Terms and Conditions
1.Definition
a‘Claims Management Fees’ means such fees payable by the Client to Michael Levy upon conclusion of the claim.
b‘Claim’ means any claim that the client could make against a third party.
c‘Compensation’ means any monies due, savings made or benefits received as a result of a claim against a third party.
d‘DPA’ means the Data Protection Act 1998, as amended from time to time,
e‘CCA’ means the Consumer Credit Act 1974, as amended from time to time.
f‘Services’ means all or any of the services as specified in the Contract.
2.Duration & Services
2.2The Contract shall commence on the date on which the Client’s signed Terms and Conditions are received by me and unless terminated earlier as provided below shall continue until I have completed the claims process for the client.
3.Our Fee
3.1 We will endeavour to recover any Mis-sold policies charged by the Third Party plus any interest charged on any premium in exchange for a fee of 30% plus VAT on a no win no fee basis. This means that you will only pay fees if I am successful in obtaining compensation for you.
3.2 Where the claim is for more than one client, the liability for the fee remains joint and several which means that I can recover any fees from either or both persons.
3.3 Fee Examples:
30 | Example 1 | Example 2 | Example 3 |
Redress Recovered: | 1,000 | 3,000 | 10,000 |
Michael Levy Charge @ 30 rate: | £300.00 | £900.00 | £3000.00 |
VAT | £60.00 | £180.00 | £600.00 |
Net Compensation to Client: | £640.00 | £1920.00 | £6400.00 |
3.4 Payment of Michael Levy’s fee becomes due and payable within 14 days upon the client’s receipt of compensation.
3.5 If the Lender uses their right to offset any of the compensation to any arrears, then our fee will reflect on the amount received in cash to the client and not the full compensation amount.
4.General Obligations of the Client. The Client agrees with Michael Levy:
4.1 To supply all paperwork and or statements related to the Client’s claim and to provide promptly all such information as Michael Levy may from time to time reasonably request and to deal with all correspondence from Michael Levy within 14 days.
4.2 To ensure that all information sent to Michael Levy is true, accurate, not misleading and shall not contain any relevant omissions.
4.3 To authorise Michael Levy to act on the client’s behalf to contact the Third Party or such other persons, firms or companies as Michael Levy considers necessary to perform the Services and to authorise the release of any such information as Michael Levy deems appropriate.
4.4 Not to appoint any other company or other person, firm or company to provide the Services during the term of the Contract without the prior written consent of Michael Levy.
5.Termination/Cancellation of this Agreement
You have the right to cancel your contract within 14 days of signing the terms and conditions with no charge. This is called your cooling-off period. If you wish to terminate your agreement after this period, we reserve the right to invoice you for work carried out on your claim. The invoice will be itemised to demonstrate what you are being charged for and will be capped at £450. The 14 day cancellation period will commence when we receive these terms and conditions back. Any of the above methods for cancellation will be accepted.
Michael Levy shall have the right by giving written notice to the Client at any time to immediately terminate or cancel the Contract if:
5.1 There occurs any material breach by the Client of any term of Contract (in respect of any one or more claims) which is irremediable or, if remediable, is not remedied to Michael Levy’s satisfaction within 15 days of a written notice by Michael Levy specifying the breach and requiring it to be remedied; or
5.2 The Client is adjudicated bankrupt, enters into a voluntary arrangement with creditors or;
5.3 If Michael Levy advises that the Client’s claim is unlikely to succeed and if the Client has not breached their duties set out at section 4 above.
5.4 If the Client has breached their duties set out above;
5.5 Either party is entitled to cancel this agreement at any time by the following methods; Telephone, Email, Letter.
6.Confidentiality
6.1 Both parties agree to keep confidential the subject matter of the Contract 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.
6.2 Both parties agree that the provisions of Condition 6.1 shall not apply to information already in the public domain other than as a breach of Condition 6.1.
7.Privacy Policy and Data Protection
7.1 All personal data will be held in accordance with the Terms of Michael Levy’s privacy policy which can be found on Michael Levy’s website www.elitechambers.co.uk. All data is held in accordance with the provisions of the DPA.
7.2 Michael Levy agrees to comply with any written Data 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. Michael Levy charges an administration fee of £10 or the fee prevailing from time to time (providing always that this fee shall not exceed the maximum fee permitted under the DPA) for providing this information.
8.Notices, Severability, Variations, Complaints, Waiver
Michael Levy operates a complaints mechanism, which can be initiated by any means (letter, telephone, e-mail or in person), by giving full details of any complaint.
9.Law and Jurisdiction
The law applicable to this Contract shall be English Law and the parties consent to the jurisdiction of the English Courts in all matters affecting the Contract. Definitions used have the meaning given to them in these Terms and Conditions (the ‘Terms and Conditions’)
9.1 The parties agree that in the event of non-payment of fees by the Client resulting in litigation between the parties, legal costs shall be payable in keeping with the appropriate Court Guidelines.
I, the Client confirm that I have read the Terms and Conditions on this page and agree to be bound by them in signing and returning this Contract.