[accordion title=”1. Definitions.”]
14 day cooling off period means the first to the fourteenth day inclusive after we receive your signed terms of engagement.
claim means the company providing its claim service against the respondent to bring about compensation arising out of the actual or potential mis-selling of a high cost financial product.
claim service means any and all of the actions of the company in representing you make a claim during which the company will undertake reasonable steps as may be necessary to progress the claim from time to time. This may include (but is not necessarily limited to) providing advice in writing or orally, investigating the facts and merit of a claim, presenting a claim, negotiating and relaying settlement information about a claim.
company/us/we/our means Allegiant Finance Services Limited whose present address is 400 Chadwick House, Warrington Road, Birchwood Park, Warrington, WA3 6AE, a claims management company that is authorised and regulated by the Financial Conduct Authority and whose Firm Reference Number is 836810. Check https://register.fca.org.uk/ to verify up to date details.
compensation means any cash-in-hand compensation that you receive from the respondent.
high cost financial product means each and every agreement you have had with the respondent (whether past, present or those taken out during the claim service) and relating to the product type that you have instructed us to pursue.
product type is a defined category of high cost financial products such as (a) payday loan claims (b) doorstep loan claims (c) short term high cost credit claims (d) guarantor loan claims (e) bad credit loans.
respondent means «Parent_Company» whilst trading as «Enquiries_FSP_Trading_Name», its predecessors, successors, assignees, servants and/or agents inclusive of any insolvency practitioners appointed from time to time.
settlement proposal means an offer from the respondent, or a recommendation, adjudication or decision made by the Financial Ombudsman Service or another third-party organisation with binding authority to award compensation, whether or not the compensation due has yet been calculated.
success fee means the sum payable to us as regulated by Section 4 of the terms of engagement.
terms of engagement means the terms and conditions set out within this document.
you/your means the person signing the terms of engagement.
[accordion title=”2. Our commitments to you.”]
2.1 In performing our duties, we will exercise the reasonable skill and care expected of a regulated claims management company and maintain all relevant regulatory permissions to enable us to perform our role lawfully.
2.2 Once we are in receipt of appropriate information and documentation from you, we will submit a claim to the respondent. Should the respondent not respond within appropriate timeframes or disagree with the claim, we will reconsider the claim merits in all of the circumstances and, where reasonable, escalate the claim to the Financial Ombudsman Service or another appropriate third party alternative dispute resolution organisation with binding authority to resolve the claim on your behalf.
2.3 We will communicate with you by email, live chat, post, SMS, via our website portal and/or orally (including by telephone).
2.4 We will update you when there is a material claim update. This includes where the respondent acknowledges the claim, requests further information and/or makes a final decision. If your claim is referred to the Financial Ombudsman Service or another third party organisation with binding authority, we will update you when the claim is acknowledged and whenever there is a subsequent material development.
2.5 We agree to pay a respondent and any relevant third parties any such reasonable fees as may be necessary for us to access information required to pursue a claim.
2.6 We will take instructions from you where they are necessary and always in relation to settlement proposals once compensation is calculated.
2.7 We will reasonably assume that account information and calculations provided by the respondent are the best primary evidence of lending, is accurate, not misleading and/or not provided in bad faith.
2.8 We will not provide financial or debt advice as we are solely authorised and regulated to provide claims management services.[/accordion]
[accordion title=”3. Your commitments to us.”]
3.1 You confirm that you have not pursued the claim previously, or where You have, that this has been brought to our attention and that all relevant correspondence and documentation will be passed to us promptly.
3.2 You agree that we are appointed as your exclusive representative for the purpose of delivering the claim service, meaning that at no time during the terms of engagement will You (i) have an ongoing contract with another representative relating to the claim; or (ii) attempt to pursue the claim Yourself without cancellation (see Section 5).
3.3 You agree not to contact the respondent, the Financial Ombudsman Service or other relevant third party organisation to withdraw our authority to provide the claim service without first cancelling with us.
3.4 You confirm that you are not, or have never been, declared bankrupt or subject to an IVA, DRO or sequestration. You agree to inform us immediately should there become a reasonable likelihood that you may formally enter into any such arrangement.
3.5 You agree to provide us with prompt details of your personal details and financial situation as we may reasonably require in order to provide the claim service and to immediately inform us of any change of details during the course of the claim service.
3.6 You agree to complete and sign any and all paperwork necessary to provide us with authority to pursue the claim service.
3.7 You agree to provide us with the documentary evidence reasonably required to investigate and/or pursue the claim including (but not limited to) bank statements, credit reports, relevant respondent related documentation and correspondence.
3.8 You agree to inform us immediately should a respondent contact you directly to discuss a claim or make a payment to you directly.
3.9 In the circumstances where a respondent pays you directly, you agree to pay the success fee (see further section 4).
3.10 You acknowledge that the making of a claim may lead to the respondent withdrawing your access to their financial products. You agree to make your own back up arrangements for this eventuality.[/accordion]
[accordion title=”4. The success fee.”]
4.1 The success fee is 30% inclusive of VAT calculated on the cash-in-hand that you receive only. We do not charge for tax deductions, debt reductions, write offs.
How this works in practice:
|Deductions the respondent
makes for tax or money you owe them.
|Cash in hand compensation
due (A less B)
(30% of Column C)
|Result After You
Left After You Pay Us £700
Left After You Pay Us £560Reduction
of amount owed to respondent and/or HMRC
Left After You Pay Us £0.Reduction
of amount owed to respondent and/or HMRC
4.2 You agree to pay us the success fee without undue delay upon receipt of clear funds paid to you by the respondent. You accept that payment of the success fee is not contingent on any completion of ancillary settlement actions arising, such as a respondent making a correction to a credit record. Where ancillary settlement actions remain outstanding, we will continue to pursue these on your behalf and our contractual commitments to you will be unaffected by the payment you have made.
4.3 Where compensation is paid in separate parts or part paid (for whatever reason), we reserve the right to raise interim or modified invoices relating to the amount received by you.[/accordion]
[accordion title=”5. Cancellation rights.”]
5.1 You may cancel the claim service without charge within the 14 day cooling off period. You may give us a reason, but have no obligation to.
5.2 After the expiry of the 14 day cooling off period, you may ask us to cancel the claim service but our full success fee will apply if you later receive a settlement proposal as a result of you continuing the claim. Where you withhold information relating to a settlement proposal, we reserve the right to raise an invoice based on our aggregated all lender win statistics over the previous 12 month period. We reserve the right to amend any such invoice should we later learn of the final settlement proposal details.
5.3 You can serve notice of cancellation as follows:
(a) by post: Allegiant Finance Services Limited, Freepost RTYU–XUTZ–YKJC, 400 Chadwick
House, Warrington Road, Birchwood Park, Warrington, WA3 6AE;
(b)by email: email@example.com;
(c) by telephone: 0345 544 1563; or
(d) online at https://allegiant.co.uklegal/cancellation.
5.5 Where you cancel an agreement with us, We will ask you whether you wish for us to withdraw the claim or whether you wish to continue it yourself. We will then update the respondent and where necessary the Financial Ombudsman Service and/or other relevant third party organisation as appropriate. Where you are continuing the claim yourself, it is entirely your responsibility to make enquiries of relevant deadlines and steps that are required to be undertaken.
5.6 We may cancel the terms of engagement where we do not consider a claim has appropriate merit, where a claim is uneconomical for the company or where an actual or potential regulatory or commercial conflict of interest arises. Where we cancel pursuant to this clause, there will be no charge.[/accordion]
[accordion title=”6. Complaints.”]
6.1 Complaints may be made either:
(a) by post: Allegiant Finance Services Ltd, Freepost RTYU–XUTZ–YKJC, 400 Chadwick House, Warrington Road, Birchwood Park, Warrington, WA3 6AE;
(b)by e-mail: firstname.lastname@example.org; or
(c)by telephone: 0345 544 1563.
6.2 Our full complaints procedure can be viewed at https://allegiant.co.uklegal/complaints and is available in writing upon request.
6.3 If you are not satisfied with our, or if a complaint is not resolved after eight weeks, you may refer the complaint to the Claims Management Ombudsman Service (a part of the Financial Ombudsman Service) to independently consider:
(a) by email to email@example.com;
(b) by post to: Exchange Tower, Harbour Exchange, London, E14 9SR; or
(c) by telephone: 0800 023 4567.
See further: https://cmc.financial-ombudsman.org.uk.
6.4 Time limits apply to complaints. You have six months to approach the Claims Management Ombudsman Service from the date of our Final Response, or where your complaint is not resolved by us after eight weeks.[/accordion]
[accordion title=”7. Termination.”]
The terms of engagement will terminate upon completion of the claim service and upon payment by you of any fees or charges due to us. These terms of engagement will be resurrected upon our written notice to you in the circumstances where there is a legitimate basis that additional compensation may be due to you (for example as a result of a regulatory change, court order, audit, the respondent’s error or concealment or some other relevant basis).[/accordion]
[accordion title=”8. General.”]
8.1 We reserve the right to recover the cost of solicitor fees, tracing fees, court fees and/or enforcement agent fees where it is necessary to enforce our right to payment of the success fee or a cancellation fee.
8.2 In the event of conflict, the provisions of this agreement will be interpreted in line with prevailing statutory and regulatory rules as in force from time to time.
8.3 Nothing within this agreement is intended to confer a benefit on a third party under the Contract (Rights Against Third Parties) Act 1999.
8.4 The company may assign or subcontract any or all of its rights and benefits arising from the terms of engagement with 21 days prior written notice (or shorter where required to comply with a legal or regulatory obligation).
9.5 If any part of the terms of engagement is found to be invalid or unenforceable, the other terms of this agreement will not be affected and shall be read to give effect to the intended spirit of the overall agreement.
9.6 The terms and conditions in these terms of engagement will apply post termination where necessary to give effect to the agreement, its purpose and intention.
9.7 This agreement is subject to the laws and exclusive jurisdiction of the courts of England and Wales