1.1. TERMS AND CONDITIONS
I/we hereby appoint Guardian Claims Management Services Limited to act on my/our behalf as my/our sole representative in respect of my/our claim for any fees levied or applied to my/our bank accounts, credit cards or store accounts or any mis-sold Payment Protection Insurance. I/we shall provide all information required by Guardian Claims Management Services Limited as requested by return. I/we agree to forward all details received (including an agreement) from the bank or lender. I/we shall not enter into any agreement with the Bank/Lender without first consulting Guardian Claims Management Services Limited who will assist in ascertaining whether the offers from the lender or bank comply with the FOS and FSA guidelines. I/We understand the decision to accept or reject an offer is solely my/our decision, regardless of the advice received from Guardian Claims Management Services Limited.
Guardian Claims Management Services Limited process and manage all cases in house, we do not have any relationships with Solicitors and do not refer cases to third Parties other than the FOS or FSCS.
Guardian Claims Management Services Limited have the right to cancel this agreement at anytime and no fee will be payable by you if; we think there are no grounds for a complaint or that your claim is unlikely to succeed, or if there occurs any material breach by the client of any term of the contract; for example failing to inform Guardian Claims Management Services Limited that the client is in bankruptcy or debt management, or if the client provides false information/documentation/testimony regarding their claim, thus rendering their claim void. If the client is adjudicated bankrupt during the claims process Guardian Claims Management Services Limited reserve the right to terminate the contract.
2.2. The Client has a right to cancel the contract with in the first 14 days without incurring any costs. In the event that the Client terminates the contract after 14 days, Guardian Claims Management Services Limited reserve the right to request a reasonable and proportionate cancellation fee that will reflect the work undertaken by us in pursuit of your claim. The cancellation of this contract by the client must be requested in writing.
3.1. LAW & JURISDICTION
The law applicable to this contract shall be English law and the parties consent to the jurisdiction of the English courts in all matters affecting this contract. 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, at its sole discretion, not to pursue a claim for compensation and will notify the client in writing.
For successful cases our fee is 20% of the compensation awarded to the client due within 14 days of client receiving monies from the lender. PLEASE NOTE if the client feels they will not be able to pay in full within 14 days, we will advise the client does not begin the claims process with Guardian Claims Management Services Limited, in order to prevent the aggravation of their financial situation. If the client insists on pursuing the case, we may devise a monthly instalment payment plan with the client.
Guardian Claims Management Services Limited will endeavour to recover all monies owed to clients by the Banks and Lenders and will endeavour to forward any payment from our bank to the client within 7 days from the date received, after deducting the agreed fee of 20% of the amount recovered Example: Compensation Awarded is £500, our fee is £120 (20% of the compensation). Where any compensation is used to pay off arrears, or where the client has an IVA, or is in a debt management plan, the Client will still be liable to pay the full 20% to Guardian Claims Management Services Limited, please see transparency of fees below. In normal circumstances, should you receive compensation payment direct, payment of our fee should be paid to us within 14 days of you receiving the monies.
If in the event of a successful case, the client fails to pay the agreed fee of 20%, Guardian Claims Management Services Limited reserve the right to charge a reasonable and proportionate administrative cost of pursuing the outstanding invoice.
5.1. TRANSPARENCY OF FEES
We will ensure that our fee structure is clear, transparent, fair and not misleading. The service that you will receive from Guardian Claims Management Services will be one that meets the needs of the Client.
OUR FEES EXPLAINED
All compensation is “cash in hand” Example B:
Compensation includes “cash in hand”
award with loan and future instalment
reduction Example C:
Compensation is used to offset arrears
consumer has on credit card or loan
Total Compensation: £3,000 Total Compensation: £3,000 Total Compensation: £3,000
Of which cash is £3,000 Of which cash is £1,000 Of which cash is £0
Loan reduction £2,000 Set off arrears £3,000
Fee charged @ 20% £600 Fee charged @ 25% £600 Fee charged @ 20% £600
Total Fee £600 Total Fee £600 Total Fee £600
Client receives £2,400 Client receives £200 Client pays £600
(and no reduction in loan as it is already paid off in full) (and a reduction of £2,000 in future
loan instalments) (and a reduction of £3,000 on their
5(2) PLEASE BE AWARE OF THE FOLLOWING:-
5.2(a) Guardian Claims Management Services Limited DO NOT accept cases that are in arrears, unless the matter is discussed with our office.
5.2(b) Should your account be in arrears or in a status of default, the lender WILL in most cases offset any arrears.
5.2(c) Any PPI compensation on a credit card is usually set off against any outstanding balance, whether the account is in arrears or not. We will try and ensure that your credit limit is left intact as in some instances the credit limit can be automatically reduced.
5.2(d) Where clients are in arrears, with or without the knowledge of the business, charging fees on compensation that is not ‘cash in hand’ can result in the fees charged being greater than the ‘cash in hand’ compensation awarded as in Example C above. The fee is still payable to and thus may cost the client money, rather than deducted from the compensation received. If a client is in an IVA or is in debt management, or believes they cannot afford the 20% management fees, we advise that the claim is pursued by the client individually using free services such as the Citizen’s Advice Bureau and not through Guardian Claims Management Services Limited.
5.2(e) However if the client persists and is adamant they can afford the possible fees in these circumstances, Guardian Claims Management Services Limited will discuss the matter individually with each client and will endeavour to create a manageable payment plan with the client, in the event of a successful case.
Guardian Claims Management Services Limited has an internal complaints procedure. All complaints should be made in writing to: Compliance Officer, Guardian Claims Management Services Limited, Guardian House, 11 Primrose Bank, Oldham, OL8 1HQ.