Terms of Engagement
PLEASE TAKE SOME TIME TO REVIEW OUR STANDARD TERMS OF ENGAGEMENT FOR MIS-SOLD PAYMENT PROTECTION INSURANCE (PPI), UNFAIR/UNLAWFUL CHARGES, EXCESSIVE SECRET COMMISSIONS, AND/OR OTHER FINANCIAL IRREGULARITIES:
1. What WILL Brunel Franklin do for you?:
- Contact the relevant lender to check whether or not there has or ever has been PPI, unfair/unlawful charges, excessive secret commissions and/or other financial irregularities added to your agreement (‘The Check’).
- Assess your claim, and if appropriate, pursue a claim for the recovery of your losses on your behalf.
- Deal with all areas of your claim, including all correspondence and negotiations where required with relevant companies and/or institutions. It may be necessary for us to obtain further signed documentation to make this possible.
- If needed, and with your consent, we will pursue your claim with the Financial Ombudsman Service, the Financial Services Compensation Scheme (or other regulatory body) at no additional cost to you.
- Inform you of any/all offers of settlement we receive, evaluate them and inform you in writing whether we consider you should accept or reject the offer.
- Always act in your best interests when pursuing your claim(s) and achieving for you the best results realistically obtainable.
- If, as per your instruction, the recovered amount is paid directly to Brunel Franklin, we will deduct our agreed fee and forward the rest of the amount awarded to you without delay.
- If the payment is made directly to you, which can happen, we will forward an invoice to you for payment within 14 days of receipt of funds.
- We must inform you that if your claim is successful, your Payment Protection Insurance will be cancelled.
2. What WON’T Brunel Franklin do for you?:
- Guarantee to win a claim we accept and pursue.
- Give/offer you financial and/or legal advice.
- Pursue a claim that in our opinion has no realistic chance of success or economic level of redress, and we reserve the right to cancel this Agreement if we form this opinion.
- Tell you to accept an offer we consider insufficient or to reject an offer we consider adequate. We reserve the right to cancel this Agreement if you decide to accept an offer of Redress we consider insufficient or to reject an offer we deem to be adequate.
- Accept an offer of Redress on your behalf without your agreement.
- Take your case to court (although we will inform you if we think you should).
3. What do we require you to do?:
- Provide all relevant information we may request without delay, to enable us to pursue your claim efficiently.
- Provide us with clear instructions.
- Fully cooperate with us not to mislead us or ask us to act in an improper or unreasonable way.
- Read all claims documentation carefully and retain copies of them.
- Provide us with, and ensure that we have, exclusive authority for the duration of the contract: (a) to pursue your claim, (b) to enter into correspondence and negotiations on your behalf, (c) to receive, process and provide valid receipt for any remuneration made, (d) to ask the financier of the cheque (for your Redress payment) to make it payable to Brunel Franklin so we can process it or, if the cheque is made payable to you, to pay it into a client account and (e) to deduct our fee, as set out in this Agreement, before forwarding the balance to you.
- If payment is made directly into your bank account, you must pay our invoice within 14 days of receipt of funds.
4. Data Protection:
We will hold, control and process your personal information in accordance with the Data Protection Act 1998. By providing your personal information to us, you explicitly authorise us to process the information for the purposes set out in this paragraph. You can, at any time, request a copy of all information we hold relating to you by writing to us (a written Data Subject Access Request in accordance with the Data Protection Act). You will be charged an administration charge of £10.00 for this. We will use the personal information you provide to assess your claim and carry out our duties in accordance with this Agreement. We may share your personal information with other companies if necessary during the process of your claim for Redress. If you provide information to us about another party, you confirm that such party authorised you to do so and consents to our processing that personal information. We reserve the right to assign the fulfilment of any of the responsibilities under this Agreement to a third party. We will not do so without informing you in writing, and in such event, it will be necessary to send your private data to such third parties in order for them to perform their services.
5. Our Fees:
- If we do not succeed in obtaining Redress, you pay us nothing.
- ‘Redress’ means the total cash received, or the total refund offset against arrears on an outstanding balance, or a combination of both. We would not charge for any reduction in monthly payments.
- Redress includes payment against arrears but does not include removal of unpaid premiums from loans.
- We charge 39.6% incl. VAT. The current rate of VAT is 20%. So, if Redress of £1,000 is awarded, our fees would be £330 plus £66 VAT totalling £396. You would receive £604.
- Without exception, all invoices must be paid in full within 14 days of receipt of funds.
The costs of any third party debt recovery and County Court action will be added to the outstanding debt together with statutory interest, pursuant to Section 69 of County Courts Act 1984 until the debt is paid in full.
6. How will Brunel Franklin collect our fees?:
You are responsible for the payment of our fees within 14 days of receipt of funds for the agreed Redress. Your award could come in several different ways.
How your Redress will be paid.
You requested that any Redress payment be made directly to us, Brunel Franklin. If the third party complies with this instruction, our agreed fees will be deducted from the Redress amount prior to us sending you your Redress. This will be sent to you in the form of a ‘Brunel Franklin Client Account Cheque’. However, in many cases, the third party will disregard your instruction to send Redress monies to us and send the cheque directly to you. In the event this happens, you should notify Brunel Franklin that the funds have been received. We will then forward you an invoice for payment within 14 days.
7. Cancelling & Termination:
- Commencing on the date you sign our letter of engagement or authorise us to look in to making a complaint on your behalf, whether in writing, telephone or email, you have 14 days to cancel this Agreement and Authority to act. In such event, you may cancel without charge (‘Cooling-off Period’). To exercise your right to cancel you must inform us of your decision to cancel by making a clear statement by letter, email, telephone or you can also use the cancellation form available on our website (but you are not obligated to use this). If you provide your notice of cancellation in writing, please ensure this is sent to Brunel Franklin, 4th Floor, The Bloc, Ashley Road, Altrincham, Cheshire, WA14 2DW and we would strongly advise you to retain proof of postage of this notice.
- You may cancel this Agreement by informing us of your decision to cancel at any time.
- If you cancel this Agreement outside the Cooling-off Period you may be responsible for payment of our fees. If we have not succeeded in obtaining Redress for you by the date of cancellation, we reserve the right to invoice you for administration costs charged at the rate of £60 incl. VAT per hour up to a maximum fee of £300 incl. VAT per complaint. If this Agreement is cancelled (by either party) when an offer of Redress has been made which is consistent with the Financial Ombudsman Service or Financial Conduct Authority guidelines, we will enforce our charges of 39.6% incl. VAT. There will be no cancellation fees payable on a specific case if you cancel prior to the completion of The Check for that lender.
- We can cancel this Agreement at any time by notifying you in writing. There will be no fee payable if we tell you your claim is unlikely to succeed and you have fulfilled your obligations as laid out in Section 3 of this Agreement.
How can I make a complaint?
A complaint can be made by any reasonable means, either by letter, telephone, email or in person. You can complain in writing to:
Customer Relations, Brunel Franklin, 4th Floor, The Bloc, Ashley Road, Altrincham, Cheshire WA14 2DW
or by telephone: 0800 051 54 51
or by email: CustomerRelations@brunelfranklin.com
What happens next?
On making a complaint you will receive an acknowledgment either in writing or by email within 5 working days of receipt. Our Customer Relations Department will thoroughly investigate your concerns and a full and final response will be issued within 8 weeks. All complaints will be investigated by a person of sufficient competence who was not directly involved in the matter which is the subject of the complaint. Whoever investigates the complaint will have the authority to settle the complaint. If, after 8 weeks, we are not in a position to issue a final response we will provide reasons for the delay and indicate, in writing, when we expect to be able to issue our final response. Where we decide that redress is appropriate, we will provide you with fair Redress for any acts or omissions for which we are responsible and will comply with any offer of redress which you accept.
If we do not hear from you within 14 days of receiving our response, we will assume that your complaint has been resolved and your file will be referred back to the relevant department.
I’m not satisfied with the response - what can I do?
If you have received our final response and still consider your complaint to be unresolved you have the right to refer your complaint to the Legal Ombudsman. The Legal Ombudsman can investigate complaints up to six years from the date of the problem happening or within three years of when you found out about the problem. You have 6 months after our final response has been issued to complain to the Legal Ombudsman. You can contact them as follows:
In writing: Legal Ombudsman, PO Box 6804, Wolverhampton, WV1 9WG
Telephone: 0300 555 0333
Updated November 2017