Terms And Conditions – Please Read Carefully
Mis-soldpension.org is a trading style of Security & Wealth Financial Recoveries Limited. Registered in England Co. registration number 09042283. Security & Wealth Financial Recoveries Limited is regulated by the Claims Management Regulator in respect of regulated claims management activities. Our registration number is CRM40588.
- Mis-soldpension.org will be referred to as SAW in this document.
- Associate will be referred to by name and may refer to an associated party that works in agreement with SAW.
- You acknowledge that: It has been your choice whether or not to enter into this agreement and that you understand you could make a claim on your own behalf or by other means.
- By entering into this agreement, you do not necessarily increase your claim’s chances of success.
- SAW is not providing and is not regulated to provide financial advice.
- SAW is not regulated by the Solicitors Regulation Authority and cannot give legal advice.
- The following terms in this agreement shall have the corresponding meaning, save where the context requires otherwise:
- Assessment Stage: the period during which SAW are assessing a financial claim.
- Claims: Each potential complaint or cause of action which you may have against a provider in relation to a Provider Service that is any claim against a financial product in accordance with the companies licence to conduct regulated activity in this field.
- CMR: Claims Management Regulator.
- Claims Management Services: the assessment, preparation, submission, negation and conclusion of a claim (each a Claims Management Service).
- Confidential Information: all information (however recorded or preserved) which would be regarded as confidential by a reasonable person which is provided or disclosed in connection with or relating to a claim or the Claims Management Services, and including (but not limited to) any Intellectual Property Rights and any legal advice, legal document or other document or advice given to or provided by SAW or on our behalf to you in connection with or relating to a claim or the Claims Management Services.
2. DATA PROTECTION
2.1 Data Controller: has the meaning set out in section 1(1) of the Data Protection Act 1998.
2.2 Expenses: any fees, payments or disbursements including (but not limited to) those listed who is not a party to this agreement as agreed between Us and You from time to time.
2.3 Personal Data: has the meaning set out in section 1(1) of the Data Protection Act 1998 and relates only to personal data, or any part of such personal data, in respect of which we are the Data controller and in relation to which we are providing services to you under this agreements Processing and Process: have the meaning set out in section 1(1) of the Data Protection Act 1998.
3. GROSS MONETARY VALUE (as defined in the definition of Abortive Fee)
3.1 Intellectual Property Rights: copyright, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, right in designs, documents, information, databases, rights to protect the confidentiality of confidential information (including confidential information, know-how and trade secrets) and all other intellectual property rights, whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or protection which subsist or will subsist now or in the future.
4. YOUR OBLIGATIONS
4.1 You appoint us as your agent so that we can liaise with the relevant parties.
4.2 You must ensure that you always supply truthful and accurate information.
4.3 You must forward any correspondence which you receive regarding your claim to us.
4.4 You must promptly reply to any request for further information and documents we make.
4.5 You must pay our fees within 14 days of receiving an invoice from us or we will deduct this from the settled amount paid into the client account and forward the balance to you, in accordance with Money Laundering Regulations.
4.6 You should consider how you will pay our fee if compensation is awarded to you in the form of a reduction in an outstanding balance or arrears, or if you decide to decline an offer of compensation which we recommend that you accept.
4.7 You ask us to commence work in providing our service to you during the cancellation period.
4.8 Any reference to writing includes email.
5. CONDUCT OF YOUR CLAIM
5.1 By signing and returning this agreement (or a copy of it) to us, you have instructed SAW to provide Claims Management Services to you.
5.2 The extent to which SAW carry out each of the Claims Management Services will depend on the merits of your claim and We have no obligation to carry out particular Claims Management Services if we reasonably believe that a claim, at any time, has no reasonable prospect of the success.
5.3 If SAW form the view that a claim does not have reasonable prospects of success then SAW will let you know why SAW have formed such a view and may at that point terminate this agreement by written notice to you.
5.4 We will prepare the claim for submission (subject to any further information which SAW may require) to the relevant body who will deal with the claim or for processing ourselves.
5.5 Once the draft submission is prepared in the case of an Investment Claim being submitted to FSCS (Financial Services Compensation Scheme) SAW will send this to you for your review and comments following which SAW will take into account any further comments You have and amend the submission accordingly (if reasonable to do so) and/or submit the claim to the relevant body on your instruction as the case may be.
6.1 If you decide that you do not want to proceed with our services you can cancel your contract by writing to us at any time. This includes email as an acceptable format.
6.2 If you cancel during the first 14 days after you sign this agreement you will not have to pay any fee.
6.3 We can cancel this agreement if you materially breach any of your responsibilities and you fail to rectify your material breach within 21 days of us telling you which we will attempt to do by both telephone and post.
6.4 If you cancel this agreement after receipt of an offer of compensation which is consistent with the Financial Conduct Authority and Financial Ombudsman guidelines (either directly from the lender/creditor or via us), you will be liable to pay our fees in full.
7. OUR FEES
7.1 We will charge you either (i) a Success Fee of 30% + VAT, 36% inclusive of VAT, of any compensation which you receive or if you decline an offer of compensation which we recommend that you accept and which is consistent with the Financial Conduct Authority and Financial Ombudsman guidelines, we will charge you (ii) a Success Fee equal to 30% + VAT compensation which was offered to you and which we recommended that you accept.
7.2 If you receive £2,000 in compensation we will charge you £600 plus VAT at 20% being £120 meaning you will receive £1,280.00.
7.3 If your lender deducts £1,000 from an outstanding debt balance using right to offset as settlement of a claim, we will charge you 30% + VAT. Therefore £360 would be payable to us.
7.4 If you were to decline any offer of compensation which is consistent with the Financial Ombudsman guidelines, and which we recommend to accept, we would charge you 30% plus VAT (the total fee charged will therefore be 35%) of the offer amount.
7.5 You should be aware that compensation means benefit which you receive as a result of our service and assistance with the claim after you have instructed us.
7.6 You agree that any Provider paying out as a settlement amount is authorized, now and in the future, to make such payment to the Nominated Client Account . Following an assignment in accordance with the terms you agree to provide us with an updated Payment Instruction Form. Any payment under this agreement not made by its due date shall attract interest at the rate of 4% per annum above the base rate of Barclays Bank plc (both before and after any judgment).
7.7 In the event that any payment is not made in accordance with this agreement, SAW shall also, be entitled to recover from You all proper expenses and costs incurred in securing payment, including but not limited to the cost of engaging debt collection agency and the costs of taking legal action to recover the sums owing.
8.1 We agree that SAW will process your Personal Data in accordance with the Data Protection Act 1998 as Data Controller.
8.2 You grant us permission (without further reference to you) to: share your Personal Data with third parties (including but not limited to Third Party Agents who we consider may be beneficial to your claim) or if in our reasonable opinion it is necessary to do so for the purpose of furthering assisting with a claim.
9.1 If you decide that you do not want to proceed with our services you can cancel your contract by writing to us at any time. This includes email as an acceptable format. If you cancel during the first 14 days after you sign this agreement you will not have to pay a fee.
9.2 We can cancel this agreement if you materially breach any of your responsibilities and you fail to rectify your material breach within 21 days of us telling you which we will attempt to do by both telephone and post.
9.3 If you cancel this agreement after receipt of an offer of compensation which is consistent with the Financial Conduct Authority and Financial Ombudsman guidelines (either directly from the lender/creditor or via us), you will be liable to pay our fees in full.
10.1 Please contact us if for any reason you are dissatisfied with our service.
10.2 We are committed to resolving complaints as quickly as possible. In the event that you wish to make a complaint, please contact us in writing, by email or by phone. We will acknowledge receipt of the complaint within 5 working days giving details of the individual (name and/or job title) dealing with the complaint and provide a copy of our full complaint handling procedure. We have a maximum of 8 weeks in which to respond to your complaint but we hope to resolve matters within 28 days.
10.3 If you are dissatisfied with the handling of your complaint or if we do not provide a full response within 8 weeks, you can refer the matter to the Legal Ombudsman.
10.4 The Legal Ombudsman can be contacted in writing to: Legal Ombudsman, PO Box 6804, Wolverhampton, WV1 9WG. Telephone: 0330 555 0333 (lines are open 8:30am to 5:30pm Mon to Fri). Email email@example.com.
11.1 The provisions of the Contracts (Rights to Third Parties) Act 1999 are excluded from this agreement which means that only you and we have any rights under this contract. However, if you ask us to liaise with anybody else on your behalf in relation to this contract we will do so provided that you give us your written permission.
11.2 Our service is personal to you and for this reason we are not able to assign this contract to any other person.
11.3 We can assign our rights and responsibilities in this contract provided that the person we assign to it agrees to provide the same services to you in accordance with this contract. We will notify you before any assignment is made to ensure that you are aware that it is happening.
11.4 You have the option to cancel your contract without the charge in these circumstances.
11.5 You should be aware that as with any claims there is a small risk that it may result in Court proceedings although in the highly likely event that this was to occur we would continue to provide our services and liaise for you to be referred to a solicitor. In order for the solicitor to represent you it will be necessary for you to enter into a contract with the solicitor for the provision of their services. If you do not wish to continue with your claim at this point you may cancel your contract .
11.6 You should consider whether you have alternative mechanisms for pursuing a claim i.e. legal expenses insurance.
11.7 Each party acknowledge that, in entering this agreement, it has not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in this agreement.
11.8 Nothing in this clause shall limit or exclude any liability for fraud or for fraudulent misrepresentation.
11.9 By signing client instruction You confirm that You understand that You are solely responsible for any statement, answers, or replies you maker or give in connection with or relating to these terms.
11.10 If you have any queries you should raise these with us before signing this agreement and, if you still have queries, You should seek independent legal advice before signing.
Disclaimer - Mis-Sold Pension provides marketing for Security & Wealth, who are regulated by the Claims Management Regulator in respect of regulated claims management activities, We have the necessary authorisations to conduct claims on your behalf.