1. Definitions
1.1 In these terms and conditions the following words and phrases mean the following things.
"Claim(s)" means the client´s claim or claims against the institution / company / provider in relation to claim made in relation to Loan /Credit Card/ Mortgage/PPI/ Finance agreements.
"Institution" means the Financial Institution who issued the Loan /Credit Card/ Mortgage/PPI/ Finance agreements.
"Client" means the named policyholder/accountholder(s) as detailed in the letter of authority, who have instructed the Niche Client Services Ltd
"Client Appraisal" means the form completed based on information provided by you in relation to the Loan /Credit Card/ Mortgage/PPI/ Finance agreements.
Successful claim means that you receive some form of benefit or compensation payment
We/us/our means Niche Client Services Limited
Engagement
2.1 The Client agrees and confirms that by the signing of this document to be bound by these Business Terms and Conditions and confirm that they have received and agree to the pre contract details. The Client instructs Niche Client Services Limited to provide the service for such period as Niche Client Services Limited require and are reasonable to be able to complete the various claim(s) or Client Administration and audit process on the information provided. Niche Client Services will revert to the Client the outcome if applicable of the Client(s) Financial Agreement Audit. No change to the terms and conditions shall apply unless agreed and confirmed in writing by one of the Directors
2.2 The Client agrees by signing the Letter of Authority to give the company their full authority and consent to pursue the claim/ claims on Loan /Credit Card/ Mortgage / PPI/ Finance Agreements and to commence the Client(s) audit process and will deal promptly with all reasonable requests by the company for authority, information and documents and further instructions that the company may require. The Client will immediately advise Niche Client Services Limited of any matters that may affect the claim. Failure to comply with this term will give the company the right to terminate this agreement and the client will be liable to reimburse the company for any costs incurred up to the date of termination. The client understands that you could complain directly to the Company at no cost with the ability to take matters further with the Financial Ombudsman Service however they wish to pursue their complaint with Niche Client Services Limited.
2.3 The Client acknowledges and agrees that they will be liable to Niche Client Services Limited and agrees to indemnify Niche Client Services Limited against all actions, claims, costs, damages, demands, expenses, liabilities, losses and proceedings that Niche Client Services Limited directly or indirectly incurs or which are brought against Niche Client Services Limited if you have acted fraudulently, been negligent or breached your agreement with Niche Client Services Limited. For any action taken by your financial institution as a result of any claim made on your behalf Niche Client Services Limited will not be held responsible. Any debt or liability incurred by The Client under this agreement shall be solely the responsibility of The Client.
Fees
3. The Client agrees to the following fees: (1) a Compensation fee of 25% plus Vat of all compensation / funds/ successful Claim (you receive some form of benefit or compensation payment, either by settlement out of court or by an award ordered by the court or by agreement with the Company / Institution received).
If the fee is paid or received by the client Niche Client services shall invoice the client for the fee which is payable immediately. For any claims that are paid directly to Niche Client Services Limited, Niche Client Services Limited shall make payment to the client as soon as reasonably possible following the settlement of the claim and after Niche Client Services Limited has taken their fee.
Example 1 - If the lender refunds you £2000 and pays you this money directly, our fee would be £500 plus vat.
Please note that in some cases the refund may not be paid to you and instead the refund maybe used by the lender to reduce the amount that you owe them. Our fee of 25% plus vat is still payable and our percentage is based upon the total compensation you receive whether that is paid to you directly or used to reduce the debt. Please see the below examples:
Example 2 - If the lender refunds you £2000 of which £1000 was paid to you directly and £1000 was used to reduce the debt, our fee would be 25% plus vat of total compensation awarded, so our fee would be £500 plus vat.
Example 3 - If the lender refunds you £2000 and this was used by the lender to reduce the debt, our fee would be £500 plus vat.
Cancellation / Refund of Fees
4. The Client has a 14 days cooling off period from the date you received the documents from us to cancel your claim.
If you wish to cancel your claim in this period it should be in writing to Niche Client Services Limited-Suite 2-351 London Road-Hadleigh-Essex-SS7 2BT.
Referrals
5. This company complies with the requirements of the Solicitors referral code and as such we are obliged to inform you that we may receive a fixed referral fee for the supply to the solicitor of the questionnaire, agreements and other supporting documents and providing to them the details of this claim (the amount due to be received shall be notified to you in writing). The referral fee is not payable in any way by the client(s) and is not deducted from their compensation.
6. The Client acknowledges and agrees that Niche Client Services Limited has the exclusive right to deal with the claim/claim(s). If this Agreement is terminated by the Client for any reason after the 14 day cooling of period, the client irrevocably agrees to pay to Niche Client Services Limited a minimum service fee of £500 plus VAT
Timescales
7. Under the FSA complaint handling rules the lender has 8 weeks to investigate and provide a final written response to the complaint starting from the date the complaint is received by them. If no final written response is received within the 8 weeks due to lender delays or the case is subject to the Judicial Review your case may then be sent to the Financial Ombudsman Service for them to independently review your case. Cases sent to the Financial Ombudsman Service currently take approximately 6 months to be reviewed and for a final decision to be made.
Niche Client Services Limited
8. Will use all reasonable endeavors to obtain the maximum award of Compensation for all client claims. Niche Client Services Limited will not accept liability for unsuccessful Claims or the Compensation paid to the Client, we will immediately advise the Client if the Claim will not be pursued, and it shall be at Niche Client Services Limited discretion at any time to decide whether or not to proceed with the Claim. Niche Client Services Limited shall not be liable to you for any loss or damage (other than which cannot by law be excluded). Niche Client Services Limited having acted on your instruction or following receipt of any information from you or any services being unavailable though any cause beyond our reasonable control.
Data Protection
9. You have rights under the Data Protection Act 1998 to personal records held on our files.
Complaints
10. We aim to provide a highly professional service and have internal procedures for handling complaints fairly and should a complaint arise please contact our compliance officer. If not satisfied then the client may refer the complaint to the Claims Management Regulator, Monitoring & Compliance Unit, PO Box 7284, Burton on Trent, Staffordshire, DE14 9DP telephone:08454506858, Fax:08454506866, email info@claimsregulation.gov.uk. Please see our Complaints Procedure page attached.
I / we confirm acceptance of the agreement and the terms and conditions and wish to engage the services of Niche Client Services Limited from the date below.
Niche Client Services Ltd is regulated by the Ministry of Justice in respect of regulated claims management activities.
Our authorisation number is CRM 15038 and our registration is recorded on the Ministry of Justice website www.claimsregulation.gov.uk