Pre contract information

One Call Legal Services Ltd is a Claims Management Company who specialise in making small personal injury claims on behalf of clients who have suffered a personal injury in a Road Traffic Accident that was not their fault and in respect of which it may be possible to submit a compensation claim via the Online Injury Claim service.

We have agreed to investigate your potential claim and, if deemed appropriate, submit a claim on your behalf via the Online Injury Claim service, on the terms of this agreement.

We do not give legal advice; Our service is limited to the process and administration of Claims that fall within the remint of the OIC. One Call Legal Services Ltd is authorised and regulated by the Financial Conduct Authority under FRN 000000
You do not need to use a claims management company to make a claim, you have the option to submit your own claim without incurring a fee and can do this through the Official Injury Claim service. By entering into this agreement you confirm that you do not wish to submit the Claim yourself but instead engage Us to act on your behalf on the basis that Our professional support will improve your chance of a successful outcome to your Claim.

1. Definition of Terms

“Claim” means the Client’s claim(s) or potential claim(s) against the person considered at fault for the RTA.
“Client” means you
“Disbursements” means payments made to third parties during Your Claim for extra or specialist advice/services not provided by Us.
“Compensation” means the gross sum awards, either interim or final to the Client in respect of the Claim however paid, payable or credited to the Client direct or paid to another person, wholly or in part, with right to offset or paid to another party in accordance with legal requirement.
“Fee” means the fee payable to Us calculated in accordance with clause 4
“OIC” means the Official Injury Claim service operated by the Ministry of Justice
“Pre Contract Information” means the One Page Summary document and Important Information about our Service document provided to You prior to entering into this agreement explaining our Service
“RTA” means the Road Traffic Accident in which you suffered a minor injury and which wasn’t your fault.
“Service” means the claims management service provided by Us to You including but not limited to the assessment of Your Claim, preparation, submission, negotiation and conclusion of the Claim.
“We, Us and Our”  means One Call Legal Services Ltd, whose registered office is at One Call House, Albion Trading Park, Holyhead Road, Birmingham, B21 0AF; company registration number 09871627
“You and Your” means you the person/s entering into this Agreement.

2. Scope of Work

We will undertake a thorough assessment of your potential claim. You will need to supply us with all relevant details of the road traffic accident, details of your injuries together with supporting paperwork and medical reports. You must provide the firm with all relevant paperwork needed to assess and pursue your claim, sign all required documentation, and communicate all relevant information throughout the claims process. The information you supply will be assessed to establish whether you have a valid case for compensation.

We will keep you informed of the progress of your Claim and will advise you on both the merits of your Claim and the best course of action at every stage.

Once the Claim is completed, we will advise you on whether to accept or reject an offer, and the process of making any settlement offers.

Other than the actions referred to above, we will not be obliged to take any action on your behalf, unless we otherwise agree in writing.

3. No Guarantee

We give no guarantee and make no representation that any Claim that We make on Your behalf will be successful, or that We will be able to recover any particular sum of money, or achieve any particular result, for You and You agree not to hold Us liable for any amounts We are unable to recover.  We are not liable to You for unforeseeable loss or damage nor are We responsible for delays outside Our control.  In any event any liability will be limited to the value of the Fee You have paid or will pay under this agreement, net of VAT.

4. Fees and Interest

4.1. You will be charged a fee for our service upon a successful claim and this will be 25% plus VAT of the Compensation that is awarded. We will charge Our fee on a No Win, No Fee basis. Therefore, you will not pay a fee if the claim is unsuccessful or we decide not to pursue a claim, due to lack of substantiated evidence.
If successful, your fee will be calculated based on the gross Compensation awarded before any setoff as described below

Examples of fee calculations with and without VAT

1. You receive £500 in compensation. Our fee would be £125 (£150 with VAT)
2. You receive £1,000 in compensation. Our fee would be £250 (£300 with VAT)
3. You receive £1,500 in compensation. Our fee would be £375 (£450 with VAT)
4. You receive £2,000 in compensation. Our fee would be £500 (£600 with VAT)

Please note that if you have been subject to or become subject to a bankruptcy, a debt relief order, an IVA, sequestration or a similar arrangement, the compensation awarded might be used to offset this debt. If this is the case, you will still be liable for our fee as detailed above. The fees above are based on the Compensation amount, which is the amount before any debts or taxation is repaid our other deductions.

If you are a discharged bankrupt, it is possible that your creditors remain entitled to any future compensation you receive. Please contact your insolvency Practitioner if you are in any doubt.

We will make an enquiry via the defendants insurance company to establish if any offsetting liability exists between you and the defendant and will inform you in writing if we are told that an offsetting liability does exist and explain how that might impact the compensation amount you may receive.
Regardless of any offsetting of the compensation awarded, our fee calculated on the amount of compensation awarded before any deductions will remain due.

Payment of compensation, after any offsetting liability that might exist as described above, will be made directly to you by the defendants insurance company. Our payment terms require you to settle our invoice without undue delay after compensation has been awarded, regardless of whether the compensation amount is subject to any offset.

Any compensation award will be paid to you direct by the defendants insurer. Our payment terms require you to settle our invoice without undue delay after receiving your compensation.
We accept payment by cheque or online bank transfer. It is your obligation to ensure that funds are available to meet our invoice..

You agree to pay Our fee without undue delay upon compensation being awarded, whether or not the amount awarded is subject to partial or total offset due to any offsetting liabilities. You accept that payment of Our Fee is not contingent on the completion of any further action. Where further settlement actions remain outstanding that form part of the Claims Management service obligation, we will continue to pursue these on your behalf and our contractual commitments to you will be unaffected by the payment you have made.

4.2. We will issue a itemised bill and invoice for Our Fee, when it falls due.
4.3. We operate a ‘No Win No Fee’ policy. No Win No Fee means You do not pay Us if Your Claim is unsuccessful and if successful, You only pay Our fee once a compensation payment has been paid or otherwise offset.
4.4. Your Compensation will be paid to you by the defendants insurer, unless otherwise offset
4.5. You agree, unless otherwise agreed in writing with You, to pay the full amount due to Us within 14 days from the date you receive the funds, or the date that the funds have been paid to another person, wholly or in part, with right to offset or paid to another party in accordance with legal requirement.
4.6. In the event that You do not make full payment within the time period agreed on our invoice, We reserve the right to apply an additional penalty fee of no more than £50 from the date that the payment becomes late.

5. Our Undertakings

5.1. We will keep you informed of the progress of your Claim and will advise you on both the merits of your Claim and the best course of action at every stage.

5.2. We will promptly pass on to You any information received from a third party that is intended for You

5.3. We will promptly pass on to You any request for information received from a third party

5.4. Upon becoming aware of, We will promptly notify You of any costs you will have to meet as part of the Claim process and promptly notify You of any changes to previously advised costs

5.5. We will promptly notify You of any allegation by a third party that Your Claim is fraudulent

6. Your Obligations

6.1. You must complete the application form which requires that You sign both the Letter of Authority and these T&C’s.
6.2. You must promptly provide to Us, at no cost to Us, copies of any documents in Your possession (in relation to the Claim), and with any other information, that We ask for at any time.
6.3. You must make full, frank and prompt disclosure to Us of all facts that You believe are relevant to Your Claim, and not deliberately mislead Us at any time.
6.4. You must promptly provide to Us, at no cost to Us, any authority we ask for at any time, authorising Us to carry out Our obligations under this agreement.

7. Cancellation

7.1. This agreement can be cancelled within 14 days of agreeing to it free of charge, by returning Your signed ‘Cancellation Form’

7.2. If You cancel this agreement after 14 days, and in the circumstances where We have already submitted your Claim to the OIC on Your behalf prior to cancellation, We reserve the right to charge you the full fee should We become aware that compensation has been awarded

7.3 If We have registered a Claim on Your behalf, prior to cancellation of this agreement, We may still receive communications regarding the Claim. If You do not want Us to receive any further correspondence following cancellation of this agreement You will need to discuss this with the OIC directly

8. Third Party Rights

No person or entity who is not a party to this agreement will have any rights under the Contracts (Rights of Third Parties) Act 1999 or otherwise to enforce any rights herein.

9. Our liability to you and others

9.1 Our advice is for You alone and exclusively in respect of the Claim You have instructed Us to pursue. Third parties may not reply on Our advice unless we specifically agree in writing that they may do so.

9.2 We do not accept any liability to third parties with whom You share Our advice. Should any third party bring a claim against Us in relation to any advice You have provided to them directly or indirectly or instructed Us to supply to them, then You agree to indemnify Us in relation to such a claim and all our associated costs in dealing with the matter.

9.3 In any event Our liability to You will be limited to the quantum of Our Fee should the Claim settle or would settle if the Claim had been settled.

9.4 Your agreement is with Us and as such You agree that you will not bring a claim, whether in tort, negligence or for breach of statutory duty or otherwise against any current or former director, employee, consultant or agent of Us.

9.5 Nothing in this agreement will restrict or exclude our liability to you for death or personal injury resulting from Our negligence or where Our liability may not be limited under any applicable law.

10. Assignment

10.1. We may assign our rights and responsibilities under this agreement to any other entity provided that it consents to provide the same service to you under this agreement and that they have the relevant permission/authority to conduct Your Claim. We will inform you in writing upon such an assignment.

10.2 You may not assign your rights under this agreement to any other person or entity.

11. Complaints Procedure

We pride ourselves in providing a professional service. If You are not happy with Our service in any way, We would like to hear about it. A full copy of Our complaints policy and procedure can found on Our complaints page on Our website. Please address your complaint in writing or by phone to:
Complaints Manager
One Call Legal Services Ltd
One Call House
Albion Trading Park
Holyhead Road
Birmingham
B21 0AF

Email:andy@onecalllegal.co.uk

Phone:0121 374 2045
If for any reason You are not satisfied that Your complaint has been resolved fairly, then provided You are an ‘eligible complainant’ You are entitled to refer the matter to the Claims Management Ombudsman at the Financial Ombudsman Service (www.financial-ombudsman.org.uk) at Exchange Tower, Harbour Exchange, London, E14 9SR or telephone 0800 023 4567.