HEre to Help YOu REcLaim.

Transcription

1 HEre to Help YOu REcLaim.

2 WE re in your corner Contents 1 Why you can trust EMCAS 4 Questions 10 Mis-sold products 14 Terms of Engagement 20 How to contact us

3 We believe mis-selling is plain wrong no different to being shortchanged in a shop or restaurant. And that s why we re proud to fight on your behalf for the compensation and justice you deserve. But we also understand that making the decision to complain is not a light one. There ll be things to consider and it s only natural you ll have questions about the process maybe even some concerns. That s hardly surprising. Reclaiming can be a daunting prospect. After all it s your money at stake so it s important you get it right. And that s more important than ever these days. But the fact is, mis-selling complaints can be complicated. YouGov research* recently revealed that 25% of people don t feel that they know enough about claiming to do it on their own, whilst another 31% said that they were confused as to whether they could even make a claim. It can also take time anything from 8 weeks to 18 months and a whole lot of patience and determination. So to put your mind at rest, here are a few reasons why more than 500,000 people so far have trusted EMCAS with their all-important claims. A few reasons If you need this brochure or any other information in a different format, please let us know. *YouGov - March 2013 Survey of 2064 UK Adults 1

4 We re different There are a lot of Claims Management Companies out there. So why choose EMCAS? At the heart of our company is a deep-rooted desire to restore financial justice. That s as true now as it was when we first started out ten years ago, in Torquay. Today we re one of the UK s leading CMCs and, to date, we ve won back over 412 million for over 500,000 customers. The proof of course is in the pudding. So what do we actually do to take the stress out of reclaiming and win back what s rightfully yours? We free up your time Making a claim takes patience, determination and time anything from 8 weeks to 18 months. That s why so many people turn to us. Their time is simply too precious. We re experts As you ve discovered to your cost, financial products are rarely simple. So you ll be pleased to know our staff are experts. We recruit many from the financial industry so they understand, better than most, the products in question and how to help you reclaim. But while we have enormous financial expertise, we re very approachable and never tie you up in jargon. We take away the hassle We ll look after every last aspect of your claim ensuring your complaint is heard fairly and dealt with efficiently. We re professional We re regulated by the Claims Management Regulator in respect of regulated claims management activities, registered with the Information Commissioner, and have our own Customer Charter. WhY trust EMCAS WiTh YoUr precious claim? 2

5 This means that you can use our service knowing that we re a reputable company committed to treating you with the honesty, respect and dignity that you deserve. We re transparent when it comes to fees Our fees only apply when you receive your compensation. So you get the money you re entitled to but, if your case is unsuccessful or if you are not owed any compensation, you won t get charged a penny*. *For a full breakdown of our fees please see pages 6-7 We re pioneers We re founder members of the Professional Financial Claims Association (PFCA). You can read or download the PFCA Code of Practice by visiting - it s also available in different formats on request. For more information on the PFCA, you can visit So what s next? We hope by now that you feel confident we ll do everything in our power to reclaim what s rightfully yours while treating you with the respect you deserve. We re ready to start fighting for your money. So why not start the process now by following the three simple steps outlined in the letter? Then, once we ve received your Letter of Authority, our experts will get cracking on your claim. You can then relax, safe in the knowledge that we re fighting your corner. If, on the other hand, you still have some questions, read on. ReAdY to claim? Then follow the three easy steps on the letter and start fighting back today! 3

6 StiLl got some questions?

7 Here are a few things we re often asked by our customers. We hope you find the answers you re looking for. What happens after I sign and return the forms? We ll get started immediately processing your claim as soon as we receive your signed Letter of Authority. Here s how we go about it: Our financial claims experts will build a compelling case to ensure you get the outcome you deserve. We ll provide you with updates in writing at important stages of your claim (and contact you if we need more information). We ll promptly inform you of any offer received from your provider and check that it s been correctly calculated. If we don t receive a satisfactory outcome from your provider, we will, where possible, refer your case to the Financial Ombudsman Service (FOS). Our financial claims experts will check whether FOS decisions are correct, reasonable and fair, and lodge an appeal if they re not. Will my claim be against the account provider or the Independent financial advisor? That all depends on how you bought the product. Your claim for compensation will usually be made against the company who gave you the advice at the point of sale which could either be the policy or account provider or an independent financial advisor. Will my provider treat me differently or will my credit rating be affected by making a claim? No, making a claim will not affect your credit rating as it s not something that is looked at when calculating your credit score nor should it affect the way you re treated by your provider. Will making a complaint affect my policy? It depends on the type of claim you are making. If your claim is about PPI or a Packaged Bank Account, your policy(ies) will be cancelled if your case is successful. You may want to consider alternative cover and should seek good independent advice for this. In the case of other financial products, your provider may request that your plan or investment is cancelled if your case is successful. But this will never happen without your written consent and you are perfectly entitled to reject their offer if you feel that it s not in your best interest. You can also be assured that the value of your investment or plan will remain entirely yours. 5

8 How much compensation can I expect? That will depend on the specific circumstances of your complaint. But rest assured that, if you do receive an offer of compensation, our experts will carefully check how it s been calculated to ensure you get the money you re due. If we find you haven t, we ll dispute the offer to ensure a fair outcome is reached. If my claim is successful, how will my compensation be paid? What usually happens is that your provider pays 100% of the compensation directly to you. If your claim relates to a pension product, the compensation may be paid directly into your pension fund. Once you have received your compensation, our fee will then be due and you ll be responsible for paying our invoice. If your provider pays your compensation directly to us, we will deduct our fees and send you the remainder within 7 business days. How much will EMCAS charge for taking on my claim? We ll only charge you for our services if we re successful in fighting your claim. In which case, our fee will be a percentage of the compensation you receive. This includes any interest awarded, premiums refunded, gestures of goodwill and any fund enhancements. If your claim is unsuccessful, you won t pay a penny for our services. It's also worth noting that sometimes the business responsible for investigating your complaint may look at other plans or accounts that you may have been mis-sold. If those claims are successful, the same fee applies to those cases. Examples of EMCAS fees, on different types of claim: EMCAS 30% + VAT fee rate applies to the following products: Payment Protection Insurance (PPI) Credit Card Charges Packaged Bank Account Irresponsible Lending Example One Two Three Compensation (Including any interest) 1,000 5,000 15,000 EMCAS 30% 300 1,500 4,500 20% Total Fee Due 360 1,800 5,400 Benefit to you 640 3,200 9,600 6

9 EMCAS 35% + VAT fee rate applies to the following products: Endowment Mortgages Saving and Investments Whole of Life Policies Pension Mortgages Example One Two Three Compensation (Including any interest) 1,000 5,000 15,000 EMCAS 35% 350 1,750 5,250 20% ,050 Total Fee Due 420 2,100 6,300 Benefit to you 580 2,900 8,700 EMCAS 35% + VAT (pension fund payment cap of 2,000) fee rate applies to the following products: Free Standing Additional Voluntary Contributions (FSAVC) Pension Transfers It is important that we make you aware that in claims for FSAVCs and Pension Transfers, your compensation can sometimes be paid into your pension fund instead of paid to you in cash. It can also be paid as a mix of cash and a fund payment. This is most likely to happen if you are yet to retire. Even if the compensation is paid into your pension fund, you are still responsible for paying our fee and so may need to find the money for our fees from elsewhere. To give you some assurance, we do apply a cap to the fee that we would charge on any compensation that is paid into your pension fund. Our cap is currently 2,000 including VAT, however, this only applies to the fee charged on any compensation paid to your pension fund; any cash award will not be subject to the cap. Some examples are listed below and on the following page: Example One - Compensation paid in cash Compensation paid in Cash Compensation into your pension fund Total Compensation 10, ,000 Fee 35% 3, % Sub-Total Fee inc Vat 4, Fee Cap inc Vat Not Applicable 2,000 - Total Fee Due 4, ,200 Benefit to you - - 5,800 7

10 Example Two - Compensation paid in pension fund Compensation paid in Cash Compensation into your pension fund Total Compensation 0 10,000 10,000 Fee 35% 0 3, % Sub-Total Fee inc Vat 0 4,200 - Fee Cap inc Vat Not Applicable 2,000 - Total Fee Due 0 2,000 2,000 Benefit to you - - 8,000 Example Three - Compensation paid partly in cash, partly into your pension fund Compensation paid in Cash Compensation into your pension fund Total Compensation 5,000 5,000 10,000 Fee 35% 1,750 1, % Sub-Total Fee inc Vat 2,100 2,100 - Fee Cap inc Vat Not Applicable 2,000 - Total Fee Due 2,100 2,000 4,100 Benefit to you - - 5,900 The examples above are for illustrative purposes only. Please be assured that the value of any plan, investment or account remains entirely yours. If your claim is successful, you may have to pay income tax on any interest awarded. Often your provider will deduct this and pay it to Her Majesty s Revenue and Customs for you but this isn t always the case. The final decision letter from your provider will tell you either way. Please note that our invoice will be calculated on the full amount awarded unless tax is deducted by your provider or you provide us with proof showing that you paid tax (which we encourage you to do). What happens if I change my mind about making a claim? Once you ve signed and returned the Letter of Authority, you have 14 days in which to cancel our agreement without incurring any charge. If, for any reason, you decide to cancel our agreement after this coolingoff period, we will charge you a fee to reflect the work we ve already undertaken on your behalf. Please see our Terms of Engagement for full details. 8

11 Can I make a claim myself? Yes, you're are perfectly entitled to pursue your claim directly. But we think you'll appreciate the reassuring knowledge that our experienced team are on your side, dealing with all the paperwork and using all their expertise to ensure that making your claim is as simple and stress-free as possible. What if I m unhappy with the service provided by EMCAS? We hope you ll be delighted with our service. But if, for any reason, you are not, we want you to let us know so that we can put things right. You can contact us about your concerns in any of the following ways: In writing: Compliance Department EMC House, Palace Avenue Paignton, Devon, TQ3 3HE By phone: By fax: By compliance@emcas.co.uk If you're still dissatisfied after receiving our response you can refer your complaint to the Claims Management Regulator. For full details of our complaints procedure please visit or call Can EMCAS help me with other kinds of financial complaints? Absolutely. Our experts have helped customers with all sorts of financial complaints. The next couple of pages have details on the most common products we have successfully complained about on behalf of our customers. Some may be all too familiar. If you d like to discuss any of these products or indeed any financial complaint that you feel we might be able to help you with simply claimexperts@emcas.co.uk and one of our experts will be in touch as soon as possible. ThrEe Easy Steps. Follow the three easy steps on the letter and start fighting back today! 9

12 YOU could be In for a SURprisE

13 Mis-selling is more widespread than you might have realised. The scandal of financial mis-selling and poor advice goes much deeper than the one product you re claiming against. Thousands of people throughout the UK have been stung by a range of products, some of which may be all too familiar. Here s a breakdown of the other ways in which we help our customers. If you think you ve been mis-sold any of these products, get in touch. Mis-selling is wrong and we re here to help you fight back. Packaged Bank Accounts In our book, when something sounds too good to be true, it inevitably is. Packaged Bank Accounts are the perfect example. In return for a monthly fee to the bank, customers are given a host of free benefits, such as mobile phone insurance, travel insurance and breakdown cover. These benefits sound great but in far too many cases, consumers have discovered too late that they ve been paying for something they ll never be able to claim on. Others never use the perks, or have never fully realised what s available. The bottom line is that around 10 million consumers may have been duped into taking on such accounts by heavily incentivised bank advisers. If you think you ve been mis-sold one, get in touch. We d be happy to fight your corner for compensation. Savings and Investments Depending on your circumstances, there are many ways to invest your hardearned cash from ISAs to shares, deposit accounts to unit trusts. But if the advisor you talked to failed to fully record your goals and needs or give you all the information you needed to make an informed decision you may have been mis-advised. Now these claims can be complex but, with your permission, our experts will get straight to work to determine whether you were mis-sold and whether you re due compensation. Endowment Mortgages An estimated 8.5 million people were sold an Endowment Mortgage an interest-only mortgage with an investment plan with life cover attached. Many saw their future hopes and plans dashed when the product finished its term because it didn't produce enough money to repay the entire mortgage. If you took out an Endowment Mortgage, but thought you could no longer claim for compensation, you could still be eligible even if your policy has been sold, replaced or surrendered. Contact us today and start the fight back. 11

14 Payment Protection Insurance (PPI) These days, the scandal of PPI (Payment Protection Insurance) is everywhere and for good reason. Millions of people were taken advantage of and sold insurance that they didn t need. And even if they did need it, it was insurance that was unlikely to protect them in the event of a claim. We ve already helped thousands of customers win the compensation they re due and we d be happy to fight for you too. Pension Mortgages Pension Mortgages may not be as big a scandal as Endowment Mortgages, but they re just as flawed an idea. Customers were actively encouraged to swap from their existing repayment or endowment mortgage mortgage to a Pension Mortgage, lured with the prospect of cheaper, interest-only monthly payments. But bundling home ownership with pension planning into one financial product was inherently risky, as many customers discovered to their cost. If you were sold a Pension Mortgage, it s very likely you have a valid claim. We d love to help you fight for the compensation you deserve. Pensions, including Free-Standing Additional Voluntary Contributions (FSAVCs) It was always considered a sensible move to top up an occupational pension with an Additional Voluntary Contribution (AVC). But when private companies got involved, thousands of people who had the opportunity were advised instead to plough their precious extra funds into an FSAVC something which cost them dearly. We d be the first to admit that pensions are complicated, not least an FSAVC. But if you think you were mis-advised about one, get in touch you could have good reason to complain. 12

15 Whole of Life policies These policies are designed to provide for your dependents on your death while enabling you to save two needs that should be looked at separately. They are also expensive. You re not only paying for insurance but also for the investment portion. But the worst part is the risk associated with the investment element, which can hit your life cover. If you think you were mis-advised, get in touch and we ll get straight to work, investigating your claim and, if possible, fighting for the compensation you re due. Irresponsible Lending Irresponsible Lending normally occurs when a consumer is struggling with their financial commitments. A sales advisor at a bank recommends consolidating or refinancing the consumer s existing debts into a loan so the consumer s outstanding repayments are reduced to just one payment a month. To most people, this represents a great solution a simple and manageable debt in one place, payable to one creditor. But if the bank fails to provide any advice on how to manage the debt, this consolidation often only works as a short term solution. The long term soon looks pretty bleak. Working out whether you ve been the victim of Irresponsible Lending is not simple. But don t be daunted. If you think you ve been at the receiving end of bad advice, get in touch we d love to help you fight back. Let's right these wrongs together! If you think you ve been the victim of other mis-selling, contact us today for a free assessment via or call The fact is, you deserve financial justice and we re ready to fight your corner! get in touch CaLl

16 SOMe small print To look At. 14

17 Terms of engagement 1 ABOUT YOUR AGREEMENT WITH US 1.1 In these Terms of Engagement we refer to EMC Advisory Services Limited as us, we or our and we refer to you as you and your. If you are entering into this Agreement with your spouse or partner, such references are to you jointly. 1.2 The following terms have the following meanings: Agreement means the following documents: the Terms of Engagement; your completed and signed Letter of Authority; and our Privacy Policy; Business means the organisation responsible for the sale and/or provision of the product(s) and/or services in respect of which you have a Claim. This could be a lender, bank, building society, insurance company or independent financial advisor; Claim means any claim or claims that you may have against a Business for Compensation in respect of: (a) the mis-selling of any of the following products and/ or services by a Business: endowment mortgages; payment protection insurance ( PPI ); savings and investments; whole of life insurance policies; pension mortgages; pensions; free-standing additional voluntary contributions schemes ( FSAVCs ); Pension Transfers; Packaged Current Accounts; (b) irresponsible lending; (c) misapplied penalty charges; Client Account means the account with our bank into which your Compensation will be paid for payment to you after the deduction of our Fee; Compensation means any award or refund of monies including gestures of goodwill, interest and/or monies paid into an account or investment fund which comes about as a result of the Service provided by us to you in respect of your Claim. Where such award or refund is revised on appeal, then the revised amount shall be used to calculate the Fees (provided that you have not terminated this Agreement). This is whether it is (a) paid directly to you, (b) used to reduce any arrears/ debt you owe to the Business or (c) paid as an enhancement on a fund, policy or plan; Cooling-off Period has the meaning set out in Condition 4.1; Fee means the fee payable by you which is calculated as a sum equal to the percentage of the amount of Compensation that we win for you plus VAT. The amount payable is dependent upon the type of Claim that you have asked us to manage and a table of Fees is set out at the bottom of this page; Final Decision Letter means a letter from the Business confirming the outcome of their investigation into your Claim and advising us of your right to refer your Claim to the Financial Ombudsman Service; Financial Ombudsman Service means the free, independent arbitrary service set up under the Financial Services and Markets Act 2000 to resolve disputes between financial businesses and their customers; Introducer means an individual or business who introduces you to us; Letter of Authority means the form that is sent to you for your signature which authorises us to act on your behalf on the terms of this Agreement; Privacy Policy means our latest policy stating how we collect and use your personal information. You can find our Privacy Policy on our website at Claim Fee Before VAT VAT Payable** Total Fee Payable** Mis-sold Endowment Mortgage 35% 20% 42% Mis-sold PPI 30% 20% 36% Mis-sold Savings & Investments 35% 20% 42% Mis-applied Penalty Charges 30% 20% 36% Irresponsible Lending 30% 20% 36% Mis-sold Whole of Life 35% 20% 42% Mis-sold Pension Mortgage 35% 20% 42% Mis-sold FSAVC 35% 20% 42%* Mis-sold Pension Transfers 35% 20% 42%* Mis-sold Packaged Current Account 30% 20% 36% * For settlements that are paid direct into your existing pension fund, the Fee is capped at including VAT. Where the settlement is a combination of cash and pension fund enhancement, the Fee will be calculated at 35% plus VAT on the enhancement up to the cap of The Fee of 35% plus VAT is also then calculated on the cash element which will not be subject to a cap. The two figures are then added together to total the Fee. ** This is based on the current rate of VAT the actual rate will be that determined by Her Majesty s Revenue and Customs at the date payment becomes due. Please see the Frequently Asked Questions section for further information. 15

18 Service means the Claims management service as further described in Condition 6 for any one or more Claims that you may have against a Business; Terms of Engagement means this document; VAT means Value Added Tax which is payable by you on the Service(s) provided by us at the rate determined from time to time by Her Majesty s Revenue and Customs; and Working Day means any day other than a Saturday, Sunday or public holiday in the United Kingdom. 2 HOW TO CONTACT US If you need to contact us, you can call us on Our office hours are 8:30 a.m. to 8:00 p.m., Monday to Thursday and 8:30 a.m. to 5:30 p.m. on Friday. Calls from a landline will be charged at national rates. Calls from a mobile may vary and will be charged at your provider s rates. Please be aware that your calls may be recorded for quality and training purposes. You can also us at claims@emcas.co.uk or write to us at EMC House, Palace Avenue, Paignton, Devon, TQ3 3HE. 3 WHEN THIS AGREEMENT STARTS 3.1 The Agreement between you and us will start on the date we receive the signed and completed Letter of Authority. Where the Letter of Authority is sent by 1st class post, or fax, it will be deemed to have been received the next Working Day after sending. In any other event it will be deemed to have been received on the 2nd Working Day after sending. 3.2 This Agreement will continue until the earlier of: (a) completion of the Service; (b) you ending the agreement under Condition 4; or (c) us ending the Agreement under Conditions 10 or WHAT IF I CHANGE MY MIND AFTER THIS AGREEMENT STARTS AND I WANT TO CANCEL THIS AGREEMENT? 4.1 You can cancel this Agreement by giving us written notice to the address set out in Condition 2 stating that you wish to cancel your Agreement at any time during the cooling-off period which ends 14 days later, starting on the day after we receive the Letter of Authority ( Cooling-off Period ). If you cancel the Agreement during the Cooling-off Period you will not be charged for any work that we carry out on your behalf during this time. 4.2 You may also cancel this Agreement at any time after the Cooling-off Period by giving us written notice only to the address set out in Condition 2 stating that you wish to cancel your Agreement. Please note that if you decide to cancel this Agreement in this way a fee will be payable to cover any costs that we have incurred in providing the Service to you (please see Condition 12 for more information on the amount payable). 4.3 You may (but are not obliged to) cancel this Agreement immediately by giving us written notice (including full details of the reasons for termination) only to the address set out in Condition 2, without any fee becoming payable, if: (a) we materially breach a term of this Agreement under Condition 6 (What we will do for you) and in the case of a remediable breach, fail to remedy it within thirty (30) days of the date of receipt of notice from you specifying the breach and requiring it to be remedied; (b) we become insolvent or unable to pay our debts (as defined in Section 123 of the Insolvency Act 1986); propose a voluntary arrangement; have a receiver, administrator or manager appointed over the whole or any part of our business or assets; become bankrupt or dissolved; or if we cease to carry on business. 4.4 We recommend that any written notices of termination be sent via the Royal Mail s recorded delivery service and, if you are entering into this agreement jointly with another person, the notice must be signed by both of you. 5 WHAT DO I HAVE TO PAY? 5.1 You shall pay us the Fee as described in the relevant table in Condition 1.2 but only if your Claim is successful and you receive Compensation. 5.2 The Fee will not be payable if, despite our reasonable endeavours in providing the Services, your Claim has been unsuccessful apart from the instances listed below in Condition 5.3. We will write to you to notify you of the unsuccessful Claims. 5.3 A cancellation fee will be payable if; (a) you cancel this Agreement under Condition 4.2; or (b) we cancel this Agreement under Condition 11. Further details of cancellation fees payable can be found at Condition 12 of this Agreement. 5.4 In the event that Compensation is paid to our Client Account, we will send you the Compensation less our Fees within 7 Working Days of receipt. 5.5 If you fail to pay a fee within 28 days of receiving (a) the Compensation or (b) our termination invoice we will charge interest on the amount unpaid at the annual rate of 4 per cent above the base rate of National Westminster Bank plc from the due date until the full amount is paid. 16

19 5.6 If the Business uses the Compensation to repay another debt that you owe them, we will contact you to discuss alternative methods of payment. For the avoidance of doubt, you will still be required to pay our Fees and any interest due in accordance with this Agreement. 5.7 If any Fee or cancellation fee remains outstanding after 28 days of the date of you receiving Compensation or, if in respect of cancellation fees, 28 days after you receive our invoice, we reserve the right to refer your debt to third parties to pursue you for payment on our behalf. 5.8 Where interest is included as part of the Compensation, this may be taxable depending on your tax status. If tax is payable, we encourage you to contact your local tax office and make payment. The Fee will be calculated on the full amount paid to you by the Business but if you provide us with proof that tax has been paid, we will reduce the Fee by deducting the amount you paid in tax from the Compensation and calculating the Fee based upon this figure. 6 WHAT WE WILL DO FOR YOU 6.1 After this Agreement starts and we have received the signed Letter of Authority, we will contact the Business as necessary so that we can provide the Service to you. 6.2 We will manage and respond to any correspondence which you or we receive from the Business. 6.3 We will give advice and guidance concerning your Claim wherever we are required to under this Agreement, under regulatory requirements or wherever you request us to do so. 6.4 We will review any decision letter that we receive from the Business to ensure that (a) if it is a rejection, it is fair based upon the evidence available to us; or (b) if it is an offer of settlement, it contains all of the relevant elements which should be awarded to you. 6.5 If we believe that the decision mentioned above is fair, we will write to you to let you know (but you do have the right to refer your complaint to the Financial Ombudsman Service if you are unhappy with the decision made by the Business). If we believe that the decision is unfair, we will ask for your permission to forward your Claim to the Financial Ombudsman Service for independent adjudication at no extra cost to you. 6.6 If your Claim is referred to the Financial Ombudsman Service we will continue to manage and respond to any correspondence which we or you receive from the Financial Ombudsman Service. 6.7 We will only keep you updated on significant changes in your Claim unless you request otherwise. 7 WHAT WE WILL NOT DO FOR YOU 7.1 We will not pursue a Claim where in our professional opinion there is no reasonable chance of success. We will notify you in writing within 7 Working Days if we reach this conclusion. 7.2 We will not offer you any advice concerning your investment, pension, mortgage or protection arrangements. You should seek professional advice from a reputable individual or business which is authorised by the Financial Services Authority. 7.3 We will not offer you any regulated legal advice. You should seek professional advice from a reputable individual or business which is authorised by the Solicitors Regulation Authority. 8 WHAT YOU WILL DO 8.1 You will ensure that you have supplied us with all documentation in your possession which gives evidence of a fact in the Claim including, but not limited to, the fact that the product or service which your Claim is about was sold to you. 8.2 You will promptly supply us with any information or authority that we reasonably request relating to your Claim. This could include, but is not limited to, basic details of any previous mortgages, investments, protection policies or credit agreements, details of your dependents, income and product literature and agreements relating to the original sale, in each case in relation to the relevant product or service that is the subject of your Claim. 8.3 We recommend that you send any important documentation in support of your Claim to us via the Royal Mail s Special Delivery Service and retain copies at your own expense. We shall not be responsible for any loss of documentation in the course of delivery or for making any further copies for you. 8.4 You will ensure that all information that you provide us with is, to the best of your knowledge, accurate and not misleading. 8.5 You will inform us as soon as possible of any matters affecting your Claim. 17

20 8.6 You will notify us immediately of any offer of Compensation which is made to you by the Business and supply us with a copy of any offer letter or a letter of authority allowing us to obtain a copy of the letter directly from the Business. 8.7 You will pay the Fee to us in accordance with Condition 5 of this Agreement. 9 AUTHORISATION By signing the Letter of Authority, you: (a) authorise us to act on your behalf in relation to dealings with the Business and Financial Ombudsman Service; and (b) authorise us to liaise and exchange your personal information with the Business, the Financial Ombudsman Service or their authorised agents on your behalf. 10 EVENTS BEYOND OUR REASONABLE CONTROL We are not responsible for events beyond our reasonable control. Such events might include network failures, war, terrorist activity, riots, malicious damage, fire, flood, storm, nuclear accident or compliance with any new law or governmental order, rule, regulation or direction. We may suspend or cancel the Agreement if, despite trying to provide the Services, we are not able to provide them to you as a result of events beyond our reasonable control. Condition 12 will apply in the event of any such cancellation. 11 OUR RIGHTS TO CANCEL THIS AGREEMENT 11.1 We will cancel this Agreement immediately by written notice to you if: (a) you materially breach a term of this Agreement being any of Condition 8 (What you will do) and in the case of a remediable breach, fail to remedy it within thirty (30) days of the date of receipt of notice from us specifying the breach and requiring it to be remedied; (b) we find you have given us false information or acted fraudulently; (c) you or, if this Agreement has been entered into jointly by two persons, one of you: (i) enter into an Individual Voluntary Arrangement; (ii) have a petition of bankruptcy issued against you; (iii) are adjudicated bankrupt; or (iv) dies. 12 WHAT HAPPENS IF THE AGREEMENT IS CANCELLED? 12.1 If this Agreement is cancelled in accordance with either Conditions 4.2 or 11 of this Agreement before we or you have received a Final Decision Letter from the Business or a decision from the Financial Ombudsman Service if your Claim is referred to them then you will be charged for our time spent on your Claim at the rate of per hour. In any event the cancellation fee will be capped at per Claim. A full breakdown and invoice will be provided to you upon receipt of your written notice of termination If this Agreement is cancelled once an offer of Compensation has been made to you, which has been calculated in accordance with the Financial Ombudsman Service s and/or the Financial Services Authority s guidelines, we will charge the Fee as described in Condition 1.2 of this Agreement You will not be charged the Fees or a cancellation fee if this Agreement is cancelled because (a) you have a petition of bankruptcy issued against you; (b) you are adjudicated bankrupt during the term of this Agreement; (c) because of the circumstances set out in Condition 4.3 of this Agreement; or (d) because of the circumstances set out in Condition 10 of this Agreement. 13 WHAT RIGHTS AND REMEDIES WILL YOU HAVE AGAINST US? 13.1 We do not exclude or limit our liability for fraud or for death or personal injury resulting from our negligence Your statutory rights (which include, for example, that we will provide the Service to a reasonable standard and within a reasonable time) are not affected by anything in this Agreement. For more information about your statutory rights, contact your local Citizens Advice Bureau or Trading Standards Office Save for the types of liability which we will not limit or exclude as set out in Conditions 13.1 and 13.2 and unless otherwise agreed in writing, we limit our total aggregate liability to you under this Agreement in any year to a maximum of 500,000, and we exclude our liability to you under this Agreement for any damage or loss that could not have been reasonably expected by you and us at the time of entering into this Agreement, any financial loss (including any loss of income, business or profits) or for any damage or loss suffered or incurred by you as a result of any use of the Service in breach of this Agreement. 18

21 14 YOUR PERSONAL INFORMATION AND CONFIDENTIALITY 14.1 We are registered under the Data Protection Act The storage and use of personal details that we hold about you is governed by the Data Protection Act We take your privacy very seriously and the personal information which you provide to us will be used in accordance with the Data Protection Act 1998 and our Privacy Policy Information we hold about you will not be disclosed to anyone other than: (a) where we are legally required to disclose; (b) where we consider it reasonably necessary to disclose the information to our carefully chosen suppliers, advisers and subcontractors to use your personal details in order to provide the Services to you, to exercise our rights under this Agreement and also to monitor, develop and improve our Services including the computer and software systems used to provide those Services; (c) to pass on your personal information to the Business, their respective professional advisors or the Financial Ombudsman Service as is required for the purposes of performing our obligations under this Agreement. 15 CHANGES TO THIS AGREEMENT We may change the Service, the Fee and/or this Agreement at any time. We will write to you to advise you of any such changes. If you will be caused significant disadvantage by any change (for example, we increase the fee except for in the case of a VAT change) we will notify you of that change at least 40 days before it takes effect. We will give you written notice by post or by . If we cannot advise you of the change at least 40 days before it takes effect (for example because of regulatory change at short notice), we will advise you of the change as soon as we reasonably can. If you are caused significant disadvantage by any change, you may cancel the Agreement under Condition 4. A cancellation fee will not be payable in these circumstances. complaints procedure which is available either by visiting our website at or by requesting it directly from us using the contact details at Condition OTHER MATTERS 17.1 We may wish to transfer our rights or obligations under this Agreement to someone else. You agree that we may do so provided that the transfer does not affect your rights under this Agreement or otherwise significantly disadvantages you and after we notify you of the date of the transfer, your only rights under or in connection with this Agreement will be against that other person and not us If any court or other competent authority finds any of the terms of this Agreement to be invalid or unenforceable, the other terms of this Agreement will not be affected This Agreement is governed by and interpreted in accordance with the laws of England and Wales (or the laws of Scotland if you live there). Any dispute in connection with this Agreement will be subject to the exclusive jurisdiction of the courts of England and Wales unless you choose the courts of your home in Scotland or Northern Ireland. 16 COMPLAINTS If at any time you are not happy with the Service that we have given you, please contact us using the details at Condition 2. You may also refer your complaint to the Claims Management Regulator at the Ministry of Justice if you remain unhappy with how we have handled your complaint at: Claims Management Regulation, Monitoring & Compliance Unit, High Street, BURTON-ON-TRENT, DE14 1JS. The Regulator can also be contacted by telephone at We have a written 19

22 We hope we ve answered any queries you may have had. If you have any other questions or need any further explanation, please call us on the number on the covering letter. We re here to help. If however, you re ready to kick-start your claim, all that s left for you to do is check your Letter of Authority, sign and date it, and return it to us. We re itching to take up your cause and fight for the compensation you deserve. PhEw, the next bit S Easy. Follow the three easy steps on the letter and start fighting back today! 20

23 WE Re over here... OK, we re not literally in the middle of a field, but not far from it! If you d like to talk to us about any potential claim, or just want to know a bit more about EMCAS, please call us on EMCAS EMC House Palace Avenue Paignton Devon TQ3 3HE Phone: +44 (0) Fax: +44 (0) claims@emcas.co.uk

24 Their false promises (insurance companies) deserve to be followed up by a business such as yourselves. Thanks to you, I have my money back. Without your intervention on our behalf we would not have obtained compensation. The service I received was exemplary. It is reassuring to know that an organisation such as yours is there to support the customer. For customer SaTisFActIon and real ReSulTs: Follow the three easy steps on the letter and start fighting back today! EMC Advisory Services Limited is regulated by the Claims Management Regulator in respect of regulated claims management activities. Authorisation Number: CRM1768. EMCAS is a trading name of EMC Advisory Services Limited. Registered Office: EMC House, Palace Avenue, Paignton, Devon, TQ3 3HE. Registered in England and Wales: Company Registration Number: EMC Advisory Services Limited. All rights reserved. Other product and company names mentioned herein may be trademarks or trade names of their respective owners. Registered members of: we are a dma member