Terms & Conditions
Following are the Terms of Agreement under which we are willing to provide our claims management and negotiation services to you.
You request and we agree to provide you with a claims management and negotiation service in respect of mis-sold financial products and services. You authorise us to negotiate on your behalf with all lenders and associated parties relating to the financial products & services identified by you, and those that are subsequently identified by us as a result of corresponding on your behalf.
Initially we provide a service for assessing the merits of your potential claims arising from mis-sold Payment Protection Insurance (PPI). Upon completion of that assessment, we will decide if we shall proceed with your claim.
The assessment is conducted using the following sequential process:
- You complete a short questionnaire detailing the circumstances surrounding your decision to purchase Payment Protection Insurance (PPI).
- We rely on the information provided by you to assess the merits of your claim in respect of mis-sold PPI.
- If in our opinion your claim has merit, we will proceed with the claim and begin the negotiations with your lenders, brokers, insurers and associated parties after informing you of this. We will instruct your lender to investigate all linked accounts in relation to you and your claim.
- If in our opinion your claim does not have merit we will inform you of this and cancel your claims.
- We will contact you if your claim has been successful and we will advise you to accept the offer made if we believe the offer to be correct and in line with the Financial Ombudsman Service and Financial Conduct Authority guidelines.
- We will only contact you if we require further information or if we have an update on your claim for you. You may contact us whenever you wish and we will give you an update on your claim.
- We must inform you that if your claim is successful, your payment protection insurance will be cancelled.
We will use all reasonable endeavours to gather the information and documents required to pursue your claim, whether from you directly or from lenders, brokers, insurers and associated parties relating to your claim. We will act reasonably in assessing the merits of your claim, both initially and at intervals throughout the claims process. We will be responsible for deciding whether to proceed with your claim up to the conclusion of the assessment period. If your claim is discontinued by us for any reason during the claims process we will notify you promptly explaining the reasons behind our decision to discontinue.
We will ensure that if your claim is settled, after deducting our fee as outlined below, the balance if compensation due to you under the terms of this agreement is paid to you within 14 days of clearance of the funds in our account.
We will preserve your confidentiality, including your personal information, from all parties unrelated to your claim except where expressly authorised by you to the contrary with the exception of when we are required to provide this information by law to certain bodies including, but not limited to, the Police, CSA and Inland Revenue.
We are regulated by the Claims Management Regulator in respect of regulated claims management activities.
Our authorisation number is CRM19622.
What We Will Not Do
We will not check or verify the information you provide to us unless we are under legal obligation to do so. We will rely on the information provided by you to us as being true, accurate and complete.
You will carefully read all documentation and retain a copy for your records.
You will deal promptly with all requests made by us for documents or information relating to your claim and promptly sign and return to us any forms of authority or any other documents we may require. You will keep us informed of your contact details at all times and you will notify us of any material facts that may affect your claim. You will provide us with all documentation you hold in relation to your PPI policy.
You will contact us immediately if you receive payment from the Payment Protection Insurance provider or if you have any direct communication any parties associated with your claim.
You will ensure that at all times we have exclusive rights to manage your claim and you will not instruct any other party to act on your behalf. You will not negotiate directly with lenders, brokers, insurers or associated parties in relation to your claim and you will not accept any settlement that is communicated directly to you by them.
You will ensure that all information provided by you to us is true and is not misleading either by fact or omission. If compensation payments are not remitted to us, or they are offset against balances on any loan, mortgage, savings, current or other account you may have, you will forward all fees due to us within 14 days of receipt of award.
Before engaging our services it is important that we advise you of the options available to you, they are:
- To not return our paperwork and leave the claim unchallenged. This will mean that your money will remain with the bank.
- Raise the complaint yourself. The financial Ombudsman Service and banks offer a free service for your complaint. However due to our experience and knowledge in this arena it would be easier for you to leave it up to us.
- Sign and return all your documents and let us fight your corner to get your money back.
We charge a fee of 25% plus VAT (at the prevailing rate) of any sums paid or awarded in respect of a settlement, goodwill gesture, policy refund or rebate by your lender, broker, insurers and associated parties. These fees apply even if you reject a reasonable offer of settlement.
In the event that you fail to settle the fee within the conditions set out in this Agreement, you will be liable for any reasonable costs for debt collection services.
Termination of Agreement
If for any reason you wish to cancel this agreement you may do so within 14 days from signing without incurring any charge. After 14 days you may cancel this agreement you will be charged at a rate of £85 + VAT per hour or part thereof for all work conducted on your claim until the day of receipt of your notice of cancellation.
Right to Cancel
You have the right to cancel this contract by any reasonable means within 14 days without giving any reason. The cancellation period will expire after 14 days from the day of the conclusion of the contract.
To exercise the right to cancel, you must inform us: Action Direct (UK) Limited of Fields House, Old Field Road, Bocam Park, Pencoed, CF35 5LJ, firstname.lastname@example.org, 0800 668 1755, of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail).