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FCAS Terms and Conditions

Financial Claims Advisory Service Ltd specialise in making claims on behalf of clients who have been mis-sold Payment Protection Insurance and/or Packaged Bank Account(s). We have agreed to make a claim/s, on your behalf, in respect of the potential mis-selling of Your Insurance Policy and/or Your Packaged Bank Account(s), on the terms of this agreement. We do not give legal advice; our service is limited to the process and administration of claims in relation to the mis-selling of Payment Protection Insurance and/or Packaged Bank Account(s), as set out in this agreement.

Financial Claims Advisory Service Ltd is regulated by the Claims Management Regulator in respect of regulated claims management activities. Authorisation number CRM22601.

Visit www.claimsregulation.gov.uk for more information.

You have the right to use the Financial Ombudsman Service to seek redress independently.

1. Definition of Terms

We, Us and Our means Financial Claims Advisory Service Ltd, whose registered office is at 30 Clarendon Road, Watford, Hertfordshire, WD17 1JJ; company registration number 7079905.
You and Your means You the person/s entering into this Agreement.
Your Insurance Policy means the Payment Protection Insurance Policy/Packaged Bank Account sold or provided to you.
Your Bank - the bank(s) means a financial institution(s) or other provider(s) of generic financial services against which We bring a Claim on your behalf.
Claim – a claim or claims made by Us to the Bank on your behalf relating to one or more of Your Insurance Policy and/or Your Packaged Bank Account(s).

2. Scope of Work

We will correspond with the organisation or individual that sold Your Insurance Policy/s and/or Packaged Bank Account(s), including requests for Disclosure of Information in respect of your claim/s if required, with the aim of securing a successful claim/s on your behalf.
Should your claim/s not be accepted we will prepare and present your case to The Financial Ombudsman Service where we consider it is reasonable to do so.
We will keep you informed of progress and advise you on the best course of action at every stage.
Other than the actions referred to above, We will not be obliged to take any action on your behalf, unless We otherwise agree in writing.

3. No Guarantee

We give no guarantee and make no representation that any claim/s that we make on your behalf will be successful, or that we will be able to recover any particular sum of money, or achieve any particular result, for you.

4. Fees and Interest

4.1 On successful completion of your claim/s, you pay us 25%, plus VAT at the current rate, Our Fee, of:
(a)any sum recovered, prior to the deduction of any tax, and including any interest that may be awarded; and/or
(b)the amount by which, any loan to you and/or amount or liability owed by you (including interest), is reduced, written off, cancelled or waived, as a result of, or pursuant or in relation to, or following, a claim or demand (whether by you, or by us), in relation to the alleged mis-selling of Your Insurance Policy or Packaged Bank Account (Sum Recovered).

Fee examples:

Example 1: No arrears present
Sum recovered - £3000.00
Our fee @ 25% - £750.00
VAT @ 20% - £150.00
Total fee payable - £900.00
Total financial benefit to you - £2100.00

Example 2: Arrears present. Potential for offset

Sum recovered - £3000.00
Arrears - £3000.00+
Our fee @ 25% - £750.00
VAT @ 20% - £150.00
Total fee payable - £900.00
Total financial benefit to you - £0.00*
(*Reduction to your arrears achieved)

Example 3: Arrears present: Potential for part-offset

Sum recovered - £3000.00
Arrears - £2000.00
Our fee @ 25% - £750.00
VAT @ 20% - £150.00
Total fee payable - £900.00
Total financial benefit to you - £100.00*
(*Clearance of your arrears achieved)

4.2 If the organisation or individual against whom we are making a claim/s on your behalf, identify and award compensation against any further Insurance Policy/s, then a fee will be payable by You to Us for all such awards of compensation.
4.3 We will issue an invoice for Our Fee, when it falls due.
4.4 We operate a No Win No Fee policy. No Win No Fee means you do not pay us if your claim is unsuccessful and if successful, you only pay our fee once the lender has made compensation payment to you.
4.5 Our invoice will detail the timescales by which we expect you to have made the due payment for our services to us in full. Unless otherwise agreed with you, this will be within 14 days from the date you receive the funds from the financial business who is settling the complaint, or the date that the funds have been offset against existing arrears.
4.6 In the event that you do not make full payment within the time period agreed on our invoice, we reserve the right to apply an additional penalty fee of no more than £50 from the date that the payment becomes late. Should we be unable to settle outstanding fees, we also reserve the right to refer the debt to Daniel Silverman Limited debt collection agency, which may impose further penalty fees.

5. Your Obligations

5.1 You must promptly provide to us, at no cost to us, copies of any documents in your possession, and with any other information, that we ask for at any time.

5.2 You must make full, frank and prompt disclosure to us of all facts that you believe are relevant to your claim/s, and not deliberately mislead us at any time.
5.3 You must promptly provide to us, at no cost to us, any authority we ask for at any time, authorising us to carry out our obligations under this agreement and to receive direct payment of the Sum Recovered (as referred to in clause 4.3 above).

6. Termination, lien and set off

6.1 You may terminate this agreement at any time during the period of 14 days from the earliest dated Authority to Act/s you return to us, by notifying us in accordance with clause 7.5 below, by post, email, (details below), or by telephoning us on 0800 634 5293 without any further obligation to us. You will not be liable for any fees should you terminate the agreement during this period.
6.2 If you do not perform any of your obligations under this agreement, so that we are unable to perform our own obligations, we may (if we decide to do so) regard you as having terminated this agreement in accordance with clause above in which case you will still be liable to pay us Our Fee.
6.3 We will have the immediate right to set off any amounts owed to us against, and to deduct them from, any sum of money that we receive on your account, or which belongs to you, after which we will send you the balance of such money after such set off or deduction.

7. General

7.1 This agreement may not be varied or changed in any way unless in writing and signed by you and one of our duly authorised representatives.
7.2 This agreement and the documents referred to in it make up the whole agreement between you and us. Nothing in this clause limits or restricts your rights or our rights in respect of any fraud or wilful concealment by the other.
7.3 If we do not exercise, or we delay in exercising, any of our rights or remedies under this agreement, this does not mean that we have waived that right or remedy, or waived any other right or remedy that we may have, and if we only exercise a right or remedy once, or only exercise part of it, this will not stop us from exercising that right or remedy in the future, or any other right or remedy.
7.4 This agreement and the documents referred to in it are only for the benefit of you and us and are not intended to benefit, or be enforceable by, anyone else.
7.5 If either of us needs to notify the other of anything under this agreement, the notice will be sent by pre-paid first class recorded delivery post, if it needs to be sent by us to you, addressed to you at the address given at the head of this agreement (or to such other address as you have notified to us in accordance with this clause), and if it needs to be sent by you to us, to us at the address given at the head of this agreement (or to such other address as we have notified you in accordance with this clause), addressed to: 30 Clarendon Road, Watford, Hertfordshire, WD17 1JJ. Any such notice will be regarded as having been served 48 hours after the notice (provided that it has been correctly addressed and prepaid) has been posted. To prove service, it is sufficient to prove that the envelope containing the notice was properly addressed and delivered into the hands of a licensed postal operator for delivery, as referred to above.
7.6 The construction, validity and performance of this agreement will be governed by and interpreted in accordance with English Law and you and we agree that the English Courts will have exclusive jurisdiction over such matters, however we will have the right to take action against you in relation to this agreement in any Court, in any country, if we feel that it is necessary.

8. Complaints Procedure

We pride ourselves on providing a professional service. If you are not happy with our service in any way we would like to hear about it. Please address your complaint in writing to:
FCAS Manager Financial Claims Advisory Service Ltd
30 Clarendon Road
Watford Hertfordshire
WD17 1JJ
Email: aftersales@fcasltd.co.uk

Alternatively you may complain by calling our Freephone number 0800 634 5293 or by email to complaints@fcasltd.co.uk


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