The following terms constitute the Terms of Business (the “Terms of Business”) of Finance Reclaim Limited to provide personal consultancy services as described below. They will apply to all transactions between both parties, unless varied in writing.

1 Interpretation

For the purposes of these Terms of Business: 1.1 references to “we”, “us” and “our” are Finance Reclaim Limited (“FR”) of 2nd Floor Metropolitan House Station Road Cheadle Hulme Stockport SK8 7AZ A and regulated by the Ministry of Justice in respect of regulated claims management activities no 5218

1.2 references to “you” and “your” are to the person or persons to whom our Terms of Business is addressed;

1.3 “compensation payment” means an amount of compensation, redress payment or refund amount agreed to be paid by the product provider, bank, building society or selling agent;

1.4 “consultancy services” means the services to be provided in accordance with these Terms of Business;

1.5 “Letter of Engagement” means the letter to be signed and returned by yourself to FR in order to authorise FR and/ or your AS to act as your representative in all dealings in respect of your claim against a product provider and confirming acceptance of these Terms of Business

1.6 “product provider” means an insurance company, independent financial adviser, investment management company, bank, building society or other third party offering investment products or services and is not restricted to the specific definition of these words in the FSA Handbook.

1.7 “fee” means a fee of 25% (twenty five) plus VAT

1.8 “AS” means your appointed solicitor agreed by you to act for you

2 Conduct

2.1 We shall conduct consultancy services for you only when you have instructed us to do so.

2.2.1 We shall not give legal advice to you. We will refer you to independent solicitors regulated by the Solicitors Regulation Authority should you request us to do so. They shall act in accordance with the Solicitors’ Introduction and Referral Code. We are not a firm of solicitors regulated by the SRA , and we do not   retain professional negligence insurance in the event of a claim for negligence made by you.

2.2.2 You have the right to shop around for alternative or further advice before entering an agreement with us.

2.3 We act in accordance with claims management regulations.

2.3.1 Before seeking to enter into an agreement with you, you must help us determine whether you have alternative mechanisms for pursuing a claim, for example  your home insurance policy  or whether you might wish to seek legal aid to pursue your claim (where there would be no deduction of the fee from any settlement recovered)

2.3.1 To secure your business we normally pay a marketing fee of not more than £50 + VAT to independent agents and other referrers who source business for us.  We often also pay up to 12.5%  (plus vat) of the fees to independent agents and their referrers leaving a balance to us of 12.5% (plus VAT)

2.4 You may cancel your agreement with us within 14 days (cooling off) for any reason without liability. A copy of these terms is left with you .  Please read them carefully within the cooling off period and should you wish to withdraw from your agreement with us during this period you should do so without embarrassment and you will have no liability to us.

2.5 You may withdraw from this agreement at any time after the cooling off period however you shall be liable to pay to us £50 plus VAT per hour for the work we have done for you up to a maximum of £500 or if, due to the work we or our panel solicitor have done or a settlement is likely , a sum equivalent to 20% (twenty) plus VAT of the anticipated settlement damages.

2.6 In pursuing this claim you may be required  to appear in Court.

3 Scope and basis of our work

3.1 The consultancy services that FR offer will  include (I) consideration  of your complaint against a product provider in respect of any financial product or service, including products or services not regulated by the Financial Services Authority (II) the recommendation of a specialist firm of solicitors (your AS)  regulated by the SRA  to pursue your claim (III)  Communication with you and your AS to the position with your claim. (IV) Our providing back up materials and information to your AS to enable them to assess your claim and understand how individual finance opponents are dealing from time to time with claims like yours. (V) Our providing training and assistance to your AS (VI) supporting your AS at all times with up to date case law (VII) supplying your AS with detailed knowledge of the finance market  and advising him of coal face knowledge of your opponent, s attitude to like claims. You are free to choose any solicitor of your own choice.

3.2 We will rely on the information and documents that you provide us with as being true, correct and complete. We will not audit, test or check such information or documents except where this is consistent with our obligations under the law. You should let us know immediately of any changes that might affect the service  we provide you.

3.3 During the course of the provision of our consultancy services, we shall from time to time require your instructions. You must give us clear instructions which allow us to provide our consultancy services properly. You must not ask us to work in any improper or unreasonable way; you must not deliberately mislead us and you must co-operate with us when asked.

4 Communication

4.1 Unless otherwise instructed, we shall communicate with you at your home address, normally by letter sent by normal postal services or, where appropriate, courier services. We shall send you letters by fax to an agreed fax number only where specifically instructed or where the matter is one which, in our judgment, justifies such method of communication.

4.2 Transmission of e-mails on the Internet or otherwise has inherent risks. Neither we nor you shall have any responsibility or liability to each other where any e-mail (whether sent by us, by you or by your nominated adviser or agent) is lost, delayed, intercepted, corrupted or otherwise altered is rendered incomplete or fails to be delivered, except and only to the extent finally determined to have resulted from bad faith or wilful default.

4.3 We shall accept instructions from you or your nominated representative orally (in person or by telephone), in writing or by e-mail, but we shall not proceed with any consultancy services for you until we have received express instructions in writing or by e-mail.

4.4 To enable us to provide the optimum service to you, there may be occasions when we need to contact you without your express invitation, and you agree that we may do so. We shall contact you only between 08:00 and 20:00 Monday to Saturday.

5 Fees payable if we are successful with your claim

5.1 You agree to pay us the fee of any compensation amount offered if we are successful with your claim.

5.2 The fee applies to each individual claim considered by FR not the aggregate of all claims.

5.3.1 You agree to notify FR, within 5 working days, of any payments of compensation, whether in part or full, made to you directly by the product provider in connection with the complaint we are handling on your behalf. Any payments received by you which FR has not been notified about may accrue interest in accordance with Clause 5.4.2 (below). Upon receipt of notification of a payment made to you directly you will be issued with an invoice for the fee , based on the amount paid, and agrees to pay the invoice within 14 days in accordance with clause 5.4.2.

5.3.2 You agree to pay the fee within 14 days of receiving our invoice. Any outstanding balance beyond this date will accrue interest at Nat West Base rate plus 4% (four) and may incur further late payment penalties including but not limited to £12 for each item of correspondence sent in retrieving the payment, until payment is made or terms agreed for payment of the outstanding debt. Should payment remain outstanding beyond 30 days we reserve the right to pass your case onto a debt collection agency who will attach further charges to our fees. Should your case be passed to a debt collection agency we cannot accept or negotiate any payments directly.

6 What happens if your claim is rejected

6.1 If we are not successful in achieving an offer to pay compensation following your claim you do not have to pay a fee to us. Your claim may be rejected at our sole discretion.

7 Client Service

7.1 If at any time you wish to make a complaint about any aspect of the advice or service you have received from FR the matter will be dealt with through our internal complaints handling procedure, a copy of which is available, through our website at financereclaim.com or upon request.

7.2 Nothing in these Terms of Business shall preclude FR or any of its directors or employees from taking such steps as are necessary in order to comply with the professional or ethical rules of any relevant professional body of which a director or employee is, at the time, a member.

8 Data Protection Act 1998

8.1 During the period of our engagement we shall request information about your personal and financial situation from you. It may be appropriate to obtain some of the information about your personal and financial situation from third parties (for example, from other firms which act, or have acted, as your professional advisers).

8.2 The information that we obtain about your personal and financial situation may constitute “personal data” or “sensitive personal data” under the Data Protection Act 1998 (“the 1998 Act”). By signing this client agreement, you expressly consent that we may:

8.2.1 carry out such processing (whether obtaining, recording or holding) of such data as is necessary to enable us to carry out your instructions;

8.2.2 disclose such data to such advisers or other third parties as is necessary to enable us to provide our advice to you. For example, we may have to disclose such data to one or more product provider in order to obtain quotations or projections for you;

8.2.3 hold such data in our files for as long as necessary for the purposes of providing the consultancy services; and in accordance with our internal retention policies and

8.2.4 using our knowledge of your personal and financial situation, bring to your attention, from time to time, information that we believe may be of interest to you, unless you have informed us that you do not wish to receive any such information.

8.3 If requested by you in writing, we shall (for a fee not exceeding the maximum fee prescribed in the 1998 Act) provide you with details of the data that we hold about you. You undertake to advise us if any such details are incomplete, inaccurate or out of date.

8.4 If requested by you in writing, we shall provide you with details of the third parties (referred to in paragraph 8.2.2 above) to which we have disclosed information about your personal and financial situation.

9 Confidentiality

9.1 Subject to paragraph 8.2.2 above, we shall not, without your prior written consent, disclose any confidential information concerning your personal or financial situation to third parties (except to other professional advisers including the solicitors instructed by you) whom we may consult in relation to our work (save to the extent that the information is in the public domain), unless otherwise required by law, a court of competent jurisdiction, HM Revenue and Customs or any other government or regulatory authority.

9.2 All information and advice written or oral, of whatever nature, made available by us to you is for your sole use and shall not, without prior written consent, be disclosed or made available to any third party (save to the extent that the information is in the public domain otherwise than by breach of this clause) unless otherwise required by the law, a court or arbitrator of competent jurisdiction.

9.3 The working papers prepared as part of the consultancy service are our property, constitute confidential information and shall be retained by us in accordance with our policies and procedures. However, you or your nominated representative may inspect those working papers at any time during our normal business hours at our normal place of business if you give us reasonable notice.

10 Liability

10.1 FR will perform the consultancy services with reasonable skill and care and acknowledges that it will be liable to you (up to the level of any fees received by FR in respect of providing the consultancy service to you) for direct losses, damages, costs or expenses (“losses”) caused by its negligence or wilful default, subject to the following limitations:

10.1.1 FR will not in any circumstances be liable to you for loss of profits, revenue or other types of economic loss; loss of business or contracts; loss of anticipated savings or goodwill; losses arising from loss of data; any losses which arise other than directly and naturally from a breach of contract, or other losses which a court holds to be consequential, special or indirect; any losses suffered by you arising from any claim against you by a third party for any of the aforementioned types of loss;

10.1.2 FR will not be so liable if such losses are due to the provision of false, misleading or incomplete information or documentation or due to any acts or omissions of any person other than FR; and

10.1.3 FR shall have no other liability of any nature, whether in contract, tort or otherwise, for any losses whatsoever and howsoever caused arising from or in any way connected with the provision of the consultancy service.

10.2 Nothing in these Terms of Business shall exclude, restrict any liability arising from fraud or dishonesty or other liabilities which cannot lawfully be limited or excluded.

10.3 In this clause 10 “FR” refers to Finance Reclaim Limited, and its respective directors, staff and agents, and in all cases any successors or assignees.

10.4 You agree that you have fully considered the provisions of this clause and all the other provisions of these Terms of Business and that they are reasonable in the light of all the factors relating to the consultancy services.

11 Consumer Protection (Distance Selling) Regulations 2000

11.1 If you are a consumer (i.e. a person not instructing us for the purpose of your business) and if your instructions have not been given to us at a face to face meeting, the above Regulations apply and we ask that you sign the Letter of Authority confirming that you accept and understand these Terms of Business and return it to us as quickly as possible. On receipt of this we will regard ourselves as acting on your behalf.

11.2 You have the right to cancel your instructions to us, without any cost to you, within 14 days of our receiving these written instructions. You would cancel the agreement by either delivering a note cancelling your instructions to our office or by sending it to FR by post, fax or e-mail (info@financereclaim.com)

12 Third Party Rights

12.1 A person who is not a party to this agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any terms of this agreement. FR may assign the benefit  of its agreement with you to any third party.

13 Commencement, variation and termination

13.1 Your continued instructions in connection with your claim will amount to an acceptance of these Terms of Business. However, it may not be possible for us to start or continue work on your behalf until your signed copy or copies of the Letter of Authority and Client Agreement are returned to our office.

13.2 These Terms of Business may be varied or superseded at any time, in writing, by us.

13.3 You may be requested to supply information or complete paperwork for the advisor. If we do not receive the requested documents within 28 days of the initial request we may assume you are terminating our services, without written notification and will pursue the fees if an offer of compensation is achieved without this information.

14 Invalidity

14.1 If any provision (whether in whole or in part) of these Terms of Business is held to be illegal, invalid or unenforceable under any enactment or rule of law, such provision or part shall be deemed not to form part of these Terms of Business, and the legality and enforcement of the remainder of these Terms of Business shall not be affected.

15 Money Laundering

Your claim is not regulated business by the Proceeds of Crime Act 2002 schedule 9 however we naturally wish to establish your identity and will seek your assistance to do so.

16 Whole agreement

16.1 These Terms of Business set out the entire agreement between you and FR. Neither party may rely on any agreement understanding or arrangement, which is not expressly set out in the Terms of Business. The Terms of Business shall not be amended, modified, varied or supplemented except as provided.

17 Applicable Law

17.1 These Terms of Business shall be governed by, and construed in accordance with, English Law.

17.2 The Courts of England shall have exclusive jurisdiction in relation to any claim, dispute or difference concerning these Terms of Business and any matter arising from them. Each party irrevocably waives any right it may have to object to an action being brought in those Courts, to claim that the action has been brought in an inconvenient forum, or to claim that those Courts do not have jurisdiction.

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