1.1 ‘Bank’ means the Bank, Building Society, Credit Card Company, Financial Advisor and/or any other financial institution, persons or entity to whom the Letter of Authority is addressed, being the organisation (to include all of their employees, directors, agents, representatives and/or associates) that the Client(s) holds responsible for the miss- selling of and/or upgrading to their packaged bank account.
1.2 ‘Claim’ means the Client’s contemplated action (including referral to the relevant authority/regulator and/or the issue of Court proceedings) against the Bank for Compensation relating to their mis-sold bank account(s) that is detailed within the Letter of Authority.
1.3 ‘Client’ means the holder(s) of a Bank account/credit card account and/or customer of the Bank who is authorised to appoint Stanton Fisher to act on his/her/their behalf in respect of the Claim.
1.4 ‘Compensation’ means any sums paid or awarded to the Client in the Claim, whether in repayment of premiums, reduction of debt and including but not limited to cash payments, refunds or any other financial benefit received and including any interest.
1.5 ‘Stanton Fisher’ means Stanton Fisher Limited, a claims management company of Dalton House, Dane Road, Sale, Manchester, M33 7AR.
1.6 ‘Fee’ means the agreed fee of 36% inclusive of VAT of the gross Compensation (including all taxes where applicable), payable to Stanton Fisher for the Services carried out by it. This Fee becomes payable by the Client immediately upon receipt of the Compensation. Fee examples below:
|Example Situation||Total compensation||Stanton Fisher Fee
(36% inclusive of VAT)
|Amount returned to Client,
before deduction of taxes
|£1000 gross payment received||£1000||£360||£640|
|£500 cash and £500 reduction of debt/ arrears||£1000||£360||£140|
|£1000 reduction to debt/ arrears||£1000||£360||£0|
1.7 ‘Cancellation Fee’ means the fee payable by you in the event that you cancel your instructions after the expiration of the “cooling off period” but before we have succeeded in obtaining an offer of Compensation. The Cancellation Fee will be reasonable and reflect the work done in accordance with our Scale of Fees, a copy of which is available on request.
1.8 ‘Letter of Authority’ means the signed letter from the Client to be sent by Stanton Fisher to the Bank giving Stanton Fisher the Client’s authority to act in the Claim.
1.9 ‘Services’ means the services provided to the Client by Stanton Fisher and/or its agents including making the Claim for Compensation from the Bank.
1.10 ‘Terms’ means these Terms of Engagement.
1.11 ‘Reasonable Offer of Compensation’ means any offer of Compensation made in accordance with FCA, FOS and FSCS guidelines, or an offer deemed as such by a court of law in England and Wales.
2.1 By completing, signing and returning these Terms of Engagement and Letter of Authority, electronically or otherwise, the Client hereby agrees to be bound by these Terms and appoints Stanton Fisher to assess, pursue and if reasonably possible to complete the Claim.
2.2 By completing and signing the Letter of Authority the Client gives to Stanton Fisher his/her/their consent and full authority to obtain all relevant information and deal with the Bank on the Client’s behalf until the conclusion of the Claim.
2.3 You are aware that you could complain directly to the Bank at no cost and/or make a complaint to the relevant Financial Authority and you acknowledge that you have the right to shop around but hereby confirm your instructions to pursue your Claim using Stanton Fisher.
2.4 The presentation of services provided by Stanton Fisher on their website and/or in any other marketing material does not represent a binding offer to conclude a contract.
3.1 Will deal promptly with every reasonable request by Stanton Fisher and their agents for authority, information, documents and further instructions that they may, from time to time, require. If you fail to do so Stanton Fisher will be entitled to terminate this agreement in accordance with clause 5.3.
3.2 Will promptly inform Stanton Fisher of any relevant matters affecting the claim.
3.3 Will be liable for the fee as set out at clause 1.6 and clause 5.
3.4 Will immediately inform Stanton Fisher if the Bank pays the Client(s) directly and forward the Fee to Stanton Fisher.
3.5 In some circumstances the Bank will pay the Compensation to Stanton Fisher. In these Circumstances the Client authorises the Bank to pay the Compensation to Stanton Fisher and for Stanton Fisher to retain the Fee before remitting the balance to the Client.
3.6 Gives the right to Stanton Fisher to deal exclusively with the Claim either by itself or through appointed solicitors. The Client will not instruct any other representative nor pursue their Claim themselves against the Bank without first terminating these Terms in accordance with clause 5.
3.7 For the avoidance of doubt the Client will not be liable for any charge in respect of the Claim if Stanton Fisher decide not to pursue the Claim or if the Claim is pursued and the Bank pays no Compensation.
3.8 Agrees not to accept Compensation in the form of vouchers, discounts or any other non-cash alternative from the Bank. If Compensation is accepted by the Client in breach of this clause and is paid in a non-cash form, then the Client is still liable for the Fee which will be calculated based upon the equivalent cash value of the Compensation award received from the Bank.
3.9 Confirms that if they provide details to Stanton Fisher of any friends, family members or any other person who they advise wants to pursue a Claim themselves, then the Client confirms that they have the express consent from this person to do so and further that this individual has provided their consent to be contacted by Stanton Fisher. The Client acknowledges that their identity may be passed to the person referred as a means of verifying the enquiry.
3.10 Confirms that they understand that if their Packaged Bank Account Claim is successful it can result in the downgrading of their account and any benefits they currently have associated with it.
3.11 Authorises and consents for Stanton Fisher to access and undertake searches of their credit report(s) where required to assist with identifying and locating the Client in the event that the Client does not pay the Fee when due.
3.12 Confirms that they have provided Stanton Fisher with all documents, including in electronic form, in their possession that are relevant to the claim and which give evidence of a fact in the claim, to the best of their knowledge and belief.
4.1 Check the details provided by the Client and will rely on the documents provided by the Client as being true, accurate and so far as possible complete.
4.2 Use its reasonable endeavours to obtain the maximum Compensation for the Claim.
4.3 Promptly notify the Client if the Claim is not to be pursued. Stanton Fisher shall at its discretion decide whether or not it will proceed with the Claim at any time but will act reasonably in taking any such decision.
4.4 Promptly notify the Client of the outcome of the Claim.
4.5 In the event that the Bank pays the Compensation directly to Stanton Fisher, as soon as is reasonably practicable following the settlement of a Claim and the receipt by it of Compensation, pay the Client the balance due after deducting the Fee.
4.6 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 pursing the Claim or where otherwise required by law.
4.7 Any claim by way of indirect, special or consequential damage arising out of any act or omission or commission by Stanton Fisher is specifically excluded.
5.1 Commencing on the date you sign these Terms of Engagement you have 14 days to cancel your Agreement and authority instructing Stanton Fisher to act on your behalf (‘Cooling-off Period’). To exercise your right to cancel you must inform us of your decision to cancel by making a clear statement by letter, email, telephone or you can also use the cancellation form available on our website (but you are not obligated to use this.) If you provide your notice of cancellation in writing, please ensure this is sent to Stanton Fisher Ltd, Dalton House, Dane Road, Sale, Manchester, M33 7AR and we would strongly advise you to retain proof of postage of this notice.
5.2. You may cancel this Agreement by informing us of your decision to cancel at any time. However if you cancel this Agreement outside the Cooling-off Period at clause 5.1 you may be responsible for payment of our fees. If we have not succeeded in obtaining a Reasonable Offer of Compensation by the date of cancellation we will charge you a Cancellation Fee for the work done in dealing with the Claim. If we have succeeded in getting a Reasonable Offer of Compensation by the date you cancel then it is the Fee detailed at clause 1.6 of these Terms that is payable by you.
5.3 If Stanton Fisher terminates this agreement on the grounds of your failure to deal promptly with any request for information as set out at point 3.1, you will be responsible for payment of the Fee in the event that a Reasonable Offer of Compensation has been made.
5.4 If you have been, you are or you become bankrupt or subject to an Individual Voluntary Arrangement you must inform Stanton Fisher immediately. If you do not and we continue with your claim you may not be entitled to keep your refund but you will be liable for the Fee.
6.2 Full details of Stanton Fisher’s internal complaints handling procedures are available upon request and via our website at www.stantonfisher .co. uk/Stanton_Fisher_Complaints_ Procedure.pdf. We have eight weeks to consider your complaint. If we are unable to resolve your complaint then you can have the complaint independently looked at by the Legal Ombudsman. The Legal Ombudsman investigates complaints about poor service from claims management companies. The Legal Ombudsman can investigate complaints up to six years from the date of the problem happening or within three years of when you found out about the problem. Ordinarily, the act or omission, or when you should reasonably have known there was cause for complaint, must have been after 5 October 2010. If you wish to refer your complaint to the Legal Ombudsman this must be done within six months of our final response to your complaint. If you would like more information about the Legal Ombudsman their contact details are as follows: Visit www. legalombudsman.org.uk/cmc Call 0300 555 0333 between 8.30am to 5.30pm. Calls to 03 numbers will cost no more than calls to national geographic numbers (starting 01or 02) from both mobiles and landlines. Calls are recorded and may be used for training and monitoring purposes. For minicom call 0300 555 1777 Email firstname.lastname@example.org. uk Legal Ombudsman, PO Box 6804, Wolverhampton, WV1 9WG. Do not send original documents to the Legal Ombudsman. They will scan any documents you send us to make computer copies and then destroy the originals.
6.3 Stanton Fisher is regulated by the Claims Management Regulator in respect of regulated claims management activities.
6.4 Time limits may apply to pursuing a PBA claim and it is important that you make a claim within 6 years from the date that you were mis-sold your PBA account, or 3 years after you first became aware that you were potentially mis- sold your PBA account, whichever is the longest. (If you are uncertain or took out a PBA account more than 6 years ago, please send your claim to us and we will advise you whether it will be possible to make a Claim. In accordance with 3.7, the Client will not be liable for any charge in respect of the Claim if Stanton Fisher decide not to pursue the Claim or if the Claim is pursued and the Company pays no Compensation.)
7.1 This Agreement shall be subject to the laws and to the jurisdiction of the Courts of England and Wales.
7.2 These Terms and Letter of Authority set out the entire agreement and understanding between the Client and Stanton Fisher in respect of the Client’s Claim. They supersede any statements, representations, understandings, undertakings and agreements (whether written or oral) made by or between us relating to your Claim.