Update on motor finance claims
The FCA is proposing to extend the current pause on the time firms have to respond to motor finance complaints…
The FCA is proposing to extend the current pause on the time firms have to respond to motor finance complaints…
In March of 2019, an investigation carried out by the Financial Conduct Authority (FCA) brought to light concerning evidence of…
Have you ever wondered about the recent surge in people driving more luxurious cars over the past few years? Or…
Motorists who have purchased vehicles using a specific type of car finance arrangement from dealerships may have unwittingly become entangled…
PCP Check is a trading style of Reclaims4U Ltd.
This privacy policy sets out how Reclaims4U Ltd, collects, uses and protects your information when you use this website or our services, in accordance with the Data Protection Act 2018 and the UK General Data Protection Regulation (UK GDPR).
Reclaims4U Ltd is the controller and is responsible for your personal data. We are committed to ensuring that your privacy is protected. By using our website and/or our services, you may be providing us with some of your personal information and we want to make sure that we do not use your data in a way that you would not expect. Reclaims4U Ltd assure you that your personal information will only be used in accordance with this privacy policy and in compliance with the latest privacy regulations.
Reclaims4U Ltd may change this policy in future by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 22/11/2024.
Personal information is any information about an individual from which that person can be identified. It does not include data which has been anonymised.
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:
This list may not include all the information we require when providing our service/s. The information we ask you for will relate to your specific enquiry and will only consist of the information we need to carry out our service. If you contact us other than via our website, we will keep a record of that correspondence and a copy of call recordings.
The legal grounds for processing your personal information depend upon the nature of our relationship with you and the context of processing and are as follows:
We collect/store or use your information to…
Purpose | Legal basis |
provide the service you have requested | Contract |
send to our partner claims management companies, solicitors or law firms | Consent |
send to our service provider/contractor partners | Contract and/or Legitimate Interests |
send you information or marketing about our products and services | Legitimate Interests and/or Consent |
contact you where you fail to fully complete our online form | Legitimate Interests and/or Contract |
provide annual statistics to our regulator | Legal Obligation |
resolve complaints against us or the establishment, exercise, or defence of legal claims | Legitimate Interests and/or Legal Obligation |
gather feedback to enable us to improve our website, products and services | Legitimate Interests |
verify your identity where we receive requests to access or change the information we hold about you | Legal Obligation |
maintain our accounts and records | Legal Obligation |
comply with legal and regulatory obligations | Legal Obligation |
research and analyse trends to better understand how users are using our website and services in order to improve them | Legitimate Interests |
inform you about changes in our services and important service related notices, such as security and fraud issues | Legal Obligation |
maintaining insurance coverage, managing risks, or obtaining professional advice | Legitimate Interests and/or Legal Obligation |
We may disclose your data to one or more of our selected third-party claims management companies, solicitors, or law firms, upon your consent to do so, for the purpose of enabling them to contact you so that they can offer, market and provide relevant services to you. Each such third party will act as a data controller in relation to the data that we supply to it; and upon contacting you, each such third party will supply to you a copy of its own privacy policy, which will govern that third party’s use of your personal data.
We may disclose your personal data to insurers, compliance consultants and/or professional advisers in so far as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice, or the establishment, exercise, or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
We may disclose personal data to our suppliers or subcontractors, such as external printers, IT service providers, credit information firms, admin companies, call centres, compliance consultants and legal advisers.
We may disclose personal data to our partner credit information firm Valid8 IP Ltd for the purposes of obtaining your credit file and you can view their privacy policy here
Any external processors, who process your data on our behalf, are subject to a data processing agreement to ensure the safety and protection of your data. None of our processors are allowed to use your data for any other purposes than instructed by us.
In addition to the specific disclosures of personal data set out in this Section, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or to protect your vital interests or the vital interests of another natural person.
We may also disclose your personal data where such disclosure is necessary for the establishment, exercise, or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
To assist us to provide our services to you we may use data processors that are outside of the European Economic Area (EEA). Robust and comprehensive due diligence is completed before we use any data processors outside the EEA. Where the country, territory, sector or international organisation that the transfer of personal data is being made has not got an EU Commission ‘adequacy decision’, the restricted transfer will only be made where there is an appropriate safeguard in place which will ensure that your rights and freedoms in respect of your personal data are protected. Please contact us if you need any further details about how we transfer personal data outside of the EEA and what safeguards are in place.
You are provided with choices regarding marketing, and we record your preferences in relation to this and how we communicate with you.
We may rely on consent when we use your personal information for direct marketing. This will be where you have specifically consented to us or a third party that you are happy to receive marketing contact from us.
We may also rely on legitimate interests for our direct marketing. Our legitimate interests are to inform individuals about products or services which may be of interest to them. Our legitimate interest may also be our commercial interests in operating our business, which includes acquiring new customers, providing additional services to existing or previous customers that are similar or aligned with previous products or services and, expanding our operations.
You may also receive marketing communications from us if you have previously enquired about or purchased similar services from us and, in each case, you have not opted-out of receiving that marketing. This is known as a ‘soft opt-in’.
Such marketing communications may be in relation to claims management, financial advice and legal services which could be done by post, email, SMS or telephone.
To opt out of receiving future marketing under any lawful basis, or under soft opt in, in which we intend to rely on for direct marketing, please opt-out using the contact details provided in this privacy policy.
If you require any further information about the lawful basis, we have relied on to send direct marketing to you, please do not hesitate to contact us.
A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. As you interact with our website, we may collect Technical Data and Usage Data about your equipment, browsing actions and patterns. We collect this personal data by using Third-Party cookies, specifically Google Analytics. You can view Google’s privacy policy here: www.google.com/policies/privacy.
Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site.
You will be asked to provide your consent for us to use cookies upon your first visit to our website.
You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. Also, to opt out of being tracked via Google Analytics, you can use Google’s opt-out browser add-on: https://tools.google.com/dlpage/gaoptout
If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly.
We retain your information for as long as is necessary for the purpose for which it was originally obtained.
We have some legal and regulatory obligations to hold certain pieces of information for specific timeframes for example, we are required to keep a copy of telephone call recordings for a period of 12 months after our last contact with you.
Where we have provided a service to you, we will hold all information relevant to this for 6 years to enable us to defend any claims/complaints made about our service. Information relating to any complaints will be held for a further 3 years.
We also need to keep some of your information for our accounting and reporting requirements.
Your contact details will be held for the purposes of direct marketing for a 6 years, this is to enable us to let you know about new products or services that may be of interest to you as detailed above.
You have the following rights in accordance with the UK GDPR and the DPA:
You may request that we to provide you with any personal information we hold about you. Where you send us a request to access your data, this will usually be free of change and sent to you within one month (unless your request is complex). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
We may need to request specific information from you to help us confirm your identity before we are able to process your request.
We may withhold personal information that you request to the extent permitted by law.
You may instruct us at any time not to process your personal information for marketing purposes.
We may use automated decision making in our claims process and/or profiling in order to send you targeted marketing.
You have the right to access details of the information we used to create your profile and the right to object to profiling, including profiling for marketing purposes.
You have the right to request human intervention or challenge an automated decision.
We do not use automated decision making which would produce legal or significant effects on individuals.
If at any point you wish to raise a complaint regarding our data handling then you have the right to complain to the Information Commissioner’s Office (ICO) the supervisory authority for data protection issues in the UK whose information is available at www.ico.org.uk. However, we would appreciate to opportunity to deal with any concerns directly with you in the first instance.
Reclaims4U Ltd recognise the personal nature of the information we collect, process and store. As we are committed to ensuring that your information is secure, we have put in place suitable physical, electronic and managerial procedures to prevent loss, unauthorised access, misuse or disclosure and to make sure that your information is safe and secure. If password access is required for certain parts of our website/application, you are responsible for keeping this password confidential.
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which may be collected or you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
You may not transfer any of your rights under this privacy policy to any other person. We may transfer our rights under this privacy policy where we reasonably believe your rights will not be affected.
If any court or competent authority finds that any provision of this privacy policy (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this privacy policy will not be affected. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
If you have any queries relating to our privacy policy or the personal data we hold about you, wish to opt out of marketing or you wish to invoke any of your legal rights, you can contact us by:
Emailing:
[email protected]
Telephone:
0161 528 1777
Write to us at:
Reclaims4U Ltd,
2nd Floor, Universal Square,
Devonshire Street North,
Ardwick, Manchester,
M12 6JH
Reclaims 4 U Ltd is authorised and regulated by the Financial Conduct Authority with reference number 830181. You should be aware of time limits attached to your claim such as when you may run out of time to bring a claim (known as the ‘limitation period’). You can also find answers to some frequently asked questions about our claim process in our summary document. These Terms and Conditions form the legal agreement between us.
What will Reclaims 4U Ltd do for you?
We will assist you in identification of claims, preparation of required paperwork and representation in making a claim. We will work on your behalf to present a strong and detailed claim to the bank/finance provider/financial advisor. We will provide you with advice in regard to making the claim, any offer of compensation you receive and if your claim is rejected, advice on the next steps and whether your claim can be escalated. If necessary, we will escalate your case to The Financial Ombudsman Service (FOS) or the Financial Services Compensation Scheme (FSCS).
What might you need to do?
You will need to speak with us so that we can establish the basis and merits of your claim. You will also need to provide us with any documentation which relates to your claim that you possess. Such documentation might include (but not limited to); suitability reports, finance agreements, product documentation and bank statements. We may also need proof of identity documentation from you. You will need to sign paperwork which is required for your claim in a timely manner.
How will we keep you updated?
We will manage the entirety of your claim and keep you updated along the way. We will update you within 10 working days when there are any material developments on your case or when we receive any information which is for your attention. Where there are no material developments, we will update you at least every 6 months in writing.
How much will it cost?
If Your Claim is rejected by the Third Party, there will be no Fee. This is a No Win No Fee agreement.
If your claim is successful, the total fee is a percentage of your gross redress or the maximum amount listed in column (2) below, whichever is lower.
1. Redress amount | 2. Your Fee (+VAT) | 3. Example Redress | 4. Example Fee (inc VAT) |
£1 – £1,499 | 30% up to a max of £420 | £750 | £270 |
£1,500 – £9,999 | 28% up to a max of £2,500 | £3,000 | £1,008 |
£10,000 – £24,999 | 25% up to a max of £5,000 | £15,000 | £4,500 |
£25,000 – £49,999 | 20% up to a max of £7,500 | £30,000 | £7,200 |
£50,000 + | 15% up to a max of £10,000 | £85,000 | £12,000 |
The examples shown in columns (3) and (4) above are for illustration purposes only and are not to be taken as an estimate of the likely amounts to be recovered. The amount you receive may be more or less than these examples.
Our fee is payable on the entire amount recovered as a result of our work, even if you don’t personally receive the full amount (perhaps because you owe money to the third party who the claim is against).
Can I change my mind?
You can cancel for free within 14 days from when you sign our Terms and Conditions. If you cancel after the 14-day cooling off period, a termination fee will apply, based on our hourly rate of £120+VAT per hour, dependent on the amount of work we have completed.
Stage of Claim | Max hours | Max Fee + VAT |
When We have submitted a SAR or other preliminary checks for You. | 2 | £288 |
When We have completed a preliminary review of Your case | 4 | £576 |
When We are carrying out (or completed) the preparation and administration of Your case | 8 | £864 |
When We are carrying out (or completed) the full investigation of your case and drafted your Claim report | 10 | £1,440 |
When We are carrying out (or completed) Your submission to the Third Party | 12 | £1,728 |
After We have submitted Your case (before any offer of Redress is made) | 16 | £2,304 |
What other options are available to pursue my claim?
You can pursue the claim yourself without using a CMC and without cost. You will first need to complain directly to the provider and if this is unsuccessful, you can complain through the Financial Ombudsman Service. Certain claims may fall under the scope of the Financial Services Compensation Scheme, which you can access directly. You may be entitled to legal advice, assistance and representation through your membership of a trade union or under a contract of insurance, therefore you may wish to investigate whether you are able to pursue this claim through these methods.
‘Claim/Claims’ means Your claim or claims against the Third Party relating to the mis-selling of a Financial Product or a breach of legislation relating to a Financial Product.
‘Data Protection Legislation’ means the Data Protection Act 2018 (DPA) and the General Data Protection Regulation 2016 (GDPR).
‘Fee/s’ means the charges payable by You as set out in these terms.
‘Financial Products’ means a packaged bank account, personal contract plan, car finance, payday loans, undisclosed commission on a financial product and/or breaches of the Consumer Credit Act 2006.
‘Gross Amount’ means the total amount of Redress offered before any tax is deducted, before our Fee is deducted or before any Redress is offset against debt or arrears.
‘Letter of Authority’ means the signed Letter of Authority which you provide to Us in respect of a Claim.
‘Personal Data’ means any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier such as name, identification number, location data or an online identifier.
‘Redress’ means any sums paid, offered or awarded in respect of any Claim as a result of Our efforts. This includes benefits, redress, gestures of goodwill, ex gratia payments, refunds, discounts, any reduction in the loan outstanding or outstanding liabilities and/or any interest or capital recovered. Where such an offer is increased on appeal during the term of this agreement, then the higher amount shall be used in order to calculate the amount of the Redress.
‘Services’ means the work which We will undertake on your behalf in respect of your Claim set out in Clause 1.
‘Third Party’ means the financial institution and/or persons to whom the Letter of Authority in relation to a Claim is addressed such as a bank or financial adviser or any other entity which sold the Financial Product or Service or gave the advice to You. ‘Third Party’ also includes the Financial Ombudsman Service (FOS) and the Financial Services Compensation Scheme (FSCS).
‘Us’, ‘We’ and ‘Our’ means Reclaims 4 U Ltd.
‘You’ and ‘Your’ means the client(s) whose details are recorded on the Letter of Authority.
Clause 1 – What we will do for you:
1. We will review Your Claim and ask you a series of questions to enable Us to ascertain the basis and merits of your claim.
2. We will assess the likelihood of Your Claim being successful and provide Our advice on this.
3. If after We have reviewed Your Claim, We reasonably believe that it is unlikely to be successful or it is not in Your best interests to pursue a Claim We may decline to act for You.
4. If We accept Your Claim, We will confirm this to You and prepare a Letter of Claim, following which we will submit Your Claim to the relevant Third Party.
5. We will liaise with the Third Party and use reasonable endeavours to pursue Your Claim.
6. We will notify You promptly of any requests for additional information or documentation that the Third Party needs to investigate Your Claim.
7. We will update You within 10 working days when there are any material developments on Your case or when We receive any information which is for Your attention. Where there are no material developments, We will update You at least every 6 months in writing.
8. We will notify You in writing of any offers of Compensation made by the Third Party and provide Our advice regarding whether the offer You have received is in line with the rules of the Financial Conduct Authority or the principles used by the FOS, FSCS.
9. Where necessary and appropriate, We will seek Your instructions and agreement to refer Your Claim to the FOS or the FSCS.
Clause 2 – What you will need to do:
1. You must appoint us as Your exclusive agent to handle this Claim. This means that You cannot appoint another person, including Yourself, or firm to act on Your behalf in respect of this Claim, unless You terminate this agreement with Us in accordance with Clause 4.
2. Provide Us with information which is truthful and accurate, to the best of Your knowledge and belief.
Such information may relate to Your financial circumstances, employment details, vehicle details, recollections of the sale of the product and where necessary, health information.
3. Provide copies of all documentation that are in Your possession and which relate to the Claim in a timely manner. Documentation which may be required are; suitability reports, finance agreements, bank statements, product documentation, proof of identity and residential documentation. This is not an exhaustive list.
4.Co-operate with Us at all times.
5.Respond promptly to requests by Us for further information, or documents and/or questionnaires that may be needed to progress Your Claim.
6.Notify Us promptly of any offer, rejection or other information or communication (including telephone calls) made by the Third Party.
7.Notify Us promptly upon becoming aware of any changes in Your circumstances or of any documents not provided to Us which could affect the Claim. This includes, but is not limited to, any arrears, the issue of a default notice, a petition for a County Court Judgement or bankruptcy claim. In these circumstances, We reserve the right to terminate the agreement in accordance with Clause 5.
8.Pay our Fee due as a result of a successful Claim.
Clause 3 – Our Fees
1. If Your Claim is rejected by the Third Party, there will be no Fee. This is a No Win No Fee agreement.
2. If your claim is successful, the total Fee is a percentage of your Gross Redress or the maximum amount listed in column (2), whichever is lower.
1. Redress amount | 2. Your Fee (+VAT) | 3. Example Redress | 4. Example Fee (inc VAT) |
£1 – £1,499 | 30% up to a max of £420 | £750 | £270 |
£1,500 – £9,999 | 28% up to a max of £2,500 | £3,000 | £1,008 |
£10,000 – £24,999 | 25% up to a max of £5,000 | £15,000 | £4,500 |
£25,000 – £49,999 | 20% up to a max of £7,500 | £30,000 | £7,200 |
£50,000 + | 15% up to a max of £10,000 | £85,000 | £12,000 |
The examples shown in columns (3) and (4) above are for illustration purposes only and are not to be taken as an estimate of the likely amounts to be recovered. The amount You receive may be more or less than these examples.
3. If you have arrears or outstanding liabilities on your finance then the Third Party may use the Redress to pay those before making any payment to You. In this case You will still be required to pay Our Fees.
4. In the event that you are or have previously been subject to a Trust Deed or IVA or a Bankruptcy or Sequestration you should be aware that the compensation received may be used to pay your creditors. Our Fees may be met by the Account in Bankruptcy or your appointed Insolvency Practitioner however, in the case that they are not, You will still be required to pay Our Fees.
5. If the Third Party makes payment of the Redress directly to You, You must notify Us promptly and We will send You an invoice for Our Fee.
6. This must be paid within 14 days of receipt of either the Redress or our invoice (where the Redress is not paid directly to You).
7. Non payment of Our Fee could result in debt recovery action, court action, a CCJ or similar, which will negatively affect Your credit file.
8. We reserve the right to charge You for any reasonable costs incurred in seeking to recover Our Fee from You.
9. We reserve the right to charge the full Fee on the basis of the offer of Redress being made if:
(a) You reject an offer of Redress that is calculated in accordance with rules of the Financial Conduct Authority or the principles used by the FOS, FSCS; or
(b) You reject any other reasonable offer of Redress which We recommend (acting reasonably) should be accepted by You.
Clause 4 – If you wish to terminate this agreement
1. You have the right to cancel this contract within 14 days without giving any reason. This cooling off period will expire after 14 days from the day You sign and return this agreement.
2. To exercise Your right to cancel, You must inform us of your decision to cancel this contract by a clear statement for example, a letter sent by post, fax or e-mail, by telephone or in person by visiting our registered office. Contact details are given in Clause 9 below.
3. If You cancel this contract within the cooling period, you will have no liability to pay any fees.
4. You can cancel at any time after this initial 14 day cooling off period and before an offer of Redress is made however, we reserve the right to apply a Fee to cover Our reasonable costs for the work undertaken in processing Your Claim up to the date of cancellation. Such charges will be calculated at £30+VAT per hour. Example:
Stage of Claim | Max hours | Max Fee + VAT |
When We have submitted a SAR or other preliminary checks for You. | 2 | £288 |
When We have completed a preliminary review of Your case | 4 | £576 |
When We are carrying out (or completed) the preparation and administration of Your case | 8 | £864 |
When We are carrying out (or completed) the full investigation of your case and drafted your Claim report | 10 | £1,440 |
When We are carrying out (or completed) Your submission to the Third Party | 12 | £1,728 |
After We have submitted Your case (before any offer of Redress is made) | 16 | £2,304 |
However, if We are in breach of Our obligations under this agreement You can cancel this contract at any time without having to pay a Fee.
Clause 5 – If We wish to terminate this agreement
1.We can cancel this agreement by giving you 14 days’ notice in writing if any of the following events occur:
a) We become aware that Your Claim is unlikely to succeed;
b) You provide information which You knew to be false or misleading in support of Your Claim and this information is material to the success of Your Claim or as to whether We would have agreed to act for You;
c) You fail to respond to reasonable requests for information in a timely manner and this prevents Us from providing the Services;
d) We become aware or suspect that the claim is fraudulent or vexatious;
e) You breach a term of the agreement and You do not correct this breach within 14 days of receiving written notification from Us detailing the breach and the action required to resolve the breach.
2. If We cancel this agreement due to any of the events detailed above (excluding a), We reserve the right to apply a Fee as detailed in Clause 4 above, to cover Our reasonable costs for the work undertaken in processing Your Claim up to the date of the cancellation for each Claim.
Clause 6 – Length of this agreement
1. The contract between Us and You will start on the date You sign and return this agreement to Us and, unless terminated earlier, will continue until:
(a) Redress is recovered for You by Us and You have paid the Fees in respect of all Claims We are processing; or
(b) Your Claim is rejected and either We notify You that there is no avenue of appeal remaining or any such avenue is, in Our reasonable opinion, unlikely to succeed.
2. If the Claim to which a Letter of Authority relates is dealt with over more than one account then We will, for the avoidance of doubt, be entitled to charge you a Fee in accordance with Clause 3 in respect of any and all additional accounts identified. We will notify You of any additional accounts that are identified.
Clause 7 – Waiver
1.From time to time We may decide not to apply certain conditions of these terms to some/all of Your claims. If We decide not to apply a condition of these terms to one of Your Claims, this does not mean that We cannot apply it to any of Your other Claims that You have instructed Us to pursue on Your behalf arising from Your original instructions or otherwise.
Clause 8 – Data Protection Warranties
1.We warrant and undertake, in respect of all your Data supplied, forwarded or otherwise made available to us for the purpose of pursuing Claims to:
a) Transfer and process your Data in accordance with the Data Protection Legislation at all times.
b) Promptly cease using, erase (unless we are required to hold information for regulatory obligations) or rectify any inaccuracies of your Personal Data for marketing or any other purpose or any complaint if you request us to do so in writing.
c) Take appropriate technical and organisational measures to protect your Data against unauthorised or unlawful processing and against accidental loss or destruction of or damage. This shall include without limitation appropriate encryption of and password protected access to all such your Personal Data however stored.
d) Restrict access to your Data only to employees or Third Parties who require to have it.
e) Retain your Data for no longer than necessary for the purpose for which we hold such data.
f) You can, at any time, request a copy of all information we hold relating to you by writing to us. (This is a Subject Access Request under General Data Protection Regulation)
Clause 9 – Complaints
1.You can submit a complaint to us in one the following ways:
Write to us at: Reclaims4u Ltd, 2nd Floor, Universal Square, Devonshire Street North, Ardwick, Manchester, M12 6JH.
By email: [email protected]
By telephone: 0161 528 1777
Or in person by visiting our premises (address detailed above)
2. We will send you a written acknowledgement with a copy of our complaints procedure promptly and in any event within 5 business days. 3. If we haven’t resolved Your complaint within 8 weeks of receipt or You are not satisfied with our response You can refer it to the Financial Ombudsman Service, whose contact details are:
Financial Ombudsman Service, Exchange Tower, Harbour Exchange,
London, E14 9SRG
www.financial-ombudsman.org.uk
Tel: 0800 023 4567.
4.If you believe we have breached our Data Protection Warranties, you have the right to make a complaint to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk).We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance as above.
Clause 10 – Other important Terms
1.We may transfer these Terms and Conditions and Our rights and obligations under it. We will always provide You with at least 14 days’ written notice of such a transfer. To the extent you inform us within that period (including by emailing your objection to [email protected]) of your objection, we will refrain from undertaking such transfer.
2.This agreement is governed by English Law and is subject to the jurisdiction of the English courts.
Reclaims 4 U Ltd is authorised and regulated by the Financial Conduct Authority with reference number 830181. You should be aware of time limits attached to your claim such as when you may run out of time to bring a claim (known as the ‘limitation period’). You can also find answers to some frequently asked questions about our claim process in our summary document. These Terms and Conditions form the legal agreement between us.
What will Reclaims 4U Ltd do for you?
We will assist you in identification of claims, preparation of required paperwork and representation in making a claim. We will work on your behalf to present a strong and detailed claim to the bank/finance provider/financial advisor. We will provide you with advice in regard to making the claim, any offer of compensation you receive and if your claim is rejected, advice on the next steps and whether your claim can be escalated. If necessary, we will escalate your case to The Financial Ombudsman Service (FOS) or the Financial Services Compensation Scheme (FSCS).
What might you need to do?
You will need to speak with us so that we can establish the basis and merits of your claim. You will also need to provide us with any documentation which relates to your claim that you possess. Such documentation might include (but not limited to); suitability reports, finance agreements, product documentation and bank statements. We may also need proof of identity documentation from you. You will need to sign paperwork which is required for your claim in a timely manner.
How will we keep you updated?
We will manage the entirety of your claim and keep you updated along the way. We will update you within 10 working days when there are any material developments on your case or when we receive any information which is for your attention. Where there are no material developments, we will update you at least every 6 months in writing.
How much will it cost?
If Your Claim is rejected by the Third Party, there will be no Fee. This is a No Win No Fee agreement.
If your claim is successful, the total fee is a percentage of your gross redress or the maximum amount listed in column (2) below, whichever is lower.
1. Redress amount | 2. Your Fee (+VAT) | 3. Example Redress | 4. Example Fee (inc VAT) |
£1 – £1,499 | 30% up to a max of £420 | £750 | £270 |
£1,500 – £9,999 | 28% up to a max of £2,500 | £3,000 | £1,008 |
£10,000 – £24,999 | 25% up to a max of £5,000 | £15,000 | £4,500 |
£25,000 – £49,999 | 20% up to a max of £7,500 | £30,000 | £7,200 |
£50,000 + | 15% up to a max of £10,000 | £85,000 | £12,000 |
The examples shown in columns (3) and (4) above are for illustration purposes only and are not to be taken as an estimate of the likely amounts to be recovered. The amount you receive may be more or less than these examples.
Our fee is payable on the entire amount recovered as a result of our work, even if you don’t personally receive the full amount (perhaps because you owe money to the third party who the claim is against).
Can I change my mind?
You can cancel for free within 14 days from when you sign our Terms and Conditions. If you cancel after the 14-day cooling off period, a termination fee will apply, based on our hourly rate of £120+VAT per hour, dependent on the amount of work we have completed.
Stage of Claim | Max hours | Max Fee + VAT |
When We have submitted a SAR or other preliminary checks for You. | 2 | £288 |
When We have completed a preliminary review of Your case | 4 | £576 |
When We are carrying out (or completed) the preparation and administration of Your case | 8 | £864 |
When We are carrying out (or completed) the full investigation of your case and drafted your Claim report | 10 | £1,440 |
When We are carrying out (or completed) Your submission to the Third Party | 12 | £1,728 |
After We have submitted Your case (before any offer of Redress is made) | 16 | £2,304 |
What other options are available to pursue my claim?
You can pursue the claim yourself without using a CMC and without cost. You will first need to complain directly to the provider and if this is unsuccessful, you can complain through the Financial Ombudsman Service. Certain claims may fall under the scope of the Financial Services Compensation Scheme, which you can access directly. You may be entitled to legal advice, assistance and representation through your membership of a trade union or under a contract of insurance, therefore you may wish to investigate whether you are able to pursue this claim through these methods.
‘Claim/Claims’ means Your claim or claims against the Third Party relating to the mis-selling of a Financial Product or a breach of legislation relating to a Financial Product.
‘Data Protection Legislation’ means the Data Protection Act 2018 (DPA) and the General Data Protection Regulation 2016 (GDPR).
‘Fee/s’ means the charges payable by You as set out in these terms.
‘Financial Products’ means a packaged bank account, personal contract plan, car finance, payday loans, undisclosed commission on a financial product and/or breaches of the Consumer Credit Act 2006.
‘Gross Amount’ means the total amount of Redress offered before any tax is deducted, before our Fee is deducted or before any Redress is offset against debt or arrears.
‘Letter of Authority’ means the signed Letter of Authority which you provide to Us in respect of a Claim.
‘Personal Data’ means any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier such as name, identification number, location data or an online identifier.
‘Redress’ means any sums paid, offered or awarded in respect of any Claim as a result of Our efforts. This includes benefits, redress, gestures of goodwill, ex gratia payments, refunds, discounts, any reduction in the loan outstanding or outstanding liabilities and/or any interest or capital recovered. Where such an offer is increased on appeal during the term of this agreement, then the higher amount shall be used in order to calculate the amount of the Redress.
‘Services’ means the work which We will undertake on your behalf in respect of your Claim set out in Clause 1.
‘Third Party’ means the financial institution and/or persons to whom the Letter of Authority in relation to a Claim is addressed such as a bank or financial adviser or any other entity which sold the Financial Product or Service or gave the advice to You. ‘Third Party’ also includes the Financial Ombudsman Service (FOS) and the Financial Services Compensation Scheme (FSCS).
‘Us’, ‘We’ and ‘Our’ means Reclaims 4 U Ltd.
‘You’ and ‘Your’ means the client(s) whose details are recorded on the Letter of Authority.
Clause 1 – What we will do for you:
1. We will review Your Claim and ask you a series of questions to enable Us to ascertain the basis and merits of your claim.
2. We will assess the likelihood of Your Claim being successful and provide Our advice on this.
3. If after We have reviewed Your Claim, We reasonably believe that it is unlikely to be successful or it is not in Your best interests to pursue a Claim We may decline to act for You.
4. If We accept Your Claim, We will confirm this to You and prepare a Letter of Claim, following which we will submit Your Claim to the relevant Third Party.
5. We will liaise with the Third Party and use reasonable endeavours to pursue Your Claim.
6. We will notify You promptly of any requests for additional information or documentation that the Third Party needs to investigate Your Claim.
7. We will update You within 10 working days when there are any material developments on Your case or when We receive any information which is for Your attention. Where there are no material developments, We will update You at least every 6 months in writing.
8. We will notify You in writing of any offers of Compensation made by the Third Party and provide Our advice regarding whether the offer You have received is in line with the rules of the Financial Conduct Authority or the principles used by the FOS, FSCS.
9. Where necessary and appropriate, We will seek Your instructions and agreement to refer Your Claim to the FOS or the FSCS.
Clause 2 – What you will need to do:
1. You must appoint us as Your exclusive agent to handle this Claim. This means that You cannot appoint another person, including Yourself, or firm to act on Your behalf in respect of this Claim, unless You terminate this agreement with Us in accordance with Clause 4.
2. Provide Us with information which is truthful and accurate, to the best of Your knowledge and belief.
Such information may relate to Your financial circumstances, employment details, vehicle details, recollections of the sale of the product and where necessary, health information.
3. Provide copies of all documentation that are in Your possession and which relate to the Claim in a timely manner. Documentation which may be required are; suitability reports, finance agreements, bank statements, product documentation, proof of identity and residential documentation. This is not an exhaustive list.
4.Co-operate with Us at all times.
5.Respond promptly to requests by Us for further information, or documents and/or questionnaires that may be needed to progress Your Claim.
6.Notify Us promptly of any offer, rejection or other information or communication (including telephone calls) made by the Third Party.
7.Notify Us promptly upon becoming aware of any changes in Your circumstances or of any documents not provided to Us which could affect the Claim. This includes, but is not limited to, any arrears, the issue of a default notice, a petition for a County Court Judgement or bankruptcy claim. In these circumstances, We reserve the right to terminate the agreement in accordance with Clause 5.
8.Pay our Fee due as a result of a successful Claim.
Clause 3 – Our Fees
1. If Your Claim is rejected by the Third Party, there will be no Fee. This is a No Win No Fee agreement.
2. If your claim is successful, the total Fee is a percentage of your Gross Redress or the maximum amount listed in column (2), whichever is lower.
1. Redress amount | 2. Your Fee (+VAT) | 3. Example Redress | 4. Example Fee (inc VAT) |
£1 – £1,499 | 30% up to a max of £420 | £750 | £270 |
£1,500 – £9,999 | 28% up to a max of £2,500 | £3,000 | £1,008 |
£10,000 – £24,999 | 25% up to a max of £5,000 | £15,000 | £4,500 |
£25,000 – £49,999 | 20% up to a max of £7,500 | £30,000 | £7,200 |
£50,000 + | 15% up to a max of £10,000 | £85,000 | £12,000 |
The examples shown in columns (3) and (4) above are for illustration purposes only and are not to be taken as an estimate of the likely amounts to be recovered. The amount You receive may be more or less than these examples.
3. If you have arrears or outstanding liabilities on your finance then the Third Party may use the Redress to pay those before making any payment to You. In this case You will still be required to pay Our Fees.
4. In the event that you are or have previously been subject to a Trust Deed or IVA or a Bankruptcy or Sequestration you should be aware that the compensation received may be used to pay your creditors. Our Fees may be met by the Account in Bankruptcy or your appointed Insolvency Practitioner however, in the case that they are not, You will still be required to pay Our Fees.
5. If the Third Party makes payment of the Redress directly to You, You must notify Us promptly and We will send You an invoice for Our Fee.
6. This must be paid within 14 days of receipt of either the Redress or our invoice (where the Redress is not paid directly to You).
7. Non payment of Our Fee could result in debt recovery action, court action, a CCJ or similar, which will negatively affect Your credit file.
8. We reserve the right to charge You for any reasonable costs incurred in seeking to recover Our Fee from You.
9. We reserve the right to charge the full Fee on the basis of the offer of Redress being made if:
(a) You reject an offer of Redress that is calculated in accordance with rules of the Financial Conduct Authority or the principles used by the FOS, FSCS; or
(b) You reject any other reasonable offer of Redress which We recommend (acting reasonably) should be accepted by You.
Clause 4 – If you wish to terminate this agreement
1. You have the right to cancel this contract within 14 days without giving any reason. This cooling off period will expire after 14 days from the day You sign and return this agreement.
2. To exercise Your right to cancel, You must inform us of your decision to cancel this contract by a clear statement for example, a letter sent by post, fax or e-mail, by telephone or in person by visiting our registered office. Contact details are given in Clause 9 below.
3. If You cancel this contract within the cooling period, you will have no liability to pay any fees.
4. You can cancel at any time after this initial 14 day cooling off period and before an offer of Redress is made however, we reserve the right to apply a Fee to cover Our reasonable costs for the work undertaken in processing Your Claim up to the date of cancellation. Such charges will be calculated at £30+VAT per hour. Example:
Stage of Claim | Max hours | Max Fee + VAT |
When We have submitted a SAR or other preliminary checks for You. | 2 | £288 |
When We have completed a preliminary review of Your case | 4 | £576 |
When We are carrying out (or completed) the preparation and administration of Your case | 8 | £864 |
When We are carrying out (or completed) the full investigation of your case and drafted your Claim report | 10 | £1,440 |
When We are carrying out (or completed) Your submission to the Third Party | 12 | £1,728 |
After We have submitted Your case (before any offer of Redress is made) | 16 | £2,304 |
However, if We are in breach of Our obligations under this agreement You can cancel this contract at any time without having to pay a Fee.
Clause 5 – If We wish to terminate this agreement
1.We can cancel this agreement by giving you 14 days’ notice in writing if any of the following events occur:
a) We become aware that Your Claim is unlikely to succeed;
b) You provide information which You knew to be false or misleading in support of Your Claim and this information is material to the success of Your Claim or as to whether We would have agreed to act for You;
c) You fail to respond to reasonable requests for information in a timely manner and this prevents Us from providing the Services;
d) We become aware or suspect that the claim is fraudulent or vexatious;
e) You breach a term of the agreement and You do not correct this breach within 14 days of receiving written notification from Us detailing the breach and the action required to resolve the breach.
2. If We cancel this agreement due to any of the events detailed above (excluding a), We reserve the right to apply a Fee as detailed in Clause 4 above, to cover Our reasonable costs for the work undertaken in processing Your Claim up to the date of the cancellation for each Claim.
Clause 6 – Length of this agreement
1. The contract between Us and You will start on the date You sign and return this agreement to Us and, unless terminated earlier, will continue until:
(a) Redress is recovered for You by Us and You have paid the Fees in respect of all Claims We are processing; or
(b) Your Claim is rejected and either We notify You that there is no avenue of appeal remaining or any such avenue is, in Our reasonable opinion, unlikely to succeed.
2. If the Claim to which a Letter of Authority relates is dealt with over more than one account then We will, for the avoidance of doubt, be entitled to charge you a Fee in accordance with Clause 3 in respect of any and all additional accounts identified. We will notify You of any additional accounts that are identified.
Clause 7 – Waiver
1.From time to time We may decide not to apply certain conditions of these terms to some/all of Your claims. If We decide not to apply a condition of these terms to one of Your Claims, this does not mean that We cannot apply it to any of Your other Claims that You have instructed Us to pursue on Your behalf arising from Your original instructions or otherwise.
Clause 8 – Data Protection Warranties
1.We warrant and undertake, in respect of all your Data supplied, forwarded or otherwise made available to us for the purpose of pursuing Claims to:
a) Transfer and process your Data in accordance with the Data Protection Legislation at all times.
b) Promptly cease using, erase (unless we are required to hold information for regulatory obligations) or rectify any inaccuracies of your Personal Data for marketing or any other purpose or any complaint if you request us to do so in writing.
c) Take appropriate technical and organisational measures to protect your Data against unauthorised or unlawful processing and against accidental loss or destruction of or damage. This shall include without limitation appropriate encryption of and password protected access to all such your Personal Data however stored.
d) Restrict access to your Data only to employees or Third Parties who require to have it.
e) Retain your Data for no longer than necessary for the purpose for which we hold such data.
f) You can, at any time, request a copy of all information we hold relating to you by writing to us. (This is a Subject Access Request under General Data Protection Regulation)
Clause 9 – Complaints
1.You can submit a complaint to us in one the following ways:
Write to us at: Reclaims4u Ltd, 2nd Floor, Universal Square, Devonshire Street North, Ardwick, Manchester, M12 6JH.
By email: [email protected]
By telephone: 0161 528 1777
Or in person by visiting our premises (address detailed above)
2. We will send you a written acknowledgement with a copy of our complaints procedure promptly and in any event within 5 business days. 3. If we haven’t resolved Your complaint within 8 weeks of receipt or You are not satisfied with our response You can refer it to the Financial Ombudsman Service, whose contact details are:
Financial Ombudsman Service, Exchange Tower, Harbour Exchange,
London, E14 9SRG
www.financial-ombudsman.org.uk
Tel: 0800 023 4567.
4.If you believe we have breached our Data Protection Warranties, you have the right to make a complaint to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk).We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance as above.
Clause 10 – Other important Terms
1.We may transfer these Terms and Conditions and Our rights and obligations under it. We will always provide You with at least 14 days’ written notice of such a transfer. To the extent you inform us within that period (including by emailing your objection to [email protected]) of your objection, we will refrain from undertaking such transfer.
2.This agreement is governed by English Law and is subject to the jurisdiction of the English courts.
Complaints may be made:
in respect of service that we have provided.
A) Acknowledgement:
We aim to resolve any expression of dissatisfaction as soon as possible, where this is in done within 3 business days, we will not usually confirm acknowledgement of the complaint in writing.
If it takes us longer than 3 business days to resolve your complaint, we will send you a written or electronic acknowledgement of a complaint within five business days of receipt, identifying the person who will be handling the complaint for the business.
B) Investigation:
Wherever possible, the person handling your complaint will not have been directly involved in the matter which is the subject of the complaint, and will have authority to settle the complaint.
Within four weeks of receiving a complaint, we will send you either:
C) Our Decision:
Within eight weeks of receiving a complaint we will send you either:
Where we decide that redress is appropriate, we will provide you with fair compensation for any acts or omissions for which we are responsible and will comply with any offer of redress that you accept. Appropriate redress will not always involve financial redress, but could involve an apology or another suitable form of redress.
D) Appeals:
If you are not satisfied with our decision regarding a complaint about us and you have allowed us the relevant time frames to respond to you, you can appeal this with the Claims Management Ombudsman (CMO) at:
Claims Management Ombudsman
Exchange Tower
London
E14 9SR
Tel: 0800 023 4567
Web: www.cmc.financial-ombudsman.org.uk