Terms & Conditions

1. Definitions
‘Administration Charge’ means such costs incurred in processing, preparation and submission of the Client’s claim (including without limitation any charges payable to the Third Party whether under the Data Protection Act 1998 or otherwise in order to obtain details relating to the Client’s claim for Compensation) incurred by the Company until the time that the Client’s written notice of termination is received by the Company.

‘Benefit’ means all non-monetary benefits in whatever form including without limitation all benefits that will arise from any waiver, cancellation, reduction, saving, deduction or rescheduling of any outstanding or future loan or interest payments, credit repayments, premiums, charges or other interest or administrative payments (or any offsetting or relief against the same) or any other saving, inducement, discount, rebate offered in relation to any other products or services offered by a Third Party or persons connected to the Third Party.

‘Client’ means the client of the Company.

‘Compensation’ means the total monies and the full value of Benefits (as defined above) offered by the Third Party whether as compensation, as a gesture of goodwill or otherwise arising from any claim made by the Company on behalf of the Client for complaints about a regulated car finance agreement or any reduction in money owed by the debtor to the creditor as a result of the Company’s actions. Where such an offer is revised on appeal, then the higher amount shall be used in order to calculate the amount of the Compensation, provided that the client is still under contract and has not previously exercised their right to terminate the contract.

‘Company’ means Chase Monro Claims Ltd.

‘Contract’ means the contract between the Company and the Client for the provision of the Services, comprising the signed Contract & Terms and Conditions.

‘Services’ means all or any of the services as specified in the Contract.

‘Service Charges’ means the charges payable by the Client set out in the Contract.

‘Third Party’ means any bank, person, firm or company that sold or marketed a regulated car finance agreement to the client, or brokers or intermediaries or person or body which disadvantaged the Client.

‘VAT’ means value added tax at the then prevailing rate.

Regulatory Status
Chase Monro is authorised and regulated by the Financial Conduct Authority FRN: 831404.

2. Duration
The Contract shall commence on the date on which the Client’s signed Contract has been received by the Company and unless terminated earlier as provided below shall continue until:

Compensation is recovered for the Client by the Company and the Service Charges or the Administration Charges (as applicable) are paid by the Client; or
The Company advises the Client in writing that it is unable to recover Compensation; or
The Company exercises its right not to pursue a claim for Compensation but this is without prejudice to any rights the Client may have to make a claim.
The Client exercises his right to cancel the contract within 14 days of the Contract having been received, without charge; or
The Client exercises his right to cancel the contract after 14 days of the signed Contract having been received. The Company reserves the right to make a termination charge that will reflect the work undertaken by the Company in fulfilling its services. The company shall limit any charge to what is reasonable in the circumstances.

3. Services
The Company agrees with the Client:

That it will use its reasonable endeavours to pursue an application for Compensation from the Third Party on behalf of the Client where the Company believes that it is reasonable to do so, having regard to the merits and the value of the Client’s claim;
To notify the Client promptly and in writing if it decides that it will not pursue an application for Compensation;
To use reasonable endeavours to keep the Client informed of the progress of the claim;
That it will not seek to recover the Service Charges should the application to the Third Party for Compensation prove unsuccessful;
To act in the best interests of the Client at all times;

4. Charges
The liability for the Client to pay the Service Charges is (where the Client is more than one person) joint and several. This means that the Company can recover all of such charges from any person who is the Client.

5. Debt Recovery
In the event the Client has refused to pay the Company’s Service Charges or where all fair and reasonable attempts to establish an affordable payment plan to pay the Company’s Service Charge have failed, the Company shall take steps to recover any Service Charges due and unpaid by the Client to the Company, the Client shall pay to the Company the Company’s costs (including administrative costs) of taking such steps and in addition the Client undertakes that it will at all times be responsible for all costs and expenses incurred by the Company, including but not limited to, Court fees, interest and administrative fees in recovering from the Client any Service Charges due and unpaid from the Client to the Company.

6. General Obligations of the Client
The Client agrees with the Company:

To provide the Firm with all documentation likely to be needed to pursue the claim(s). This includes documentation showing the respondent(s) and the client had a relationship and documentation that evidences the alleged wrong doing.
To notify the Firm prior to entering into this agreement whether the client has any outstanding liabilities owed to a respondent
To notify to the Firm if in Great Britain or in any other jurisdiction if any of the following has occurred or is likely to occur:

(a) Have ever been declared bankrupt
(b) Are subject to a bankruptcy petition
(c) Are subject to, or have ever been subject to, an individual voluntary arrangement.
(d) Have proposed an individual voluntary arrangement which is yet to be approved or rejected by creditors
(e) Are currently subject to, or have ever been subject to a debt relief order; or
(f) Are or have ever been subject to any other similar process or arrangement which is similar to those listed in (a) to (e) including but not limited to sequestration. If so, any compensation monies might, in certain circumstances be off set against your outstanding debts and that you will where necessary need to pay the firms fees from funds that are not subject to the arrangement listed in (a) to (f).

To provide promptly all such information as the Company may from time to time reasonably request;
To ensure that all information sent to the Company is true, accurate, and not misleading;
To authorise the Company to act on its behalf to contact the Third Party or such other persons, firms or companies as the Company considers necessary to perform the Services and to authorise the release of any such information as the Company deems appropriate
To authorise the Company on an exclusive basis to negotiate on the merits of the Client’s claim;
To deal with all correspondence from the Company promptly, including without limitation to return to the Company either the Third Party’s acceptance form or a letter rejecting the Third Party’s offer as soon as reasonably practicable and in any event within 28 days.
Not to appoint any other claims handling company or other person, firm or company to provide the Services during the term of the Contract without the prior written consent of the Company;
Not to pursue the claim during the term of the Contract personally and not to contact the relevant dispute resolution service;
Not to contact or correspond or communicate with the Third Party without the consent of the Company, as this may prejudice any ongoing negotiations;
To immediately copy to the Company any correspondence it receives from the Third Party;
That it has not previously claimed or received compensation or an offer of compensation from the Third Party relating to the regulated finance agreement(s) to which this claim relates.
To notify the company when an offer of redress/compensation is made by a respondent.
To notify the company when in receipt of redress/compensation paid by a respondent.

7. Risks
These are the following risks involved in making a claim:

The possibility of not recovering any cash in hand redress but becoming liable to pay the company fees.

If you have outstanding liabilities with the respondent there is a possibility that any compensation/redress will be off-set against those outstanding liabilities and the client may still be liable to pay the company’s service fees from own funds.

If the client, whether in Great Britain or in another jurisdiction have been subject to bankruptcy, a debt relief order, an IVA, sequestration or a similar arrangement the compensation/redress might, in certain circumstances be off-set against the client’s outstanding debts; and the client will, where necessary, may still be liable to pay the company’s service fees from own funds.

The company excludes liability to you for any tax liability incurred due to your failure to pay tax on the compensation/redress received. It is the client’s responsibility to fulfil their personal tax obligations. Professional financial advice should be sought by the client if in doubt of their tax obligations.

8. Payment Obligations of the Client and the Company
The amount of the Service Charges payable by the Client to the appointed Solicitor is set out in the signed Contract relating to the Services and in the Solicitor’s, Damages Based Agreement (‘DBA’). The Client agrees that it is liable to pay the Service Charges to the appointed Solicitor when Compensation is paid directly to the Client by the Third Party.
All Service Charges and other fees payable by the Client to the Appointed Solicitor shall be paid by the Client within 7 days of the Company or the appointed Solicitor invoicing for such charges or (if stated) by such later date stated in the invoices. If your account is in arrears and we have reduced or eliminated the account balance our Service Charges will still stand. However, we will work with you to either create an affordable payment plan or to delay our fee until you have received ‘cash in hand’ compensation from any other claims on which you have engaged us.

When an offer for Compensation is obtained from the Third Party on behalf of the Client which is made in accordance with the Financial Services Ombudsman guidelines and that offer is rejected by the Client then the Company/appointed Solicitor reserves the right to charge a fee equal to the amount of the Service Charge which would have been payable in the event that the Client accepted that offer.

8. Performance
The Company will use all reasonable endeavours to perform the Services within a reasonable period from the date of receipt of the Contract signed by the Client. The Company cannot be held responsible for delays due to circumstances beyond its control such as delays caused by the Third Party or the Client. Due to logistical reasons, it is not practicable for the Company to store paper copies of any statements, credit agreements or reports supplied by the firm complained about relating to the Clients claim. The Company will dispose of the paper copies securely.

9. Liability
The Company’s liability in respect of the Services is to provide the same with reasonable skill and care. The Company does not make any other promises or warranties about the Services. Any claim by the Client for compensation for loss caused by the Company’s negligence or breach of contract must be notified to the Company as soon as practicable after the damage is discovered.

10. Termination
The Company shall have the right by giving written notice to the Client at any time to immediately terminate the Contract if:
The Client is adjudicated bankrupt, enters into a voluntary arrangement with its creditors or has a receiver appointed under the Mental Health Act 1983; or
The Client does not follow any reasonable recommendations of the Company.
The Client shall have the right to terminate the Contract by giving notice to the Company within 14 days of signing the Contract. Cancellation is accepted by post, telephone, email or in person.
The Company recommends that the written confirmation of termination should be sent by recorded delivery. The Company will acknowledge the Clients confirmation of termination within 2 working days of receipt. If the Client does not receive this acknowledgement within a week, the Client should contact the Company to check that his/her written confirmation of termination has been received.

In the event that the Client terminates the Contract after 14 days the Company reserves the right to charge the Client, at the Company’s standard hourly rate (£100 inc VAT), such preparation, processing, and submission costs as may have been incurred by the Company up to the time the Clients notice of cancellation has been received by the Company. The Company shall limit any charge to what is reasonable in the circumstances. If such termination takes place once the Third Party has made an offer of Compensation, the Company shall have the right to impose a charge equivalent to the Service Charges that would be payable if the offer was accepted.

11. Force Majeure
The Company shall not be liable for any delay or other failure to perform any services by reason of any cause whatsoever beyond its reasonable control and the time for performance shall be extended by the period of any such delay.

12. Confidentiality
Both parties agree to keep confidential the subject matter of the Contract and any information (whether written or oral) acquired by that party in connection with the Contract and not to use any such information except for the purpose of performing its obligations under the Contract.

Both parties agree that the provisions of Condition 12 shall not apply to information already in the public domain other than as a breach of Condition 12.
The restrictions contained in Condition 12 shall continue to apply following the termination of the Contract without limit in time.

13. Privacy Policy and Data Protection
The Company agrees to comply with any written Subject Access Request under the DPA made by the Client for the personal data that it holds subject to any exemptions that may apply from time to time.

The Company further agrees to correct any inaccuracies in the Clients personal data held at the request of the Client. By acceptance of the Company’s privacy policy and unless and until the Company receives written instruction to the contrary, the Client agrees that the Company may share the Clients personal information with banks, Financial Advisers or other relevant institutions and to affiliates, associated companies or firms or service partners for the purposes of assisting the Client with the Clients claim for compensation. Except as explicitly stated in this condition and the privacy policy, the Company does not disclose to any third party the information provided by the Client.

The Client acknowledges and agrees that its personal data may be submitted to a credit reference agency and processed on behalf of the Company in connection with the Services.

14. Rights of Third Parties
A person who is not a party to the Contract will have no rights pursuant to the Contracts (Rights of Third Parties) Act 1999 to enforce the Contract.

15. Notices
Any notice to be given in accordance with the Contract and these terms and conditions must be in writing.

16. Complaints
If at any point you become unhappy with the service we provide to you, please do contact us so that we can do our best to resolve the problem for you. The Company operates a complaints procedure, full details of which are set out in the Chase Monro Claims Complaints Handling Policy that is available upon request and is available from our website.

The Firm is subject to the Financial Ombudsman Service’s jurisdiction (hereafter referred to as the FOS’). Further information about the FOS can be obtained on the following website: www.financial-ombudsman.org.uk.

17. Waiver
No failure or delay in exercising any of the Company’s rights shall constitute a waiver of the same or any other of its rights.

18. Law and Jurisdiction
The law applicable to the Contract shall be English law and the parties consent to the jurisdiction of the English courts in all matters affecting the Contract