Terms and Conditions
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Whitehall Randall and Associates Ltd are regulated by the Financial Conduct Authority to carry out claims management activities and our FCA reference number is FRN 829767.
You may check this information on their web site at https://register.fca.org.uk/. The Financial Conduct Authority is the formal regulator of the Compensation Act 2006 and we are required to provide you with the information below. Use it to decide if our services are right for you.
What services do we provide?
Our service is to recover on your behalf from financial services firms losses that you have incurred as a result of negligent, non compliant, unfair or illegal activities. This may include disputes regarding contracts or the payment of claims. We will initially assess the validity of your potential claim, and if we agree to pursue the claim we will manage it to its conclusion. We will initially assess whether you have other ways of pursuing a claim.
What we will explain to you
Objective information to help you decide whether to make a claim (see appendix 1), including
– the risks involved
– any implications (financial or otherwise) should the claim be unsuccessful.
If you require any further explanations please let us know. If you require further explanations to be sent in writing please let us know.
Our obligations to you
We wish our service to meet, and exceed, the standard you would expect. This is detailed in appendix 2.
Your obligations to us
– To reply to any correspondence we may send you regarding your claim as soon as you reasonably can.
– To forward to us any correspondence you may receive directly regarding the claim.
– To pay our invoice in accordance with the fee agreement when compensation has been paid.
Fees and charges
We will not make any initial charge to take on your compensation claim and will only take a fee in the event of a successful claim, which will be 20% of the final compensation payout, plus VAT (currently 20%) making a total including VAT of 24%. You may have heard this referred to as “no win – no fee”.
To give you some examples if we obtain £3,000 in compensation you will pay us a fee of £600, plus £120 in VAT. A total of £720. If we obtain £50,000 in compensation you will pay us a fee of £10,000, plus £2,000 in VAT. A total of £12,000. At the time you are invoiced the rate of VAT may be higher or lower than 20%. You will be invoiced at the prevailing rate.
In respect of invoices outstanding for more than 30 days we reserve the right to charge interest at the prevailing county court rate.
If you wish to cancel the agreement you have signed with us you may do so without charge within 14 days of the date of signing our contract. You can do so by any reasonable means i.e. letter, telephone to 01322 291 566, write to us at our address below, email firstname.lastname@example.org or use the cancellation form which is attached.
You may also cancel our services after a period of 14 days. At that point, depending on how long has passed since we started work, the amount of work carried out and the prospects your claim has for success, we reserve the right to charge you up to 20% plus VAT of any eventual compensation payment you may receive. We do not charge an “hourly rate” and we are bearing the costs and risks associated with the management and prosecution of your claim. In the event that you wish to cancel our contract part way through our fee will be limited to what is reasonable in the circumstances and will reflect the work we have undertaken.
Definition of Compensation
Compensation may take the form of a direct cash refund, augmentation to your pension/investment fund or a combination of the two. This will depend on your individual circumstances.
Compensation cheques are either made payable to our clients or to ourselves. If we receive a cheque payable to you we will endeavour to forward it to you the same business day by first class post. Our invoice should then be paid. If cheques are paid to us we pay them into our client account. We will then send you the proceeds net of our invoice amount.
If at any point you become unhappy with the service we provide to you or you have concerns about your bill then you should inform us immediately so that we can do our best to resolve the problem for you. You can complain by letter email, telephone or in person. We have a procedure in place which details how we handle complaints which is available on request.. 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. 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.
A business must send a written or electronic acknowledgement of a complaint within five business days of receipt, giving the name or job title of the individual handling the complaint for the business, together with details of the business’s internal complaints handling procedures.
A business must, by the end of eight weeks after its receipt of a complaint, send the complainant either: a) a final response (which must inform the complainant that they can complain to the Legal Ombudsman, the timeframe for doing so and full contact details for the Legal Ombudsman); or b) a response which: 3 Claims Management Regulation – Complaints Handling Rules 2015 i. explains that the business is still not in a position to make a final response, gives reasons for the further delay and indicates when it expects to be able to provide a final response; and ii. informs the complainant in writing that they can complain to the Legal Ombudsman, the timeframe for doing so and full contact details for the Legal Ombudsman. Please see www.gov.uk/moj/cmr for further details.
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 email@example.com 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.
Some things we need to explain to you:-
1. You will only need to pay money to us once you have received your compensation. We will not ask you for any monies either “up front” or during the course of your claim under any circumstances. Please see the “cancellation” section of this document for further details regarding fees.
2. There are no financial implications for you if your complaint “loses”. You will simply not have received a compensation payment.
General principles of regulated firms:-
a) Act fairly and reasonably in our dealings with you.
b) Ensure that any service offered is one that meets your needs and satisfies the requirements of the rules set down by the regulator.
c) Ensure that all information given to you is clear, transparent, fair and not misleading.
d) Avoid conflicts of interest.
e) Where advice is given, advise you of ombudsman schemes or other official means of obtaining redress.
f) Where advice is given, advise you to pursue cases only if it is in your interest to do so.
g) Not disclose your identity or personal data to any third party without your consent.
(h) Keep you informed of the progress of the claim. In the event of a likely significant delay i.e. a referral to the Financial Ombudsman Service, we will estimate the likely delay and inform you.
(i)Forward relevant information received from you without delay.