Unfair Credit Agreement Promo Application Pack

Transcription

1 Unfair Credit Agreement Promo Application Pack Contents: Page: Cover Page 1 Understanding Claims Management 2 Understanding The Claims Process 3 The Claims Process Work Flow 4 Complaints Handling Procedure 5 Client Disclaimer & Audit Confirmation 6 About You 7 Loan & Credit Card Questionnaire: 8-9 fill out one form for each credit card or loan Section 77/78 Form: 10 fill out one form for each credit card or loan Form of Authority: 11 fill out one form for each credit card or loan Please fill in, sign and date the above forms and return to: Debt Clear Solutions Ltd Suite 501 International House 223 Regent St London W1B 2QD By signing the Client Disclaimer you are entering into a legally binding agreement with Debt Clear Solutions Ltd. Regulated by the Ministry of Justice in respect of regulated claims management activities. Auth. : CRM15623

2 Understanding Claims Management Claims management covers a range of compensation claims including: Personal injury Criminal injuries compensation Employment matters Housing disrepair Financial products Industrial injury disablement benefits Claims Management is not the same as Debt Management: we do not negotiate debt liabilities with lenders to achieve an affordable payment plan or arrange long term payment plans; nor do we arrange IVA s or bankruptcy. Debt Clear Solutions Ltd, specialises in Financial Claims Management, which is a process of assessing credit card and loan credit agreements issued under the Consumer Credit Act We recognise that a percentage of credit agreements issued by lenders do not conform to the Consumer Credit Act 1974, an Act put into place to protect the consumer. Once we establish a fault, we can challenge the lender on the grounds that the agreement is not valid and therefore potentially unenforceable. This is the fault of the lender and they must be held accountable for their actions. Debt Clear Solutions Ltd is regulated by the Ministry of Justice in respect of regulated claims management activities. Registration Number: CRM15623 Ministry of Justice Who authorises claims management businesses? The Secretary of State for Justice is the Claims Management Regulator in England and Wales. The Ministry of Justice Regulation is placed upon authorised companies who act on behalf of the client in making a claim. The regulator places rules and conditions, which protect the client from rogue companies or companies who act inappropriately. At Debt Clear Solutions Ltd, we have a team of specialists with professional experience in financial services, and extensive knowledge of consumer credit law. We believe that any ethical business should embrace regulation and look upon it as a mark of credibility. Regulated by the Ministry of Justice in respect of regulated claims management activities. Auth. : CRM15623

3 Understanding the Claims Process The following flow is designed to offer the client a rough guide to timescales within the process and how the work process operates: 1. The client receives our Unfair Credit Agreement Information Pack, either by or by mail, and, after speaking with one of our Claims Specialists, decides to proceed with an audit of one or more credit agreements. Debt Clear Solutions Ltd sends the client an Application Pack, which the client completes and signs and returns with payment of per credit agreement in order to proceed. Once Debt Clear Solutions is in receipt of the documentation, the Client is noted as being within the 14 day cooling off period. 2. Once the Application Pack is received from the client and the 14 days has passed the file will be opened and the requests for information sent to the lender. 3. The lender is allowed a 40 day period to provide this information. If they do not respond, a default letter is issued allowing 14 days to respond, after which a final notice is issued giving a further 14 days to respond. These timescales are necessary as evidence to the court that all attempts to obtain the information have been exhausted. 4. If the lender does respond to the request for information, the file is sent to our sister company who conducts a full assessment of the agreement. This can take up to 21 days depending on the complexity of the agreement; remember, this is to ensure that when the case is submitted to the Solicitor to issue proceedings it must be substantial. If the result of the evaluation ( Audit ) signifies there is no viable claim, the fee will not be refunded to the client. 5. The case is submitted for allocation to the Panel of Solicitors who evaluate the quality of the case prepared and then decide if they wish to accept it. This can take 5-7 days and the Solicitor may take advice from Counsel. They may also refer the case back to Debt Clear Solutions for further information. This may take a further 2-3 weeks if they require more information before the case is represented to the Solicitor Panel for allocation. 6. Once the Solicitor accepts the case, the client will receive Conditional Fee Agreement forms to sign for the Solicitor. They will then start the legal process against the lender. Depending on the responses received, as this is governed under Law Society rules, it can realistically take 3-5 months before achieving a result. The overall time scale for any claim must allow a minimum of 6-9 months, but in some cases may take longer depending on: the complexity of the claim, the lender being challenged, and the legal process. NOTE: This guide is intended for information purposes, with approximate timescales only. Under no circumstances does it constitute an agreement or binding contract. Debt Clear Solutions Ltd cannot be held responsible for any delays or unforeseen events that may occur during any claim. Regulated by the Ministry of Justice in respect of regulated claims management activities. Auth. : CRM15623

4 The Claims Process Work Flow Stage 1: Client returns application pack & pays agreed fee to DCS. Stage 2: (14 day cooling off period) Client logged on to DCS system & request made to Lender for true copy of Client s Credit Agreement(s). Stage 3: Lender responds. File is passed for assessment of agreement. Stage 3a: Lender defaults on request for information. Default letter sent. Stage 4a: Audit reveals no viable claim. Stage 4: Audit reveals breaches. Summary produced. Stage 5b: Client is informed. ne Refundable. Stage 5a: Introducer commission paid. Stage 5: Case allocated to Solicitor to issue proceedings. Stage 6: Case won in favour of claimant: outstanding balance cleared to zero. Regulated by the Ministry of Justice in respect of regulated claims management activities. Auth. : CRM15623

5 Complaints Handling Procedure 1. Complaints made with any reference to any claims services we have provided to you, which is regulated under the Compensation Act 2006, may be made in writing, by , by telephone or fax. For clarification, written details will be requested by the Company, and the complaint logged. 2. We reserve the right to disregard a complaint that is made more than six months after the cause of the complaint. There may be instances where we shall, at our discretion, waive this right. We will inform you in writing if a complaint has been made outside of this time limit. 3. We will send you a written or electronic acknowledgement of a complaint within five business days of receipt, identifying the person who will be handling the complaint for the business. Wherever possible, that person will not have been directly involved in the matter which is the subject of the complaint, and will have authority to investigate and bring the complaint to a satisfactory conclusion. 4. Within four weeks of receiving a complaint, we will send you either; a) a final response which adequately addresses the complaint; or b) a holding response, which explains why we are not yet in a position to resolve the complaint and indicates when we will make further contact with you. 5. Within eight weeks of receiving a complaint we will send you either; a) a final response which adequately addresses the complaint; or b) a response which: i. explains why we are still not in a position to make a final response, giving reasons for the further delay and indicating when we expect to be able to provide a final response; and ii. informs you that you may refer the handling of the complaint to the Claims Management Regulator if you are dissatisfied with the delay. 6. Where we decide that redress is appropriate, we will provide you with fair compensation for any acts or omissions for which we are responsible and will comply with any offer of redress, which you accept. Appropriate redress may not always involve financial redress. 7. If you are not satisfied with our response, or if a complaint is not resolved after eight weeks, you may refer the complaint to: Claims Management Regulator Tel: PO Box 7824 Burton on Trent Staffordshire DE14 9DP info@claimsregulation.gov.uk The Regulator can review the handling of the complaint and can give a direction on further handling of the complaint. However, he cannot determine a compla int or a n a w a rd. Regulated by the Ministry of Justice in respect of regulated claims management activities. Auth. : CRM15623

6 Client Disclaimer and Audit Confirmation I/We wish to confirm that I/We have read all the relevant paperwork and documentation supplied by Debt Clear Solutions Limited in respect of m/your claim. I/we also confirm my/our comprehension of all verbal advice and information whether in person or by telephone including, but not limited to, the following: I/We must wherever possible continue to maintain my/our contractual obligations on any relevant current credit agreements that I/we have in place whilst my/our claim is in process. In the event that my/our personal circumstances hinder or prevent me/us from being able to maintain said payments, Debt Clear Solutions Ltd will not accept any liability in respect of lender actions or other agencies pursuing means of obtaining payment. r will Debt Clear Solutions Ltd accept any liability in the case of legal action being instigated or any adverse effects to my/our credit file. In any case, I/we indemnify Debt Clear Solutions Ltd of any liability as a result of any nonpayments. I/we understand that I/we may be sent forms from Debt Clear Solutions Ltd at any time during the claim process as part of the ongoing claim and that I/we am wholly responsible for the completion and return of the forms to assist in the claim process. The fee of 95.00, per credit agreement, payable upfront, is the only fee payable to Debt Clear Solutions Ltd. NO FURTHER FEES will be charged in relation to my claim. The claim is NOT guaranteed to be successful and the fee is NON REFUNDABLE. Debt Clear Solutions Ltd has a complaints handling procedure which states that if at any time I/we have reason for complaint or if I/we am not satisfied for any reason, I/we will, in the first instance, illustrate my concerns in writing to: Mr A Mason (Compliance Manager) Suite 501, International House 223 Regent St London, W1B 2QD I/We understand that if my enquiry was introduced to Debt Clear Solutions Ltd from a third party who is registered to refer clients to Debt Clear Solutions Ltd, that Introducer will be paid for the referral upon acceptance of my/our full application to proceed. I/We have read and agreed to the terms and conditions as set out and illustrated in the Unfair Credit Agreement Information Pack. Applicant Signature (1): Date: Applicant Signature (2): Date: Please complete, sign and date this form and return to Debt Clear Solutions Ltd. Regulated by the Ministry of Justice in respect of regulated claims management activities. Auth. : CRM15623

7 About You Full Name(s) (not initials please) Client 1 Client 2 Contact Telephone(s) Address Date(s) of Birth Best Time to Call Best Person to Contact (H).. (W).. (M).. (H).. (W).. (M).. Correspondence Address (including post code) Legal Expense Insurance Do you have any Legal Expense Insurance? Eg. Under Home/Motor Insurance/through your employer or Trade Union. If yes, please provide details below: Insurance Company: YES NO Insurance Company Address: Insurance Company Tel : Insurance Policy Number: If this claim pack has been completed in the presence of a Claims Assistant, the Claims Assistant should add his/her stamp or name, address & telephone number here. Regulated by the Ministry of Justice in respect of regulated claims management activities. Auth. : CRM15623

8 IMPORTANT DECLARATION: Loan / Credit Card Questionnaire Please complete one Questionnaire PER Loan I DO / DO NOT (PLEASE CIRCLE AS APPROPRIATE) HAVE A COPY OF THE LOAN AGREEMENT.... (PLEASE SIGN ABOVE TO CONFIRM THE DECLARATION) If you do have a copy, please send it to us attached to this questionnaire. If you do not have a copy, don t worry. We can still investigate your claim. In either case, please answer the below questions as fully as possible. Credit Agreement Information 1 Are you currently in an IVA, debt management program or bankrupt? 2 What is the Loan / Credit Card Number? 3 Name of the lender? 4 If a Loan, how much did you borrow? 5 Term of the Loan? Years 6 Was the Loan or Credit Card taken out before 6th April 2007? 7 Has your Loan / Credit Card been repaid in full? 8 How much is left to pay on the Loan / Credit Card? 9 Is there nine months or more of repayments remaining on your Loan? Payment Protection Insurance Information Does the Loan / Credit Card have Payment Protection Insurance? If NO go to question 25 Were you told you had to have PPI cover to get your Loan / Credit Card? Was the PPI cover added to your loan / credit card without your prior knowledge? 13 Was the full cost of the PPI policy explained to you? Were you asked whether you had existing protection to cover redundancy, accident or illness? Were you advised that PPI would not cover you if you were selfemployed or had a pre-existing medical condition or if you were over a certain age? At the time of taking out the policy were you asked any questions about your medical history? Regulated by the Ministry of Justice in respect of regulated claims management activities. Auth. : CRM15623

9 Payment Protection Insurance Information (Continued) At the time of taking out the policy, did you have any existing medical conditions? (such as a bad back or mental illness) that had previously stopped you from working? If YES, then please provide brief details: If your answer to question 17 is, were you informed by the Advisor that if you suffered with the same condition again it would probably not be covered by the insurance? 19 Are you currently making a claim for benefits on the policy? 20 If you ever claimed against the policy in the past, was it successful? Have you previously complained to the policy provider? If, please provide copies of your complain and the firm's response. When you took out the loan what was your employment status? Were you advised by the broker or your lender that a commission might be paid to or by them for arranging the policy? Sta tus Policy Holder 1 Policy Holder 2 Employed (Full Time) Employed (Part Time) Unemployed Self Employed Fixed Term Contract Retired Adverse Credit Information 24 Are you up to date with the monthly payments? 25 If not up to date, how many months have you missed? Months 26 Have you stopped paying? 27 Is the lender chasing you for payment with letters, phone calls, home visits or court action? 28 Have you considered stopping paying? Account Holder 1 Account Holder 2 Signed: Print Name: Date: Signed: Print Name: Date: Regulated by the Ministry of Justice in respect of regulated claims management activities. Auth. : CRM15623

10 Form of Authority Account Holder Name (1) Address: Post Code: Telephone Number: Account Holder Name (2) Address: Post Code: Telephone Number: Agreement Type (tick relevant box) Loan Credit Card Name of Lender? (the firm or licensee(s)): Lenders address (if known): Loan Agreement / Credit Card : Loan Agreement Start Date: End Date: I/we further authorise and insist that you the firm and /or licensee(s) release to Debt Clear Solutions Ltd, (the company), any information that may be requested from time to time, whether that be in writing, by telephone, , fax or as directed in accordance with the Rights of Data Subjects and Others under the Data Protection Act Please be advised that any wilful failure to comply with this or any other subsequent instruction made by the company acting on my behalf, whom I/we have legally contracted, within the legal requirements as set out by the Compensation Act The Enterprise Act 2002 and Articles 81 & 82 of the EC Treaty may leave you, the firm or licensee(s), open to legal recourse. Signed (1) Date of birth Signed (2) Date of birth Print: Date: Print: Date: Please complete, sign and date this form and return to Debt Clear Solutions Ltd. Regulated by the Ministry of Justice in respect of regulated claims management activities. Auth. : CRM15623

11 Section 77/78 Request As prescribed under Section 77/78 Consumer Credit Act 1974 Name of Lender: Address of Lender: I/We (Client Name): Current Client Address: Have you changed your address in the last 3 years? (Please tick): o o NO YES - Please provide previous address details on separate sheet. Client Address (at time agreement was executed): Account Name(s): Account/Loan/Credit Card Number: I/We instruct you, the creditor, to supply Debt Clear Solutions Ltd with a copy of the above regulated credit agreement (if any), including any documents referred to herein and a statement of account under the legislation contained with S77 and S78 of the Consumer Credit Act Under S189 of the Consumer Credit Act, you are obliged to provide these documents whether you are the original creditor or not. If you, the creditor, under an agreement, fail to comply with this request within 12 days, you will be in default, and as a consequence not entitled to enforce the agreement. Where the default continues for one month, you, the creditor, commit an offence. Signed (1): Print: Date of Birth: / / Date: / / Signed (2): Print: Date of Birth: / / Date: / / Please fill in, sign, date and return to Debt Clear Solutions Ltd. Regulated by the Ministry of Justice in respect of regulated claims management activities. Auth. : CRM15623