These are our Terms of Engagement for the appointment of Hayward Marsh LLP to act on the Client’s behalf in all aspects of the administration & negotiation of the claim for Mis-sold Payment Protection Insurance, Mis-sold Endowment Policies, Excessive Credit Card Charges & Mis-sold Mortgages.
1.1 “Claims(s)” means the Client’s claim(s) against the Company relating to unlawful account charges or the sale of unsuitable financial products. It includes claims on the Client’s principal account or policy and any subsequent accounts or policies resulting from further cash advances; account or loan reconstruction;
1.2 “Client” means the policyholder/account holder(s), whose details are set out in the Letter of Authority and who have appointed Hayward Marsh LLP to provide the Services;
1.3 “Company” means the Financial Institution and or persons to whom the Letter of Authority is addressed being the Insurance Company, Bank, Building Society, Credit Card Company or Financial Advisor or any other entity which sold the policy or gave the advice to the Client, or applied the unlawful charges (including for the avoidance of doubt any employee, director, agents, representatives and associates of said entities or any other entity and/or any of their predecessors);
1.4 “Compensation” means the aggregate of any sums paid, awarded or waived at the time of such payment, award or waiver that would not have been paid, awarded or waived if the Claim had not been made. This includes all charges or fees recovered plus interest, premiums & interest paid to the date of settlement, statutory interest payable on each premium to the date of settlement and any other amount, including rebates or any reduction of debt as a result of Hayward Marsh submitting a complaint;
1.5 “Hayward Marsh LLP” means this firm, a limited liability partnership and a third party claims handler, registered with number OC363945 having its registered office at Portal House, Sunderland Quay, Rochester, Kent, ME2 4HN;
1.6 “Fee” means the fee of 35% including VAT at 20% of the Compensation (as defined in section 1.4) paid by the defendant financial institution. The fee is payable to Hayward Marsh LLP for the Services carried out by it. For example, if we recover £1,000 compensation, our fee would be £350.00 (inclusive of VAT) and you would receive £650.00;
1.7 “Letter of Authority” means the letter included in the claim pack to be sent to the Company from the Client;
1.8 “Services” means the services provided by Hayward Marsh LLP including assessing the viability of, preparing, submitting and negotiating your Claim;
1.9 “Cancellation fee” means the fee applicable on the cancellation of the contract as set out in 3.6 below. The basic rates used for this calculation are £30 per hour for Administrators, £50 per hour for Claims Handlers and £120 per hour for Partners and Senior Managers.
1.10 “Terms” means these terms of engagement.
2. Conduct of Engagement
2.1 By signing and returning the Letter of Authority, the Client hereby agrees to be bound by the Terms and appoints Hayward Marsh LLP to provide the Services for such period as to allow Hayward Marsh LLP to assess, and if reasonably possible, to complete the Claim.
2.2 By signing and returning the Letter of Authority, the client authorises Hayward Marsh LLP to refer the Claim to the Financial Ombudsman Service or to a Solicitor if this is believed by Hayward Marsh LLP to be in the client’s best interest.
3. The Client will:
3.1 by completing and signing the Letter of Authority give Hayward Marsh LLP his/her/their consent and full authority to deal with the Company on the Client’s behalf and to obtain relevant information from whatever source on a continuing basis;
3.2 deal promptly with every reasonable request by Hayward Marsh LLP for authority, information and documents and further instructions that Hayward Marsh LLP may from time to time require. Failure to do so will give Hayward Marsh LLP the right to terminate this Agreement forthwith and the Client will reimburse Hayward Marsh LLP its reasonable costs incurred in pursuing the Claim to the date of termination;
3.3 promptly inform Hayward Marsh LLP of any relevant matters affecting the Claim;
3.4 hereby assign his/her/their entitlement to any Compensation to Hayward Marsh LLP. The Client hereby agrees to the Company remitting the Compensation to Hayward Marsh LLP and for Hayward Marsh LLP to retain the Fee before paying the balance of the Compensation to the Client. Notwithstanding such agreement, should the Compensation be paid direct to the Client, Hayward Marsh LLP will invoice the Client for the Fee which will become immediately due and payable by the Client to Hayward Marsh LLP. If this fee is not paid in full within 14 days of the dated invoice it shall be deemed a termination of the Agreement and will be fall under clause 3.6 below;
3.5 give Hayward Marsh LLP the right to deal exclusively with the Claim, unless otherwise agreed in writing by the Client and Hayward Marsh LLP.
3.6 subject to clause 3.7 below, if this Agreement is terminated by the Client for any reason, pay Hayward Marsh LLP either its reasonable costs incurred in pursuing the Claim to the date of termination (cancellation fee), or if the Claim has already been submitted by Hayward Marsh LLP and Hayward Marsh LLP proceeds with the Claim and the Claim is successful, the full fee or the cancellation fee, whichever is the greater;
3.7 if the Client terminates this Agreement and Hayward Marsh LLP proceeds with the Claim, if the Claim is unsuccessful and no Compensation is payable to the Client, the Client will not be liable to pay a fee or the cancellation fee referred to in clause 3.6 above or any monies whatsoever in respect of the Claim;
3.8 for the avoidance of doubt not be liable for any charge in respect of the Claim if the Claim is pursued and the Company pays no Compensation;
3.9 give Hayward Marsh LLP the right to cancel the PPI policy from the start of the claims process.
4. Hayward Marsh LLP will:
4.1 rely on the information and documents provided by the Client to Hayward Marsh LLP as being true, accurate, and complete. Hayward Marsh LLP will not audit, test or check such information or documents except where it is under a legal obligation to do so;
4.2 use all reasonable endeavours to obtain the maximum Compensation for the Claims which are pursued;
4.3 accept no liability for an unsuccessful Claim or for the amount of Compensation paid to the Client;
4.4 promptly notify the Client if the Claim is not to be pursued. It is at Hayward Marsh LLP’s sole discretion to decide whether or not to proceed with the Claim at any time during the claims process but Hayward Marsh LLP must act reasonably in taking any such decision
4.5 promptly notify the Client of the outcome of the Claim;
4.6 as soon as is reasonably practicable following the settlement of a Claim and the payment of Compensation by the Company to Hayward Marsh LLP, pay the Client the balance of the Compensation, after deducting the Fee;
4.7 preserve confidentiality, including the Client’s personal information (even when this Agreement has terminated and the Client is no longer a client), save as expressly or implicitly authorised to the contrary including where disclosure is made at the Client’s request or with the Client’s consent in relation to pursuing the Claim or where otherwise required by law.
5.1 Hayward Marsh LLP accepts no liability for any loss suffered by the Client by entering into this Agreement and specifically in the event that no Compensation is paid to the Client by the Company. Any claim by way of consequential damage arising out of any act or omission or commission by Hayward Marsh LLP is specifically excluded.
5.2 You are aware that you could complain directly to the Company at no cost, with the ability to take matters further with the Financial Ombudsman Service yet still wish to pursue your complaint via Hayward Marsh LLP.
5.3 Please note your loan or credit card provider may use some or all the compensation to reduce any outstanding loan or debt balance.
5.4 Please note you have 14 days (which starts from the date you signed the authority) to cancel your authority, instructing us to act on your behalf.
5.5 Full details of Hayward Marsh LLP’s internal complaints handling procedures are set out below.
5.6 Hayward Marsh LLP is regulated by the Ministry of Justice in respect of regulated claims management activities; our authorisation number is CRM 27139.
6. Complaints Procedure
Our aim is to handle your complaint fairly, consistently and quickly, in particular ensuring that we understand the nature of your concerns and the redress you are seeking.
6.1 How to contact us:
Letter - Hayward Marsh LLP, Portal House, Sunderland Quay, Rochester, Kent, ME2 4HN
Telephone – 01634 733133
Fax – 01634 733150
Email – email@example.com
6.2 Acknowledging your complaint.
We will send an acknowledgement within 5 business days from receipt of your complaint.
6.3 Investigating your complaint.
Your complaint will be investigated by a senior case handler and overseen by the compliance officer and our office manager. We will be as thorough as possible and aim to resolve your complaint promptly, giving you reasons for our decision.
If we are unable to send you a final response within 4 weeks, we will contact you and explain why. We will then endeavour to issue our final response within the next 4 weeks.
6.4 Informing you of our decision.
We will write to you with a full account of our investigation and our decision.
6.5 If you remain unhappy.
Our final response will include details of your options if you are not happy with the outcome of the investigation, or we have been unable to reach a decision within the timescales given.
7. Governing Law
7.1 This Agreement shall be subject to the laws of England and Wales.
8. How your compensation will be paid.
8.1 The Company, and not Hayward Marsh LLP, will decide how they award the Client their Compensation depending on whether the loan or credit agreement that the Claim relates to has been repaid in full.
8.2 The Fee (as defined in section 1.6) charged by Hayward Marsh LLP for a successful Claim will be the same, regardless of how the Company chooses to pay the Client their Compensation.
8.3 Example 1 – The Client has fully repaid the loan related to the PPI policy that the Claim is being made for. The Company decides to pay the entire Compensation of £2500 to the Client as “cash in hand” so the Client receives a cheque for the full £2500. Hayward Marsh LLP would charge a total Fee of £875, which is 35% (including VAT at 20%) of the Compensation.
8.4 Example 2 – The Client still owes the Company £5000 on the loan related to the PPI policy that the Claim is being made for. The total Compensation owed to the Client by the Company is £2500. The Company decides to pay £1500 to the Client as “cash in hand”, and to reduce the amount owing on the loan by £1000. In this case the Client receives a cheque for £1500 and now owes the Company the reduced amount of £4000 on the loan. Hayward Marsh LLP would charge a total Fee of £875, which is 35% (including VAT at 20%) of the Compensation.
8.5 Example 3 – The Client is in arrears to the value of £3000 on the loan related to the PPI policy that the Claim is being made for. The total Compensation owed to the Client by the Company is £2500. The Company decides to use the entire £2500 Compensation to reduce the arrears on the loan. In this case the Client would now be in arrears to the reduced value of £500 on the loan related to the PPI policy that the Claim is being made for. No cheque would be sent to the Client. Hayward Marsh LLP would charge a total Fee of £875, which is 35% (including VAT at 20%) of the Compensation.
9. Interest & Late Payment of Fees: Without prejudice to any other right or remedy Hayward