Terms and Conditions

1. 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.

2. Fees and Interest

2.1. You will be charged a fee for our service upon a successful claim and 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 which band your Compensation amount falls into and will be charged by whichever is the lowest of: the maximum percentage rate of charge for that band, or the maximum total charge for that band.

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.

Where payment of compensation is made directly to you by the respondent, our payment terms require you to settle our invoice without undue delay after receiving your compensation.
We accept payment by cheque or BACS transfer. It is your obligation to ensure that funds are available to meet our invoice. Also see ‘Terms of Engagement’.

You agree to pay Our fee without undue delay upon receipt of funds paid to you by the respondent, 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.

2.2. We will instruct MedCo on your behalf to arrange a medical appointment for you to gather evidence as to the extend of your injuries. You will not be charged for this as the at fault insurer will settle this matter separately, however, should you not attend and arranged appointment you may be charged a “Did Not Attend Fee (DNA)” that will be payable by you at the point of settlement and will be included on our bill to you.

2.3. We will issue an invoice for Our Fee, when it falls due.

2.4. 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.

2.5. Your Compensation will be paid to you via the OIC service.

2.6. 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.

2.7. In the event that You do not make full payment within the time period agreed on our invoice, We reserve the right, Should We be unable to settle outstanding fees, to refer the debt to third-party debt collection agencies, who may impose further penalty fees.

3. Your Obligations

3.1. You must complete the application form which requires that You sign both the Letter of Authority and these T&C’s.

3.2. 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.

3.3. 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.

3.4. 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.

3.5. You must attend any arranged appointments and if, for whatever reason, you are unable to attend you will provide at least 48 hours’ notice of the same.

4. Cancellation

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

4.2. 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

4.3 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

5. 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.

6. Our liability to you and others

6.1 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.

6.2 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.

6.3 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.

6.4 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.

6.5 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.

7. Assignment

7.1. 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.

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

8. General

8.1. This agreement and the documents referred to in it make up the whole agreement between You and Us. Nothing in this clause limits or restricts Your rights or Our rights in respect of any fraud or wilful concealment by the other.

8.2. If We do not exercise, or We delay in exercising, any of Our rights or remedies under this agreement, this does not mean that We have waived that right or remedy, or waived any other right or remedy that We may have, and if We only exercise a right or remedy once, or only exercise part of it, this will not stop Us from exercising that right or remedy in the future, or any other right or remedy.

8.3. This agreement and the documents referred to in it are only for the benefit of You and Us and are not intended to benefit, or be enforceable by, anyone else.

8.4. If either You or Us needs to notify the other of anything under this agreement, the notice will be sent by pre-paid first class recorded delivery post, if it needs to be sent by Us to You, addressed to You at the address given at the head of this agreement (or to such other address as you have notified to us in accordance with this clause), and if it needs to be sent by You to Us, to us at the address given at the head of this agreement. Any such notice will be regarded as having been served 48 hours after the notice (provided that it has been correctly addressed and prepaid) has been posted. To prove service, it is sufficient to prove that the envelope containing the notice was properly addressed and delivered into the hands of a licensed postal operator for delivery, as referred to above.

8.5. For the purpose of any data protection legislation, as amended from time to time, You agree that We, and Our associates, may collect, store, process and retain personal and sensitive data relating to You in carrying out Our duties under these Terms. For full details please refer to our Privacy Policy which is available online and can be provided upon request.

8.6. The construction, validity and performance of this agreement will be governed by and interpreted in accordance with English Law and You and We agree that the English Courts will have exclusive jurisdiction over such matters, however We will have the right to take action against You in relation to this agreement in any Court, in any country, if We feel that it is necessary.