1. ‘Company’ means Clear Claims Management Limited trading under its own name or under the trading name “Clear Claims”
2. ‘Client’ means the client of the Company.
3. ‘Claim’ means a claim for Compensation made by the Company on behalf of the Client in accordance with the terms of the Contract.
4. ‘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.
5. ‘Administration Charge’ means such costs incurred in processing, preparation and submission of the claim including any charges payable to any Third Party in order to obtain details relating to the Client’s claim incurred by the Company and as fall under the Contract.
6. ‘Benefit’ means all non-monetary benefits in whatever form including without limitation all benefits that will arise from any waiver, cancellation, reduction, saving, deduction or rescheduling of any outstanding or future premiums, charges or other interest or administrative payments (or any offsetting or relief against the same) or any other saving, inducement, discount or rebate offered in relation to any other products or services offered by a Third Party or persons connected to the Third Party.
7. ‘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.
8. ‘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.
9. ‘Services’ means all or any of the services as specified in the Contract.
10. ‘Fees’ means the charges payable by the Client set out in the Contract.
11. ‘Third Party’ means any bank, person, firm or company that entered into an agreement with the Client.
Terms and Conditions
1. 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
2. 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 hold all Compensation monies received from a third party in a client account, 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, unless this is due to an act or omission on the part of the Client
3. The liability for the Client to pay the Fees and any other charges that may be payable under the Contract is (where the Client is more than one person) joint and several. This means that the Company can recover all of such charges from any person who is the Client. Fees and any outstanding Administration Charges 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.
4. In the event the Company takes steps to recover any Fees and/or Administration Charges due and unpaid by the Client to the Company, the Client shall pay to the Company the Company’s costs (including administrative costs) of taking such steps plus VAT. In addition the Client undertakes that it will at all times be responsible for all costs and expenses incurred by the Company, including but not limited to, Court fees, interest and administrative fees in recovering from the Client any Fees due and unpaid from the Client to the Company.
5. 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.
6. The Client assigns to the Company all its rights in the Compensation and 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 two 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 and other fees due to the Company under the Contract shall be paid by the Client within 14 days of the Company’s invoices.
Example 1: 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 2: The Company recovers £3,000.00 of which £2,00.00 is paid directly to the Client, and £1,000.00 is used to reduce any arrears/debt the Client owes to the financial business. 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 £1,280.00.
7. When compensation is paid directly to the Company by a Third Party, the Client agrees that the Company may take payment for its Fees and any other fees due to the Company under the Contract from any Compensation it receives on the Client’s behalf before transferring the balance to the Client. The Company shall issue a receipted VAT invoice for such payments to the Client within 14 days of the date on which payment was taken.
8. When an offer for Compensation is obtained from the Third Party on behalf of the Client which in the reasonable opinion of the Company is fair and reasonable having regard to the relevant timescales and that offer is rejected by the Client then the Company reserves the right to charge a fee equal to the amount of the Fees which would have been payable in the event that the Client accepted that offer in line with the Company’s advice.
9. The Client agrees to pay to the Company the Fees and is deemed to have irrevocably accepted an offer of Compensation in cases where an offer of compensation, which in the reasonable opinion of the Company is fair and reasonable, has been sent either by the Company or the Third Party to the Client, and the Client has not within 28 days of receiving such offer returned to the Company, the Third either Party’s acceptance form or a letter rejecting the Third Party’s offer.
10. 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.
11. 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.
12. 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
13. 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.
14. 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.
15. 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.
16. 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.
17. The Client shall have the right to terminate the Contract by giving written notice to the Company within 14 days of signing the Contract. In the event that the Client terminates the Contract after 14 days the Company reserves the right to charge the Client at the Company’s standard hourly rate, such preparation, processing, and submission costs as may have been incurred by the Company up to the time the Client’s notice of cancellation is received by the Company. If such termination takes place once the Third Party has made an offer of Compensation, the Company shall have the right to impose a charge equivalent to the Fees that would be payable if the offer was accepted.
18. 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.
19. 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.
20. 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.
21. Any notice to be given in accordance with the Contract and these terms and conditions must be in writing.
22. 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.
23. 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.
24. The law applicable to the Contract shall be English law and the parties consent to the jurisdiction of the English courts in all matters affecting the Contract.
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