A. These are the Terms on which TRS agrees to provide the Claims Services and You agree both to be bound by them and to acknowledge them once we have received Your Instructions to proceed with Your Claim(s).
B. That You are aware that You could complain directly to the Company at no cost, with the ability to take matters further with the FOS, FSCS, or Court.
C. Once Your Instructions have been received TRS has the right to deal exclusively with the Claim(s), unless otherwise agreed in writing by You and TRS.
D. You understand that by completing one Lender Questionnaire and one Letter of Authority, that the Company may investigate all accounts where PPI has been applied, under the Instruction provided and that any successful Claim(s) will be subject to a Fee(s), as set out in clause 4.
E. You will ensure that any information provided is accurate and true to the best of Your knowledge.
F. Where we believe that a mortgage/pension/PPI policy may have been mis-sold to You or is a Plevin Eligible Claim(s), we will submit a detailed Claim to the Company and/or the FOS or FSCS upon Your Instruction(s).
G. You will deal promptly with requests by TRS for authority, information, documents or further requests that TRS might make.
H. You will inform TRS promptly of any relevant matters affecting the Claim(s), such as direct contact from the Company.
I. TRS will use reasonable endeavours to obtain Compensation for the Claim(s) pursued.
J. TRS will promptly notify You if TRS decides not to pursue Your Claim(s) and cancel this Agreement under clause 5.
K. TRS will promptly notify You of the outcome of the Claim(s).
L. If the Claim(s) is successful for Compensation for a PPI policy, the policy will be cancelled and You are responsible for identifying a replacement policy if appropriate.
M. Your Compensation may be applied as part of Your bankruptcy estate, insolvency asset, or other debt arrangement and Your Compensation may not be paid directly to You.
N. Where interest is included as part of the Compensation it may be taxable depending on Your personal tax status and You understand that You are required to disclose this payment to HMRC.
O. TRS will not be liable to You whether in contract or tort for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by You and by us, such as loss of profits or loss of opportunity.
P. You will not be liable for any Fee(s) or charges if the Claim(s) is pursued and the Company pays no Compensation except where this Agreement is cancelled in accordance with clause 5, in which case a cancellation charge may be payable.
Q. TRS reserve the right to assign this Agreement and all rights under it and to subcontract to others all or any of our obligations under it. This agreement is personal to You and is not assignable by You except to Your personal representatives.
R. TRS's total liability to You in respect of all other losses arising under or in connection with this Agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the amount of any Compensation to which You are entitled for the Claim(s) in connection to which TRS is liable unless those losses were foreseeable by both parties when the Agreement was signed.
S. Nothing in this Agreement shall limit or exclude TRS's liability for:
i. death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
ii. fraud or fraudulent misrepresentation; or
iii. breach of the terms implied by sections 49 to 52 of the Consumer Rights Act 2015.