- ‘Company’ means Clear Claims Management Limited trading under its own name or under the trading name “Clear Claims”
- ‘Client’ means the client of the Company.
- ‘Claim’ means a claim for Compensation made by the Company on behalf of the Client in accordance with the terms of the Contract.
- ‘Contract’ means the contract between the Company and the Client for the provision of the Services, comprising the signed letter of authority and these terms and conditions.
- ‘Compensation’ means the total monies and the full value of Benefits offered by the Third Party and arising from any claim made by the Company on behalf of the Client.
- ‘Legal Costs’ means the costs incurred by or on behalf of the Company in relation to the preparation or commencement of proceedings in connection with a Claim, including but not limited to the fees of the Company’s appointed legal representative(s) and court fees.
- ‘Services’ means all or any of the services as specified in the Contract.
- ‘Fees’ means the charges payable by the Client set out in the Contract.
- ‘Third Party’ means any bank, person, firm or company that entered into an agreement with the Client.
Clear Claims Management Limited, having its registered office at 6 Rowans Way, Rowans Way, Wickford, England, SS11 8JF, Clear Claims who, for the avoidance of doubt are not solicitors, undertake to support you in your intention to recover redress in respect of mortgage miscalculation.
You do not need to use a claims management company to make your claim. The Financial Ombudsman Service operates a free compensation scheme.
- The Contract shall commence on the date on which the Client’s signed letter of authority has been received by the Company and unless terminated earlier shall continue until compensation is recovered for the Client, the Company advises the Client in writing that it is unable to recover compensation or the company exercises its right not to pursue the claim
- The company agrees that it will use its reasonable means to pursue an application for Compensation from the Third Party on behalf of the Client where the Company believes that it is appropriate to do so, having regard to the merits and the value of the Client’s claim, to keep the Client informed of the progress of the claim and to notify the Client promptly and in writing if it decides that it will not pursue any claim, to act in the best interests of the Client at all times, to promptly pay any Compensation received to the Client after deducting the Fees and not to seek to recover its charges should the claim fail.
- The liability for the Client to pay the Fees is (where the Client is more than one person) joint and several. This means that the Company can recover Fees from any person who is the Client. Fees will be payable on any part of any Compensation that is received by the Client or the Company immediately upon recovery from the Third Party. If any Fees remain outstanding after 21 days from invoicing, the Company reserves the right to commence legal proceedings against the Client. This could result in addition legal costs to the Client.
- The Client agrees with the Company to provide promptly all such information as the Company may from time to time reasonably request, to ensure that all information sent to the Company is true, and shall not omit any facts, to authorise the Company to act on its behalf on an exclusive basis to perform the Services and to authorise the release of any such information as the Company deems appropriate, to negotiate on the merits of the Client’s claim, to deal with all correspondence from the Company promptly, not to contact or correspond or communicate with the Third Party in connection with the claim, to immediately copy to the Company any correspondence it receives from the Third Party in connection with the claim, to notify the Company of the full names of all joint policy holders and any further relevant information that the Client has in its possession and that it has not previously claimed or received compensation or an offer of compensation from the Third Party.
- The Client authorises the Company to collect on its behalf any Compensation due from the Third Party. The amount of the Fees payable by the Client to the Company is set out using three examples below. The Client agrees that it is liable to pay the Fees to the Company if the Compensation is paid directly to the Client by the Third Party, all Fees due to the Company shall be paid by the Client within 14 days of the Company’s invoices.
Example 1: The Company recovers £1,000.00 which is paid directly to the Client. Our fee would be £200.00 plus VAT of £40.00 giving a total fee of £240.00. Leaving the Client with a cash sum of £760.00.
Example 2: The Company recovers £3,000.00 which is paid directly to the Client. Our fee would be £600.00 plus VAT of £120.00 giving a total fee of £720.00. Leaving the Client with a cash sum of £2,280.00.
Example 3: The Company recovers £10,000.00 which is paid directly to the Client. Our fee would be £2,000.00 plus VAT of £400.00 giving a total fee of £2,400.00. Leaving the Client with a cash sum of £7,600.00.
- Compensation will be paid directly to the Client. The Client agrees that the Company will invoice for its Fees from any Compensation the Client receives and transfer the balance to the Company. The Company shall issue a receipted VAT invoice for such payments to the Client within 14 days of the date on which payment is received.
- The Company will use all reasonable endeavours to perform the Services within a reasonable period from the date of receipt of the letter of appointment signed by the Client. The Company cannot be held responsible for delays due to circumstances beyond its control, such as delays caused by the Third Party or the Client. Reasonable delays in performance or delays due to circumstances beyond the Company’s control shall not entitle the Client to terminate the Contract. Due to logistical reasons, it is not practicable for the Company to store paper copies of any documents relating to the Client’s claim. The Company will store them electronically and return any documents supplied by the Client if requested to do so. Otherwise, the Company will dispose of the paper copies securely.
- The Company’s liabilities in respect of the Services is to provide the same with reasonable skill and care. The Company does not make any other warranties about the Services.
- The liability of the Company to the Client in contract, tort (including negligence for breach of statutory duty) or otherwise howsoever under or in connection with the Contract shall be to losses that are a foreseeable consequence of the Company’s breach of contract or tort and shall not exceed the amount at which the Company (acting reasonably) values the Client’s claim. Any claim by the Client for compensation for loss caused by the Company’s negligence or breach of contract must be notified to the Company as soon as practicable
- The Company shall have the right to commence legal proceedings on the Client’s behalf to pursue a claim for Compensation. Where the Company commences legal proceedings on the Client’s behalf, the Client agrees to: Comply with all reasonable requests of the Company and/or any legal representative appointed by the Company without undue delay, permit the Company to have the conduct of the claim and to pursue the claim in such manner as the Company in its absolute discretion thinks fit; disclose all relevant information and documentation as reasonably requested by the Company and/or its legal representative, instruct any legal representative appointed by the Company to provide all information relating to the claim to the Company, at the Company’s request, authorise any legal representative appointed by the Company to pay the Fees directly to the Company from any Compensation recovered by the legal representative and pay the Fees to the Company if the Compensation is paid directly to the Client.
- The Company agrees to be responsible for the Legal charges unless the Client misleads the Company and/or any legal representative appointed by the Company in any way , any information provided by the Client contains material omissions which would have resulted in the legal representative and/or the Company declining to accept the Client’s instructions, the Client terminates the Contract during the course of the proceedings, the Client fails to provide the Company and/or the legal representative with information (including without limitation witness statements) within a reasonable time from the time that such information is requested to remedy a breach of its obligations under the Contract within 7 days of a notice from the Company requiring the Client to do so.
- The Client agrees that the Company shall be reimbursed for all Legal costs to the extent that they are recovered from the Third Party. The Company is entitled to retain reimbursed Legal costs received directly by the Company from the Third Party and the Client agrees to pay to the Company forthwith any reimbursed Legal costs received by the Client from the Third Party.
- The Company shall have to immediately terminate the Contract upon any material breach by the Client of any term of the Contract, the Client is adjudicated bankrupt, enters into a voluntary arrangement with its creditors or has a IMCA appointed under the Mental Health Act 1983 and/or the Mental Capacity Act 2005 (as amended) or the Client does not follow any reasonable recommendations of the Company.
- The Company shall not be liable for any delay or other failure to perform any services by reason of any cause whatsoever beyond its reasonable control.
- Both parties agree to keep confidential the subject matter of the Contract and 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. The Client agrees that the Company shall not be required to disclose to the Client or account to the Client in respect of the Company’s interests, such as in relation to advice on marketing or other matters, provided that the Company does not contravene any applicable rules, regulations or codes of conduct. The Company reserves the right to charge the Client for any costs incurred by the Company if any information provided by the Client is misleading or contains material omissions which result in the Company providing the service to the Client, which it would have declined to do, if it had been in possession of the full information.
- 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 Contracts (Rights of Third Parties) Act 1999 to enforce the Contract.
- 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 failure or delay in exercising any of the Company’s rights shall constitute a waiver of the same or any other of its rights.
- The law applicable to the Contract shall be English law and the party’s consent to the jurisdiction of the English courts in all matters affecting the Contract.
- Cancellation – The Client shall have the right to terminate the Agreement without any charge by giving notice to the Company within 14 days of signing the Letter of Engagement. You may cancel the Agreement by post, email or verbally.
Clear Claims management Ltd (Clear Claims) is committed to protecting your privacy and developing technology that gives you the most powerful and safe online experience. This Statement of Privacy applies to Clear Claims Web site and governs data collection and usage. By using Clear Claims Web Site, you consent to the data practices described in this statement.
Collection of your Personal Information
Clear Claims collects personally identifiable information, such as your e-mail address, name, home or work address or telephone number. Clear Claims also collects anonymous demographic information, which is not unique to you, such as your Post Code, age, gender, preferences, interests and favourites.
There is also information about your computer hardware and software that is automatically collected by Clear Claims. This information can include: your IP address, browser type, domain names, access times and referring Web site addresses. This information is used by Clear Claims for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of Clear Claims Web site.
Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through Clear Claims public message boards, this information may be collected and used by others. Note: Clear Claims does not read any of your private online communications.
Clear Claims encourages you to review the privacy statements of Web sites you choose to link to from Clear Claims so that you can understand how those Web sites collect, use and share your information. Clear Claims is not responsible for the privacy statements or other content on Web sites outside of Clear Claims and Clear Claims family of Web sites.
Use of your Personal Information
Clear Claims collects and uses your personal information to operate the Clear Claims site and deliver the services you have requested. Clear Claims also uses your personally identifiable information to inform you of other products or services available from Clear Claims and its affiliates. Clear Claims may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.
Clear Claims does not sell, rent or lease its customer lists to third parties. Clear Claims may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is not transferred to the third party. In addition, Clear Claims may share data with trusted partners to help us perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to Clear Claims, and they are required to maintain the confidentiality of your information.
Clear Claims does not use or disclose sensitive personal information, such as race, religion, or political affiliations, without your explicit consent.
Clear Claims keeps track of the Web sites and pages our customers visit within Clear Claims, in order to determine what Clear Claims services are the most popular. This data is used to deliver customized content and advertising within Clear Claims to customers whose behaviour indicates that they are interested in a particular subject area.
Clear Claims Web sites will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Clear Claims or the site; (b) protect and defend the rights or property of Clear Claims; and, (c) act under exigent circumstances to protect the personal safety of users of Clear Claims, or the public.
The Clear Claims Web site uses “cookies” to help you personalise your online experience. A cookie is a text file that is placed on your hard disk by a Web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie to you.
One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalise Clear Claims pages, or register with Clear Claims Web site or services, a cookie helps Clear Claims to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same Clear Claims Web site, the information you previously provided can be retrieved, so you can easily use Clear Claims features that you customized.
You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of Clear Claims services or Web sites you visit.
Security of your Personal Information
Clear Claims secures your personal information from unauthorised access, use or disclosure. Clear Claims secures the personally identifiable information you provide on computer servers in a controlled, secure environment, protected from unauthorised access, use or disclosure. When personal information (such as a credit card number) is transmitted to other Web sites, it is protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol.
Changes to this Statement
Clear Claims will occasionally update this Statement of Privacy to reflect company and customer feedback. Clear Claims encourages you to periodically review this Statement to be informed of how Clear Claims is protecting your information.
Clear Claims welcomes your comments regarding this Statement of Privacy. If you believe that Clear Claims has not adhered to this Statement, please contact Clear Claims at email@example.com We will use commercially reasonable efforts to promptly determine and remedy the problem.
If at any point during the claims process you feel dissatisfied with any aspect of our service, then in the first instance please contact firstname.lastname@example.org. We will immediately carry out an independent investigation of your complaint and will provide a written response.
If we are unable to resolve your complaint to your satisfaction and you are an eligible complainant as defined by the Financial Conduct Authority, you will have recourse to the Financial Ombudsman Service.
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