About Us/ What We Do
Consumer Claims is a trading style of Harrington Jones Ltd who are a Claims Management Company (CMC) with a focus on financial mis-selling and financial irregularities.
What Happens Next
To keep the process as simple as possible we have used the information you provided to pre-populate your claim pack. However, please be aware that you may need to complete certain information regarding your financial agreements and sign all the relevant sections. Please check all documents & amend where necessary, in the event that you need to make any changes Please Sign & Date next to your amendment, including previous addresses and account numbers as this information is all part of your Lender’s verification criteria.
If you have a copy of your credit agreement/s to hand then please enclose them, as doing so can speed up the claim process considerably. Return the documents in the Free Post Envelope provided.
It takes on average 8 weeks to identify whether or not you have paid any payment protection insurance premiums on your agreement/s. When we have identified that you have paid payment protection insurance, we will then submit the Claim/s to your lender. This process can take up to an additional 12 weeks to receive a response. In some case/s your lender may reject the claim and we may escalate your case to the Financial Ombudsman Service, this will take considerably more time to complete. For more information please visit: www.financial-ombudsman.org.uk/faq
How We Keep You Updated
We will keep you updated throughout the entire claim process, by email, text and letter. If you would like to check the progress of your claim, you can contact our dedicated Customer Service Team by any of the following methods: Email info@consumer-claims.com, Phone 0333 123 1112 (Monday-Friday 9:00-17:00), Post Consumer Claims, 7 Harbour View, The Albany, South Esplanade, St Peter Port, Guernsey, GY1 1AQ. *Calls made to the 0333 number are free of charge, other lines are charged at the standard rate, although calls from mobiles may cost considerably more.
Our Fee and Fee Illustration
We will apply our ‘Service Charge’ based on the Gross Compensation** stated by the Lender. Our Service Charge will be payable upon the conclusion of any Claim we have completed for you (the Customer). Should you be in arrears with the Lender they may use some of the Compensation to reduce the amount you owe them, please note our Service Charge will still be calculated using the Gross Compensation figure. The fee illustrations below are not to be taken as an estimate of the amount we may recover for you and are just an example of how our fee is calculated, along with how the Lender may refund you.
Please Note: Fees for PPI Customers that agreed to the Terms of Engagement on or after the 10th July 2018 will be charged 20% for their claim/s. Fees for PPI Customers that agreed to the Terms of Engagement before the 10th July 2018 will be charged 39% for their PPI claim/s. Examples of the PPI Fees are shown in the tables below. All non-PPI claim/s will be charged at 39% of the Gross Compensation**.
Terms of Engagement Agreed to Prior to 10th July 2018
The examples below are for existing or new Customers who agreed to the Terms of Engagement prior to the 10th July.
|
Gross Compensation Received
|
Statutory Interest
|
20% Tax Deduction
|
Loan Reduced by Lender
|
Compensation Received by Customer
|
Our Fee Charged @ 39%
|
Customer Pays Us
|
| A |
£1,000.00 |
£500.00 |
£0.00 |
£0.00 |
£900.00 |
£390.00 |
£390.00 |
| B |
£3,000.00 |
£1,200.00 |
£240.00 |
£0.00 |
£2,760.00 |
£1,170.00 |
£1,170.00 |
| C |
£10,000.00 |
£4,000.00 |
£800.00 |
£0.00 |
£9,200.00 |
£3,900.00 |
£3,900.00 |
| Example 1 – All Compensation is fully received by the Customer – ‘Cash in Hand’ |
| Example 2 – Compensation is used to ‘offset’ as the Customer has arrears on Financial Product (Credit Card, Loan etc.) |
| Example 3 – Compensation is part received by the Customer as ‘Cash in Hand’ and remainder as reductions to future instalments |
Terms of Engagement Agreed to Prior to or after the 10th July 2018
The examples below are for new Customers who agreed to the Terms of Engagement after the 10th July. Please note: Consumer Claims are not currently accepting new Customers.
|
Gross Compensation Received
|
Statutory Interest
|
20% Tax Deduction
|
Loan Reduced by Lender
|
Compensation Received by Customer
|
Our Fee Charged @ 20%
|
Customer Pays Us
|
| A |
£1,000.00 |
£500.00 |
£0.00 |
£0.00 |
£900.00 |
£200.00 |
£200.00 |
| B |
£3,000.00 |
£1,200.00 |
£240.00 |
£0.00 |
£2,760.00 |
£600.00 |
£600.00 |
| C |
£10,000.00 |
£4,000.00 |
£800.00 |
£0.00 |
£9,200.00 |
£2,000.00 |
£2,000.00 |
| Example 1 – All Compensation is fully received by the Customer – ‘Cash in Hand’ |
| Example 2 – Compensation is used to ‘offset’ as the Customer has arrears on Financial Product (Credit Card, Loan etc.) |
| Example 3 – Compensation is part received by the Customer as ‘Cash in Hand’ and remainder as reductions to future instalments |
** Gross Compensation
You should note that all compensation contains an element of statutory interest , currently 8%. All lenders are obliged to deduct 20% tax from the 8% compensatory interest included in any offer of settlement. Our Service Charge of 20% will be calculated on the Gross compensation received before the 20% compensatory tax deduction.
Right to Cancel
You have the right to cancel this Contract at any time. You have the right to cancel this Contract within 14 days without giving any reason and without any charge. To exercise the right to cancel you must inform us of your decision to cancel this Contract either by a clear written statement sent by post to Consumer Claims, 7 Harbour View, The Albany, South Esplanade, St Peter Port, Guernsey, GY1 1AQ or e-mail info@consumer-claims.com. Alternatively, if your claim is within the first 14 days, we will accept a verbal confirmation by phone on 0333 123 1112* (Monday-Friday 9:00-17:00). *Calls made to the 0333 number are free of charge, other lines are charged at the standard rate, although calls from mobiles may cost considerably more.
The below charges only apply if you cancel after 14 days and before your Claim is completed and a successful Claim finalised. All fees shown below are case specific but not accumulative.
|
Stage
|
Description – After 14 Days
|
Cost to Customer – After 14 Days
|
| 1 |
Initial Fact Find & PPI Check |
Up to £150.00 |
| 2 |
Confirmation of PPI and Letter of Complaint (Claim) to the Lender |
Up to £200.00 |
| 3 |
Complaint acknowledged by the Lender |
Up to £250.00 |
| 4 |
Appeal via the Financial Ombudsman Process |
Up to £300.00 |
| 5 |
Offer Received from the Lender or Financial Ombudsman |
Up to the Full-Service Charge as above |
Complaints Handling Procedure
Should you have a Complaint you can contact us by post, email or phone. You can write to us at Consumer Claims, 7 Harbour View, The Albany, South Esplanade, St Peter Port, Guernsey, GY1 1AQ. Email us at info@consumer-claims.com or alternatively you can call us on 0333 123 1112* Option 4 (Monday-Friday 9:00-17:00). *Calls made to the 0333 number are free of charge, other lines are charged at the standard rate, although calls from mobiles may cost considerably more.
We will acknowledge your Complaint within five business days, and we will try to resolve your Complaint within 4 weeks. If we cannot resolve the issue within 4 weeks, we will give you a satisfactory explanation regarding the extra time required. Within 8 weeks of receiving a Complaint we will send you a final response which will adequately address the Complaint. If you are not satisfied with our final response, then please refer to our full Complaints Handling Procedure which can be found on www.consumer-claims.com or can be supplied upon request. 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 Financial Ombudsman Service (FOS) you can contact them by Post: Financial Ombudsman, Exchange Tower, Harbour Exchange, London , E14 9SR Phone: 0800 023 4567 or Online: www.financial-ombudsman.org.uk. Please note any Complaint must be referred to the Financial Ombudsman service within 6 months of the date of our written final response.
Need to Know
You have the right to shop around and consider using the Financial Ombudsman Scheme independently or Citizen Advice Bureau or directly claim yourself to the Third Party for free. You should also consider, and tell us, if you have any other means of pursuing the Claim including using any legal expenses insurance.
CONSUMER CLAIMS ‘TERMS OF ENGAGEMENT’
Definitions:
“Agreement” means the Letter of Authority signed by the Customer, together with these Terms of Engagement and supported by forms and documents issued by Consumer Claims.
"Claim/s" means the Customer’s claim or claims against the Company relating to the application of unlawful charges to the account/s of the Customer and/or to mis-sold financial products.
"Customer" means the policyholder/account holder/s whose details are set out in the "Letter of Authority" and who have appointed Consumer Claims to provide their Services.
"Company” or “Lender” means the Financial Institution and/or persons to whom the "Letter of Authority" is addressed.
"Letter of Authority" means the document included in the claim pack to be sent to the Company from the Customer authorising Consumer Claims to pursue the Claim on behalf of the Customer.
"Compensation" means any sums paid or awarded as calculated at the time of the award that would not have been paid if the Claim had not been made.
"Fees" or “Service Charge” means the fee payable for Services carried out by Consumer Claims. Please refer to our Keyfacts Document.
"Services" means the services provided by Consumer Claims including assessing the viability of, preparing, submitting and negotiating the Claim.
Conduct of Engagement: By signing and returning the Letter of Authority, the Customer agrees to the continuation of their existing contract laid out in this Letter of Engagement and continues to appoint Consumer Claims to provide Services for such a period as to allow Consumer Claims to assess and, if reasonably possible, complete the claim.
The Customer:
- Gives Consumer Claims full Authority to deal with the Company on their behalf and to obtain relevant information from whatever source needed for the duration of the contract.
- Will inform Consumer Claims of any relevant matters affecting the Claim within 30 days, including any direct communications received from the Company.
- Give Consumer Claims the right to deal exclusively with the Claim/s, unless otherwise agreed in writing by Consumer Claims.
- Will deal promptly with every reasonable request by Consumer Claims and or the Company for authority, information, documents and further instructions that Consumer Claims and or the Company may, from time to time, require. Failure to do so within 30 days of a request will give Consumer Claims the right to terminate this Agreement.
- Consumer Claims will invoice the Customer, via a ‘Service Fee’ for the Fees and the Customer will pay Consumer Claims within 14 days of receipt of compensation. Any fees incurred in the pursuit of late payment as a result of having been passed to a third-party debt collector will be charged to the Customer in full. This late payment fee is capped at a maximum of £250, although additional Court Costs and interest may apply.
- Provide Consumer Claims with information that is true, comprehensive and accurate to the best of your knowledge.
- Will provide all documents, including electronic form, in your possession that are relevant to the claim and which give evidence of a fact in the claim.
- Agrees for Consumer Claims to identify potential claims through a soft Credit Report (and that a record of the request will be retained on your credit file) and pursue these claims against the Company under the provision of this agreement unless the client specifically states otherwise. Before Consumer Claims act on these other potential Claims they will contact the Client to obtain consent to process these other potential Claims under the terms of this Agreement.
- Will contact Consumer Claims within 10 days of receiving the Compensation awarded from the Company in relation to a claim and confirm receipt.
- Is responsible for paying any income tax owed on their settlement.
- Confirms that they are not currently in arrears or using a Debt Management Company to pay off debts or have been previously made Bankrupt or in an Individual Voluntary Arrangement (IVA).
Consumer Claims will:
- Where possible complete an audit using a Data Subject Access Request (DSAR) for all the Customer's accounts and pursue a settlement against the Company, where Consumer Claims’ considers there to be a claim. The Customer will not be charged for the cost of the audit.
- Where Consumer Claims' deems a claim has no realistic chance of success, we reserve the right not to proceed with the Claim. However, Consumer Claims will act objectively based on the evidence received when taking any such decision.
- Carry out necessary checks on the information and documents provided by the Customer pertinent to a claim.
- Preserve confidentiality, including the Customer's personal information (even when this Agreement has been terminated and the Customer is non-disclosure is made at the Customer's request or with the Customer's consent in relation to pursuing the Claim, or where otherwise required by law.
- Cover costs relating to obtaining information from the Company.
- Notify the Customer of the outcome of the Claim as soon as is practicable.
Disclaimer:
- This Agreement will endure until cancelled by way of a cancellation notice or by a clear statement (by either party) or the claim/s reach a conclusion.
- The Customer must note that they have 14 days (which starts from the date they signed the "Letter of Authority") to cancel the Authority instructing Consumer Claims to act on their behalf at no cost to the Customer. The cancellation date is the date on which we first receive notice of the cancellation. After 14 days the Customer can cancel the contract, at which point the Company will charge the Customer reasonable fees to reflect the work undertaken on the Claim/s. Refer to our Keyfacts for details on these charges.
- Consumer Claims may transfer their rights and obligations under this Agreement to another organisation. The Customer will always be notified in writing if this occurs and it will not affect their rights or our obligations under this Agreement.
- The Customer may request Consumer Claims to begin work within the 14-day cancellation period.
- Consumer Claims makes no representation or warranty to the Customer that compensation will be obtained or is in any way guaranteed.
- In the event that an offer is made to the Customer by the Company, which is recommended for acceptance by Consumer Claims on the grounds that it’s a reasonable offer of compensation in accordance with the Financial Ombudsman Service and Financial Conduct Authority guidelines but which is refused by the Customer, then we shall be entitled to charge for Services as detailed in Fees. In addition, where a Customer cancels the contract post a reasonable offer being made by a Company, Consumer Claims is entitled to charge our full fee for our services.
- Consumer Claims can cancel this Agreement at any time and no fee will be payable by the Customer if Consumer Claims considers there are no grounds for a complaint or that the Customer’s Claim is unlikely to succeed.
- Consumer Claims have the right to terminate this Agreement by giving written notice to the Customer and, at any time, to immediately terminate this Agreement if there occurs any material breach by the Customer of any term of this Agreement which is irremediable, or if remediable, is not remedied to Consumer Claims' satisfaction within 30 days of a written notice by Consumer Claims specifying the breach and requiring it to be remedied, or the Customer is adjudicated bankrupt, or the Customer does not follow any recommendations of Consumer Claims.
- If this agreement is cancelled when an offer of Compensations has been made by the Company, Consumer Claims will enforce payment of Fees in full.
- If you were introduced to us by one of our Partners, we will have paid a third-party fee for providing services to you. This is not payable by you. Further details of any fees paid by Consumer Claims in respect of your Claim is available upon request.
- Full details of Consumer Claims' internal complaints handling procedures are available on our website and can be sent to you upon request.
- Consumer Claims will not use the Letter of Authority post cancellation or on conclusion of the contract.
- The Customer is aware that they could complain directly to the Company and the Financial Ombudsman Service at no cost, yet still wishes to pursue their complaint via Consumer Claims.
Law & Jurisdiction: This Agreement will be subject to the laws of England and Wales.
Consumer Claims is a trading style of Harrington Jones Ltd
Harrington Jones Limited (Guernsey) is Authorised and regulated by the Financial Conduct Authority in respect of regulated Claims Management Activity FRN: 834856 Registered with the Information Commissioners Office, registration number: 012369 Registered Address: Suite 7 Harbour View, The Albany, South Esplanade, St Peter Port, GUERNSEY, GY1 1AQ. Company Number: 53781.
