In these Terms:
“INSTRUCTION FEE” means a fee payable due when the Client instructs the Company and acceptance by the Company of the instructions.
“CHARGES” means the fees charged by the Company.
“CLAIM” means the Client’s claim details of which are set out in the Particulars
“CLIENT” means the person named on the Agreement for whom the Company has agreed to provide the Services in accordance with these Terms;
“CONTRACT” means the contract for the provision of the Services, comprising the
Agreement and Particulars signed by the parties and that the Client has read and understood these terms and conditions and agrees to be bound.
“COURT FEES” means the court issue fee in relation to the Claim and such other court fees as may be payable from time to time during the currency of the Claim which must be paid DIRECTLY by the Client to the Court.
“PARTICULARS” means the details of the Claimant, the Defendant and the Claim set out at the front of this Agreement
“SERVICES” means the following services (as detailed below)
CLIENT COMMENCES A CLAIM – UNDEFENDED AND JUDGEMENT OBTAINED
CLIENT COMENCES A CLAIM – DEFENDED
CLAIM MADE AGAINST CLIENT – CLIENT DEFENDS
CLIENT ADDITIONAL SERVICE OF REPRESENTATION
REFUND POLICY – Method and time of refund payable to Client
2 Supply of the Services
2.1 The Company shall provide the Services (or such of the Services as are appropriate to the Claim) to the Client subject to these Terms. Any changes or additions to the Services of these Terms must be agreed in writing by the Company and the Client.
2.2 The Client shall at its own expense supply the Company with all necessary Documents or materials and all necessary data or other information relating to the Claim, within sufficient time to enable the Company to provide the Services in accordance with the Contract. The Client warrants that all information and Materials supplied by the Client to the Company is true and accurate in all material respects.
2.3 The Client shall at its own expense retain duplicate copies of all Input Material. The Company shall have no liability for any loss or damage to any Documents or Input Material, however caused.
2.4 The Company may in its sole discretion refuse to provide the Services to the Client if the Company believes that the Client has provided inaccurate information or insufficient Documents and Material.
3.1 The Company will firstly carry out an initial assessment of the Client’s claim free of charge from the information submitted on the Claim Assessment Form by the Client..
3.2 If the Company believes from the information submitted by the Client that there is a reasonable chance of success in either the claim or defence of a claim the Company will inform the Client that it would be willing to offer its services. It is solely up to the Client to decide whether it wishes to avail itself of the services of the Company and the result of the initial assessment by the Company does not warrant that the Client will be successful or regain any monies. If the Company feel that there is no reasonable prospect of success for the claim, it will inform the Client accordingly that it will be unable to assist the Client.
Once having instructed the Company that it wishes to take up its services and paid the instruction fee the Client may within 7 days from that period instruct the company that it no longer wishes to proceed when the Company will refund the said fee within 14 days of the request and all contractual relations will be terminated.
Details of all our Services and Fees are to be found on our web site under our services and fees.
6 Warranties and Liability
6.1 The Company warrants to the Client that the Services will be provided using reasonable care and skill.
6.2 The Company does not warrant that the Services will result in a successful outcome for the Client or the recovery of any sums.
6.3 The Company warrants that if it receives any monies recovered in respect of the Claim then it shall be entitled to deduct and retain only such amount as represents the amount of the Charges hereunder and shall forthwith remit any balance to the Client.
6.4 The Company provides assistance in drafting, issuing and processing Claims. The Company does not provide legal advice nor does it represent that it is competent to provide legal advice. If the Client requires legal advice, opinion or services then the Client should contact a solicitor.
6.5 The Company shall have no liability to the Client for any loss, damage, costs, expenses or other claims for compensation arising from any information or instructions supplied by the Client which are incomplete, incorrect, inaccurate, illegible, out of sequence or in the wrong form, or arising from their late arrival or non arrival, or any other fault of the Client.
6.6 Except in respect of death or personal injury caused by the Company’s negligence, or as expressly provided in these terms, the Company shall not be liable to the Client by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any loss, loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of the Company, its servants or agents or otherwise) which arise out of or in connection with the provision of the Services, and the entire liability of the Company under or in connection with the Contract shall not exceed the amount of the Charges hereunder.
6.7 The Company shall not be liable to the Client or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Company’s obligations in relation to the Services, if the delay or failure was due to any default or delay by the Client or by any cause beyond the Company’s reasonable control.
7 Obligations and Warranties of the Client
7.1 The Client shall provide the Company with sufficient Materials to be able to provide the Services
7.2 The Client warrants that the Particulars and Materials are true and accurate in all material respects
7.3 The Client hereby authorises the Company to receive all and any monies outstanding as a result of the Services and to deduct the Charges from any such recovered monies before the Company pays the balance to the Client.
8.1 We do not store any credit card details nor do we share customers’ details with any third party.
8.2 We are registered with the Information Commissioners Office under reference ZA169605
9.1 These Terms together with the Agreement and Particulars constitute the entire agreement between the parties, supersede any previous agreement or understanding and may not be varied except in writing between the parties. All other terms, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.
9.2 A notice required or permitted to be given by either party to the other under these Terms shall be in writing addressed to the address of that party appearing at the front of the Agreement or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
9.3 No failure or delay by either party in exercising any of its rights under the Contract shall be deemed to be a waiver of that right, and no waiver by either party of any breach of the Contract by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.
9.4 If any provision of these Terms is held by any court or other competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and the remainder of the provision in question shall not be affected.
9.5 English law shall apply to the Contract and the parties agree to submit to the exclusive jurisdiction of the English courts.
Copyright Money Claims Help Ltd 2016. Registered office 9 Victoria Rd Fulwood Preston Lancashire PR2 8ND.