THIS DOCUMENT SETS OUT THE TERMS UPON WHICH YOU APPOINT WFAC TO ACT FOR YOU.
TERMS OF BUSINESS
DEFINITIONS AND INTERPRETATION
(i) “Agreement” means the agreement constituted by We Fight Any Claim’s current standard Engagement Letter (the “Engagement Letter”) and these Terms of Business.
(ii) “Claim” means a claim relating to
- The sale of a PPI and/or a PBA,
- Any unfairness in dealing with you by the Creditor relating in any way to a PPI or as the case may be, a PBA, and/or
- Any other matter in relation to which you ask We Fight Any Claim to represent you and We Fight Any Claim agrees.
(iii) “Claim Service” means, as the case may require, and as We Fight Any Claim considers appropriate, representing you in making any and all Claims, and any and all matters incidental to that, including advising you, negotiating, and agreeing to or rejecting the terms of any settlement or offer on your behalf.
We Fight Any Claim may, in its discretion, in providing the Claim Service in relation to any Claim refer such Claim to an appropriate alternative dispute resolution service (for example the Financial Ombudsman Service (“FOS”)) but We Fight Any Claim will not be obliged in any instance to do this.
The Claim Service does not include the exercise of rights of audience, or the conduct of litigation (as each is defined according to paragraphs 3 and 4 of Schedule 2 to the Legal Services Act 2007).
(iv) “Cooling-off Period” means in relation to any Instruction to commence the Claim Service, 14 days from such Instruction.
(v) “Compensation” means any and every sum or financial benefit that is awarded or accrues to you, arising directly or indirectly from any Claim in relation to any PPI and/or PBA in connection with which We Fight Any Claim has provided the Claim Service, whether by way of cash payment, credit to a loan, bank account, credit card or other account, off-set of any arrears or reduction of overdraft, or in any other way.
For the avoidance of doubt, where We Fight Any Claim provides the Claim Service in relation to any PPI and/or PBA (an “Initial Claim”) and as a direct or indirect consequence any sum or financial benefit is awarded or accrues to you in relation to any other PPI and/or PBA, even if such PPI and/or PBA was not identified when making the Initial Claim, this sum or financial benefit will constitute Compensation and, in particular, the Success Fee will be payable in relation to it.
Similarly, if We Fight Any Claim, any Creditor, or any other third party, identifies any other potential Claim, We Fight Any Claim may without further reference to you make such Claim, and any sum or financial benefit arising to you as a direct or indirect result will likewise constitute Compensation and the Success Fee will be payable in relation to it.
Compensation includes, for example, all refunds, repayments, interest, compensation for lost interest, sums paid following actual or purported reconsideration of previously rejected claims for redress, and all ex gratia payments and “distress and inconvenience” payments. In determining the amount of Compensation, all sums and benefits (and in particular all the aforesaid) will be included without deduction of any applicable tax.
(vi) “Creditor” means any person or organisation against whom We Fight Any Claim makes a Claim when providing the Claim Service.
(vii) “Free PPI Check” means an attempt to identify whether you might have been sold PPI (or as the case may be PBA) and by whom.
(viii) “Instruction” means your instruction to We Fight Any Claim to commence the Claim Service. You can provide your Instruction in writing or by telephone (and, for example, if you complete any relevant questionnaire over the telephone, with We Fight Any Claim, that will constitute an Instruction to We Fight Any Claim to provide the Claim Service according to these Terms of Business).
“Instruct” and “Instructed” shall be construed accordingly.
(ix) “Letter of Authority” means a document sent to the Creditor telling the Creditor We Fight Any Claim has authority to represent you.
(x) “PBA” means a packaged bank account, being a bank account which includes or purports to include insurance and/or other benefits in exchange for an account fee.
(xi) “PPI” means a Payment Protection Insurance policy.
(xii) “Terms of Business” means these terms and conditions.
(xiii) “you” and “your” means the account/policy holder(s) whose details are set out in the Letter of
Authority and who have appointed We Fight Any Claim to act on their behalf. If there is more than one such account or policyholder, “you” means all of them jointly and each severally.
In this Agreement, references to “We Fight Any Claim” mean and include, as the case may require, We Fight Any Claim Limited (company number 06649961) and Stephens Wilmot Limited (company number 10411634).
References to: (i) any gender include all genders; (ii) the singular include the plural; (iii) any statute include its amendment or replacement; and (iv) any person, include any corporeal or legal person and that person’s successors in title.
Examples do not limit the generality of the words, cases or classes to which they refer.
Headings are not relevant to the interpretation of these Terms of Business or this Agreement.
1. WHO WILL PERFORM THIS AGREEMENT
A. The Free PPI Check, and the Claim Service in relation to any Claim, may be provided by either We Fight Any Claim Limited and/or Stephens Wilmot Limited. Stephens Wilmot Limited are a firm of solicitors.
B. At any time, We Fight Any Claim Limited may ask Stephens Wilmot Limited thereafter to perform this Agreement and, in particular, to provide the Claim Service and discharge any obligations in relation to it, instead of We Fight Any Claim Limited. If Stephens Wilmot Limited so agrees, you will be notified and Stephens Wilmot Limited will then take over performance of this Agreement, and become subject to all relevant obligations, without the need for further agreement or consent from you.
C. If Stephens Wilmot Limited begins to perform this Agreement in relation to any Claim, and, in particular, provide the Claim Service in relation to any Claim, We Fight Any Claim Limited will thereafter be discharged from any obligations in relation to such Claim (although We Fight Any Claim Limited will continue to be liable in relation to any breaches of duty before you were notified that Stephens Wilmot Limited were taking over). Stephens Wilmot Limited will be liable for any breaches of duty after they took over, but not before.
2. FREE PPI CHECK
A. By completing, signing and returning the Engagement Letter you appoint We Fight Any Claim to undertake the Free PPI Check. No charge will be made for the Free PPI Check.
B. You give We Fight Any Claim your consent and authority to deal with creditors and any other relevant persons or organisations on your behalf and obtain such information as We Fight Any Claim sees fit for the purposes of the Free PPI Check.
C. You can cancel the Free PPI Check at any time, at no cost to you, by either telephone, email or in writing.
D. If any PPI (or as the case may be, PBA) is found, you may choose to use the Claim Service but are under no obligation to do so.
E. We Fight Any Claim will endeavour to find PPI and/or PBA that might have been sold to you, but does not undertake to find any there may be; and shall not breach any obligation by failing to do so.
F. You acknowledge that We Fight Any Claim has told you that you could undertake the Free PPI Check yourself.
3. THE CLAIM SERVICE
A. By giving your Instruction you agree that We Fight Any Claim will provide you with the Claim Service according to this Agreement. Unless and until you give your Instruction as aforesaid, you will not have agreed that We Fight Any Claim provide you with the Claim Service and We Fight any Claim will not be bound to do so.
B. You acknowledge that We Fight Any Claim has told you that you could complain without We Fight Any Claim’s assistance; and refer a complaint to FOS free of charge.
C. If We Fight Any Claim considers it would be inappropriate to pursue a Claim, or that pursuing such Claim, or pursuing it further, would be uneconomic for We Fight Any Claim, We Fight Any Claim may at any time cease to provide the Claim Service in relation to that Claim.
4. WHAT YOU AGREE
A. You agree We Fight Any Claim, including both We Fight Any Claim Limited and Stephens Wilmot Limited, is authorised to represent you and perform the Claim Service in pursuing any and all Claims, both in relation to PPI and/or PBA identified by the Free PPI check and PPI and/or PBA identified later or otherwise (save only for any PPI and/or PBA you explicitly exclude when giving your Instruction).
B. You agree to provide We Fight Any Claim with all relevant information and items We Fight Any Claim requests to enable We Fight Any Claim better to pursue any Claim; and to send to We Fight Any Claim any correspondence you receive directly from any Creditor in connection with such Claim.
C. You agree not to ask We Fight Any Claim to work in an improper or unreasonable way or to mislead We Fight Any Claim; and to the best of your ability to provide truthful and accurate information.
D. You agree not to contact or deal directly with any Creditor in connection with any Claim unlessWe Fight Any Claim agrees this is necessary.
E. You authorise the release to We Fight Any Claim by any Creditor or third party of any information We Fight Any Claim considers appropriate for the purposes of the Claim Service.
F. You agree that any Compensation can be paid directly to We Fight Any Claim and We Fight Any Claim can receive, bank and give a valid receipt for any such Compensation. If a Creditor pays Compensation directly to We Fight Any Claim, We Fight Any Claim will forward the balance of that Compensation to you as soon as possible. However, We Fight Any Claim may first deduct any fee due under this Agreement and any and all other sums owing to We Fight Any Claim by you.
G. Once you have received Compensation you will immediately be liable to pay the Success Fee (see clause 5) in relation to that Compensation. If you do not pay within 21 days: (i) interest may be added to the outstanding sum daily, at a rate of 8% per year, as from the date payment became due until payment is made; (ii) We Fight Any Claim may make a reasonable charge for any and all administrative and legal work undertaken by it in pursuing or obtaining payment; (iii) if We Fight Any Claim appoints any agent, debt collector or other third party to obtain or assist it in obtaining payment, you will pay the reasonable costs of such agent, debt collector or third party; and (iv) legal action may be undertaken and you will be responsible for the relevant legal costs, on an indemnity basis, and all reasonable administrative costs in connection with such action (whether of We Fight Any Claim or any agent, debt collector or other third party as aforesaid).
H. You agree not to appoint any other representative to pursue any Claim in relation to which you have Instructed We Fight Any Claim and to terminate any earlier appointment in relation to any such Claim. You further agree that whether or not you terminate any earlier appointment, We Fight Any Claim’s appointment under this Agreement supersedes and revokes such earlier appointment.
I. If you accept an offer of Compensation in respect of a mis-sold PPI or PBA, your PPI or PBA may be cancelled. In these circumstances you agree that it is your responsibility, not We Fight Any Claim’s, to check whether any alternative insurance cover or banking facilities may be necessary or appropriate for you and, if so, to arrange suitable alternative insurance cover and/or banking facilities.
5. SUCCESS FEE
A. For providing the Claim Service, We Fight Any Claim will charge a fee (the “Success Fee”). Provided you do not cancel or terminate this Agreement, the Success Fee is the only fee you will be charged for the Claim Service.
In relation to a PPI, the Success Fee will be 20% plus VAT (24% including VAT at current rates) of any Compensation: this is equivalent to £240.00 for every £1,000.00 of Compensation. For example, if Compensation of £2,000.00 were awarded to you, you would pay £480.00, including VAT at current rates.
For providing the Claim Service in relation to a PBA, We Fight Any Claim will charge 32.5% plus VAT (39% including VAT at current rates) of any Compensation: this is equivalent to £390.00 for every £1,000.00 of Compensation. For example, if Compensation of £2,000.00 were awarded to you, you would pay £780.00, including VAT at current rates.
B. If you cancel or terminate this Agreement in relation to any Claim, at any time after an offer of Compensation is made in relation to such Claim, you will be liable to pay We Fight Any Claim’s Success Fee in relation to the relevant Claim.
C. If you are in arrears with your loan, hire purchase, mortgage or card repayments or if your
PBA is overdrawn, a Creditor may use some or all of any Compensation to offset your arrears or reduce your overdraft. In these circumstances you will remain liable immediately to pay the full Success Fee.
D. If you are more than one person, all of you are, and each of you is, jointly and severally liable for any and all amounts you owe We Fight Any Claim. This means, for example, that We Fight Any Claim can collect all the Success Fee in relation to any Claim from each of you, and this will be the case even if some of or all the relevant Compensation is paid to the other joint account holder(s).
E. If you fail to notify We Fight Any Claim that you are bankrupt, or in an IVA, or in a Scottish Trust Deed, or in a Debt Management plan, you will still be liable to pay the full Success Fee in the event that you are awarded Compensation, even though you may not receive any of the Compensation yourself.
F. If any form of tax is payable by you, or on your behalf, in relation to any Compensation (such as income tax which is payable by you in respect of the interest included in your Compensation) We Fight Any Claim will not make such deduction or payment on your behalf. If such tax is deducted or withheld from your Compensation before it is paid to you, this will not affect the Success Fee. This means, for example, that if, in a Claim relating to PPI, Compensation of £1000 is awarded to you, but tax of £50 is withheld, so you actually receive £950, the amount payable, including VAT at current rates, will be £240 (being 24% of £1000). Likewise if, in a Claim relating to PBA, Compensation of £1000 is awarded to you, but tax of £50 is withheld, the amount payable, including VAT at current rates, will be £390 (being 39% of £1000).
G. In relation to VAT, references to “current rates” mean the applicable rate of VAT as at the date the Engagement Letter was sent to you. If this changes the amount payable will change accordingly.
6. CANCELLING THIS AGREEMENT
A. You have a right to cancel this Agreement at any time. You can do this by telephone, email or post, using the contact details in clause 8; or by signing and returning the cancellation form sent to you by We Fight Any Claim.
B. If you cancel this Agreement within the Cooling-off Period you will owe We Fight Any Claim nothing.
C. If you cancel or otherwise terminate this Agreement, in whole or in relation to any Claim, more than 14 days after your Instruction to provide the Claim Service but before either: (i) a Success Fee becomes payable in relation to a relevant Claim or (ii) We Fight Any Claim has notified you that We Fight Any Claim does not intend to pursue that Claim any further, We Fight Any Claim will charge you a fee (the “Cancellation Fee”) in relation to that Claim. The Cancellation Fee will be determined as follows.
In relation to each Claim for which We Fight Any Claim has at the date of cancellation begun to provide the Claim Service (for example by writing to make your Claim to the relevant Creditor) you will pay such sum as We Fight Any Claim reasonably determines is appropriate to cover its time cost (including a reasonable element of profit on that time), overheads, costs and disbursements referable to that Claim. However: (i) in the first 3 weeks after commencement of the relevant Claim, the Cancellation Fee in relation to such Claim shall not exceed £100 + VAT; and (ii) after this, the Cancellation Fee in relation to such Claim shall be limited to £150 + VAT, except where the relevant Claim has been referred to the Financial Ombudsman Service, when the Cancellation Fee will be limited to £200 + VAT.
D. If you cancel or terminate this Agreement, in whole or in relation to any Claim, and Compensation then becomes payable pursuant to We Fight Any Claim’s provision of the Claim Service, you will be liable to pay the relevant Success Fee (but any relevant Cancellation Fee you have already paid will be deducted from the amount due).
E. The provisions in clauses 4G, 5D, 5E, and 5F will apply, with any necessary modification, to Cancellation Fees as they apply to Success Fees.
F. If, pursuant to clause 3C, We Fight Any Claim ceases to provide the Claim Service, in relation to any Claim, that will not prejudice We Fight Any Claim’s right to payment in relation to any other Claim.
7. DATA PROTECTION
A. The information and data that We Fight Any Claim gathers about your personal and financial situation may be classed as “personal data” and processing of it may constitute “sensitive processing” under the Data Protection Act 2018 and the General Data Protection Regulation (EU) 2016/679 (“GDPR”).
We Fight Any Claim will use your personal data only according to this clause 7 and the Privacy Policies for, as the case may be, We Fight Any Claim Limited or Stephens Wilmot Limited. These can respectively be viewed at www.wefightanyclaim.com/privacy-policy and www.stephenswilmot.co.uk/index.php/privacy. (Hard copies are available on request.)
B. If you provide personal information to We Fight Any Claim about another party, you confirm that such party has authorised you to do so and consents to We Fight Any Claim’s processing and use of that personal information.
C. By entering into this Agreement, you explicitly authorise We Fight Any Claim to: (i) process your personal data (including gathering, recording or holding it) in whatever way We Fight any Claim reasonably believes is necessary to enable We Fight Any Claim to perform this Agreement; (ii) process your personal data for the purposes of We Fight Any Claim’s, or a third party’s, legitimate interests, to the extent it is lawful to do so; (iii) hold your data for as long as is necessary to provide, as the case may be, the Free PPI Check and/or Claim Service, and thereafter in line with We Fight Any Claim’s lawful policies; (iv) update you throughout the Free PPI Check and/or the Claim Service by SMS (text message), email, telephone and/or post; (v) disclose your personal data to Creditors, FOS, regulators (such as the Claims Management Regulator, Solicitors Regulation Authority and the Financial Conduct Authority) and other third parties as We Fight Any Claim reasonably believes is necessary to enable We Fight Any Claim effectively to provide the Free PPI Check and/or Claim Service to you; (vi) use SMS (text message), email, telephone and/or post for the purposes of collecting sums We Fight Any Claim reasonably believes are due from you; (vii) disclose your personal data to third parties for the purpose of debt recovery, if you fail to pay any fee when it is due; (viii) market and/or offer to you products and services that a group of companies related to We Fight Any Claim (the “We Plan Group”) may be able to provide or arrange, according to D below.
D. The products and services the “We Plan Group” may be able to provide or arrange include claims management, Wills, funeral plans, life insurance, unsecured lending, re-mortgage, equity release, debt management and other financial products and services. We Fight Any Claim will contact you about such a product or service where We Fight Any Claim believes it has a legitimate interest to do so, or you have given us your consent. You can stop such marketing at any time: see www.wefightanyclaim.com/privacy-policy and www.stephenswilmot.co.uk/index.php/privacy.
E. If you want to check or correct the information that We Fight Any Claim holds about you, you can do this at any time: again, see www.wefightanyclaim.com/privacy-policy and www.stephenswilmot.co.uk/index.php/privacy.
8. MAKING A COMPLAINT
A. You can make a complaint about We Fight Any Claim’s service by post to: Tintern House, William Brown Close, Llantarnam Park, Cwmbran, NP44 3AB; or by email to [email protected]; or by telephone on 01633 705 081.
B. We Fight Any Claim Limited’s complaints procedure can be found at www.wefightanyclaim.com; Stephens Wilmot Limited’s can be found at www.stephenswilmot.co.uk.C. If We Fight Any Claim is unable to resolve your complaint you may refer it to the Legal Ombudsman Service. You must do this within 6 months of We Fight Any Claim’s final response. The Legal Ombudsman can be contacted by telephone on 0300 555 0333; or by email at [email protected]; or by post to Legal Ombudsman, PO Box 6804, Wolverhampton, WV1 9WG.
A. The provisions of this Agreement will continue to operate after termination to the extent necessary to give fullest effect to its terms and intention.
B. If We Fight Any Claim does not enforce any term of this Agreement, or exercise any legal right, whether arising under this Agreement or the general law, that will not prejudice We Fight Any Claim’s right to enforce the relevant term, or to exercise the relevant right, at any subsequent time; or to enforce any other term, or exercise any other right, at any time whatsoever.
C. This Agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement. This clause shall not affect any right or remedy of a third party which is available apart from that Act.
D. The provisions of this Agreement shall be construed so as to comply with the law for the time being applicable. In the event of any conflict, the relevant provision or part provision of this Agreement shall apply to the maximum permissible extent; and all other provisions and all other provisions or part provisions shall be unaffected and remain enforceable.
E. We Fight Any Claim may communicate with you orally (including by telephone) or in writing. For the purposes of this Agreement, any notice, or information, will be considered conclusively to have reached you if sent by letter, email, or SMS to, as the case may require, your last postal, or relevant electronic, address, according to We Fight Any Claim’s records. Any properly addressed notice or information sent electronically shall be conclusively presumed to have been received no more than 24 hours later; by first class post, no more than 48 hours later; by second class post, no more than 96 hours later.
F. You acknowledge, accept and agree that We Fight Any Claim may not return original documents (such as statements, policy or credit agreements) to you on termination of this Agreement or conclusion of any relevant Claim.
G. We Fight Any Claim may assign any and all rights or benefit under this Agreement. We Fight Any Claim may also subcontract to others the performance of this Agreement and any and all of We Fight Any Claim’s obligations under it. This Agreement is personal to you and is not assignable by you except to your personal representatives.
9. APPLICABLE LAW
This Agreement shall be governed and interpreted according to the laws of England and Wales; and the parties submit to the exclusive jurisdiction of the English and Welsh Courts.
10. REGULATORY BODIES
We Fight Any Claim Ltd is regulated by the Claims Management Regulator in respect of regulated claims management activities. Its authorisation number is CRM14824 and the registration details can be confirmed on the Regulator’s website: www.gov.uk/moj/cmr
Stephens Wilmot Limited is authorised and regulated by the Solicitors Regulation Authority (SRA number 635237).