Terms Of Business
1.1 “Client” means the person or persons entering into a Contract for the provision of Services by Uclaim.
1.2 “Claim” means the claim that the Client may have against the Company relating to the mis-sale of the policy.
1.3 “Uclaim” means a trading style of the Claims Company (Cornwall) Ltd (Company Number 7926757) having its registered office Gateway Business Centre, Barncoose, Redruth, TR15 3RQ.
1.4 “Company” means the product provider, bank, building society, credit card company, or independent financial advisor who is responsible for the sale of the policy to the Client and to whom the Claim is made and/or any agent or authorised representative of them.
1.5 “Redress” means the total compensation or refund offered by the Company whether paid directly to the Client or by way of reduction of the Clients outstanding debt, but excluding the surrender value of the Product where this forms part of the compensation or refund.
1.6 “Services” means the work which we will undertake on your behalf in respect of your Claim including assessing the viability of, preparing, submitting and negotiating your Claim and which is set out more specifically in clause 2.
1.7 “Contract” means the signed Authority & agreement between the Client and Uclaim relating to the supply of Services incorporating these Terms of Business.
1.8 “Fee” means the fee of 30% of the total compensation payable.
1.9 “Authority” means the letter included in the Claim pack to be sent to the Company from the Client.
1.9.1 “Policy” means the Policy forming the basis of the Claim.
1.9.2 “Financial Ombudsman Service” means the independent service for resolving disputes with financial firms provided by the Financial Ombudsman Service of South Quay Plaza, 183 Marsh Wall, London E14 9SR.
2. We Agree To
2.1 Review your Claim and assess the likelihood of the Claim being successful. .
2.2 It is at Uclaim’s discretion to decide whether or not to proceed with the Claim at any time during the claims process but Uclaim must act reasonably in taking any such decision.
2.3 If we accept your Claim application, we will confirm this to you in writing, prepare and submit your Claim to the Company that sold you the payment protection insurance Policy.
2.4 Use our reasonable endeavours to obtain maximum compensation for the Claim.
2.5 Notify the Client of the outcome of the Claim, immediately after being informed ourselves.
2.6 Obtain your agreement before accepting or rejecting any offer or compensation.
2.7 Accept no liability for an unsuccessful Claim, or for the amount refunded to the Client. Unless the claim was affected by the negligent handling of the claim or the negligent handling of the claim resulted in consequential loss.
2.8 As soon as funds have cleared following the settlement of a Claim and the payment of compensation by the Company to Uclaim, pay the Client the balance of the Redress after deducting our Fee.
3. You Agree To
3.1 Provide Uclaim with all such material and information requested or which the Client believes to be relevant to the Claim.
3.2 Respond promptly to any requests for information from Uclaim, Company or Financial Ombudsman Service.
3.3 Provide full Authority to us to deal with the Company on your behalf.
3.4 Promptly inform Uclaim of any relevant matters affecting the Claim and forward any documentation received from the Company in respect of the Claim.
3.5 Inform Uclaim of any offer of Redress received directly by the Client if Uclaim has not itself informed the Client of an offer.
3.6 Not to authorise any other party to perform the Services performed by Uclaim, unless you terminate the agreement with us.
3.7 Provide truthful and accurate information regarding your Claim.
3.8 Pay our Fee due as a result of a successful Claim.
4.1 Our Fee is 30% of the compensation which we obtain for you as a result of a successful Claim.
4.2 For example, if we recover compensation of £2000, our Fee will be £600 and you will receive £1400.
4.3 Where the loan or credit card is in arrears the Company may decide to use all or part of any Redress to reduce the Clients indebtedness to them. In this case our Fee of 30% is still payable. An example of this might be if we recover compensation of £2000, but you had arrears or still owed £1000 on the loan the loan company may use £1000 of the compensation to repay this part of the loan. So the £1000 remaining would be payable to you, but you would still be liable for the 30% Fee on the full £2000 recovered. So our Fee in this case would be £600.
4.4 We will not charge you if the Claim is unsuccessful.
4.5 Where we receive compensation directly, we will issue you an invoice for the amount of our Fee and deduct the Fee directly from the compensation.
4.6 If the Company does not pay the compensation directly to us, we will send you an invoice for an amount equal to 30% of the compensation.
4.7 You agree to provide us with your account/card details on completion of your Claim, in order for us to take payment.
4.8 We reserve the right to charge you for any reasonable costs incurred in seeking to recover our Fee from you.
4.9 VAT is included in the 30% fee, VAT of 20% will be paid by us.
Our VAT no is 133178917.
5. How You Can Cancel
5.1 The Client shall have the right to terminate the Contract within 14 days of signing the Authority and in that case shall not incur any Fee from Uclaim. Notice should be made in writing to Uclaim and will be effective from the date posted by the Client. The Client should obtain and retain proof of postage to verify the date posted.
5.2 The Client has the right to terminate the Contract by providing Uclaim written notice at any time. If the notice to terminate is received after any offer of Redress is made or receipt of any notification that the Claim has been upheld, the full Fee of 30% of the Redress will be payable.
5.3 A cancellation note can be found on our website if required.
6. How We Can Cancel
6.1 Uclaim may terminate this Contract at any time where it believes that, due to material changes to circumstances surrounding the Claim or regulation changes, the case is unlikely to succeed.
6.2 Where the Client fails to meet any of the Clients obligations set out in paragraph 3, Uclaim may terminate the Contract.
6.3 Where Uclaim terminates the Contract; it will inform the Client in writing.
7.1 At Uclaim customer relations is something that we strive to maintain and exceed. Any complaint received is taken very seriously and is dealt with in a professional and courteous manner by our excellent customer relations team. All complaints are processed in accordance with our internal complaints procedure.
Our internal complaints procedure is designed to resolve our clients’ concerns quickly and efficiently. Complaints may be made in writing, by e-mail or telephone.
In the unlikely event you need to make a complaint, please write to:
Gateway Business Centre
Telephone: 01872 211380
“Of course you are free to make a complaint yourself or approach a free service such as the Citizen Advice Bureau”
8.1 This agreement is governed by the law of England and Wales.
8.2 You may not transfer your rights and obligations under this Agreement but you can terminate the Agreement in accordance with clause 5 above.
8.3 You are aware that you could complain directly to the Company at no cost, with the ability to take matters further with the Financial Ombudsman Service yet wish to pursue your complaint via Uclaim.
8.4 I/We understand that in the event of a successful claim, my payment protection will be cancelled and it is my responsibility to arrange replacement cover if required.
8.5 Full details of Uclaim’s internal complaints procedure are available upon request.
9. Debt Recovery
9.1 In the event Uclaim takes steps to recover any Fee’s or other amounts due from the Client it reserves the right to cover all costs associated with the recovery, including but not limited to court fees, bailiff fees and its own administration costs.
10. Data Protection
10.1 Data is held in accordance with the Data Protection Act 1988. By providing us with your personal details you authorise us to share these details with any organisation, including the Company or the Financial Ombudsman Service for the sole purpose of pursuing your Claim. You agree for us to contact you with regards to any matter relating to your Claim, or if we feel we can offer you another service that will be of benefit to you. We will never pass your details to a third party not connected with your Claim without your prior consent.
11.1 Uclaim is regulated by the Claims Management Regulator in respect of regulated claims management activities. Registration number CRM29481. www.claimsregulation.gov.uk.