Terms of Engagement Free Check
FREE CHECK TERMS OF ENGAGEMENT:
BY COMPLETING, SIGNING AND RETURNING THE FORM OF AUTHORITY YOU ARE APPOINTING BRUNEL FRANKLIN TO COMPLETE YOUR FREE CHECK FOR MIS-SOLD PAYMENT PROTECTION INSURANCE (PPI), UNFAIR/UNLAWFUL CHARGES, EXCESSIVE SECRET COMMISSIONS, AND/OR OTHER FINANCIAL IRREGULARITIES AND AGREE TO BE BOUND BY THESE TERMS OF ENGAGEMENT:
1. What WILL Brunel Franklin do for the Free Check?
- Contact and deal with the financial institution to whom the Form of Authority is addressed so as to make a data subject access request (“DSAR”). You understand you could have done this yourself but have chosen to use the services of Brunel Franklin (“BF”).
- Rely on the information and documents provided by you as being to the best of your knowledge, true, complete and accurate.
- Endeavour to notify you, free of charge, when any of your policies or accounts we locate included PPI, unfair/unlawful charges, excessive secret commissions, and/or other financial irregularities.
- Try to notify you if potentially unclaimed PPI, unfair/unlawful charges, excessive secret commissions, and/or other financial irregularities is/are not identified on any policy or product.
- If PPI, unfair/unlawful charges, excessive secret commissions, and/or other financial irregularities is/are found you may choose to utilise the claims service provided by BF as outlined in 2 below, or you may choose to complete the claim yourself.
2. What WILL Brunel Franklin do for you?:
- If BF finds PPI, unfair/unlawful charges, excessive secret commissions, and/or other financial irregularities after conducting the Free Check, we will send you notification along with documentation for you to complete and return to us. We will not process your claim until we receive your instruction to commence a claim for mis-selling of PPI, unfair/unlawful charges, excessive secret commissions, and/or other financial irregularities either by returning the completed documentation sent to you for completing on advising you we have found PPI, unfair/unlawful charges, excessive secret commissions, and/or other financial irregularities or by confirming over the phone your wish to engage the services of BF to make a claim on your behalf. Completing the documentation or giving a telephone instruction to make a claim is your instruction to BF to pursue the claim(s) on your behalf and you agree to be bound by these Terms of Engagement.
- Following receipt of your instruction, BF will conduct a short consumer questionnaire (“CQ”) with you which will enable us to assess your claim and, if appropriate, pursue a claim for the recovery of your losses, including any unfair/unlawful charges to your credit or debit card or any related account.
- 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 BF, 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.
3. 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 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).
4. What do we require you to do?
- Provide all relevant information we may request without delay, to enable us to pursue your claim efficiently.
- Fully cooperate with us and not to mislead us or ask us to act in an improper or unreasonable way.
- Provide details of who to contact with the results of the Free Check. You agree that such person shall have full permission to authorise us to proceed with any potential claim identified as a result of the Free Check even if such person is not the policyholder.
- If you do not return the CQ by post, but complete it over the phone with BF, you agree to be bound by these Terms of Engagement.
- 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 BF 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.
5. 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 to 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 personal data to such third parties in order for them to perform their services.
6. Our Fees:
- If we do not succeed in obtaining Redress, you pay us nothing.
- ‘Redress’ means the total amount paid or given as settlement by your lender including any interest payments and associated charges, or the total refund offset against outstanding balance on your loan or card finance, including any arrears thereon.
- We charge 33% +VAT at the prevailing VAT rate of 20% (total charge 39.6% incl VAT). So, if Redress of £1,000 is awarded, our fees would be £330 plus £66 VAT totalling £396. You would receive £604. Please note BF's fees are due on the total amount of PPI/Secret Commission Redress prior to HMRC's tax deduction.
- Without exception, all invoices must be paid in full within 14 days of receipt of funds.
- We reserve the right to charge an administration and collection fee for late payments of £24 incl VAT per case up to a maximum of £120 incl VAT.
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.
7. 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 settlement. Your award could come in several different ways.
How your redress will be paid.
You requested that any settlement payment be made directly to us, BF. If the third party complies with this instruction, our agreed fees will be deducted from the settlement 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 settlement monies to us and send the cheque directly to you. In the event this happens, you should notify BF that the funds have been received. We will then forward you an invoice for payment within 14 days.
8. 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 £72 incl. VAT per hour up to a maximum fee of £360 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 Free 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 4 of this Agreement.
9. Excessive Commission
- The FCA has advised all firms to write to customers who previously complained about PPI, and were rejected, and who may now be eligible to make a commission related complaint. Customers can make the claim themselves or use a claims management company like Brunel Franklin to do it for them. Brunel Franklin will charge a fee up to 39.6% incl VAT for this service.
- Redress is paid on the balance of any undisclosed commission above 50% along with the interest accrued, and, in many cases, a further interest of 8% on this figure.
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 970 2222
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 January 2018