Terms of Engagement for the appointment of Belmont Thornton to act on the Client's
behalf in all aspects of the administration & negotiation of the claim.
1.Definitions
1.1 "Claim(s)" means the Client's claim or claims against the Company relating
to the mis-selling of a payment protection insurance policy or policies; or the
application of unlawful charges to the account (s) of the client;
1.2 "Client" means the policyholder/account holder(s), whose details are set
out in the Letter of Authority and who have appointed Belmont Thornton to
provide the Services;
1.3 "Company" means the Financial Institution and or persons to whom the
Letter of Authority is addressed being the Insurance Company, Bank, Building
Society, Credit Card Company or Financial Advisor or any other entity which
sold the policy or gave the advice to the Client, or applied the unlawful
charges (including for the avoidance of doubt any employee, director, agents,
representatives and associates of said entities or any other entity and/or any
of their predecessors);
1.4 "Compensation" means total of any sums offered by the Company as a result of a Claim,
including but not limited to gestures of goodwill, interest, reductions in borrowing and or
arrears, and repayment of premiums;
1.5 "Belmont Thornton" means Belmont Thornton, a limited liability company
and a third party claims handler, registered in England and Wales with
number 6621233 having its registered office at 24 Glenrosa Street, London,
SW62QZ
1.6 "Fee" means the fee of 25% plus VAT of the Compensation, payable
to Belmont Thornton for the Services carried out by it. For example, if we
recover £1,000 compensation, our fee would be £250.00 + VAT
1.7 "Letter of Authority" means the letter included in the claim pack to be sent
to the Company from the Client;
1.8 "Services" means the services provided by Belmont Thornton including
assessing the viability of, preparing, submitting and negotiating your Claim;
and
1.9 "Terms" means these terms of engagement.
2. Conduct of Engagement
2.1 By signing and returning the Letter of Authority, the Client hereby agrees
to be bound by the Terms and appoints Belmont Thornton to provide the
Services for such period as to allow Belmont Thornton to assess, and if
reasonably possible, to complete the Claim.
3. The Client will:
3.1 by completing and signing the Letter of Authority give Belmont Thornton
his/her/their consent and full authority to deal with the Company on the
Client's behalf and to obtain relevant information from whatever source on
a continuing basis;
3.2 deal promptly with every reasonable request by Belmont Thornton for
authority, information and documents and further instructions that Belmont
Thornton may from time to time require. Failure to do so will give Belmont
Thornton the right to terminate this Agreement forthwith and the Client will
reimburse Belmont Thornton its reasonable costs incurred in pursuing the
Claim to the date of termination;
3.3 promptly inform Belmont Thornton of any relevant matters affecting the
Claim;
3.4 hereby assign his/her/their entitlement to any Compensation to
Belmont Thornton. The Client hereby agrees to the Company remitting the
Compensation to Belmont Thornton and for Belmont Thornton to retain
the Fee before paying the balance of the Compensation to the Client.
Notwithstanding such agreement, should the Compensation be paid direct
to the Client, Belmont Thornton will invoice the Client for the Fee which will
become immediately due and payable by the Client to Belmont Thornton.
If this fee is not paid in full within 28 days of the dated invoice it shall be
deemed a termination of the Agreement and will fall under clause 3.6 below;
3.5 give Belmont Thornton the right to deal exclusively with the Claim, unless
otherwise agreed in writing by the Client and Belmont Thornton;
3.6 subject to clause 3.7 below, if this Agreement is terminated by
the Client for any reason, pay Belmont Thornton either the Cancellation fee or,
if the Claim has already been submitted by Belmont Thornton and Belmont Thornton
proceeds with the Claim and the Claim is successful, the Fee or the Cancellation fee,
whichever is the greater. The Cancellation fee is the reasonable costs incurred for the work undertaken
in pursuit of the claim by Belmont Thornton at the rate of £85 + VAT per hour, or part thereof;
3.7 if the Client terminates this Agreement and Belmont Thornton
proceeds with the Claim, if the Claim is unsuccessful and no
Compensation is payable to the Client, the Client will not be
liable to pay the said Cancellation fee referred to in clause 3.6
above or any monies whatsoever in respect of the Claim;
3.8 for the avoidance of doubt not be liable for any charge in respect of the
Claim if the Claim is pursued and the Company pays no Compensation.
4. Belmont Thornton will:
4.1 rely on the information and documents provided by the Client to Belmont
Thornton as being true, accurate, and complete. Belmont Thornton will not
audit, test or check such information or documents except where it is under
a legal obligation to do so:
4.2 use its reasonable endeavours to obtain the maximum Compensation for
the Claims which are pursued;
4.3 accept no liability for an unsuccessful Claim or for the amount of
compensation paid to the Client;
4.4 promptly notify the Client if the Claim is not to be pursued. It is at Belmont
Thornton's sole discretion to decide whether or not to proceed with the
Claim at any time during the claims process but Belmont Thornton must act
reasonably in taking any such decision;
4.5 promptly notify the Client of the outcome of the Claim;
4.6 as soon as is reasonably practicable following the settlement of a Claim
and the payment of Compensation by the Company to Belmont Thornton,
pay the Client the balance of the Compensation, after deducting the Fee;
and
4.7 preserve confidentiality, including the Client's personal information (even
when this Agreement has terminated and the Client is no longer a client),
save as expressly or implicitly authorised to the contrary including where
disclosure is made at the Client's request or with the Client's consent in
relation to pursuing the Claim or where otherwise required by law.
5. Disclaimer
5.1 Belmont Thornton accepts no liability for any loss suffered by the
Client by entering into this Agreement and specifically in the event that no
Compensation is paid to the Client by the Company. Any claim by way of
consequential damage arising out of any act or omission or commission by
Belmont Thornton is specifically excluded.
5.2 You are aware that you could complain directly to the Company at no
cost, with the ability to take matters further with the Financial Ombudsman
Service yet still wishes to pursue your complaint via Belmont Thornton
5.3 Please note you have 14 days (which starts from the date you signed the
authority) to cancel your authority, instructing us to act on your behalf.
5.4 Full details of Belmont Thornton's internal complaints handling procedures
are available upon request.
5.5 Belmont Thornton is regulated by the Ministry of Justice in respect of
regulated claims management activities; our authorisation number is 18273
6. Governing Law
6.1 This Agreement shall be subject to the laws of England and Wales.
v.8 August 2010