Our Terms & Conditions
1. Our services and your responsibilities
1.1 We will examine any of your credit agreements and/or associated documents, as per your reasonable instructions, to evaluate the potential of any possible claims that you may have for mis-selling of Payment Protection Insurance (PPI) and/or assessing credit card charges, or any other claims which may from time to time be appropriate.
1.2 We will discuss with you any offer of compensation that is made by a creditor, and will not accept any such offers on your behalf, without your prior approval, although our success fee may still be payable, as per clause 2, below.
1.3 We will provide you with updates as to the status of any of the claims we make on your behalf, when there is a material change in the status of any such claim. Any such updates will be by telephone, email or letter, as per your reasonable instructions.
1.4 We will pursue claims on your behalf in accordance with this agreement for any additional matters that you instruct us upon from time to time.
1.5 We will meet our responsibilities as a claims management company in providing information to you about your claim(s) in accordance with the Conduct of Authorised Business Rules published by the Ministry of Justice and available at www.claimsregulation.gov.uk.
1.6 You agree to supply the Company with all relevant information that we may reasonably request in order to help us pursue a claim on your behalf, even if we have not requested it.
1.7 You agree to supply the Company with all relevant information in your possession, even if not requested by the Company, but which may reasonably be deemed to be of relevance to any potential claim the Company may bring on your behalf.
1.8 You acknowledge that if you no longer possess a copy of your original credit agreement and/or credit statements it may be necessary to obtain copy documentation from a creditor in order to help pursue your claim, and that a statutory fee may be payable to the creditor for such information. You acknowledge that the Company will not make payment for such statutory information requests on your behalf, and that your failure to make such payments, when advised, may hinder the process of any claim we may make on your behalf.
1.9 You agree not to provide us with information which you reasonably ought to know to be misleading and/or false.
1.10 You agree not to instruct any other party to undertake any claims that we may make on your behalf, during the existence of this Agreement.
1.11 You accept that there is no guarantee that any claim the Company may make on your behalf will be successful.
1.12 You agree to pay our fees in accordance with clause 2, below.
1.13 You agree to inform us immediately should you know that any of the details we hold about you are inaccurate.
2. Fees
2.1 Our success fee is 30%, plus VAT, of any financial redress that a creditor offers to you as a result of work we have done on your behalf, in accordance with this Agreement. For example, if a creditor offers you financial redress of £1,000 as a result of work we have done on your behalf, our success fee would be £300, plus VAT. If a creditor offers you financial redress of £20,000 as a result of work we have done on your behalf, our success fee would be £6,000, plus VAT.
2.2 Our success fee is still payable should you unreasonably decline an offer of financial redress which ought to be reasonably accepted.
2.3 Where you cancel or terminate this Agreement prior to a final decision about your claim being made, whether by the creditor or Financial Ombudsman Service (whichever is the later), we may charge for reasonable work done prior, and up to, this Agreement being cancelled or terminated.
2.4 The success fee on a PPI matter applies to all elements of an offer of financial redress, so that it is chargeable on the refund figure, amount rebated to a credit account (where applicable), statutory interest and any other element of associated compensation paid out to you by a creditor. Any statutory interest element of a refund is taxable, depending on your personal tax circumstances. Any tax liability will be your responsibility. Our success fee is payable on the gross financial redress sum, as calculated prior to the deduction of any applicable tax.
2.5 The success fee for a credit card charges matter is applied upon the total amount of financial redress offered by a creditor, including interest.
2.6 Should a creditor make a payment of financial redress directly to yourself, or should the financial redress be in the form of a full or partial deduction from the arrears of the applicable credit account, we will send you an invoice for our outstanding success fee, which will be payable within 7 days of the date of the invoice, inclusive (for example, if an invoice is dated the 5th of the month, our fee is payable by 5pm on the 12th of the month). If the 7 day payment period ends on a non-business day, the fee is payable by 5pm on the next business day.
2.7 If you fail to pay an invoice sent to you by the Company within the applicable 7 day period detailed in clause 2.6, above, we reserve the right to charge you a late payment fee of £25. The Company also reserves the right to charge you £10 plus VAT for each reminder letter sent to you in respect of any outstanding invoice, £10 plus VAT for each phone call/voicemail message made in pursuit of an outstanding invoice, and £5 plus VAT for each text message chasing an outstanding invoice, along with any other reasonable costs incurred by the Company in attempting to obtain payment from you. The Company also reserves the right to charge interest on the outstanding amount each day from the time it becomes due until payment is made at the rate of 3% per year above the base rate of the Bank of England.
2.8 In the event that we are unable to obtain financial redress on your behalf from a creditor, no fees will be payable from you to us in relation to the applicable claim.
2.9 Should you breach this Agreement, resulting in the Agreement being terminated in accordance with clause 6.5, below, the Company will be entitled to recover from you all reasonable costs incurred prior to termination, as well as any reasonable costs incurred by the Company in attempting to obtain outstanding monies from you, until such time as all outstanding monies are paid. Should the Company obtain a County Court Judgment against you, we reserve the right to charge interest at the rate of 3% per year above the base rate of the Bank of England on any outstanding judgment debt, until such time as the judgment debt is repaid in full.
3. Complaints procedure
3.1 Should you wish to make a complaint against the Company, please follow the complaints procedure detailed on our website, www.jpsfinancial.co.uk, and of which copies are available upon request.
4. Data protection
4.1 The Company will request information about your financial and personal situation from you and third parties, such as creditors, and such information may be classed as “personal data” or “sensitive personal data” under the Data Protection Act 1998.
4.2 By providing us with your signed Client Contract and Letter of Authority, you give us permission to process your information, by way of gathering, recording or holding it, in a way which allows us to carry out your instructions, and to disclose such information to third parties as is necessary in order for us to provide you with the services detailed in this Agreement.
4.3 We will hold your information on our files for however long it takes for us to provide our services to you, plus six years.
4.4 We will inform you from time to time, by your chosen method of communication, of any goods or services which we feel you may be interested in, unless you have opted out of such communications. You can opt in or out of such communications at any time by contacting us by post.
4.5 By opting in on your signed Client Contract, you give us permission to disclose your personal data to selected third parties so that they can provide you with information of goods and services you may be interested in. You can opt in or out of such communications at any time by contacting us by post.
4.6 Upon your written request, and your paying us a fee of no more than the maximum fee prescribed by the Data Protection Act 1998, we will provide you with details of the information that we hold about you.
4.7 Upon your written request we will provide you with details of any third parties to which we may have, in accordance with this Agreement, disclosed information about your personal or financial situation.
5. Variation
5.1 The Company reserves the right to amend and supplement the terms of this Agreement at any time, upon giving you 14 days written notice of any proposed amendments. If you do not agree to any proposed amendments of this Agreement, you may cancel the Agreement, in accordance with clause 6.3, below.
5.2 You do not have the right to vary the terms of this Agreement.
6. Ending the Agreement
6.1 As per the Claims Management Regulations, you have the right to cancel this Agreement, without charge, by supplying us with written notice within 14 days of the start of the Agreement.
6.2 The Company can end this Agreement at any time by giving you 14 days written notice.
6.3 You also have the right to end this Agreement at any time, by giving us 14 days written notice. Upon receiving your cancellation notice, we will confirm receipt of the same within 7 days. Should you not receive this receipt from us within 10 days of your sending your cancellation notice to us, you should contact our office and speak to a representative of the Company to ensure that we received your cancellation notice. It is recommended that any cancellation notice be in writing and sent recorded delivery to our registered office.
6.4 You have the right to instruct us to cease from pursuing a claim on your behalf in regard to any individual account you have previously instructed us over, without cancelling this Agreement as a whole, provided that there remains at all times at least 1 outstanding claim we are pursuing on your behalf. You will be liable to pay our reasonable costs for any work done prior to you instructing us to cease work on any such applicable account.
6.5 Should you breach this Agreement, you will have 14 days in which to remedy any breach. Following expiration of the 14 days, and where the breach has not been remedied, the Company reserves the right to terminate the Agreement immediately, and will provide you with written confirmation of this within 7 days.
7. Liability
7.1 The Company excludes liability for any unforeseeable loss, damage or expense you may incur by our breaching this Agreement. The Company will not be liable for any losses that were not foreseeable at the commencement of this Agreement, nor for any indirect losses (such as loss of profits or loss of opportunity) which are not foreseeable by you and us.
7.2 The Company excludes all liability for failure to provide you with our services for any reason beyond our reasonable control, including (but not limited to) industrial disputes, natural disaster, riots, accidents, suppliers not meeting their responsibilities, faulty equipment, fire, adverse weather or malicious damage.
7.3 Nothing in this Agreement shall exclude or restrict any liability arising from fraud or dishonesty or other liabilities which cannot be lawfully limited or excluded.
8. Transfer
8.1 By entering into this Agreement you consent to any transfer of this Agreement that the Company may wish to undertake by way of assignment or novation. The Company therefore has the right to be replaced by another party, who will take on the meaning of Company in this Agreement. Should an assignment or novation take place you do not lose any of your rights under this Agreement.
8.2 You do not have the right to transfer any part of this Agreement.
9. Rights of third parties
9.1 Nothing in this Agreement is intended to benefit any party other than you and the Company, or anyone whom the Company transfers this Agreement to. As such, no-one who is not a party to this agreement, other than anyone to whom the Company transfers it to, will be entitled under the Contracts (Rights of Third Parties) Act 1999 to enforce this Agreement or any part of it.
10. Giving written notice
10.1 All written notice from you should be sent to us by first class post (recommended recorded delivery), to JPS Financial Ltd, No. 2 Universal Square, Devonshire St North, Manchester, M12 6JH.
10.2 The Company will send all written notice to you at the most recent postal address that you have provided us with.
11. Relevant law
11.1 This Agreement shall be governed by and construed in accordance with English Law. The parties agree to submit to the exclusive jurisdiction of the English Courts.