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Terms & Conditions

 

Brunel Franklin Terms And Conditions


1 Definitions
1.1 'Administration Charge' means such costs incurred in processing, preparation and submission of the Client's claim (including without limitation any charges payable to the Third Party whether under the DPA or otherwise in order to obtain details relating to the Client's claim for Compensation (Data Subject Access Request (DSAR) Charges) incurred by the Company and as fall due for payment under Conditions 5.1, 7.4, 10.3, 11.3 and 16 of the Contract until the time that the Client's written notice of termination is received by the Company.)
1.2 'Benefit' means all non-monetary benefits in whatever form including without limitation all benefits that will arise from any waiver, cancellation, reduction, saving, deduction or rescheduling of any outstanding or future loan or interest payments, credit repayments, premiums, charges or other interest or administrative payments (or any offsetting or relief against the same) or any other saving, inducement, discount or rebate offered in relation to any other products or services offered by a Third Party or persons connected to the Third Party.
1.3 'Claim' means a given claim for Compensation made by the Company on behalf of the Client in accordance with the terms of the Contract.
1.4

'Client' means the client of the Company.
1.5 'Client's Card' means either the credit card which is the subject of a potential claim relating to Credit Card/Bank Charges or, where this credit card is no longer active, the Client's active credit or debit card, details of which have been provided by the Client and are set out in section 2 of the letter of authority.
1.6 'Compensation' means the total monies and the full value of Benefits (as defined above) offered by the Third Party whether as compensation, as a gesture of good will or otherwise arising from any claim made by the Company on behalf of the Client for alleged unreasonable or erroneous Loan Charges or Credit Card/Bank Charges, a mis-sold endowment policy, a mis-sold investment bond and/or an allegedly mis-sold PPI (as defined below). Where such an offer is revised on appeal, then the higher amount shall be used in order to calculate the amount of Compensation.
1.7 'Company' means Flairford Securities Ltd, trading as Brunel Franklin (Company Number: 06576055).
1.8 'Contract' means the contract between the Company and the Client for the provision of the Services, comprising the signed letter of engagement and these terms and conditions.
1.9 'Credit Card/Bank Charge' means any charge made in connection with a bank account or credit card including any interest, late payment or administrative charge made in respect of a bank account or credit card.
1.10 'Credit Card Provider' means a person who as a principal and not as an agent provides credit cards and advances credit against such cards.
1.11 'DPA' means the Data Protection Act 1998, as amended from time to time.
1.12 'Legal Expenses' means the expenses incurred by or on behalf of the Company in relation to the preparation or commencement of proceedings on behalf of the Client in connection with a Claim, including but not limited to the fees of the Company's appointed legal representative(s) and court fees.
1.13 'Life Assurance Policy' means any whole of life assurance policy.
1.14 'Loan Charge' means any charge made in connection with any loan, overdraft, mortgage, credit or hire agreement including any interest or credit charge, early or late payment charge or administrative charge made in respect of any such agreement excluding Credit Card Bank Charges.
1.15 'PPI' means a Payment Protection Insurance policy or similar loan protection scheme including without limitation schemes covering eventualities such as accident, sickness, redundancy and/or unemployment.
1.16 'Financial Irregularities' means assessment of Credit Agreements regulated under the Consumer Credit Act 1974 that provides that an improperly executed and formatted agreement be enforceable either by order of the court or in some cases when the prescribed terms, regulated by the Offi ce of Fair trading, are incorrect or missing precludes the Court from giving the lender an enforcement order. The claim may include no obligation to make further payments to the lender, reimbursement of undisclosed commission paid to a broker, and reimbursement of mis-sold PPI or other optional insurance attached to the credit agreement.
1.17 'Services' means all or any of the services as specified in the Contract.
1.18 'Service Charges' means the charges payable by the Client set out in the Contract.
1.19 'Third Party' means any bank, person, firm or company that provided credit facilities to the Client, imposed bank charges on the Client and/or arranged for the Client a PPI or Life Assurance Policy.
1.20 'VAT' means value added tax at the then prevailing rate.
1.21 'Financial Irregularities' means assessment of Credit Agreements regulated under the Consumer Credit Act 1974 that provides that an improperly executed and formatted agreement be enforceable either by order of the court or in some cases when the prescribed terms, regulated by the Office of Fair trading, are incorrect or missing precludes the Court from giving the lender an enforcement order. The claim may include no obligation to make further payments to the lender, reimbursement of undisclosed commission paid to a broker, and reimbursement of mis-sold PPI or other optional insurance attached to the credit agreement.
1.22 'Bond' means any investment bond whether in stocks or otherwise.
1.23 'Endowment' means any endowment mortgage and related policies and/or instruments.
 
2 Duration

The Contract shall commence on the date on which the Client's signed letter of engagement has been received by the Company and unless terminated earlier as provided below shall continue until:
2.1 Compensation is recovered for the Client by the Company and the Service Charges or the Administration Charges (as applicable) are paid by the Client; or
2.2 The Company advises the Client in writing that it is unable to recover Compensation; or
2.3 The Company exercises its right not to pursue a claim for Compensation but this is without prejudice to any rights the Client may have to make a claim.
 
3 Services
The Company agrees with the Client:
3.1 That it will use its reasonable endeavours to pursue an application for Compensation from the Third Party on behalf of the Client where the Company believes that it is reasonable to do so, having regard to the merits and the value of the Client's claim;
3.2 To notify the Client promptly and in writing if it decides that it will not pursue an application for Compensation;
3.3 To use reasonable endeavours to keep the Client informed of the progress of the claim;
3.4 That it will not seek to recover the Service Charges should the application to the Third Party for Compensation prove unsuccessful, unless this is due to an act or omission on the part of the Client;
3.5 To act in the best interests of the Client at all times;
3.6 To promptly pay any Compensation received by the Company to the Client after deducting the Service Charges;
3.7 To hold all Compensation monies received from a Third Party in a general client account that is separate from the main bank account of the Company;
3.8 That the commencement of legal proceedings to recover Compensation is outside the scope of the Services unless the Company elects otherwise.
 
4 Charges

The liability for the Client to pay the Service Charges and any other charges that may be payable by the Client under the Contract is (where the Client is more than one person) joint and several. This means that the Company can recover all of such charges from any person who is the Client. Service Charges and any outstanding Administration Charges will be payable on any part of any Compensation that is received by the Client or the Company as soon as it is recovered from the Third Party.

 
5 Debt Recovery
5.1 In the event the Company takes steps to recover any Service Charges and/or Administration Charges due and unpaid by the Client to the Company, the Client shall pay to the Company the Company's costs (including administrative costs) of taking such steps plus VAT on those costs and in addition the Client undertakes that it will at all times be responsible for all costs and expenses incurred by the Company, including but not limited to, Court fees, interest and administrative fees in recovering from the Client any Service Charges due and unpaid from the Client to the Company.
5.2 All sums due from the Client which are not paid on the due date (without prejudice to the rights of the Company under the Contract) shall bear interest from day to day at the rate of 4% per annum over the base lending rate of the HSBC Bank plc.
 
6 General Obligations of the Client
The Client agrees with the Company:
6.1 To provide promptly all such information as the Company may from time to time reasonably request;
6.2 To ensure that all information sent to the Company is true, accurate, not misleading and shall not contain any relevant omissions;
6.3 To authorise the Company to act on its behalf to contact the Third Party or such other persons, firms or companies as the Company considers necessary to perform the Services and to authorise the release of any such information as the Company deems appropriate;
6.4 To authorise the Company on an exclusive basis to negotiate on the merits of the Client's claim;
6.5 To deal with all correspondence from the Company promptly, including without limitation to return to the Company either the Third Party's acceptance form or a letter rejecting the Third Party's offer as soon as reasonably practicable and in any event within 28 days.
6.6 To accept these terms and conditions as binding on the Client and to be responsible to the Company for any breach by the Client including the payment of the Service Charges and/or the Administration Charge (as applicable);
6.7 Not to appoint any other claims handling company or other person firm or company to provide the Services during the term of the Contract without the prior written consent of the Company;
6.8 Not to pursue the claim during the term of the Contract personally and not to contact the Financial Ombudsman Service;
6.9 Not to contact or correspond or communicate with the Third Party without the consent of the Company, as this may prejudice any ongoing negotiations;
6.10 To immediately copy to the Company any correspondence it receives from the Third Party;
6.11 To promptly notify the Company of the full names of all joint policy holders and any further relevant information that the Client has in its possession;
6.12 That it has not previously claimed or received compensation or an offer of compensation from the Third Party.
 
7 Payment Obligations of the Client and the Company
7.1 The Client assigns to the Company all its rights in the Compensation and authorises the Company to collect on its behalf any Compensation due from the Third Party.
7.2 The amount of the Service Charges payable by the Client to the Company is set out in the signed letter of engagement relating to the Services. The Client agrees that it is liable to pay the Service Charges to the Company if the Compensation is paid directly to the Client by the Third Party as set out below:
7.2.1
 in relation to claims relating to Loan Charges, Life Assurance Policies or PPIs, all Service Charges and other fees due to the Company under the Contract shall be paid by the Client within 14 days of the Company's invoices for such charges or (if stated) by such later date stated in the Company's invoice;
7.2.2
 in relation to claims relating to Credit Card/Bank Charges, the Client agrees that the Company may take payment for the Service Charges and other fees due to the Company under the Contract directly from the Client's Card. Payment of the Service Charges and other fees due to the Company under the Contract may be taken from the Client's Card as soon as any Compensation is credited to the Client's Card, providing that the Company issues a receipted VAT invoice for such payments to the Client within 14 days of the date on which payment was taken.
7.3 Where Compensation is paid directly to the Company by a Third Party, the Client agrees that the Company may take payment for its Service Charges and any other fees due to the Company under the Contract from any Compensation it receives on the Client's behalf before transferring the balance of the Compensation to the Client. The Company shall issue a receipted VAT invoice for such payments to the Client within 14 days of the date on which payment was taken.
7.4 When an offer for Compensation is obtained from the Third Party on behalf of the Client which in the reasonable opinion of the Company is fair and reasonable having regard to the relevant timescales and that offer is rejected by the Client then the Company reserves the right to charge a fee equal to the amount of the Service Charge which would have been payable in the event that the Client accepted that offer in line with the Company's advice.
7.5 The Client agrees to pay to the Company the Service Charge and is deemed to have irrevocably accepted an offer of Compensation in cases where an offer of compensation, which in the reasonable opinion of the Company is fair and reasonable, has been sent either by the Company or the Third Party to the Client, and the Client has not within 28 days of receiving such offer either returned to the Company, the Third Party's acceptance form or a letter rejecting the Third Party's offer.
7.6 In relation to DSAR Charges, the Client agrees to authorise the Third Party to deduct DSAR Charges payable to the Third Party from the Client's account and/or card with the Third Party. Where there is insufficient credit in the Client's account and/or card with the Third Party and/or the Company pays the DSAR Charges directly, payment for the DSAR Charges may be taken by the Company in accordance with Clause 7.2 or 7.3 as applicable. DSAR Charges shall not exceed £10 or the maximum fee permitted under the DPA as amended from time to time. The current fee is displayed on the Company's website, www.brunelfranklin.com.
 
8 Performance

The Company will use all reasonable endeavours to perform the Services within a reasonable period from the date of receipt of the letter of engagement signed by the Client. The Company cannot be held responsible for delays due to circumstances beyond its control, such as delays caused by the Third Party or the Client. Reasonable delays in performance or delays due to circumstances beyond the Company's control shall not entitle the Client to terminate the Contract. Due to logistical reasons, it is not practicable for the Company to store paper copies of any bank statements relating to the Client's claim. The Company uses specialist third party software to scan and analyse the bank statements and will store them electronically. The Company will return to the Client any bank statements supplied by the Client, provided that the Client provides a written request together with an envelope that is addressed to the Client and stamped to a sufficient value to cover the cost of returning the statements. Otherwise, the Company will dispose of the paper copies securely. The accuracy of the software used to scan and analyse the paper bank statements may on occasion be impaired by the quality and/or condition of the statements provided to the Company. The Company will use all reasonable endeavours to minimise any inaccuracies. The Company shall accept liability only for any loss to the Client caused by such a material inaccuracy up to the amount of any shortfall in Compensation that arises as a direct result of the inaccuracy (calculated by multiplying the shortfall in the amount claimed as a result of the inaccuracy by the percentage of the amount claimed by the Company on behalf of the Client that is recovered as Compensation), less the Service Charge that would have been payable on such Compensation.
 
9 Liability
9.1 The Company's liability in respect of the Services is to provide the same with reasonable skill and care, and within a reasonable time. The Company does not make any other promises or warranties about the Services.
9.2 The liability of the Company to the Client in contract, tort (including negligence for breach of statutory duty) or otherwise howsoever under or in connection with the Contract shall be limited as follows:
9.2.1 For death or personal injury resulting from the Company's negligence or fraud, no limit shall apply:
9.2.2 For any other loss or damage, liability is limited to losses that are a foreseeable consequence of the Company's breach of contract or tort and shall not exceed the amount at which the Company (acting reasonably) values the Client's claim.
9.3 Any claim by the Client for compensation for loss caused by the Company's negligence or breach of contract must be notified to the Company as soon as practicable after the damage is discovered.
 
10 Litigation
10.1 The Company shall have the right to commence legal proceedings on the Client's behalf to pursue a claim for Compensation, subject to the provisions of this Condition 10.
10.2 Where the Company commences legal proceedings on the Client's behalf to pursue a claim for Compensation, the Client agrees to:
10.2.1 Comply with all reasonable requests of the Company and/or any legal representative appointed by the Company without undue delay;
10.2.2 Permit the Company to have the conduct of the claim and to pursue the claim in such manner as the Company in its absolute discretion thinks fit. The Company will only pursue a claim if it is in the interests of the client to do so;
10.2.3 Disclose all relevant information and documentation as reasonably requested by the Company and/or its legal representative;
10.2.4 Instruct any legal representative appointed by the Company to provide all information relating to the claim to the Company, at the Company's request;
10.2.5 Authorise any legal representative appointed by the Company to pay the Service Charges directly to the Company from any Compensation recovered by the legal representative;
10.2.6 To pay the Service Charges to the Company if the Compensation is paid directly to the Client.
 
10.3 The Company agrees, subject to Condition 10.4, to be responsible for the Legal Expenses, except that the Client shall be responsible for the Legal Expenses in any of the following circumstances:
 
10.3.1 The Client misleads the Company and/or any legal representative appointed by the Company in any way or any information provided by the Client contains material omissions which would (if not omitted) have resulted in the legal representative and/or the Company declining to accept the Client's instructions;
10.3.2 The Client terminates the Contract during the course of the proceedings;
10.3.3 The Client fails to provide the Company and/or the legal representative with information (including without limitation witness statements) within a reasonable time from the time that such information is requested;
10.3.4 The Client fails to remedy a breach of its obligations under the Contract within 7 days of a notice from the Company requiring the Client to do so.
10.4 The CIient agrees that the Company shall be reimbursed for all Legal Expenses to the extent that the Legal Expenses are recovered from the Third Party. The Company is entitled to retain reimbursed Legal Expenses received directly by the Company from the Third Party and the Client agrees to pay to the Company forthwith any reimbursed Legal Expenses received by the Client from the Third Party.
 
11 Termination
11.1 The Company shall have the right by giving written notice to the Client at any time to immediately terminate the Contract if:
11.1.1 there occurs any material breach by the Client of any term of the Contract (in respect of any one or more Claim(s)) which is irremediable or, if remediable, is not remedied to the Company's satisfaction within 15 days of a written notice by the Company specifying the breach and requiring it to be remedied; or
11.1.2 there occurs any material breach by the Client of any term of any other contract between the Company and the Client which is irremediable or, if remediable, is not remedied to the Company's reasonable satisfaction within 15 days of a written notice by the Company specifying the breach and requiring it to be remedied;
11.1.3 the Client is adjudicated bankrupt, enters into a voluntary arrangement with its creditors or has a deputy, an attorney or an IMCA appointed under the Mental Health Act 1983 and/or the Mental Capacity Act 2005 (as amended); ornder the Mental Health Act 1983 and/or the Mental Capacity Act 2005 (as amended); or
11.1.4 the Client does not follow any reasonable recommendations of the Company regarding the conduct of the case.
11.2 The Client shall have the right to terminate the Contract by giving written notice to the Company within 14 days of signing the Contract. If written notice is received within 14 days all monies paid by the Client to the Company will be refunded in full. The Client may cancel the contract in writing after 14 days but will be charged for any work undertaken during this period, and for any charges incurred by the Company from Third Party suppliers for services procured on the Client's behalf. If the Client cancels the Contract after the Company has received an offer of Compensation from a Third Party normal Service Charges will be applied. Details of charges are given in 11.3 and as part of these Terms & Conditions.
11.3

Any termination by the Client must be communicated on the telephone to the Company's Customer Relations Department on 0161 919 0529 and promptly confirmed in writing. The Company recommends that the written confirmation of termination should be sent by recorded delivery. The Company will acknowledge the Client's written confirmation of termination within 2 working days of receipt. If the Client does not receive this acknowledgement within a week, the Client should contact the Company's Customer Relations Department to check that his/her written confirmation of termination has been received. If the Client cancels the Contract after 14 days the Company will charge the Client at the Company's standard hourly rate of £25 per hour for such preparation, processing and submission costs as may have been incurred by the Company up to the time that the Client's cancellation has been received by the Company. If such termination takes place once the Third Party has made an offer of Compensation the Company will impose a charge equivalent to the Service Charges that would be payable if the offer was accepted. Full details of all Service Charges are shown in these Terms & Conditions. If such termination takes place once the Third Party has made an offer of Compensation, the Company shall have the right to impose a charge equivalent to the Service Charges that would be payable if the offer was accepted.
 
12 Force Majeure
The Company shall not be liable for any delay or other failure to perform any services by reason of any cause whatsoever beyond its reasonable control and the time for performance shall be extended by the period of any such delay.
 
13 Confidentiality
 
13.1 Both parties agree to keep confidential the subject matter of the Contract and any information (whether written or oral) acquired by that party in connection with the Contract and not to use any such information except for the purpose of performing its obligations under the Contract.
13.2 Both parties agree that the provisions of Condition 13.1 shall not apply to information already in the public domain other than as a breach of Condition 13.1.
13.3 The restrictions contained in Condition 13.1 shall continue to apply following the termination of the Contract without limit in time..
 
14 Conflict of Interest
 
The Client agrees that the Company shall not be required to disclose to the Client or account to the Client in respect of the Company's interests, such as in relation to advice on marketing or other matters, provided that the Company does not contravene any applicable rules, regulations or codes of conduct.
 
15 Privacy Policy and Data Protection
15.1 All personal data will be held in accordance with the terms of the Company's privacy policy which can be found on the Company's website www.brunelfranklin.com. All data is held in accordance with the provisions of the DPA.
15.2 The Company agrees to comply with any written Data Subject Access Request under the DPA made by the Client for the personal data that it holds subject to any exemptions that may apply from time to time. The Company charges an administration fee of £10 or the fee prevailing from time to time (providing always that this fee shall not exceed the maximum fee permitted under the DPA) for providing this information. The current fee is displayed on the Company's website, www.brunelfranklin.com.
15.3 The Company further agrees to correct any inaccuracies in the Client's personal data held at the request of the Client.
15.4 By acceptance of the Company's privacy policy and unless and until the Company receives written instruction to the contrary, the Client agrees that the Company may share the Client's personal information with banks, Financial Advisers or other relevant institutions and to affiliates, associated companies or firms or service partners for the purposes of assisting the Client with the Client's claim for compensation or any financial matters that the Company believes may be of assistance to the Client. Except as explicitly stated in this condition and the privacy policy, the Company does not disclose to any third party the information provided by the Client.
15.5

The Client acknowledges and agrees that its personal data may be submitted to a credit reference agency and processed on behalf of the Company in connection with the Services.
 
16 Misleading Information
The Company reserves the right to charge the Client for any costs incurred by the Company if any information provided by the Client is misleading or contains material omissions which result in the Company providing the service to the Client, which it would have declined to do, if it had been in possession of the full information.
 
17 Assignment and Sub-Contracting
The Company reserves the right to assign the Contract and all rights under it and to sub- contract to others all or any of its obligations. The Contract is personal to the Client and is not assignable except to the personal representatives of the Client.
 
18 Rights of Third Parties
A person who is not a party to the Contract will have no rights pursuant to the Contracts (Rights of Third Parties) Act 1999 to enforce the Contract.
 
19 Notices

Any notice to be given in accordance with the Contract and these terms and conditions must be in writing.
 
20 Severability
If any provision of the Contract is held by any court or other competent authority to be void or unenforceable in whole or part, the other provisions of the Contract and the remainder of the affected provisions shall continue to be valid.
 
21 Variations
No variation to these conditions shall be binding unless agreed in writing between the Company and the Client.
 
22 Complaints
The Company operates a complaints mechanism, full details of which are set out www.brunelfranklin.com/complaints.
 
23 Waiver
No failure or delay in exercising any of the Company's rights shall constitute a waiver of the same or any other of its rights.
 
24 Law and Jurisdiction

The law applicable to the Contract shall be English law and the parties consent to the jurisdiction of the English courts in all matters affecting the Contract.
 
Definitions used in this Letter of Engagement have the meaning given to them in the Company's attached Terms and Conditions (the “Terms and Conditions”).
 
Services

The Company will consider a claim from a Client for:
(a) the refund of unreasonable or erroneous Credit Card / Bank Charges; and/or
(b) the refund of unreasonable or erroneous Loan Charges; and/or
(c) compensation in respect of a mis-sold PPI (payment/loan protection insurance policy); and/or
(d) compensation in respect of a mis-sold Life Assurance Policy (a whole of life assurance policy). and, if the Company believes that the claim has merits, act on behalf of the Client to seek Compensation.
(e) compensation for any other financial irregularity found.
 
The Company makes no representation or warranty to the Client that Compensation will be obtained or is in any way guaranteed. The Company reserves the right, at any time, and at its sole discretion not to pursue a claim for Compensation and will notify the Client in writing in such case.
 
The Company charges on a no win no fee basis, except that the Company may require payment of Administration Charges (as set out in the letter of authority and Condition 7.6) and it reserves the right to make a charge in certain exceptional circumstances. Full details of such circumstances can be found in Conditions 5.1, 7.4, 7.5, 10.3, 11.3 and 16 of the Terms and Conditions.
 
Service Charges
The Company's Service Charge in relation to claims under (a), (b), (c) and/ or (d) above is 25% of any amount of Compensation plus VAT. A minimum charge of £50.00 is applied to all successful claims.
 
For example, if the Company succeeds in obtaining Compensation of £1,000, the Service Charge would be £250 + VAT = £293.75. The Client would receive £706.25.
 
I/We have read the Terms and Conditions overleaf and note specifically Condition 7 relating to payment obligations and Condition 13 relating to Confidentiality, and agree to be bound by the Company's Privacy Policy, this Letter of Engagement and the Terms and Conditions.
© 2008 Flairford Securities Ltd, trading as Brunel Franklin. Company Number 06576055. Registered in England and Wales

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Flairford Securities Ltd, trading as Brunel Franklin (info@brunelfranklin.com) is regulated by the Ministry of Justice
in respect of regulated claims management activities(CRM13067); its registration is recorded on the website
www.claimsregulation.gov.uk