Terms & Conditions

Introduction

Craig Syme trading as Resolute Claims Specialists (hereby referred to as “RCS”, “we”, “us” and “our”) whose registered office is at Resolute Claims PO BOX 26248, Kilmarnock, KA1 9GT. We are authorised and regulated by the Financial Conduct Authority (FRN 925979).

The expressions “you” and “your” refer to our client.

“CIP” means the Customer Information Pack letter detailing Fees and Frequently Asked Questions (FAQs) information sheet and dated the date set out at the end of these Terms.

We are regulated by the Financial Conduct Authority (FCA Registration Number: FRN925979). We provide a claims management service for mis-sold financial services products including mis-sold insurance claims, declined insurance claims and pension advice.

TO MAKE A CLAIM FOR COMPENSATION YOU ARE NOT REQUIRED TO USE THE SERVICES OF A 3RD PARTY OR CLAIMS MANAGEMENT COMPANY. YOU MAY BE ABLE TO USE THE FREE SERVICES OF THE FINANCIAL OMBUDSMAN SERVICE (FOR INSURANCE AND MIS-SELLING CLAIMS) OR THE PENSIONS OMBUDSMAN (FOR CLAIMS IN RESPECT OF PENSION ADMINISTRATION). YOU MAY ALSO SHOP AROUND OTHER CLAIMS MANAGEMENT COMPANIES TO FIND THE BEST DEAL FOR YOU.

These terms and conditions of business (“Conditions”) apply to the services provided by us. The additional terms and conditions set out in our pre-contract and fact-find documentation (“Pre-Contract Information”), which may accompany these Conditions, will also apply to you.

These Conditions, together with the Pre-Contract Information (where applicable) are referred to as the “Agreement”.

A reference in these Conditions to a “term” is to a term of these Conditions unless the context otherwise requires.

If there is any inconsistency between the Conditions and the Pre-Contract Information, these Conditions will take precedence.

If our client consists of more than one person or entity, their liability is joint and several. Each joint client permits us irrevocably to disclose to any other joint client any information which we would otherwise be prevented from disclosing under our duty of confidentiality.

If a conflict of interest arises between joint clients, we may terminate or suspend the provision of any or all services wholly or partly to any joint client.

Our Services

Once we have received signed Conditions and completed and signed Pre-Contract Information from you, we will carry out an initial assessment based upon the information provided by you and advise you as to whether, in our opinion, it is in your best interests to pursue a claim.

We may also assess alternative routes for redress, such as contacting the Financial Ombudsman Service (“FOS”), the Financial Services Compensation Scheme (“FSCS”), the Pensions Ombudsman.

If you instruct us to pursue your claim, we will provide you with a blank letter of authority for your signature, which will provide your consent to us contacting various third parties on your behalf in relation to your claim, for example, we may contact your financial adviser or any relevant third parties as applicable. You must sign and return this to us promptly as delays in sending may cause a delay to your claim.

Once instructed, we will carry out a full assessment of the viability of your claim by asking you to provide us with relevant documentation.

You should inform us without delay of any changes which affect any information provided to us by you. We will not be responsible for errors or delays in our work or advice caused by inaccuracy or incompleteness in the information supplied to us, or by such information being out of date.

Once we have been provided with the relevant information, we will advise you in writing of our findings, suggested next steps and proposed approach to your claim. We will keep you informed of the progress of your claim at all times and will consult you before taking steps in relation to your claim.

For the avoidance of doubt the performance of the Services shall not include the provision of any legal or financial advice and the Client hereby acknowledges it is up to the Client to obtain independent financial advice from suitably qualified persons in relation to such issues.

The scope of our instruction does not extend to progressing any matter to civil court proceedings, although that is an option that you are entitled to pursue.

Charges and Expenses

If we do not secure an offer of compensation on your behalf, you will not have to pay a fee to us, except where you have cancelled out with the 14 days cancellation period.

If an offer of compensation is made, we will assess the offer against published industry guidelines and provide you with our recommendation as to whether you accept or reject that offer based on whether we determine that offer to be reasonable. Notwithstanding our determination as to the reasonableness of an offer (which will be final), it will be a matter for you as to whether you decide to accept or reject any offer of compensation.

The success fee due to us is 20% (plus VAT, TOTAL including VAT IS 24%) of the award of total compensation paid to you as cash[rb1].

Illustrative examples of the calculation of the Success Fee can be found on our Fees & Charges section of the website.

We will not hold any of your compensation. If successful, any funds will be paid directly to yourself. You will then be liable to pay us 24% of total compensation received (20% as our ‘fee’ plus VAT). This is to be paid within 14 days of you receiving the compensation funds except where your claim is in respect of pension advice and your compensation is not received until you access your pension. In this case we will invoice you for 24% of the compensation awarded within 14 days of the final decision, you will have 14 days to make payment where such a payment is affordable. If such a payment is unaffordable you should inform us, and we will aim to agree a payment schedule over 12 months or less without any interest charge. Where this does not clear the amount outstanding to us the remaining amount will be payable upon receipt of your pension.

Right to Cancel

If you decide that you do not want to proceed with the Agreement you can cancel the contract by notifying us in writing at any time.

You have the right under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the “2013 Regulations”) to cancel your agreement with us within 14 days without giving any reason.

Full details of your right to cancellation are set out in the enclosed instructions on cancellation and model cancellation notice. Please read the enclosed instructions carefully and let us know if you have any queries.

Note, in particular, paragraph 2 of the attached instructions. The Regulations do not permit us to commence work for you before the end of the 14-days cancellation period (the “Cancellation Period”).

If this agreement is cancelled either by you (in accordance the below terms) or by us (in accordance with terms below) after we have commenced work (after the Cancellation Period) but before an offer has been made, we will charge you cancellation Fee of £50.00 per hour plus VAT[rb2]. For your type of claim, an estimated two hours per week would be spent processing your claim, therefore, if you were to cancel two weeks after the cancellation period you would be likely to be charged £200+VAT. This example is an illustration only, a timesheet would be provided alongside our invoice, detailing the time spent.

Types of claims we handle

Insurance Mis sold
This relates to the advice you were given at the time of the sale of the policy. This can relate to advice given by an authorised individual or the sale of a policy on a non-advised basis

Insurance Claim Declined
This relates to the administration of an insurance claim you have made and been unsuccessful making.

Pension Advice
This relates to advice you were given when you took out a pension that lead to a financial loss.

Invoices and Payments

We require payment to be made within 14 days of compensation funds being received by you.

Storage of papers and documents

We will keep electronic copies of papers and documents in storage for not less than 6 years. We will return all original documents and paperwork to you after your complaint has been closed. After the 6-year period has ended we will destroy any electronic copies of documents held.

Your Feedback and Complaints

We are committed to providing the highest possible levels of service and we welcome your feedback in relation to the service we provide. Nevertheless, we recognise that things can sometimes go wrong.

Should any matter arise which causes you concern, please raise the matter with us as soon as possible and we will endeavour to resolve any concerns quickly.

Complaints are to be addressed to The Complaints Officer, Resolute Claims Specialists, PO BOX 26248, Kilmarnock, KA1 9GT or call us 0333 050 8792.

We will also include a copy of our complaints process with your CIP.

We will acknowledge your complaint within 2 business days of receipt and have a final resolution within 8 weeks. If we are unable to issue a final response within 8 weeks (due to awaiting information or if something stops us doing so) you can refer the complaint to the Financial Ombudsman Service (see below for details).

If you have a complaint which we are unable to resolve, you may refer the matter to the Financial Ombudsman Service at Exchange Tower, London, E14 9SR. For further information you should contact the Financial Ombudsman on 0800 0234 567 or by email at: complaint.info@financial-ombudsman.org.uk.

Communications and Data Protection

We process your personal information (including sensitive personal data) in accordance with the Data Protection Act 2018 and the EU General Data Protection Regulation (GDPR) 2016/679 (the “Data Protection Legislation”) to allow us to administer your account with us and to provide the services you have requested from us.

We are registered as a data controller under the Data Protection Legislation with the Information Commissioner’s Office under registration number 14316838.

We will, in accordance with data protection legislation, follow strict security procedures in the storage and disclosure of your data.

We will process any personal data we receive under this Agreement in accordance with our privacy policy, which will be sent to you within 30 days of collecting your data.

Quality Standards and Regulation

We may from time to time become subject to audits by internal and outside assessors and regulators. This could mean that your file is selected for checking. We will assume, unless you tell us otherwise in writing, that we have your consent to such checks being made. If you would prefer to withhold consent, work on your file will not be affected in any way.

Our liability to you and others

You are our client and our guidance is to you alone and solely in respect of the matter under which the relevant guidance is given. Third parties may not rely on our advice unless we specifically agree in writing that they may do so.

We accept no liability to any third party to whom you provide our guidance or who relies on that advice. If any third party brings a claim against us in relation to any information which you have provided to them (directly or indirectly) or instructed us to provide to them, then you agree to indemnify us in relation to such claim.

Nothing in the Agreement will restrict or exclude our liability to you for death or personal injury resulting from our negligence or where our liability may not be so limited under any applicable law or regulation (for example, if there is any fraud on our part).

We alone will provide the services to you. You agree that you will not bring any claim, whether in contract, tort, negligence, or for breach of statutory duty or otherwise against the owner of Craig Syme T/A Resolute Claims Specialists.

Termination

Subject to any rights you may have under the 2013 Regulations, if at any time you wish us to cease work or to cease incurring charges on your behalf, you must tell us this clearly in writing.

We may suspend our services, or refuse to act or cease acting if:

you persistently fail to provide us with instructions in relation to a matter

or

your instructions require us to act in a manner that is unlawful and/or may contravene applicable legislative or regulatory requirements and/or may otherwise give rise to unacceptable professional risk to us

or

the relationship between us and you has irretrievably broken down

or

at any other time we believe it is appropriate for us to do so.

If we decide to stop acting for you we will tell you the reason and give you notice in writing.

Subject to any rights you may have under the 2013 Regulations, if the Agreement is terminated, you will remain liable for all unbilled work.

Force Majeure

Neither you nor we will be liable for any delay or failure of our respective obligations as a result of causes beyond our control. This will include but will not be limited to fire, flood, acts of God, acts and regulations of any governmental or supranational authority, war, riots, acts of terrorism, epidemic, pandemic, strikes, lockouts, failures by third party utility providers (including internet or third party server failure), and industrial disputes.

Third party rights

No person or entity who is not a party to the Agreement will have any rights under the Contracts (Rights of Third Parties) Act 1999 or otherwise to enforce any rights under it.

Assignment

We may assign our rights and responsibilities under this contract to any other entity provided that it agrees to provide the same service to you in accordance with this contract. We will inform you in writing if we intend to make such an assignment. You will be given the option to opt out of this agreement should it come in force.

You may not assign your rights under this contract to any other person.

Entire Agreement

The Agreement constitutes the entire agreement between you and us and supersedes any previous agreement or understanding between us. No amendment or variation to the Agreement will be effective unless it is made in writing and signed by us.

Non-Waiver

Any failure by us to insist upon the strict performance of any term of this Agreement, or any failure or delay by us to exercise its rights or remedies (whether under this Agreement or at law) shall not be or be deemed to be a waiver of any right which we may have to insist upon the strict performance of the terms of this Agreement or of any of its rights or remedies in respect of any default under the terms of this Agreement.

Law and Jurisdiction

This agreement shall operate under the laws of the United Kingdom (ENGLAND&WALES/SCOTLAND/N-IRELAND)

[rb1]You should note that there is a cap on PPI claims of including VAT, if you deal with such claims you should insert a caveat saying the success fee in respect of PPI claims will not exceed.

[rb2]Where you are going to make a charge of an hourly rate you are required to add an illustration, I’ve given some wording that you could use and amend for each different claim.