LEGALLY ENTITLED PPI CLAIM PACK

Transcription

1 PPI CLAIM PACK

2 INTERNAL USE ONLY

3 COMPLAINTS HANDLING: OVERVIEW Complaints may be received directly from clients or from third party representatives. In the event of any complaint the matter must be immediately referred to Mr Harpinder Kang. Clients will be made aware in writing before signing a contract of their right to make a complaint, to whom this can be made and how by supplying them with a copy of our complaints handling procedure. It should be noted that every expression of dissatisfaction amounts to a complaint. Where any client expresses concern about the service, steps should be taken to resolve that matter and it should be treated as a complaint. Any complaint received from a third party representative such as Trading Standards or the Citizens Advice Bureau should be immediately referred to Mr Harpinder Kang. Public Complaints Policy We strive to ensure that there should be no time that you should have any cause for complaint in relation to the service we provide to you. In the unlikely event that you wish to raise a complaint or have any other concerns with regard to any service we have provided you may submit a formal complaint. This procedure sets out the process which should be followed. 1. Complaints may be made in writing, by , by telephone or in any other form in respect of a claims management service that we have provided and that is regulated under the Compensation Act You should address your complaint to Noble Finance Solutions Limited. 2. 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 together with a copy of this complaints handling procedure. 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 settle the complaint. 3. Within eight weeks of receiving a complaint we will send you either: a) a final response which adequately addresses the complaint (including contact details for the Legal Ombudsman should you wish to make a complaint to them); 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; ii) Informs you that you may refer the handling of the complaint to the Legal Ombudsman if you are dissatisfied with the response, the timeframe for doing so and full contact details. 4. 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 will not always involve financial redress.

4 COMPLAINTS HANDLING: OVERVIEW 5. If you are not satisfied with our response, or if a complaint is not resolved after eight weeks, you may refer the complaint to the Claims Management Team at the Legal Ombudsman Legal Ombudsman PO Box 6804 Wolverhampton WV1 9WG [email protected] Tel: Any complaint must be referred to the Legal Ombudsman within six months of the date of our written final response. The Role of Mr Harpinder Kang. Mr Harpinder Kang will at all times be responsible for the investigation of complaints. Where necessary input will be sought from other employees. Mr Harpinder Kang will retain a log of all complaints received and the outcome. A complaints file will be created for each complaint, reference to the log, and which will contain all communication with complainants, the actions taken to investigate the complaint, the findings and a copy of the final response to the complainant. The responsibility of The Firm The Firm will provide assistance to the Legal Ombudsman in connection with the investigation, consideration or determination of complaints where it is reasonably able to provide it. The Firm must comply with a notice that requires specified information or documents to be provided to the Legal Ombudsman under section 147 of the Legal Services Act The Firm must comply with any direction contained in a determination made by the Legal Ombudsman under section 137(2) of the Legal Services Act 2007 where the determination of the complaint has been accepted by the complainant and is binding and final.

5 Letter of Authority (1) For Reclaiming PPI Please fill in this form using BLOCK CAPITALS (Please leave blank if not applicable) Please enter the required information below. Once you have done this sign and date this Letter of Authority. I/We authorise Noble Finance Solutions Limited, trading as Legally Entitled, to act on my/our behalf as my/our sole agent in the claim for compensation and/or damages with regard to mis sold Payment Protection Insurance. I/We give You full authority to disclose such personal information, documents, and records as Noble Finance Solutions Limited requests from you on my/our behalf. This authority extends to all contracts and agreements relating to Payment Protection Insurance, which I/we have held with You. My instructions You should contact Noble Finance Solutions Limited in relation to this matter. I have chosen Noble Finance Solutions Limited to represent me and I require you to send all correspondence and communication to them including all offers of redress and/or damages. Any payment of redress and/or damages should be made payable directly to me/us. Noble Finance Solutions Limited will then invoice their fees payable by me/us. Duration of instructions and authorisation This authority and my instructions shall continue to apply for a period of 6 months, or, until such time as I instruct you to the contrary or Noble Finance Solutions Limited advises you that my claim for compensation and/or damages has been discontinued.

6 Letter of Authority (2) For Reclaiming PPI Please fill in this form using BLOCK CAPITALS (Please leave blank if not applicable) Please enter the required information below. Once you have done this sign and date this Letter of Authority. Please tick at least one of the following. I feel i have been mis-sold ppi (payment protection insurance) because... I felt coerced and pressurised into taking out the insurance. I was not asked if I already had sufficient cover or any employer's benefits that would cover my repayments. No one told me that the PPI would not cover the full term of my loan. I note that you have previously been reprimanded by the Financial Services Authority,FCA,for failing to treat customers fairly and not making them aware of the full facts and I believe that the policy you sold me was not in my best interest. The PPI was added to my account without my knowledge. I was sold a single premium policy that I did not understand as it was not fully explained to me. how much would be refunded if I either paid the loan off early or cancelled the insurance I about the full amount of the true cost of the insurance. When I tried to cancel this insurance the sum you offered is deemed as unfair under the FSA guidelines for PPI providers I I was told that I could only cancel the insurance provided I took out another new credit agreement. I informed your staff that I had a medical condition and not told this would affect any claim on this insurance I I was not informed that back problems and stress would exclude me from receiving payments under the insurance. I was not I warned that pre existing medical conditions may affect any claim under this insurance I asked about any pre existing medical conditions that I may have. I was I knew I was about to be (self employed I unemployed I over the age limit I retired) when I accepted the policy and informed your staff of this I was never asked about this matter. I was informed that I had to take out your PPI otherwise I would not be offered the credit facility I I had to take out the insurance. I was only provided with a quote for the loan with the PPI included. No one gave me a quote without the PPI attached. Policy Holders Name: Joint Holders Name: Signature: Signature: Date: Date:

7 PRE-CONTRACT INFORMATION AND TERMS AND CONDITIONS OF CONTRACT THIS DOCUMENT CONTAINS IMPORTANT INFORMATION. YOU SHOULD READ IT THOROUGHLY BEFORE SIGNING AND YOU SHOULD ONLY SIGN IT IF YOU AGREE TO ITS CONTENTS. 1. Our Service 1.1. We are Noble Finance Solutions Limited, trading as Legally Entitled ( Legally Entitled ), registered in England and Wales with registered number , Registered Office Address: 10 Chapel House, 1 Chapel Street, Oadby, Leicester, LE2 5AD. Noble Finance Solutions Limited is regulated by the Claims Management Regulator in respect of 1.2. Noble Finance Solutions Limited provide mis-sold payment protection insurance claims services. We can examine your credit agreements to see if they contain payment protection insurance and where it was mis-sold to you we will make a claim for compensation on your behalf. In summary: Once we have received your completed documentation we will investigate your claim by obtaining copies of any documentation from your loan provider, insurance company or bank (unless you can provide these to us). This documentation may include: Bank Statements PPI questionnaire If we discover that you have payment protection insurance we will complete a question naire with you to enable us to assess whether it was mis-sold to you If we think the payment protection insurance was mis-sold we will submit a claim to your lender. They have 8 weeks in which to respond to this although it may take longer Where your claim is rejected by your lender we may submit it to the Financial Ombudsman Service for consideration. We will receive your consent before we do this If your lender no longer exists we will submit your claim to the Financial Services Compensation Scheme If your claim is successful and you receive compensation we will charge you our Success Fee as shown in clause 3.1 of this agreement If you decline an offer of compensation which we advise you to accept and which is consistent with the Financial Ombudsman Service (FOS), Financial Conduct Authority (FCA), and Financial Services Compensation Scheme (FSCS) guidelines, our service under this agreement will be complete and we will charge you our Success Fee as shown in clause 3.1 of this agreement. 2. Your obligations 2.1. You appoint us as your agent so that we can liaise with your Creditors You must ensure that you always supply truthful and accurate information You must forward any correspondence which you receive regarding your claim to us You must promptly reply to any request for further information and documents we make You must provide all documents, including in electronic form, which give evidence of a fact in the claim and you confirm that you have given us all documents which you know about You must pay our fees within 14 days of receiving an invoice from us. This will be after you have received compensation from your lender. You should consider how you will pay our fee if compensation is awarded to you in the form of a reduction in an outstanding balance or arrears, or if you decide to decline an offer of compensation which is made in accordance with FOS, FCA and FSCS guidelines.

8 PRE-CONTRACT INFORMATION AND TERMS AND CONDITIONS OF CONTRACT 3. Our Fees 3.1. We will charge you a Success Fee of 30% of any compensation which you receive or if you decline an offer of compensation which is consistent with the Financial Conduct Authority, Financial Ombudsman Service and Financial Services Compensation Scheme guidelines, our success fee will be payable In all instances, our success fee of 30% is inclusive of VAT We may be required to submit a DSAR request to your creditor. A DSAR is a Data Subject Access Request and will be required in circumstances where we require evidence that PPI existed on your account. A DSAR costs 10 per request which you will be required to pay Fee Example: Example A: All Compensation is Cash in Hand Example B: Compensation includes Cash in Hand award with loan and future installment 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 Loan Reduction 1,000 Set off Arrears 3,000 Fee 30% (inclusive of VAT) 900 Fee 30% (inclusive of VAT) 900 Fee 30% (inclusive of VAT) 900 Total Fee 900 Total Fee 900 Total Fee 900 Consumer Receives 2,100 Consumer 1,100 Consumer 900 Receives Receives No reduction in loan as already paid off in full A reduction of 1,000 in future loan installments A reduction of arrears of 3,000 in your outstanding loan 3.5. If you were to decline any offer of compensation which is consistent with the Financial Ombudsman guidelines, and which we recommend to accept, we would charge you 30% of the offer amount You should be aware that compensation means benefit which you receive as a result of our service and as shown in the examples there may be situations where the compensation is deducted from your existing balance and you will still have to pay our fee. 4. Cancellation 4.1. If you decide that you do not want to proceed with our services you can cancel your contract by any reasonable means, such as verbally or in writing at anytime. You may also use the cancellation notice provided If you cancel during the first 14 days after you sign this agreement you will not have to pay any fee

9 PRE-CONTRACT INFORMATION AND TERMS AND CONDITIONS OF CONTRACT 4.3. We can cancel this agreement if you materially breach any of your responsibilities and you fail to rectify your material breach within 21 days of Us telling You which We will attempt to do by both telephone and post If this agreement is cancelled after the fourteenth day, by either you or us (in accordance with clause 4.3), we reserve the right to charge you the value of the work that we have undertaken up to the point that you cancel at a charge of 30 per hour. 5. Complaints 5.1. Please contact Us if for any reason You are dissatisfied with Our service We are committed to resolving complaints as quickly as possible. In the event that You wish to make a complaint, please contact Us in writing, by , phone or any other reasonable means. Please find the attached complaints handling procedure which details our complaints process. 6. Other important information 6.1. You are entitled to seek further advice in relation to your claim and to consider what services might be most appropriate to your claim for compensation. In particular you have the right to shop around and you should be aware of the services provided by the Financial Ombudsman Service The provisions of the Contracts (Rights of Third Parties) Act 1999 are excluded from this agreement which means that only you and we have any rights under this contract. However if you ask us to liaise with anybody else on your behalf in relation to this contract we will do so provided that you give us your written permission Our service is personal to you and for this reason you are not able to assign this contract to any other person We can assign our rights and responsibilities in this contract provided that the person we assign it to agrees to provide the same services to you in accordance with this contract. We will write to you before any assignment is made to ensure that you are aware that it is happening. You have the option to cancel your contract without charge in these circumstances You should be aware that as with any claim there is a small risk that it may result in Court proceed ings although in the highly unlikely event that this were to occur we would continue to provide our services and arrange for you to be represented by a solicitor. In order for the solicitor to represent you it will be necessary for you to enter into a contract with the solicitor for the provision of their services. We have read and agree to be bound to the terms and conditions. Name: Signature: Date: Name: Signature: Date:

10 RIGHT TO CANCEL You have the right to cancel this contract by any reasonable means within 14 days without giving any reason. The cancellation period will expire after 14 days from the day of the conclusion of the contract. To exercise the right to cancel, you must inform us Noble Finance Solutions Limited; trading as Legally Entitled, of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or ). You may use the attached model cancellation form, but it is not obligatory. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. You can cancel after this 14 day period, however a cancellation fee may be applied as stipulated within our terms and conditions. Cancellation Notice To: Noble Finance Solutions Limited, trading as Legally Entitled. [*]Delete as appropriate I/We* hereby give notice that I/We* cancel my/our* contract for the supply of the following service Ordered on* / received on* Name of consumer(s): [Pre fill address] Address of consumers: [Pre fill address] Signature of consumers (only if this form is notified on paper): Date: Date:

11 INTERNAL USE ONLY

12 1 Chapel House 10 Chapel Street Oadby Leicester LE2 5AD Telephone: