Email Us
info@allaboutclaims.co.uk
Call Us
020 3923 9251
For the purposes of these Terms & Conditions the following definitions will apply:
‘Award’ Refers to an award of compensation by the appropriate Regulated Party or the Financial Services Compensation Scheme
‘Claim’ Refers to your Claim for a mis-sold financial product
‘Claims Service’ Refers to the work we will undertake in relation to your Claim including, but not limited to, an initial assessment, initiating a Subject Access Request and subsequently investigating, preparing, submitting and handling your Claim
‘Offer’ Refers to the Offer of compensation made by the appropriate Regulated Party or the Financial Services Compensation Scheme
‘Successful Claim’ Refers to a Claim which has resulted in an Offer or Award that we consider to be reasonable or, where this is not the case, you have chosen to accept.
‘Unsuccessful Claim’ Refers to a Claim which has been rejected and has not resulted in an Offer or Award.
Our responsibilities and the limits of our Claims Service
If you choose to instruct us, you do so solely in relation to your Claim for the mis-selling of a financial product (including the investments therein from the company(s) or individuals responsible for the selling of, advising on, or assessment of the appropriateness of the product).
We will collect information from you about the potential Claim and will review the information to ascertain the basis and merits of the potential Claim. Typical items we may ask you to provide are invoices and statements regarding the financial transaction concerned, together with copies of any correspondence between yourself and the company or individual about whom the claim may be made. If we believe, based on our initial enquiries, that there could be reasonable grounds to pursue a Claim, we will issue the necessary paperwork for you to sign and return to us together with proof of your identity, proof of your address, and any other supporting paperwork we believe we may need. Upon receipt of your signed paperwork, we will make a Subject Access Request on your behalf to obtain your file from either the IFA, the pension provider, stockbroker or other regulated party (collectively called the “Regulated Party(ies)”). When your file is received, and where it appears there is a valid case for a Claim, we will commence Claim proceedings against the Regulated Party concerned. Where appropriate, we will also pursue the Claim through the Financial Ombudsman Service (‘FOS’) and/or the Financial Services Compensation Scheme (‘the FSCS’).
We will enter into all correspondence and negotiations on your behalf with the appropriate Regulated Party/Parties, the Financial Services Compensation Scheme and/or Financial Ombudsman Service throughout the Claim process. If additional information is requested which we do not already hold, we will request it from you accordingly.
We will keep you updated regarding the progress of your Claim by contacting you each time there is any development on your case. We will also provide you with monthly updates using your preferred method of communication.
We will inform you immediately if we receive an Offer. We will also review it and provide advice as to whether, in our professional opinion, the Offer is reasonable in the circumstances. Your agreement will be sought before accepting the Offer. (You should note that if you receive an Award and do not advise the issuer that you are rejecting it as soon as practicable after receipt, it is likely that you will be deemed to have accepted that amount in full and final settlement. In those circumstances, under this Agreement, you are obligated to settle our fees based on such amount).
We will not provide you with any financial advice as part of our services to you.
We will not act where you have previously instructed another party to deal with the Claim and you have not withdrawn your instruction to that party, nor will we act where we do not feel there is a reasonable chance of achieving a Successful Claim. If this is the case, we will inform you as quicky as possible.
Your responsibilities
You must:
Acceptance of Instructions to Act
A signed Agreement is deemed to be your instruction to All About Claims Ltd to commence our Claims Service on your behalf.
We can decide whether or not to accept instructions from a client. If we refuse instructions we do not have to give a reason, however we will never refuse instructions for any improper or unlawfully discriminatory reason.
All About Claims Ltd is committed to promoting equality and diversity in all of its dealings with clients, third parties and employees. Please contact us if you would like a copy of our Equality and Diversity Policy.
Our fees
We operate on a No-Win-No-Fee basis. If your Claim is successful we will charge you a percentage of the gross amount of any Award made, as shown in the table below.
| Band | Redress obtained | Maximum % rate of charge | Max total fee | ||
| Lower (£) | Upper (£) | ||||
| 1 | £1 | £1,499 | 30% | £420 | |
| 2 | £1, 500 | £9,999 | 28% | £2,500 | |
| 3 | £10,000 | £24,999 | 25% | £5,000 | |
| 4 | £25,000 | £49,999 | 20% | £7,500 | |
| 5 | £50,000 | NA | 15% | £10,000 |
For example:
A £1,000 Award would come under Band 1 and would be £300 *
A £3,000 Award would come under Band 2 and would be £840 *
A £12,000 Award would come under Band 3 and would be £3,000 *
A £30,000 Award would come under Band 4 and would be £6,000 *
A £100,000 Award would come under Band 5 and would be £10,000 *
* These are just examples of how our fee is calculated – they should not be taken as an estimate of what you may be awarded and are not based on the particular details of your Claim. The amount you may be awarded and the fee you will pay may be more or less than these examples.
You must pay our fee within 14 days of either:
If our fee is not paid within this time, we reserve the right to commence legal proceedings to recover the fee.
If we are processing more than one Claim for you, the fee described above is payable for each Claim.
For pension related Claims there is a chance that any Award due may not be paid directly to you, for example the Award may be credited directly to your pension instead. Likewise, Awards may sometimes be made in an alternative form such as a reduction in an outstanding finance balance or arrears.
You should consider how you would pay our fee in the circumstances shown in 2 & 3 above; if payment of our fee within 14 days would cause you financial difficulty in such cases, you can contact us so that we can arrange a payment plan with you.
Third-Party Referrals
Where we receive a referral from a third-party, we will pay the third-party a commission upon completion of any Successful Claims which they have referred to us. Details of the commission relating to your own particular case will be provided upon request.
The third-party commission payment is deducted from the fee which we receive from you, meaning that we share a portion of our fee with the third-party. There is no extra charge to you in relation to these commission payments.
What happens if you win?
We will notify you of the outcome of your Claim as soon as we receive it.
If you win (which means an agreement is reached that money be paid to you by anyone, whether an Award or Offer), our fee will become payable.
For the avoidance of doubt, if you reject a reasonable Offer our fee will be payable within 7 days, based on the amount offered.
Awards will be received into the company’s client bank account, and the amount due to you after deduction of our own and any third-party fees will be paid to you no later than 2 business days after receipt.
If your opponent fails to pay any damages owed to you, we have the right to take recovery action in your name to enforce a judgment, order or agreement, including the right to apply to the Secretary of State. The costs of this action are payable by you to us in addition to our standard fee shown earlier.
For pension related Claims there is a small chance that any Award due may not be paid directly to you. This may be because the Company might credit the amount of the Award to your pension. Our fee would therefore become due before you have access to your Award. If this is the case you understand that you would be required to pay our fee out of your own funds, based on the gross amount awarded.
If you have any outstanding liabilities with the company about whom your Claim is being made, those liabilities may be deducted from the award. Our fee, as described earlier, will be calculated on the gross amount prior to such deductions, and will be payable from your own funds within 7 days.
If you are or have been affected by financial arrangement such as bankruptcy, a debt relief order, an individual voluntary arrangement or any similar such process or arrangement, any Award made may, in certain circumstances, be offset against your outstanding debts. If this is the case you understand that you would be required to pay our fee from funds which are not subject to those arrangements. Our fee in such instances will be based upon the gross amount awarded prior to such deductions.
We have the right to preserve a lien over any property of yours in our possession until any money owed to us under this Agreement is paid in full. This means we can keep your papers until you pay us in full.
What happens if you lose?
If your claim is unsuccessful, you will pay us nothing.
Cancellation Rights
You can cancel this Agreement without any cost or liability within the 14-day cooling-off period, which begins on the day we receive your signed Agreement. You may cancel the Agreement either in writing, by telephone or by email.
You can cancel your Agreement after the 14-day cooling-off period, however you will then be liable to pay us the fees shown below, depending at which stage you cancel the Agreement:
We can end the Agreement if you breach your responsibilities as listed earlier. You are then liable to pay us the costs we have incurred up to the date the Agreement ends, calculated at a rate of £60 per hour. Such costs will be due and payable within 7 days of us ending the Agreement.
We can end the Agreement if we believe you are unlikely to win and you disagree with us. You do not have to pay us anything in this instance.
We can end the Agreement if you reject our opinion about making a settlement with your opponent. You are then liable to pay our costs incurred up to the date the Agreement ends, calculated at a rate of £60 per hour. These costs will be due and payable within 7 days of such incident.
Direct Claims
You can pursue a Claim yourself without using a Claims management company and without cost, however you would then be responsible for all communications and negotiations with the relevant firm(s). You would first need to complain directly to the financial institution who provided the service/product in question, and if this is unsuccessful you can refer the matter to the Financial Ombudsman Service. Certain Claims may fall under the scope of the Financial Services Compensation Scheme which you can access directly.
Responsibility for the Work
The person with ultimate responsibility for our Claims Service is Mark Young. Whilst your case may be dealt with on a daily basis by a different member of staff, it will be overseen by Mark to ensure the highest standards.
Your Personal Information
We take the privacy of your personal information seriously and will only use your information as outlined in our Privacy Policy, a copy of which is enclosed.
Call Recording
All inbound and outbound telephone calls will be recorded and retained for at least 12 months. This is for two reasons: (i) it helps us to have a record of the information which we give to you and which you give to us over the telephone, and (ii) we can use our call recordings to monitor the level of service being provided to our clients, which assists us in developing our service.
Rights
Any advice that we give is for your benefit, as our client. Third parties may not use or rely on our advice.
Copyright
We retain copyright to the documents that we provide to you or a third-party on your behalf. You can use the documents solely for the matter you have asked us to deal with and not for any other purpose.
Law and Jurisdiction
Our agreement with you to provide a Claims Service as specified in your Agreement and these Terms & Conditions is governed by and construed in accordance with English law.
Our Complaints Procedure
As part of our commitment to customer satisfaction, All About Claims Ltd has a complaints policy. Please let us know as soon as possible if you have any problems or would like a copy of our complaints policy. Please do not store up any complaints – raise them with us straight away.
If you have a complaint about the service you receive from us, you should initially raise this with the person responsible for your case. If you are dissatisfied with how your complaint is dealt with, you should call us on 020 3923 9251, email us at info@allaboutclaims.co.uk or write to us at All About Claims Ltd, The Hollies, 7 Hood Lane, Armitage, Staffordshire WS15 4BW.
If you are dissatisfied with our response you may refer your complaint to the Financial Ombudsman Service, but you must do this within 6 months of the date of our Final Response letter. The Financial Ombudsman Service’s contact details will be provided to you within our Final Response Letter. They can also be found online at www.financial-ombudsman.org.uk.
