Terms of Agreement

Terms Of Engagement (“Agreement”)


These Terms of Engagement detail how Allison Allcott Ltd will undertake its Claims Services to You. By completing, signing and returning the Letter of Authority (LOA), You agree to be bound by these Terms of Engagement (“Agreement”).

1.Definitions
a. “Claim(s)/Complaint(s)” means Your Claim(s) against the Lender/Company relating to mis-selling of a financial product, service or policy(ies) on any account with that Lender /Company.
b. “Claims Services” means conducting, investigating, preparing, submitting and handling Your Claim(s) to/with the Lender/Company. Where appropriate, this may include submitting a referral to the Financial Ombudsman Service and/or the Financial Services Compensation Scheme and/or commencing legal proceedings on Your behalf.
c. “Company” means the business, for example the Lender or Broker, to whom the Letter of Authority (LOA) is addressed, who provided/sold Lending or financial service or product including any associates and/or their predecessors.
d. “Compensation” means any sums offered, given and/or paid in respect of settlement, including goodwill gestures, any interest payments and associated charges.
e. “Cooling-off Period” means any time up to 14 days from the date Allison Allcott Ltd receives Your initial signed LOA within which time You may cancel this Agreement free of charge.
f. “Fee(s)” means the amount You will have to pay to Allison Allcott LTD for the Claims Services. namely 25% plus VAT * (at the prevailing rate), of the Compensation received from the lender/Company.
g. “FOS” or “FOS Questionnaire” means the Financial Ombudsman Service, who can review the Lender/ Company’s decision about Your Claim(s). Allison Allcott Ltd will use the information You have provided in relation to the Claims Services to complete a FOS Questionnaire, where applicable. 

Your Claim(s) will not be referred to the FOS without Your Instruction.

h. “FSCS” means the Financial Services Compensation Scheme who can review a Claim(s) against a Company which is unable, or likely to be unable, to satisfy a Claim(s) against it.
i. “Initial claims Pack” means the first Pack Allison Allcott Ltd sends to You for Claim(s) relating to the mis-selling of a Financial Service or Product.

You may receive more than one Initial Pack.

j. “Instruction” means You authorising Allison Allcott Ltd to undertake the Claims Services which is given when You sign and return a LOA, or other authorisation document.
k. “Letter of Authority (LOA)” means the document to be sent to the Lender/Company containing Your authority for Allison Allcott LTD to act on Your behalf. An LOA will be provided in Your Initial Claims Pack and Allison Allcott Ltd or the Lender/Company may require You to sign further LOA(s) during the Claim Services.
l. “SAR” means Subject Access Request , to be sent to the lender/company in order to request for any information they might hold on your account or agreement with them.
m. “Us” means Allison Allcott Ltd, Company Number: 10797673 who are authorised and regulated by the Financial Conduct Authority, Interim Permission Number: 838381. This registration is recorded on the website https://register.fca.org.uk/
n. “Termination Charge(s)” means the charges You may incur if You cancel Your Claim(s) after the Cooling-off Period.
o. “You/Your” means the account/policy holder(s) whose details are set out in the LOA and who have appointed Allison Allcott Ltd to act on their behalf and also includes an Executor(s) or Administrator(s) of a Deceased Person’s Estate

2. Claims Services
a. Allison Allcott Ltd will not commence the Claims Services and process Your Claim(s) until Allison Allcott Ltd receives Your Instruction to do so.
b. Allison Allcott Ltd will use reasonable endeavours to request the Lender/Company to confirm any information they hold in relation to your account with them , by making a Subject Access Request (SAR).
d. You authorise this Agreement to continue once we are in receipt of such information as referred to in (2.(b) above.
e. ALLISON ALLCOTT LTD will investigate and, if appropriate, based on the information provided by You and the Lender/ Company, prepare, submit and handle Your Claim(s) to the Company and/or the FOS and/or the FSCS on Your behalf. If ALLISON ALLCOTT LTD does not believe there is merit for Your Claim(s), ALLISON ALLCOTT LTD will notify You and provide information about Your next steps.
f. You understand that by completing one LOA, the Lender/Company may investigate all accounts you might have with the Lender/Company under the Instruction(s) provided, and that any successful Claim(s) will be subject to our Fee(s).
g. ALLISON ALLCOTT LTD or the Lender/Company may require further authority, information or documents from You to facilitate the provision of the Claims Services. Documentation that may be required may include ; proof of identification and proof of address (this is not an exhaustive list).
h. You agree that You will deal promptly with requests for authority, information or documents that ALLISON ALLCOTT LTD or the Company might make.
i. You will ensure that any information provided is true, accurate and completed to the
best of Your knowledge. ALLISON ALLCOTT LTD will not check such information except where it is under legal obligation to do so.
j. The Company may contact You directly and You will inform ALLISON ALLCOTT LTD promptly of this and any relevant matters affecting Your Claim(s).
k. ALLISON ALLCOTT LTD will use reasonable endeavours to obtain Compensation for the Claim(s) pursued.
l. ALLISON ALLCOTT LTD will update You about any significant development in Your Claim(s) using Your preferred contact method, including by SMS (text message), email, telephone and/or post. You will receive at least one update per Claim(s) every six months.
m. Any successful Claim(s) will be subject to a Fee(s), as set out in clause 4.
n. You agree to ALLISON ALLCOTT LTD dealing exclusively with Your Claim(s) and acknowledge that You could complain directly to the Company and/or the FSCS and, if unsuccessful, the FOS, at no cost.

3. Conclusion of Your Claim(s)
a. ALLISON ALLCOTT LTD will promptly notify You of the outcome of the Claim(s).
b. If Your Claim(s) is unsuccessful, or the Lender/ Company does not make a reasonable offer of Compensation, ALLISON ALLCOTT LTD may seek Your Instruction to refer Your Claim(s) to the FOS, as specified under clause 1(g).
c. Your Compensation may be applied as part of Your bankruptcy estate, insolvency asset, other formal debt arrangement or arrears with the Lender/Company and Your Compensation may not be paid directly to You.
d. Where interest is included as part of the Compensation it may be taxable depending on Your personal tax status and You understand that You are required to disclose this payment to HMRC.

4. ALLISON ALLCOTT LTD Fee(s)
a. When ALLISON ALLCOTT LTD undertakes any Claims Services and is not successful in obtaining Compensation then You owe ALLISON ALLCOTT LTD nothing, except where You terminate this Agreement in accordance with clause 5.
b. When ALLISON ALLCOTT LTD undertakes any Claims Services and is successful in obtaining Compensation then You owe ALLISON ALLCOTT LTD 25% plus VAT * (at the prevailing rate), of the net Compensation amount. This means, for example: if ALLISON ALLCOTT LTD succeeds in obtaining Compensation of £1,000, the Fee(s) would be £300. You would receive £700. If ALLISON ALLCOTT LTD succeeds in obtaining Compensation of £3,000, the Fee(s) would be £900. You would receive £2100. If Compensation of £10,000 is received the Fee(s) would be 3000, You would receive £7000. VAT is charged at the prevailing statutory rate.
d. ALLISON ALLCOTT LTD will invoice You for the Fee(s) which becomes due from the date that either ALLISON ALLCOTT LTD or You are informed of an offer of Compensation. The Fee(s) is payable from the date You receive Your Compensation. You agree that the Lender/Company is entitled to remit the Compensation to ALLISON ALLCOTT LTD and that ALLISON ALLCOTT LTD shall deduct the Fee(s) before paying the balance of the Compensation to You.
e. ALLISON ALLCOTT LTD will, following the settlement of Your Claim(s) and the payment of Compensation by the Lender/Company to ALLISON ALLCOTT LTD, pay You the balance of the Compensation, after deducting the Fee(s). For the avoidance of doubt, where You have more than one successful Claim against one or more Lender/Company, ALLISON ALLCOTT LTD may deduct from any Compensation paid, the Fee(s) payable in respect of each of these Claims, from the Compensation received for any one of those Claims.
f. If the Company offers or pays Compensation to You directly, you agree to notify ALLISON ALLCOTT LTD immediately (within seven days at the latest) and to provide the details ALLISON ALLCOTT LTD needs to calculate Your Fee(s). For the avoidance of doubt, should You reject a reasonable offer of Compensation and/or refuse to sign a Lender/ Company’s Acceptance/Settlement Form, Your Fee(s) remains due and payable on the Compensation offered.
g. Compensation may be used by a Lender/Company to reduce any outstanding liabilities, arrears or
debts You owe them and You understand that ALLISON ALLCOTT LTD’s Fee(s) of  25% plus VAT * (at the prevailing rate), will be payable to ALLISON ALLCOTT LTD based on the total amount of calculated Compensation even if the Lender/Company does not pay the total Compensation directly to You.
h. If Compensation is paid directly by the Company to an Insolvency Practitioner or the Official

Receiver, and You do not receive any Compensation, you will not be liable for our Fee(s).

i. If You fail to pay the Fee(s) due and payable in accordance with this Agreement, ALLISON ALLCOTT LTD reserves the right to cancel all other active Claims and commence Court proceedings for recovery of its Fee(s).
j. ALLISON ALLCOTT LTD reserves the right to charge for costs and expenses incurred in recovering all unpaid Fees where an offer of Compensation is made from a Lender/Company to You.

5. Cancellation/Termination Rights and Charges
a. You may cancel this Agreement at any time, up to 14 days from the date ALLISON ALLCOTT LTD receives Your initial signed LOA (Instruction), at no cost to You.
b. You may terminate Your Agreement at any time after the Cooling-off Period, for any reason.

However, ALLISON ALLCOTT LTD may impose a Termination Charge(s) which will be reasonable and proportionate to the work done and the costs incurred by ALLISON ALLCOTT LTD, up to the date the Agreement is terminated.

For substantiation and referral of Your Claim(s) to the Lender/Company or the FOS or the FSCS the charge is £60, inclusive of VAT; for each manual communication e.g. an outgoing or incoming call/letter/email to or from either You or the Lender/Company.  ALLISON ALLCOTT LTD will charge You £48, inclusive of VAT; for each automated communication to You, inclusive of SMS.  ALLISON ALLCOTT LTD will charge You £18, inclusive of VAT.

c. If You terminate Your Agreement after an offer of reasonable Compensation is due to You,
then ALLISON ALLCOTT LTD shall be entitled to issue You a Termination Charge(s) equal to the Fee(s) that would be payable under clause 4.
d. You may request to cancel or terminate Your Agreement either in writing, by telephone or via email, please see the ‘Right to Cancel/Terminate’ Form in Your Initial Claims Pack for further details. You can also find a copy of this Form at

www.allisonallcott.com

e. ALLISON ALLCOTT LTD may at its sole discretion decide not to proceed with a Claim(s) and terminate this Agreement at any time. ALLISON ALLCOTT LTD must act reasonably in taking such a decision and promptly notify You. In such circumstances, you will owe ALLISON ALLCOTT LTD nothing.

6. Your Personal Data

a. ALLISON ALLCOTT LTD takes the privacy of Your personal information seriously. ALLISON ALLCOTT LTD will only use the personal information You provide to Us as outlined both in this clause 6 and in our Privacy Policy which can be viewed at www.allisonallcott.com/ privacy-policy. ALLISON ALLCOTT LTD asks that You read our Privacy Policy carefully. If required, a hard copy is available upon request. During the Claims Services Your personal information will be used to:-
i) Provide the Claims Services (including to third party organisations such as external solicitors for the purposes of undertaking these Claims Services); and
ii) Tell You about similar products or services relating to financial claims, by email, SMS, post and/or telephone, but You can opt out of receiving these, or a specific method of communication, at any time by contacting Us.
b. ALLISON ALLCOTT LTD will not disclose Your personal data to a third party without Your consent unless a lawful or legitimate basis applies.
c. ALLISON ALLCOTT LTD will update You throughout the Claims Services, using Your preferred contact method, including by SMS, email, telephone and/or post.

7. Disclaimer & Assignment

a. You acknowledge that any estimate of Compensation given to You is an estimate only. The success of Your Claim(s) depends on Your individual circumstances and merits of Your case.
b. If ALLISON ALLCOTT LTD acts in breach of this Agreement, ALLISON ALLCOTT LTD’s total liability to You in respect of all other losses arising under or in connection with this Agreement shall in no circumstances exceed the amount of any Compensation to which You are entitled for Your Claim(s).
c. Nothing in this Agreement shall limit or exclude ALLISON ALLCOTT LTD’s liability for:
i) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
ii) fraud or fraudulent misrepresentation; or
iii) breach of the terms implied by sections 49 to 52 of the Consumer Rights Act 2015.
d. ALLISON ALLCOTT LTD reserves the right to assign this Agreement and all rights under it and to subcontract to others all or any of our obligations under it. This Agreement is personal to You and is not assignable by You except to Your personal representatives.

8. Complaints
a. You can make a complaint about our service via ALLISON ALLCOTT LTD’s complaints procedure by email: complaints@allisonallcott.com by telephone on 08007747647 or by post to: Allison Allcott Ltd 6.4 Bizspace Empress Business centre 380 Chester Rd, Manchester, England, M16 9EA. You can also find a copy of our complaint’s procedure at www.allisonalcott.com.
b. Should You remain unhappy about ALLISON ALLCOTT LTD’s service, you may escalate Your complaint within six months to the financial Ombudsman Service
 
9. Governing Law
a. Each party irrevocably agrees that any proceedings relating to any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Agreement or its subject matter or formation instituted against You by ALLISON ALLCOTT LTD shall be brought in the appropriate Court of Your country of residence, which will either be the Courts of England and Wales, Scotland or Northern Ireland and shall be governed and construed by the applicable law for the appropriate jurisdiction. Any such proceedings against ALLISON ALLCOTT LTD by You shall be governed by and construed in accordance with English law and the parties irrevocably submit to the jurisdiction of the Courts of England and Wales.
b. This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by and construed in accordance with English law and the parties irrevocably submit to the exclusive jurisdiction of the Courts of England and Wales.

Terms of Engagement (“Agreement”)
Allison Allcott Ltd is regulated by the Financial Conduct Authority in respect of regulated claims management activities
(FCA No: 838381).  Registered with the Information Commissioners Office; registration number: ZA265588. Vat No: 410065845. 


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