Our Contract

OUR CONTRACT 

Conditional Fee Agreement (‘CFA’)

This agreement is a binding legal contract between you and Total Redress Services Ltd. Before you sign, please read everything carefully. This agreement must be read in conjunction with the Terms & Conditions. 

We, Total Redress Services Ltd 

You, the Client 

By law you have a 14 day cooling off period to withdraw from the contract without any cost to you.

The company would also encourage you to seek legal advice before signing this contract and to ensure that you are aware of your rights to pursue alternative methods to allow you to progress your claim.

You should also be aware that you are not obliged to use the services of a Claims Management Company such as Total Redress Services Ltd to make a claim and that the complaint procedure of your lender and the services provided by the Financial Ombudsman Service (FOS) and the Financial Services Compensation Scheme (FSCS) are done so free of charge if you wish to complain in your own right.

1. The Services Provided

Total Redress Services Ltd (hereinafter “we/us/our”) will seek to obtain further information regarding any financial agreement entered into by you and we will investigate whether any prospective claim has sufficient grounds to justify a claim being made for Mis-Sold Mortgages, Mis-Sold Pensions, Self-invested Personal Pension Schemes (SIPP’s) or Mis-sold Financial Services on a “no win, no fee” contingency basis (subject to clause 4 and Schedule 2), and if so to seek redress for you.

2. The Procedure

i. Upon our receipt of the completed Questionnaire(s) we will forward a request for information to the Lender(s) and/or Broker(s), (if known) as required to obtain and collate relevant documentation.

ii. Upon receipt of this documentation we will seek to establish whether there is a viable claim.

iii. If we believe that there is a viable claim, then we will instigate a complaint on your behalf with the Lender/Broker(s) responsible for the alleged claim(s). The complainant(s) will be handled within the internal complaints procedure of the Lender/Broker(s) which is governed by the Dispute Resolution Rules as specified by the Financial Conduct Authority (FCA).

iv. We will pursue complaints through such procedures until a decision is received from the Lender/Broker(s) if we believe it to be worthwhile it will be referred to the FOS to act as an arbitrator in any dispute arising from the decision, where the jurisdiction applies.

v. If the Lender/Broker is no longer in business, we will instigate a complaint on your behalf with The Financial Services Compensation Scheme (FSCS).

vi. We may refer your case to one of our panel of solicitors, who will pay us a fee. If this is done, your agreement with us will end, and you will take out a new agreement with the firm of solicitors. We will inform you that we intend to do this, and also the details of who we will be referring your case to. You should be aware that if a solicitor recommends litigation, that there are risks associated with litigation, and that you may have to appear in court.

3. Regulatory Bodies

We are regulated by the Claims Management Regulator in respect of the regulated claims management activities. Our registration is recorded on the website www.claimsregulations.gov.uk – registration number CRM******.

You acknowledge that we are not authorised by the FCA and do not hold a UK Consumer Credit Licence issued by the office of Fair Trading. We cannot therefore, provide financial advice in respect of insurance products or credit advice to you.

4. Paying us if you win

If you win your claim, you pay our basic fees plus VAT. You are not entitled to seek recovery from the Respondent of part or all of our basic charges. The overall amount we will charge you is as set out in the Terms & Conditions.

5. What do I pay if I lose? 


If you lose, you have nothing to pay to Total Redress Services Limited. 

6. Authority for Us to take Enforcement Action in Your Name

We have the right to take recovery action in your name to enforce a judgment, order or agreement.

7. Basic Charges


Details of our basic charges are set out in Schedule 1 below..

8. Data Protection and Privacy


We collect the personal data that you volunteer whilst using our services. We may also collect information about you from other sources (such as your Lender/Broker) to allow us to handle your claim. We do not collect or use personal data for any purpose other than the administration of your claim.

We may pass your personal data to relevant third parties to enable us to progress your claim. Relevant third parties would include, but not be limited to, the FOS, the FSCS, our financiers/administrators, a solicitor or barrister, your Lender or Broker to whom the claim is made.

We respect the confidentiality of your personal data and will ensure that your personal data will not be disclosed to state institutions and authorities, except if required by law. We will never pass your personal data to a third party for the purposes of unsolicited third party marketing calls.

9. Variation


This Conditional Fee Agreement may not be varied without the written consent of you and ourselves.

10. VAT


We add VAT, at the rate that applies when the work is done, to the total of the basic charges and success fee. Our VAT Registration Number is 276 9730 53.

11. Concerns about our Service


We operate an internal complaints procedure for the resolution of complaints regarding our services. In the event that you have a complaint about the service which we provide please write to the Complaints Department, Total Redress Services Ltd, 4a Crescent East, Thornton Cleveleys, Lancashire, FY5 3LJ.

Alternatively you register your complaint via e-mail, in person at our office or by telephone. We will endeavour to acknowledge your complaint the same day and to advise you on how we plan to resolve your complaint at the earliest opportunity. A copy of our complaints procedure for claims management services is available on request.


Signatures


Signed by Total Redress Services Ltd:


 ……………………………………………..

Signed by the client:


 ……………………………………………..


Dated:............................................... 

Note: We are not bound to act on a conditional fee basis until both you and we have signed this agreement. 


Schedule 1

Basic charges 


These are for work done from now until this agreement ends. These are subject to review. 

How we calculate our fees 


No fees will be charged to you in respect of an unsuccessful claim (with the exception of any administration items which may become payable under clause 9). Where a claim is successful, we will charge a contingency fee representing 25% (plus VAT at the prevailing rate) of the redress/compensation recovered on your behalf. A successful claim is defined as whenever you obtain redress as a result of a claim where we have had some input.

If we are successful in obtaining Compensation then You owe us 25% plus VAT, total 30%, of the Compensation. This means, for example: if we succeed in obtaining Compensation of £1,000, the Fee(s) would be £300.00. You would receive £700.00. If TRS succeeds in obtaining Compensation of £15,000, the Fee(s) would be £4,500. You would receive £10,500. If Compensation of £1,000 is received but £500 is used by the Company to reduce Your outstanding balance the Fee(s) would be £300, therefore You would receive £200 (£500 less our Fee(s) of £300). VAT is charged at the prevailing statutory rate

IMPORTANT: Should you receive and accept an offer for the balance of a credit agreement to be written off, or for redress/compensation to be offset against arrears the fee will be calculated at 25% of the write-off, or that amount offset against arrears in addition to 25% of any cash settlement received. All plus VAT at the prevailing rate. By signing this agreement you accept that we will be entitled to our full fee in such circumstances even though your ability to pay may be reduced. You should not enter into this agreement if payment of fees in such circumstances will cause you a problem.

Schedule 2

Termination

1. During The Cooling-Off Period


You have the right to cancel this contract without consequence or charge by delivering, sending (including electronic mail) a cancellation notice to the person mentioned below with 14 days starting with the day of receipt of this Notice. 

2. After The Cooling Off Period


You may terminate the agreement with us in writing at any time after the 14 day “cooling off” period has expired we reserve the right to charge an administrative fee to reflect the work undertaken in setting up the claim. Such a charge will have a minimum level of £50 plus VAT at the then prevailing rate. Where the claim process is substantially completed a proportion of the full fee may be charged by us. Other costs may be payable.

Termination after the claim has been upheld: Once a claim has been upheld we are deemed to have been successful in line with the contingency fee agreement. Termination of this agreement following such success will still incur the full fee as outlined in clause 4 of this agreement.
We may terminate the agreement with you in writing at any time.

Without Charge:             


If we believe that your claim is not viable.

Subject to fee:      


If there has been a material breach of your responsibilities within this agreement and you fail to correct that breach within 14 days. We will charge you the value of work done at £35 per hour.

The person to whom a cancellation notice may be given is “The Claims Manager”.
 
Notice of cancellation is deemed to be served as soon as it is posted or sent to us. 

You can use the cancellation form provided below if you wish. 



If you wish to cancel the contract, you must do so in writing and deliver personally or send (which may be by electronic mail) this to the person named below. You may use this form if you want to but you do not have to. 









(Complete, detach and return this form ONLY IF YOU WISH TO CANCEL THE CONTRACT) 

To: 
at 

Case Reference No: 

I hereby give notice that I wish to cancel my Conditional Fee Agreement with your firm. 

Signed: ………………………………………… 

Name (please print): ……………………………………………

Address: ………………………………………………………………………………..


Date: …………………………………………



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