23rd June 2016 Fran Wilkinson

Terms & Conditions

Pre-Contract Information and Terms and Conditions of Contract

This contains important information. You should read it thoroughly. You should only sign up with us if you understand it and agree to its contents.

1. Our Service

1.1 Conclusive Financial Limited is authorised and regulated by the Financial Conduct Authority (FCA) for regulated claims management services. Our temporary permission – firm reference number is: 838617. You can check this on Financial Services Register at https://register.fca.org.uk
1.2 Conclusive Financial Limited provide mis-sold financial product or service claims services. We can examine your credit agreements to see if they contain a financial product or service and where it was mis-sold to you we will make a claim for compensation on your behalf. In summary:
1.2.1 Once we have received your completed documentation we will investigate your claim by obtaining copies of any documentation from
your loan provider, insurance company or bank (unless you can provide these to us). This documentation may include but is not limited to:
1.2.1.1 Bank Statements
1.2.1.2 Credit Agreements
1.2.2 If we discover that you have a mis-sold financial product or service we will send you a questionnaire to complete to enable us to assess whether it was mis-sold to you.
1.2.3 If we think the financial product or service was mis-sold we will submit a claim to your lender. They have 8 weeks in which to respond to this although it may take longer.
1.2.4 Where your claim is rejected by your lender we may submit it to the Financial Ombudsman Service for consideration. We will request consent from you before we do this.
1.2.5 If your lender no longer exists we will submit your claim to the Financial Services Compensation Scheme.
1.2.6 If your claim is successful and you receive a compensation this should be paid to your Insolvency Practitioner by the lender. Our success fee will be invoiced to your Insolvency Practitioner as shown in clause 3.1 of this agreement.
1.2.6.1 If your claim is successful and is offset against any outstanding amount with the lender no success fee will be charge in relation to the offset amount.

Example:

Compensation Offered Compensation Offset Compensation Received Our Fee Payable
(20% + VAT = 24%)		 You Will Receive
£1000 £500 £500 £120 £380
£3000 £1500 £1500 £360 1140
£10,000 £5,000 £5,000 £1,200 £3,800

1.2.7 If you decline an offer of compensation which we advise you to accept and which is consistent with the Financial Ombudsman

2. Your Obligations

2.1 You and your Insolvency Practitioner appoint us as your agent so that we can liaise with your creditors.
2.2 You must ensure that you always supply truthful and accurate information.
2.3 You must forward any correspondence which you receive regarding your claim to us.
2.4 You must promptly reply to any request for further information and documents we make.
2.5 You must pay our fees within 14 days of receiving an invoice from us. You should consider how you will pay our fee if you decide to decline an offer of compensation which we recommend that you accept.
2.6 You ask us to commence work in providing our service to you during the cancellation period set out in clause 4.
2.7 You acknowledge that there is a possibility that a claim may result in court proceedings and you may need to provide evidence. In the unlikely event that this occurs we will continue to provide our services and arrange for you to be represented by a solicitor.

3. Our Fees

Fee Examples

The following fees illustration is not to be taken as an estimate of the amount likely to be recovered for you. The fee illustration is also based on the amount of compensation received from the Lender(s).

Compensation Offered Our Fee Payable
(20% + VAT = 24%)		 You Will Receive
£1000 £240 £760
£3000 £720 £2280
£10,000 £2,400 £7,600

 

If your claim is successful and is offset against any outstanding amount with the lender no success fee will be charge in relation to the offset amount.

Example:

Compensation Offered Compensation Offset Compensation Received Our Fee Payable
(20% + VAT = 24%)		 You Will Receive
£1000 £500 £500 £120 £380
£3000 £1500 £1500 £360 1140
£10,000 £5,000 £5,000 £1,200 £3,800

 

4. Cancellation

4.1 If you decide that you do not want to proceed with our services you can cancel your contract with us at any time. You can effect your cancellation in writing or verbally.
4.2 If you cancel during the first 14 days after you sign this agreement you will not have to pay any fee. You can also terminate the agreement anytime after this date and before a complaint is laid and you will not have to pay any fee.
4.3 We can cancel this agreement if you materially breach any of your responsibilities and you fail to rectify your material breach within 21 days of us telling you which we will attempt to do by both telephone and post.
4.4 Should you receive an offer of compensation after this agreement is cancelled/terminated as a result of work carried out by us, the success fee will still be payable in line with section 3 of this agreement

5. Complaints

5.1 Please contact Us if for any reason You are dissatisfied with Our service.
5.2 We are committed to resolving complaints as quickly as possible. In the event that You wish to make a complaint, please contact Us in writing, by email or by phone. We will acknowledge receipt of the complaint with 5 working days and provide a copy of Our full complaints handling procedure. We have a maximum of 8 weeks in which to respond to your complaint but We hope to resolve matters within 28 days.
5.3 If You are dissatisfied with the handling of your complaint, or if we don’t provide a full response within 8 weeks, You can refer the matter to the Financial Ombudsman.
5.4 The Financial Ombudsman can be contacted in writing at;

 

6. Other important information

6.1 You are entitled to seek further advice in relation to your claim and to consider what services might be most appropriate to your claim for compensation. In particular you have the right to shop around and you should be aware of the services provided by the Financial Ombudsman Service.
6.2 The provisions of the Contracts (Rights of Third Parties) Act 1999 are excluded from this agreement which means that only you and we have any rights under this contract. However if you ask us to liaise with anybody else on your behalf in relation to this contract we will do so provided that you give us your written permission.
6.3 Our service is personal to you and for this reason you are not able to assign this contract to any other person.
6.4 We can assign our rights and responsibilities in this contract provided that the person we assign it to agrees to provide the same services to you in accordance with this contract. We will write to you before any assignment is made to ensure that you are aware that it is happening. You have the option to cancel your contract without charge in these circumstances.
6.5 You should consider whether you have alternative mechanisms for pursuing a claim i.e. legal expenses insurance.

 

Last Updated: 16 December 2019