Terms of Business
Your Claim(s) for the Mis-selling of Mortgages & Insurance
This Terms of Business Letter details our relationship with you, what you can expect from us and what we require of you, throughout the course of your claim(s)
1. Refresh My Credit (RMC) will abide by the Ministry of Justice's general principles, namely:-
a) We will always act in your best interests when pursuing your claim and achieving for you the best result that is realistically obtainable.
b) Ensure that all information given to the client is clear, transparent, fair and not misleading.
c) Avoid Conflicts of Interest
d) Where advice is given, advise the client to pursue cases only if it is in the interests of the client to do so.
e) Preserve the confidentiality of the claimant unless disclosure is required or permitted by law or by the claimant.
f) Refresh My Credit (RMC) will abide by the Data Protection Act 1998 and any subsequent re-enactments.
2. Services - Pursuant to the Minisry of Justice Client Specific Rules with the conduct of Approved Person Rules "COAPR 11(a) RMC wish to inform you the services it will provide.
a) The assistance we give you will relate to the mis-selling of Mortgages and/or Insurances only.
b) We are not obliged to consider any issue or make any compliant or type of compliant, but if we commence a compliant about any matter for you, we will prepare it, deal with the Firm and, if they do not pay straight away, we will, if we believe it is appropriate, refer the case to the Financial Ombudsman Service (FOS) of Financial Services Compensation Scheme (FSCS).
c) We may cease to deal with your case at any time if we believe the chances of success are not high enough, but if we do this before we have won, we will not be paid anything.
d) If the FOS/ FSCS finds against you, or we do not refer the case to them, you still have the legal right to go to court. Howerver we will not deal with this.
e) The FOS/ FSCS are available without charge should you choose to deal with your complaint personally.
3. Corresponsence- It is important that if you receive any correspondence from the lender/insurer (the Firm), or their representatives, you should inform us immediately and forward it to us unanswered, so that we may deal with this on your behalf. This is particularly important with any offers made to you - we will evaluate any offers and determine whether we should accept or reject them. It may prejudice your position if you have any dealings directly with the Firm.
4. Data Protection- RMC are Data controllers as defined by the Information Commissioner. RMC will need to obtain certain information related to you, your loan/mortgage and any associated insurance contract from you, your lender, insurer and where appropriate your broker or other supplier in order to assist RMC with the assessment and management of your claim. By giving RMC your information you authorise RMC to use if for their purposes, including disclosing it to third parties where it is necessary to progress your claim. RMC are bound by the relevant Data Protection legislation and Codes of Practice is determined by The Information Commissioner & Privacy Statement which is available on request.
5. Costs & Charges- RMC operates on a "No Win No Fee" basis, which means the following:
Upfront charges: We will not charge you anything
If we lose your claim: We will not charge you anything
If we discontinue your claim: We will not charge you anything
Our commitment to you: Only if we are successful and win compensation for you, will we charge you our Success Fee of 25% plus VAT (at current standard rate) of the compensation. For all successful claims, a minimum Success Fee of £25 will be charged. You authorise that we may deduct the Success Fee from the compensation and pay the balance of the compensation to you in 14 days of receipt of payment of your final claim to be settled.
Your commitment to us: If we win compensation for you, you agree to pay our Success Fee of 25% plus VAT (at current standard rate) of the compensation to RMC. If any compensation, or part thereof, is made to you directly, or the Firm credits the compensation directly to your loan account, credit card or other credit facility, you agree and contract to pay RMC our Success Fee within 14 days of the compensation. Compensation means a total of any sums offered by the Firm as a result of a claim including, but not limited to: gestures of goodwill; interest; reductions in borrowings; reductions in loan repayments; reductions in arrears; repayments of premiums and compensation.
6. Cancellation
- You have a right to cancel this agreement within a 14 day period from the date you sign this authority. After this cancellation period has expired, if you terminate your contract with the Partnership, this will be a breach of contract. In such an instance, RMC will reserve the right to charge, at a reasonable rate, for the time it has spent. RMC will not charge you anything, apart from the success fee, provided that you allow the RMC to proceed with the claim until it is won or lost or until RMC can no longer deal with it.
7. Liability- Attaining a successful outcome may require the cancellation of your insurance policy. RMC accepts no liability to you for any loss, including but not limited to financial loss; loss of insurance protection and/or loss of goodwill, howeverso caused, as a result of our handling of your claim(s).
8. Complaints- RMC are obliged to make you aware of the procedures to be followed in the event of a complaint. A copy of our Complaints handling procedure is available on request.
In the unlikely event you have reason to make a complaint please write in the first instance to:
The Complaints Department
Refresh My Credit
Unit 1 Gemini Business Centre,
136-140 Old Shoreham Road,
Hove,
East Sussex,
BN3 7BD