time. The Company charges an administration fee of Â£10 or the fee prevailing from time to time (providing always that this fee shall not exceed the maximum fee permitted under the DPA) for providing this information.
8. Assignment and Sub-Contracting & Rights of Third Parties
The Company reserves the right to assign the Contract and all rights under it and to sub-contract to others all or any of its obligations. The Contract is personal to the Client and is not assignable except to the personal representatives of the Client. A person who is not a party to the Contract will have no rights pursuant to the Contract (Rights of Third Parties) Act 1999 to enforce the Contract.
9. Notices, Severability, Variations, Complaints, Waiver
9.1 Any notice to be given in accordance with the Contract and these Terms and Conditions must be in writing. If any provision of the Contract is held by any Court or other competent authority to be void or unenforceable in whole or part, the other provisions of the Contract and the remainder of the affected provisions shall continue to be valid. No variation to these conditions shall be binding unless agreed in writing between the Company and the Client.
9.2 The Company operates a complaints mechanism, full details of which are set out at www.mendelsons.co.uk/complaints.
9.3 No failure or delay in exercising any of the Companyâ€™s rights shall constitute a waiver of the same or any other of its rights.
10. Law and Jurisdiction
10.1 The law applicable to this Contract shall be English Law and the parties consent to the jurisdiction of the English Courts in all matters affecting the Contract. Definitions used have the meaning given to them in these Terms and Conditions (the â€˜Terms and Conditionsâ€™). Any dispute arising between the parties shall be determined solely within the jurisdiction of Manchester County Court.
10.2 The parties agree that in the event of non-payment of fees by the Client resulting in litigationn between the parties, legal costs shall not be restricted to those awardable on the small claims track, and fast track costs shall be awarded by the Court to the winning party notwithstanding the damages being less than the small claims limit, and this is irrespective as to whether the litigation is defended.
10.3 Mendelsons Solicitors is authorised and regulated by the Solicitors Regulation Authority (the SRA). Steven Mendelson is a solicitor of England and Wales and is registered as a sole practitioner under the SRA Practicing Regulations 2011 with registration number 598662
11.1 We are confident of providing a high quality service to you. If, however, you have any queries or concerns about our work for you,please raise them in the first instance with Steven Mendelson. If that does not resolve the problem to your satisfaction or should you prefer not to speak to that person, then we will appoint a barrister to review your file and attempt to resolve your complain within 21 days. We also have a formal complaints procedure which we will send to you on request. We value you as a client. We would not wish to think you have reason to be unhappy with any aspect of our services.
If we still cannot resolve your concerns within 8 weeks of you raising the an issue, then you have the right to take your concerns to the legal ombudsman. The legal ombudsman may be contacted in writing at P.O. Box 15870, Birmingham, B30 9EB or by email at firstname.lastname@example.org or by telephone at 0300 555 0333. Further information is on the website at www.legalombudsman.org.uk. In the event that Mr Mendelson or the barrister cannot resolve your issue, you must contact the legal ombudsman within 6 months of your last contact with this company. If you are objecting to any bill from this company you may also have a right to apply to the court for an assessment of the bill under Part 3 of the Solicitors Act 1974. However, the legal ombudsman may not deal with a complaint about a bill if you have applied to the court for assessment of that bill. You should also note that if all or part of the bill remains unpaid, this company may be entitled to charge interest.