Terms and Conditions
Henderson Claims Ltd is authorised and regulated by the Financial Conduct Authority with reference number 836041.
Please be aware that there may be time limits attached to your claim such as when you may run out of time to bring a claim (known as the ‘limitation period’).
These Terms and Conditions form the legal agreement between us.
Claim/Claims -Your claim or claims against the Third Party relating to the mis-selling of a Financial Product or Service, Section 75 claims, the application of unlawful charges or a breach of legislation relating to a Financial Product or Service.
Client Account – A separate bank account where client funds are deposited. This account is separate to Our main business account.
Compensation – Any sums offered or paid in respect of any Claim as a result of Our efforts.
This includes refunds, redress, benefits, goodwill gestures, saving, rebate, ex gratia payment, discounts, any reduction in the loan/finance outstanding or reduction in outstanding liabilities and/or any interest recovered.
Data Protection Legislation- the General Data Protection Regulation 2016 and the Data Protection Act 2018.
Financial Products – credit cards, loan and breaches of the Consumer Credit Act 2006 and/or a combination of these.
Gross Amount – the total amount of Compensation offered before tax is deducted, before our Service Charge is deducted or before any Compensation is offset against debt.
Letter of Authority- the signed Letter of Authority which you provide to Us authorising us to act on your behalf.
Service/s – the work which We will undertake on your behalf set out in these terms.
Service Charge – the charges payable by You as set out in these terms.
‘Us’, ‘We’ and ‘Our’ means Henderson Claims Ltd.
‘You’ and ‘Your’ means the client/s whose details are recorded on the Letter of Authority.
2. Length of this Contract
This contract will start on the date You sign and return these terms to Us and, unless cancelled earlier in accordance with clauses 6 or 7 below, will continue until:
- (a) Compensation is recovered for You and You have paid the Service Charge; or
- (b) Your Claim is rejected, and We notify You that there is no avenue of appeal or any such avenue is, in Our reasonable opinion, unlikely to succeed.
3. What Services We will provide to You
- Ask you a series of questions to enable Us to ascertain the basis and merits of your claim.
- Assess the likelihood of Your Claim being successful and provide Our advice on this.
- If We reasonably believe that it is unlikely to be successful or it is not in Your best interests to pursue a Claim, we may decline to act for You. We will notify You of this and tell You why We have reached Our decision.
- If We accept Your Claim, we will confirm this to You and prepare and submit Your Claim to the relevant Third Party, where appropriate.
- Liaise with the Third Party on your behalf.
- Promptly advise you of any requests for additional information or documentation that the Third Party needs.
- Update You within 10 working days when there are any material developments on Your case or when We receive any information which is for Your attention. Where there are no material developments, we will update You at least every 6 months in writing.
- Notify You in writing of any offer of Compensation made and provide Our advice regarding the offer.
- Where necessary and appropriate, seek Your agreement to refer Your Claim to the FOS or the FSCS.
- Notify You of any circumstances beyond Our control which prevent Us from performing the Services under this contract.
4. What you will need to do
You agree to:
- Provide full authority to Us to deal with the Third Party on your behalf.
- Appoint Us as Your exclusive representative to handle this Claim. You cannot appoint another firm, person or Yourself, to act on Your behalf in respect of this Claim, unless You terminate this agreement with Us in accordance with clause 6 below.
- Provide Us with information about Your circumstances which is truthful, to the best of Your knowledge and belief. Such information may relate to Your financial circumstances, recollections of the sale, installer details and details of any damage.
- Allow access to Your home for a survey of the damage.
- Co-operate with Us at all times.
- Respond promptly to requests by Us for further information, or documents that may be required.
- Provide copies of all documentation that you hold which relate to the Claim. Documentation which may be required are finance agreements or statements, installation certificates, proof of identity documentation, proof of beneficiary documentation. This is not an exhaustive list.
- Notify Us promptly of any communication from the Third party including an offer of compensation or rejection.
- Notify Us promptly upon becoming aware of any changes in Your circumstances or of any documents not provided to Us which could affect the Claim. This includes, but is not limited to, any arrears, the issue of a default notice, a petition for a County Court Judgment or bankruptcy claim. In this case, we reserve the right to terminate the agreement in accordance with clause 7.1a below.
- Pay our Service Charge due as a result of a successful Claim.
5. Service Charges
- Our Service Charge is 25% plus VAT (at the standard rate) of the Compensation offered or refunded to you by the Third Party.
- In addition to our Service Charge, we charge an additional £600 + VAT (at the standard rate) for any Inspection Report / Survey that may be required, which is only payable where Compensation has been offered or refunded to you by the Third Party. We will seek to recover the cost of any Inspection Report / Survey from the Third Party should Compensation be offered or refunded. If we are unable to recover the cost of the Inspection Report / Survey in full from the Third Party, we will not seek to recover any shortfall from You.
- If you have arrears or outstanding liabilities on your Financial Product, then the Third Party may use the Compensation to pay those before making any payment to You. If you do not receive any cash refund and all compensation is used against debt, you must still pay Our Service Charge and the Inspection Report / Survey (where applicable).
- These examples are for illustration purposes only and are not to be taken as an estimate of the likely amounts to be recovered. The amount You receive may be more or less than these examples.
- If the Third Party makes payment of the Compensation and the Inspection Report / Survey (where applicable) directly to Us this will be paid into our Client Account. We will deduct Our Service Charge and the Inspection Report / Survey cost (where applicable) and make payment of the balance to You within 2 business days of receipt by Us.
- If the Third Party makes payment of Compensation and the Inspection Report / Survey (where application) directly to You, we will send You an invoice equal to the amount of Our Service Charge and the Inspection Report / Survey (where applicable).
- Our invoice in respect of our Service Charge and the Inspection Report / Survey (where applicable) must be paid within 14 business days upon receipt of Compensation and payment of the Inspection Report / Survey (where applicable).
- We reserve the right to charge You for any reasonable costs incurred in seeking to recover our invoice from You, including interest at the rate of 2% per annum over the base lending rate of Barclays Bank if Our Service Charge and the cost of the Inspection Report/Survey (where applicable) is unpaid at the end of the 14 business days.
- We reserve the right to charge the full Service Charge on the basis of the offer of Compensation being made if:
- You reject an offer of Compensation that is calculated in accordance with rules of the FCA or the principles used by the FOS; or
- You reject any other reasonable offer of Compensation which We recommend (acting reasonably) should be accepted by You.
6. How You Can Cancel This Agreement
- You have the right to cancel this contract within 14 days without giving any reason. This cooling off period will expire after 14 days from the day You sign and return the agreement.
- You must inform us of your decision to cancel this contract using one of the contact methods detailed in clause 10.
- We will communicate to You an acknowledgement of the cancellation in writing.
- If We are in breach of Our obligations under this agreement You can cancel this contract at any time without having to pay anything to Us.
- If you cancel this agreement after Compensation has been offered or refunded to you by the Third Party, we are entitled to our Service Charge in accordance with clause 5.1.
7. How We Can Cancel or Change This Agreement
- We can cancel this agreement by giving You 14 days’ notice in writing if any of the following events occur:
- We become aware that Your Claim is unlikely to succeed.
- You are declared bankrupt, enter into an Individual Voluntary Arrangement or a Trust Deed, have a Bankruptcy petition presented against You, enter into Sequestration, or a reduced repayment arrangement with Your creditors.
- You provide information which You knew to be false or misleading in support of Your Claim and this information is material to the success of Your Claim or as to whether We would have agreed to act for You.
- You fail to respond to reasonable requests for information in a timely manner and this prevents Us from progressing Your Claim.
- We become aware or suspect that the claim is fraudulent or vexatious.
- You breach a term of the agreement and You do not correct this breach within 30 days of receiving written notification from Us detailing the breach and the action required to resolve the breach.
- Subject to the notice period below, we may change the terms of this agreement from time to time to reflect the increased cost of providing the Services to You, to reflect changes or predicted changes in taxation, or changes in legislation.
- We will always give You at least 30 days’ written notice of any changes before they take place. If You are not willing to accept the proposed change, you will be free to end the agreement and You will have no amount to pay.
- You can submit a complaint to us in one the following ways:
Write to us: Unit 2, Longstone Road, Manchester, M22 SLB
Telephone us: 0161 359 7140
Email us: firstname.lastname@example.org
- We will send you a written acknowledgement with a copy of our complaint’s procedure promptly and in any event within 3 business days. If we haven’t resolved Your complaint within 8 weeks of receipt or You are not satisfied with our response You can refer it to the Financial Ombudsman Service, whose contact details are:
- If you believe we have breached our Data Protection legislation, you have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection Issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us using the details above.
9. Data Protection
- We will process Your information in accordance with Data Protection legislation.
- We may decide not to apply certain conditions of these terms to some/all of Your claims.
- If We decide not to apply a condition of these terms to one of Your Claims, this does not mean that we cannot apply it to any of Your other Claims.
11. Other Important Terms
- We may transfer these Terms and Conditions and Our rights and obligations under it. We will always provide You with at least 30 days’ written notice of such a transfer. You will be free to cancel the agreement if You object to such a transfer.
- This agreement is governed by English Law and is subject to the jurisdiction of the English courts
12. Alternative steps to pursue my claim
I am aware that I can take alternative steps to pursue my claim without using a CMC, which may be free of charge and I do not wish to do so for the following reason/s:
- I do not have the time
- I do not know how to make a claim
- I would prefer professional help