MoneySmartCo Limited Terms of Business MoneySmartCo Limited (Company Number ) is a claims management company authorised and regulated by the
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1 MoneySmartCo Limited Terms of Business MoneySmartCo Limited (Company Number ) is a claims management company authorised and regulated by the Claims Management Regulator in respect of claims management activities and that registration is recorded on the claims regulation website. MoneySmartCo Limited s registered office is The Vale, London W3 7QS. These terms constitute MoneySmartCo Limited's terms of business for the provision of services in respect of claims management activities. Please ensure that you have read these terms of business carefully before signing the Form of Authority. Your attention is particularly drawn to condition 3 regarding liability. Definition of Terms 1.1 'You' and "your" are references to the person whose name is detailed on the Form of Authority. This can also include your partner (if the application is in joint names). 1.2 'The Company' means MoneySmartCo Limited. 1.3 'Form of Authority' means the form signed and returned by you to the Company appointing the Company to act on your behalf in respect of your claim. 1.4 'Lender' means any financial institution, bank, building society, insurer, mortgage or other financial organisation. 1.5 ' Compensation and or Refund of fees' means the total value of both monetary and nonmonetary benefits offered by the Lender to you as result of our claim. Monetary benefits include but are not limited to compensation, refund of fees, gesture of goodwill or discount. Non-monetary benefits include but are not limited to a waiver, cancellation, reduction, saving, deduction, rebate, or re-structuring. 1.6 'Contract' means the contract between you and the Company consisting of the signed Form of Authority and these Terms of Business. 1.7 Successful settlement means securing an offer from the lender. This includes but is not limited to cash only, cash and finance (future instalment reduction) refunds, rebate, offset to arrears and a reduction of existing overdraft. 1.8 Claim means contact we have made to the Lender for Compensation in respect of mis-sale of one or more financial products listed in clauses 1.9 to either to cancel the Insurance policies, waiver, negotiate a rebate, reduction, saving, deduction offset arrears, reduce an existing overdraft or re-structure. 1.9 Packaged Bank Account means a fee-paying bank account Card Protection/Identity theft Insurance means insurance for your debit and or credit cards Critical Illness means insurance for eventualities such as serious illness and or death Annuity means annual retirement income paid to you once you retired Savings Account/ISAS means account where savings can be made Overdrafts means a form of credit facility which you can use as part of some current account Investments means investment accounts where investments can be made General Insurance means insurance design to protect against unexpected incidents Credit Cards & Loans means form of credit, which can be borrowed
2 Endowment means a form of insurance designed to cover any shortfalls on mortgage upon on its maturity Pay Day Loans means short term credit Delayed/Cancelled Flights 2. What the Company will do 2.1 The Company will notify you promptly via written correspondence and/or if the Company decides it cannot pursue an application for Compensation. 2.2 The Company will use reasonable efforts to keep you informed of the progress of your claim. 2.3 The Company will, so far as it is aware and legally able, act in your best interests at all times in pursuing your claim for Compensation. 2.4 The Company in pursuing a claim for Compensation will send a letter of complaint to the Lender and if the Lender does not comply or rejects the complaint, the Company may refer the claim to the Financial Ombudsman Services (FOS). The FOS is available for use by individuals free of charge. 2.5 We cannot give you any undertaking or warranty that your Claim will succeed and result in any Compensation to you, as to the likelihood of your Claim succeeding and resulting in Compensation or as to the amount of Compensation that may result from your Claim 2.6 Upon successful Claim we will request the Lender to compensate all the premiums paid up to the date of the decision, any interest paid on the premiums as well as a basic 8% statutory interest. 3. Liability 3.1 Other than in respect of death or personal injury, our liability to you or any other person: is limited to any loss you suffer that is a reasonably foreseeable consequence of our acts or omissions; 3.2 Other than in respect of death or personal injury, we will not be liable to you or any other person: for any consequence of a Policy being cancelled; for any claim you may have against the Firm other than the claims outlined between clause If any form of tax is payable by you or on your behalf in relation to the Compensation Amount (such as income tax which is payable by you in respect of the interest paid to you as part of the Compensation Amount), you shall be fully responsible for such payment and we shall have no responsibility to make such payment on your behalf to relevant Tax bodies. 4. What you will do 4.1 You will provide all documentation and correspondence which you hold in relation to your claim including Policy numbers to the Company within 7 days of it being requested and shall ensure (and shall procure that the Lender shall ensure) that all information you provide to the Company (or is provided to the Company on your behalf) is true, accurate and not misleading and you agree to indemnify (and keep indemnified) the Company against all liabilities, costs, expenses, claims, losses or damages arising from each breach of your obligation under this condition You will not authorise anyone else to deal with your Compensation claim whilst the Company is acting for you and this Contract is in force (including any claims management company or law firm). You confirm that you have not previously authorised anyone else to deal with your claim. 4.3 You will not to pursue the claim personally whilst the Company is acting for you and this Contract is in force. 4.4 You will not contact or enter into correspondence with the Lender without express permission of the Company (which may be given at the Company's sole discretion) whilst this Contract is in force.
3 4.5 You confirm that you will immediately inform the Company of any correspondence you receive from the Lender and without delay send any such correspondence to the Company at The Vale, London W3 7QS 4.6 You confirm and warrant that you have not previously claimed or received Compensation nor have you been offered Compensation from the Lender. 4.7 You authorise the Company, in pursuing your claim, to contact the Lender directly and collect any Compensation on your behalf. 4.8 You confirm that you are aware have the option to pursue a claim in respect of a mis-sale yourself against the Firm and to contact the Financial Ombudsman Service directly without a charge, to seek further advice and to shop around, but you have decided to instruct us as your sole representative. 4.9 You agree to telephone us within 3 days if you receive any Compensation from a Firm, to send such correspondence to the Company at The Vale, London W3 7QS and to pay our fee (as set out in paragraph 6) within 5 days of receiving any such Compensation If you are in arrears (e.g. in a Debt Management Plan, IVA, Bankrupt), Please think carefully about how you would pay our fees, and if appropriate seek advice from an independent financial advisor before signing the Form of Authority. 5. Performance The Company cannot be held responsible for any delays in the performance of this Contract caused directly or indirectly by any third party (including you, the Lender or any third party). 6. Fees 6.1 If you claim for compensation against the lender is unsuccessful the company will not charge you a fee for its services (NO WIN NO FEE) unless section applies. 6.2 On a successful settlement of any claim you will pay the Company fees which is 30% plus VAT. For example if we recover compensation for you in the amount of 2000 for any particular claim our fee will be 600 plus VAT. Or for example if the bank clears your existing overdraft by 2000 as result of the claim the company made on your behalf our fee will be 600 plus VAT. But if the compensation you receive for any claims is below 550 we will charge you 50%, which is inclusive of Vat of the total amount of compensation. Our fee for a Claim where the total compensation you receive is below 550 will never be more than half inclusive of Vat for that particular Claim. 6.3 If you receive a payment offer from the Lender you will notify the Company within 3 days of receipt. 6.4 If you reject a payment offer made by the Lender which is deemed to be consistent with Financial Conduct Authority or Financial Ombudsman Services guidelines, the Company reserves the right, at its sole discretion, to close your claim and charge you 30% plus Vat of the offer for our services or any fees incurred processing this claim on your behalf. 6.5 When the Lender sends you the Compensation directly you agree to immediately notify the Company and you will pay the Company its fee based on the value of the Compensation you have received, as set out in paragraph Where there are two names on the Form of Authority, the Company may recover its fee from either of them. 6.7 If the payment is made using a debit or credit card the following charges will be added: 2.5% on Credit card payments and a charge of 2.00 on all Debit card payments. 7. Non Payment of Invoice, what you have to do when you receive Compensation from a Lender; and when you have to pay our fee
4 7.1 Please note that a Lender will not pay to us the fee you have agreed to pay (as set out in paragraph 6). 7.2 You agree to telephone us within 3 days if you receive any Compensation from a Lender and to pay our fee (as set out in paragraph 6) within 5 days of receiving any such Compensation. 7.3 We will treat you fairly at all times. If you do not pay our fee promptly as set out in paragraph 6, we will be entitled (a) to charge a late payment charge of 10 for the 1st payment chaser letter sent to you, 20 for the 2nd payment chaser letter sent to you and 30 for final demand payment chaser letter sent to you. 7.4 If you do not pay our fee promptly as set out in this paragraph 6, we will be entitled (a) to charge a late payment fee of 4% per annum (accruing daily) above the base rate of National Westminster Bank Plc on any amount due (and unpaid) from you to us and (b) to instruct a third party to recover any amount due from you to us at any time following 14 days from the date on which the amount becomes due; and, if we do instruct any third party to recover amounts you owe us on this basis, you agree to pay the costs of such third party, in addition to our costs to recover the amount due. 8. Cancelling the Agreement between you and us 8.1 You are entitled to cancel the Agreement by completing the Cancellation Form below (the "Cancellation form") and sent it to MoneySmartCo Ltd, The Vale, London W3 7QS (or, if we notify you of a change of our address, at such other address); and the cancellation will take effect from the date on which you communicated to us your wish to cancel the claim. In case of cancellation being posted to us the cancellation we will take effect from the date it was posted subject to proof of postage. We will acknowledge the cancellation in writing within 7 days of receiving the Cancellation Notice. If you do not receive our acknowledgement, you should contact us to confirm that we have received the Cancellation Notice. 8.2 If you cancel the Agreement: within the period of 14 days from the date of signing the Form of Authority, you will not be liable to pay us any fees; If your cancellation letter is not received within 14 days of you having signed the Form of Authority we will charge you for our services at our standard charge rate of 75 plus Vat per hour to cover our reasonable costs for such preparation, processing and administration costs up to the time that you cancelled the contract in writing. Although, we work on no win no fee basis, we are entitled to charge a reasonable cancellation fee for the work we have carried out and/or be rewarded for any compensation you receive as result of our work. If you wish to cancel the claim after the lender has made a reasonable settlement offer our fees will be equivalent to our fees set out in clause 6 on the basis that you have received the full benefit of our services If your claim is terminated due to your failure to co-operate a cancellation fee will be payable in accordance with If we become aware that you are pursuing your claim independently or if you failed to comply with your obligations under paragraphs 4.1, 4.2, 4.3 and 4.6 you will be liable to pay our cancellation fee at standard charge rate of 75 plus Vat per hour to cover our reasonable costs for such preparation, processing and administration costs The company will not accept any liability for non-receipt of a cancellation request In the event, that pursuant to paragraph 8.2.2, we charge a cancellation fee on hourly basis and subsequently it comes to our attention that you received Compensation, before or after the date of cancellation, which we consider to have been as a result of our work, we shall be entitled to charge you our fee set out in clause 6, less any cancellation fee you have paid.
5 8.2.7 This cancellation fee will be invoiced and posted to you and shall be payable in accordance with paragraph 7. Any non-payment of this invoice will be dealt with as at paragraph 7 above. 8.3 On cancellation of the Agreement, the Agreement terminates and your and our rights and obligations under the Agreement cease (although termination will not affect any of your and our rights or liabilities accrued at the date of termination), except that the provisions set out in paragraphs 4.9, 7, and 10 will survive termination. 8.4 We are entitled in our absolute discretion not to process or continue to process your Claim and to cancel the Agreement at any time. If we do, we will inform you promptly. 9. Notional Invoicing 9.1 If the Company becomes aware whilst this Contract is in force that you have received a final response and/or payment from the Lender and you do not comply with paragraphs 4.9, 6.5 and 7.2 we are entitled to raise a Notional invoice on the basis that you have received full benefit from our services and received compensation from the Lender as result. A notional invoice is based on our average fee for such claim. 10. Notices Any notice given to the Company must be made in writing. 11. Making a claim You understand that you can pursue your claim yourself, and you can shop around, but you have chosen to instruct the Company to pursue the claim on your behalf. 12. Data Protection We hold all personal information in accordance with the Data Protection Act By signing the Form of Authority you give the Company express permission to process your personal information for the purposes of assessing your claim and carrying out the Company's duties. This may include where appropriate credit searches for the purpose of identifying financial arrangements you may have entered into We would also like to keep you informed of other related services either from us or from carefully selected third parties from time to time that may be of interest to you. If you would prefer that we did not do so, please let us know by ing us to info@moneysmartco.com or telephone us on How you can complaint about us If at any time you are not satisfied with our service, you have the right to complaint. A copy of our complaint procedure is set out on our website and we will also send a copy by post on request. 14. General 14.1 These terms of business shall be governed by and construed in accordance with the laws of England and Wales The English Courts will have exclusive jurisdiction in relation to any claim or dispute arising from these terms of business This Contract is between you and the Company. No other person shall have any rights to enforce any of its terms Each of the paragraphs of this Contract operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect If the Company fail to insist that you perform any of your obligations under this Contract, or if the Company do not enforce the Company's rights against you, or if the Company delay in doing so, that will not mean that the Company has waived the Company's rights against you and will not mean
6 that you do not have to comply with those obligations. If the Company do waive a default by you, the Company will only do so in writing, and that will not mean the Company will automatically waive any later default by you If you have cause to complain any complaint must be made by telephone, or letter to MoneySmartCo Ltd, The Vale, London W3 7QS. An acknowledgement will be provided within 5 working days and a final response issued within 8 weeks. A copy of our Complaints Procedure is available online at or by telephoning on
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