Scope of Work and Summary Terms of Business
Vehicle Finance Claims
Definitions –
References in this agreement to “we“, “us“, “our” or Consultation Claims Limited means our successors, transferees and assigns.
DSAR – means Data Subject Access Request. This is a request for a data controller to provide information that allows to identify an individual or information related to such identifiable individual.
“complaint(s)” means your complaint lodged with the finance provider/lender in accordance with their complaints policy, or if applicable the Financial Ombudsman Service, for compensation in relation to mis-selling (or otherwise) of motor finance.
“claim(s)” means your claim(s) for compensation against your finance provider.
“win” means that an offer of redress is made in respect of your claim.
“redress” means compensation or refund awarded to you, including any compensation offered by the lender, the Financial Ombudsman Service or through any future motor finance redress scheme.
The service we provide may include:
- An initial assessment of your case and any potential claim
- We will complete pre-administrative work and make a DSAR to your broker/lender. Once we receive the relevant information from your lender we will review the finance agreement and associated terms and conditions
- Where we believe there is a genuine cause for a valid claim, we will represent your claim for redress from a broker/lender.
- We will calculate an estimated amount of loss based on information within the finance credit agreement you took out for your car finance, if we believe you have grounds to proceed with a claim.
- Negotiating on your behalf to obtain an offer of redress for you if you were mis-sold.
- Where appropriate and deemed unavoidable we will pursue the case through the Financial Ombudsman Service (FOS).
- If the complaint is rejected by both the lender and FOS, and we believe there is legal grounds to proceed with litigation we can refer your case to a solicitor partner to pursue the court litigation route.
- The DSAR we obtain on your behalf may reveal that you have other financial agreements where you are owed a refund or other redress. By signing this agreement you confirm that we may advise and where appropriate assist you in recovering money for you from these claims. We may if required introduce you to one of our panel solicitors for this purpose who will also work on a NO WIN NO FEE basis.
Consultation Claims Limited Fees and Charges
Consultation Claims Limited will act on a ‘NO WIN NO FEE’ basis, and there are no administration charges or hidden fees payable. Please see information on cancellation fees below. Only if an offer of redress is received by you will a fee be due. In such a case, if you choose to reject the offer, or you attempt to accept an offer directly or cancel this agreement after an offer has been made, then our full fee would be due and payable.
In successful cases, we are entitled to receive a percentage of redress which is inclusive of VAT where applicable, of any redress recovered in relation to any accounts with your lenders, even if received after the initial settlement no matter if the redress was in part or whole by the way of refund of premiums, loan/arrears reduction and/or cash. The fee is calculated before any relevant tax deduction/payment which you may be liable for.
This fee may be shared with introducers involved in the process.
Risks
If your finance agreement with the lender is still active and unresolved, and your successful complaint or claim results in compensation in the form of a reduction in the amount you owe, such as for loan arrears or outstanding balance, you will still be required to pay Consultation Claims Limited’s fee. This means that even if you do not receive cash compensation and your outstanding balance is reduced, you may still have an obligation to pay a fee to Consultation Claims Limited.
Our fee charging rates in successful cases:
For each successful claim(s), our fee(s) (at a maximum of 30% + VAT) will be payable. Our charging rates are set in bands depending upon the amount of redress or refund you receive and are based upon the level of work projected to be undertaken in each case and our expenses. Our fees are subject to the following fee caps in accordance with the FCA rules. The fee caps are exclusive of VAT. Our fees are subject to VAT at the prevailing rate.
| Band | Redress or Refund Received | Maximum Percentage Rate | Maximum Fee |
| A | £1- £1,499 | 30% | £420 |
| B | £1,500 – £9,999 | 28% | £2500 |
| C | £10,000 – £24,999 | 25% | £5000 |
| D | £25,000 – £49,999 | 20% | £7500 |
| E | £50,000 + | 15% | £10,000 |
Example of Cost- For example, if the agreed fee is 25% exclusive of VAT where applicable and the redress we receive for you is £1000, then the fee payable to us in successful cases would be £250 exclusive of VAT where applicable. Upon receipt of the redress, you must pay our fee.
Paying Us
- Depending on the lender and the nature of your case, we may receive compensation on your behalf. In this case, we will remit the compensation (less the amount of agreed fee, as set out above) to you promptly.
- Upon completion of your claims in successful cases we may if we feel appropriate reduce the percentage (%) charged to you. We will notify you if this applies to your claim(s) and invoice you accordingly.
- Once redress has been awarded, we will continue to represent you to make sure the correct amount of redress is paid. If you receive any further payment from the lender, any additional payments are subject to the same terms as stated in the above table of fees.
- In the event compensation or redress amount is paid to you directly by the finance provider in relation to any of your accounts, you must notify us immediately and pay our fees at the agreed rate promptly.
- In the event our fee is not paid after 21 days of receiving your redress amount then a £30 administration charge will be applied and added to any outstanding balance as well as a late payment interest which will be calculated at 8% per annum from the fee due date until the final payment is received.
- If you have outstanding obligations to the lender. You understand and accept that if your finance agreement is still live the lender will normally give you the option to reduce the amount you owe or hand the vehicle back and receive a refund, in both eventualities Consultation Claims Limited’s fee will still be due at the agreed rate.
Important Information
We have made You aware and You fully understand that the Financial Ombudsman offers free support and you can make a complaint yourself without the involvement of Consultation Claims Limited or seek independent advice.
Making a complaint about Consultation Claims Limited. If you are unhappy with Our service at any stage throughout the process, please contact our customer service department at enquiries@consultationclaims.co.uk or by telephone 03330537404.
Cancelling this agreement. You have a 14-day cooling off period which starts from the date you sign/e-sign the Letter of Authority in which you can cancel your contract without charge. Please email cancellations at enquiries@consultationclaims.co.uk or alternatively you may write to us at Consultation Claims Limited First Floor, 8 Princes Parade, Liverpool, L3 1DL. If at any time during the 14-day cooling off period, we receive an offer of compensation our normal fees will be payable.
If you cancel after 14 days cooling off period but before an offer of redress is made, Consultation Claims Limited may decide to make a fair and reasonable cancellation charge which will be determined by the amount of work completed to that point in time in relation to your claim. Once a cancellation is requested outside the 14 days, we will send out an itemised bill detailing the work Consultation Claims Limited have completed on your behalf.
Our authorities. By signing this agreement, you are authorising us to carry out a soft credit search on your behalf by using your personal data in order to acquire required information (account numbers and the start date of your agreement) on any historical finance accounts you may have held.
We will verify your identity using a credit checking and/or anti-money laundering service. Details of which will be shared with our associates, sub-contractors and legal partners.
You give us authority to investigate all accounts with your providers (lenders) and you give us permission to receive and pass on your information including your personal data in this matter. As well as agreeing to the payment of our fees on the total redress on these accounts.
Your status. By signing this agreement, you confirm that you have never been declared insolvent either by the way of an IVA, Bankruptcy, Debt relief order (DRO) or a Trust Deed.
By signing this agreement, you confirm you are not currently in a Debt Management Plan or arrears with the provider (lender) we are looking into on your behalf.
Your personal data. You give permission for us to share your information including your personal data with our associates, sub-contractors and any replacement provider for claims management purposes. Please see our Privacy Notice for more information.
Our right to assign this agreement to another provider. You agree that our obligation under this agreement may be transferred to another provider of claims management services or a law firm regulated by the SRA by giving you suitable notice via electronic communication (inc. Email and SMS) and the benefit of any or all of our rights under or relating to this agreement may be assigned to any of our affiliates, funders, investors or any other third party, without prior notice to you. This agreement may be varied by us by giving you reasonable notice via electronic communication (inc. Email or SMS).
Severability. If any term or provision of these Terms of Business is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms of Business or invalidate or render unenforceable such term or provision in any other jurisdiction.
Governing law. These Terms of Business and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.