Windsor Thompson Financial Claims

Transcription

1 Windsor Thompson Financial Claims Welcome to Windsor Thompson Financial Claims This application should only take 10 minutes to complete. If the pre-populated information is incorrect, please put a cross through the error and initial the correction. Only one application pack can be accepted per claim. If more packs are required then please contact us and more will be sent. We aim to recover all wrongly paid payment protection insurance premiums you ve paid, plus interest Your claim will be handled by an experienced and dedicated claim handler We work on a no win, no fee* basis and there are no up front costs Just 3 easy steps to Get your money back Claiming with Windsor Thompson Financial Claims couldn t be easier. Simply follow the below three step process to start your claim today and we ll take care of the rest. Step01 : READ Read and complete the enclosed questionnaire and amend anything that is inaccurate Step02 : SIGN Sign the three required forms 1. Application to make a claim 2. Letter of Authority 3. Terms of Service Step03 : POST Place all the signed documents including any supporting documents (e.g. loan agreement, policy schedule etc) in the freepost envelope Should you have any questions about your claim pack you can contact our team on or via claims@windsorthompson.co.uk * a fee may be payable if your case is not pursued at your request after you instruct us to act following a 14 day cooling off period

2 Application to Make a Claim Your Name YOUR DETAILS Please complete a separate pack for each claim Joint Policy Holder FORM 1 (Please Return) of Birth of Birth Current Address Main Phone No. Mobile Phone No. Address Finance Provider (e.g. Halifax, Natwest etc) YOUR FINANCIAL DETAILS (Please tick where appropriate) What was the PPI for? (e.g. Loan/Store Card etc) Finance/ Loan Agreement Ref Number Payment Protection Policy Number Finance Amount Finance Start Finance Duration Broker or agent if used Did this finance replace any existing finance? When you took out the finance were you: Employed full time Employed part time Contracting (Please tick where appropriate) Self Employed Home Maker Unemployed Self Employed Other What was your Occupation? How long had you been employed at your job at the time you took out the PPI? When you were sold your finance (please tick all that are relevant): Was the full cost of the PPI fully explained to you? Did you specifically ask for PPI? Was it made clear that PPI was optional? Were you asked about your medical history? Were you asked about any existing payment cover? Was the PPI added without your knowledge? Did you feel pressured into agreeing to PPI? Were you entitled to sick pay from your employer? Did you feel you had to agree to the PPI in order to get your finance? (Please tick where appropriate) About your finance (please tick all that are relevant): Have you made a claim on the policy? Have you previously complained to the policy provider? Are you currently bankrupt, in an IVA or Debt Management Program? Are you in arrears with your finance? Do you have the original paperwork? (Please include this in the envelope) (Please tick where appropriate) How was the PPI sold to you? (Meeting / over the phone / by post etc) How did you pay for this insurance? (One off payment / monthly) What is the current status of the PPI? (Still paying/ cancelled/ ended) If cancelled, what is the date of cancellation?

3 Letter of Authority FORM 2 (Please Return) Your Name of Birth Address Joint Applicant of Birth Address Your address when the finance was taken out if different from above address Your address when the finance was taken out if different from above address Lenders Name Account or Policy Number Agent/Broker (If an Agent or Broker sold you the policy) Authorisation to Windsor Thompson Financial Claims I/We authorise Windsor Thompson Financial Claims to act on my/our behalf in pursuing my/our Claim for any missold insurance policies. I/We give Windsor Thompson Financial Claims full authority to refer the Claim to the Financial Ombudsman Service if this is believed to be in my/our best interest. Instructions to the Company Please take this letter as my/our instruction to you, the Company, to deal with Windsor Thompson Financial Claims in respect of the Claim and to provide them with any information they request and require to pursue my/our claim. I/we acknowledge that I/we could pursue the Claim against the Company myself/ourselves without the involvement of Windsor Thompson Financial Claims but I/We have instead opted to engage Windsor Thompson Financial Claims whose fees will be recoverable from me/us. Instructions to Third Party In the event that you need to contact a third party to progress my/our claim for any reason, I/We hereby give my/our authority and consent for the third party to provide Windsor Thompson Financial Claims with any information they request and may require to pursue my Claim. Declaration of truth I have read and accept Windsor Thompson Financial Claims terms and give them full authority to act on my/our behalf. I/We confirm that the information given in all correspondence is to the best of my/our knowledge accurate and truthful reflection of my recollections of events at the point of sale. Terms of Engagement I/We have read and accept Windsor Thompson Financial Claims terms of engagement and give them full authority to act on my behalf. Client s

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5 Terms of Service FORM 3 (Please Return) Authorisation to Windsor Thompson Financial Claims I/We Authorise Windsor Thompson Financial Claims to act on my/our behalf in pursuing my/our Claim in respect of advice received from the Company relating to the above policy. I/We give Windsor Thompson Financial Claims full authority to refer the Claim to the Financial Ombudsman Service if this believed to be in my/our best interest. Our Service The services provided by Windsor Thompson Financial Claims consist of: (a) (b) (c) (d) An assessment of a potential claim for the unjust charges Representing the Client s claim for compensation where Windsor Thompson Financial Claims considers that there is a potential claim against the Third Party Negotiating and obtaining a settlement figure Windsor Thompson Financial Claims deems appropriate in respect of the claim against the Third Party. Windsor Thompson Financial Claims reserves the right not to pursue a claim for compensation, at any time, by notifying the client in writing Where necessary and deemed appropriate, Windsor Thompson Financial Claims will negotiate the case with the Financial Ombudsman Service or where applicable instruct a solicitor from their panel to issue legal proceedings on your behalf at no cost to you. *[ Third Party refers to any bank, building society or credit card company that have levied the unjust charges] Our PPI Service Charges Windsor Thompson Financial Claims will charge of all compensation recovered (plus VAT on the ). You will be subject to our minimum fee of VAT on all successful claims where our total fee would be calculated less than Agreement to Terms and Conditions I/We have read the Terms of Engagement overleaf, specifically those relating to my/our payment obligations. The Client may terminate this contract by notifying Windsor Thompson Financial Claims within 14 days of the date of this document without incurring a cancellation fee, or any time thereafter but a cancellation fee may be payable (see Terms of Engagement clause 1.3). By signing below, the Client(s) accept the Company s Terms of Engagement (overleaf). Client s Client s Name Name

6 Terms of Engagement OUR COPY (Please Return) These are the terms of engagement for the appointment of Windsor Thompson Financial Claims to act on the Client s behalf in all aspects of the administration & negotiation of the claim. 1 Definitions Background 3 The Client will: Obligation 1.1 Agreement means the contract comprising the Terms of Service, Letter of Authority and these Terms of Engagement, between Windsor Thompson Financial Claims and the Client for the provision of the Service. 1.2 Windsor Thompson Financial Claims means Windsor Thompson Financial Claims, a trading style of Interactive Media Communications Ltd (IMC), a limited company registered in England & Wales with company number and registered office address at 65 Bells Road, Gorleston, NR31 6AG. IMC is regulated by the Ministry of Justice in respect of regulated claims management activities: Number CRM Cancellation Fee means the reasonable cost incurred for the work undertaken in pursuit of the claim by Windsor Thompson Financial Claims charged at the rate of per hour spent on your case plus any disbursements and direct costs incurred by running your case until the point at which you cancel Claim(s) means the Client s claim or claims against the Company relating to the missselling of a payment protection insurance policy or policies; or the application of unlawful charges to the account(s) of the Client. 1.5 Client means the policyholder/account holder(s), whose details are set out in the Letter of Authority and who have appointed Windsor Thompson Financial Claims to provide services. 1.6 Company means the institution or persons a Claim is being made against. This may include but is not limited to 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). 1.7 means the total of any sums offered by the Company as a result of a Claim, including but not limited to gestures of goodwill, interest, reductions in borrowing and or arrears, and repayment of premiums. 1.8 Fee means the fee of plus VAT (at the VAT rate applicable) of the, payable to Windsor Thompson Financial Claims for the Services carried out by it. Example A: All compensation is cash in hand Total Example B: includes cash in hand award with loan and future instalment reduction 3,000 Total Example C: is used to offset arrears consumer has on credit card or loan 3,000 Total Of which cash is 3,000 Of which cash is 1,000 Of which cash is 0 Fee 3,000 Loan Reduction 2,000 Se off arrears 3, Fee 750 Fee % % % 150 Total fee 900 Total fee 900 Total fee 900 Consumer (and no reduction in loan as it is already paid off in full) 2,100 Consumer (and a reduction if 2,000 in future loan instalments) 100 Consumer 900 (and a reduction of 3,000 in their outstanding loan) 1.9 Letter of Authority means the letter included in the claim pack to be sent to the Company authorising Windsor Thompson Financial Claims to act for the Client Services means the services provided by Windsor Thompson Financial Claims including assessing the viability of preparing, submitting and negotiating the Claim Terms means the Terms of Engagement Unsuccessful Claim means one where no compensation is offered by The Company. 2 Conduct of Engagement 2.1 By signing the Terms of Service and these Terms of Engagement, the Client hereby agrees to be bound by the Terms and appoints Windsor Thompson Financial Claims to provide the Services for such period as to allow Windsor Thompson Financial Claims to assess, and if reasonably possible, to complete the Claim. 3.1 Complete and sign the Letter of Authority to give Windsor Thompson Financial Claims his consent and full authority to deal with the Company on his behalf and obtain relevant information from whatever source on a continuing basis. The validity of the Letter of Authority will terminate once the outcome of your claim is reached; 3.2 deal promptly with all reasonable requests by Windsor Thompson Financial Claims for authority, information, documents and further instructions that Windsor Thompson Financial Claims may from time to time require. Failure to do so will give Windsor Thompson Financial Claims the right to terminate the Agreement forthwith with the Client being liable for the Cancellation Fee; 3.3 promptly inform Windsor Thompson Financial Claims of any relevant matters affecting the Claim and forward any documentation received from the Company in respect of The Claim; 3.4 give Windsor Thompson Financial Claims the right to deal exclusively with the Claim unless otherwise agreed in writing by the Client and Windsor Thompson Financial Claims; 3.5 subject to clause 3.6 below, if this Agreement is terminated by the Client for any reason after the 14 day cooling off period, the Client will pay Windsor Thompson Financial Claims the Cancellation Fee 3.6 if the client terminates the Agreement after an offer of has been made by the Company, the Fee will still be due and payable from the Client regardless of whether the Client accepts the offer 3.7 not be liable for any charge in respect of an Unsuccessful Claim; 3.8 not be liable for any charges in respect of any claim cancelled by the client in the first 14 days from the date the Client signed the Terms of Services, Letter of Authority and Terms of Engagement. After the 14 day period, the cancellation will be subject to a Cancellation Fee. 3.9 settle the invoice sent by Windsor Thompson Financial Claims following notification of an offer to pay by the Company to the Client. If the fee is not paid in full within 28 days of the dated invoice, Windsor Thompson Financial Claims reserve the right to refer the debt to a collection agency or pursue legal action which may result in the addition of further fees agree that where, as a result of a claim submitted by Windsor Thompson Financial Claims, the Company investigates additional policies and makes offers of, pay Windsor Thompson Financial Claims the fees due on all successful claims. 4 Windsor Thompson Financial Claims will: 4.1 rely on the information and documents provided by the Client to Windsor Thompson Financial Claims as being true, accurate and complete. Windsor Thompson Financial Claims will not audit, test or check such information or documents except where it is under a legal obligation to do so; 4.2 use its reasonable endeavours to obtain the maximum for the Claims which are pursued; 4.3 as soon as is reasonably possible notify the Client if the Claim is not to be pursued. It is at Windsor Thompson Financial Claim s discretion to decide whether or not to proceed with the Claim at any time during the claims process but Windsor Thompson Financial Claims must act reasonably in taking any such decision; 4.4 as soon as is reasonably possible notify the Client of the outcome of the Claim; 4.5 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 when 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. 4.6 If required, undertake a credit check on the Client via a third party if this is to assist and validate the Claim. The Client will not be liable for the cost of the credit check and a copy can be sent to the Client upon request. 5 General 5.1 You are happy that Windsor Thompson Financial Claims have provided you with clear information on your right to pursue this claim yourself with the Company and that you also have the right to take matters further with the Financial Ombudsman Service, details of which have already been provided to you. Despite this, it is your preference to instruct Windsor Thompson Financial Claims to act on your behalf. Policy Holder s

7 Terms of Engagement CUSTOMER COPY (Please retain this page for your records) These are the terms of engagement for the appointment of Windsor Thompson Financial Claims to act on the Client s behalf in all aspects of the administration & negotiation of the claim. 1 Definitions Background 3 The Client will: Obligation 1.1 Agreement means the contract comprising the Terms of Service, Letter of Authority and these Terms of Engagement, between Windsor Thompson Financial Claims and the Client for the provision of the Service. 1.2 Windsor Thompson Financial Claims means Windsor Thompson Financial Claims, a trading style of Interactive Media Communications Ltd (IMC), a limited company registered in England & Wales with company number and registered office address at 61 Alexandra Road, Lowestoft, Suffolk, NR32 1PL is regulated by the Claims Management Regulator in respect of regulated claims management activities: Number CRM Cancellation Fee means the reasonable cost incurred for the work undertaken in pursuit of the claim by Windsor Thompson Financial Claims charged at the rate of per hour spent on your case plus any disbursements and direct costs incurred by running your case until the point at which you cancel. 1.4 Claim(s) means the Client s claim or claims against the Company relating to the missselling of a payment protection insurance policy or policies; or the application of unlawful charges to the account(s) of the Client. 1.5 Client means the policyholder/account holder(s), whose details are set out in the Letter of Authority and who have appointed Windsor Thompson Financial Claims to provide services. 1.6 Company means the institution or persons a Claim is being made against. This may include but is not limited to 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). 1.7 means the total of any sums offered by the Company as a result of a Claim, including but not limited to gestures of goodwill, interest, reductions in borrowing and or arrears, and repayment of premiums. 1.8 Fee means the fee of plus VAT (at the VAT rate applicable) of the, payable to Windsor Thompson Financial Claims for the Services carried out by it. Example A: All compensation is cash in hand Total Example B: includes cash in hand award with loan and future instalment reduction 3,000 Total Example C: is used to offset arrears consumer has on credit card or loan 3,000 Total Of which cash is 3,000 Of which cash is 1,000 Of which cash is 0 Fee 3,000 Loan Reduction 2,000 Se off arrears 3, Fee 750 Fee % % % 150 Total fee 900 Total fee 900 Total fee 900 Consumer (and no reduction in loan as it is already paid off in full) 2,100 Consumer (and a reduction if 2,000 in future loan instalments) 100 Consumer 900 (and a reduction of 3,000 in their outstanding loan) 1.9 Letter of Authority means the letter included in the claim pack to be sent to the Company authorising Windsor Thompson Financial Claims to act for the Client Services means the services provided by Windsor Thompson Financial Claims including assessing the viability of preparing, submitting and negotiating the Claim Terms means the Terms of Engagement Unsuccessful Claim means one where no compensation is offered by The Company. 2 Conduct of Engagement 2.1 By signing the Terms of Service and these Terms of Engagement, the Client hereby agrees to be bound by the Terms and appoints Windsor Thompson Financial Claims to provide the Services for such period as to allow Windsor Thompson Financial Claims to assess, and if reasonably possible, to complete the Claim. 3.1 Complete and sign the Letter of Authority to give Windsor Thompson Financial Claims his consent and full authority to deal with the Company on his behalf and obtain relevant information from whatever source on a continuing basis. The validity of the Letter of Authority will terminate once the outcome of your claim is reached; 3.2 deal promptly with all reasonable requests by Windsor Thompson Financial Claims for authority, information, documents and further instructions that Windsor Thompson Financial Claims may from time to time require. Failure to do so will give Windsor Thompson Financial Claims the right to terminate the Agreement forthwith with the Client being liable for the Cancellation Fee; 3.3 promptly inform Windsor Thompson Financial Claims of any relevant matters affecting the Claim and forward any documentation received from the Company in respect of The Claim; 3.4 give Windsor Thompson Financial Claims the right to deal exclusively with the Claim unless otherwise agreed in writing by the Client and Windsor Thompson Financial Claims; 3.5 subject to clause 3.6 below, if this Agreement is terminated by the Client for any reason after the 14 day cooling off period, the Client will pay Windsor Thompson Financial Claims the Cancellation Fee 3.6 if the client terminates the Agreement after an offer of has been made by the Company, the Fee will still be due and payable from the Client regardless of whether the Client accepts the offer 3.7 not be liable for any charge in respect of an Unsuccessful Claim; 3.8 not be liable for any charges in respect of any claim cancelled by the client in the first 14 days from the date the Client signed the Terms of Services, Letter of Authority and Terms of Engagement. After the 14 day period, the cancellation will be subject to a Cancellation Fee. 3.9 settle the invoice sent by Windsor Thompson Financial Claims following notification of an offer to pay by the Company to the Client. If the fee is not paid in full within 28 days of the dated invoice, Windsor Thompson Financial Claims reserve the right to refer the debt to a collection agency or pursue legal action which may result in the addition of further fees agree that where, as a result of a claim submitted by Windsor Thompson Financial Claims, the Company investigates additional policies and makes offers of, pay Windsor Thompson Financial Claims the fees due on all successful claims. 4 Windsor Thompson Financial Claims will: 4.1 rely on the information and documents provided by the Client to Windsor Thompson Financial Claims as being true, accurate and complete. Windsor Thompson Financial Claims will not audit, test or check such information or documents except where it is under a legal obligation to do so; 4.2 use its reasonable endeavours to obtain the maximum for the Claims which are pursued; 4.3 as soon as is reasonably possible notify the Client if the Claim is not to be pursued. It is at Windsor Thompson Financial Claim s discretion to decide whether or not to proceed with the Claim at any time during the claims process but Windsor Thompson Financial Claims must act reasonably in taking any such decision; 4.4 as soon as is reasonably possible notify the Client of the outcome of the Claim; 4.5 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 when 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. 4.6 If required, undertake a credit check on the Client via a third party if this is to assist and validate the Claim. The Client will not be liable for the cost of the credit check and a copy can be sent to the Client upon request. 5 General 5.1 You are happy that Windsor Thompson Financial Claims have provided you with clear information on your right to pursue this claim yourself with the Company and that you also have the right to take matters further with the Financial Ombudsman Service, details of which have already been provided to you. Despite this, it is your preference to instruct Windsor Thompson Financial Claims to act on your behalf. If there is anything you do not understand in this document, please call for a straight forward explanation.

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9 Subject Access Request Form FORM 4 (Please Return) Full Name of Birth Address Joint Applicant of Birth Address Former Address Former Address Name of Bank/Finance Company Account Number/s Under the provision of the Subject Access Rights granted to me by the Data Protect Act, I would be grateful if you would forward the below information to my representative, Windsor Thompson Financial Claims in relation to the above account/s. 1. A copy of all original signed agreements 2. A copy of all the terms and conditions that apply to the agreements 3. Notice of assignments (if possible) 4. Statements of all accounts 5. Account transactions history (client statements if available) and interest rates (APR) 6. A copy of all original application forms In consideration of the above conditions I enclose the statutory fee of and respectfully request that you comply with this request within the prescribed timescales. Please also note that this has been sent by registered post. I further request that you communicate directly with Windsor Thompson Financial Claims in respect of any aspects of the account and further instruct that delivery of all correspondence in relation to this request is delivered directly to Windsor Thompson Financial Claims at the following address: Unit 10, Sea lake Road, Lowestoft, Suffolk NR32 3LQ. Client s Print Name Print Name