fbpx

We’re here to get your retirement back on track.

TERMS AND CONDITIONS

 

  1. Introduction
    1. United Claims Management Ltd is a limited liability company registered in England and Wales with company number 8632359 whose registered office is at Birch Lea, Hollow Meadows, Sheffield S6 6GH. 
    2. The expressions “UCM,” “we”, “us”, “our”, and “this company” mean or refer to United Claims Management Ltd.  The expressions “you” and “your” refer to our client.
    3. UCM is regulated by the Financial Conduct Authority (FRN 833645). UCM provides a claims service for mis-sold financial services products including pension transfers, investments, SIPPs, FSAVCs opt out and non- joiners.
    4. These terms and conditions of business (“Conditions”) apply to the services provided by us. The additional terms and conditions set out in our pre-contract and fact-find documentation (“Pre-Contract Information”), which may accompany these Conditions, will also apply to you. These Conditions, together with the Pre-Contract Information (where applicable) are referred to as the “Agreement”.
      1. A reference in these Conditions to a “term” is to a term of these Conditions unless the context otherwise requires. 
      2. If there is any inconsistency between the Conditions and the Pre-Contract Information, these Conditions will take precedence.
      3. All services provided and/or contracts or other obligations entered into by or in relation to this company by directors, employees, consultants or agents of UCM are made or given by UCM and not by any individual personally.
        1. If our client consists of more than one person or entity, their liability is joint and several. Each joint client permits us irrevocably to disclose to any other joint client any information which we would otherwise be prevented from disclosing under our duty of confidentiality. If a conflict of interest arises between joint clients, we may terminate or suspend the provision of any or all services wholly or partly to any joint client. 
  2. Our services
    1. Once we have received signed Conditions and completed and signed Pre-Contract Information from you, we will carry out an initial assessment based upon the information provided by you and advise you as to whether, in our opinion, it is in your best interests to pursue a claim. We will also assess alternative routes for redress, such as contacting the Financial Ombudsman Service (“FOS”), the Financial Services Compensation Scheme (“FSCS”), the Pensions Ombudsman or a solicitor.
    2. If you instruct us to pursue your claim, we will provide you with a blank letter of authority for your signature, which will provide your consent to us contacting various third parties on your behalf in relation to your claim, for example, we may contact: your financial adviser; your previous pension provider; your new pension provider; and your new employer’s pension scheme, as applicable.  You must sign and return this to us promptly.
    3. Once instructed, we will carry out a full assessment of the viability of your claim by asking you to provide us with relevant documentation. The documentation likely to be needed to pursue your claim is the written pension transfer advice and documents relating to the performance of your previous and current pension or an equivalent narrative.
    4. You should inform us without delay of any changes which affect any information provided to us by you. We will not be responsible for errors or delays in our work or advice caused by inaccuracy or incompleteness in the information supplied to us, or by such information being out of date.
    5. Once we have been provided with the relevant information, we will advise you in writing of our findings, suggested next steps and proposed approach to your claim. We will keep you informed of the progress of your claim at all times and will consult you before taking steps in relation to your claim.
    6. The scope of our instruction does not extend to progressing any matter to civil court proceedings, although that is an option that you are entitled to pursue.
  3. Charges and expenses 
    1. If we do not secure an offer of compensation on your behalf, you will not have to pay a fee to us, except where term 4.6 applies.
    2. If an offer of compensation is made, we will assess the offer against published industry guidelines and provide you with our recommendation as to whether you accept or reject that offer based on whether we determine that offer to be reasonable. Notwithstanding our determination as to the reasonableness of an offer (which will be final), it will be a matter for you as to whether you decide to accept or reject any offer of compensation.
    3. The success fee due to us is 18% (inclusive of VAT) of the award of compensation offered to you (the “Success Fees based on the gross amount of compensation. In the event that compensation is received in a form attributed to your pension fund you will be liable to pay our success fees.
    4. If we are successful in securing an offer of compensation (which we determine to be reasonable in accordance with term 3.2) on your behalf and: 
      1. we recommend you accept that offer and you elect to accept the offer, then the Success Fee becomes immediately due to us; or
      2. we recommend you accept that offer and you elect to reject the offer, then the Success Fee becomes immediately due to us; or
      3. we recommend you reject the offer and you decide to accept the offer, then the Success Fee becomes immediately due to us.
    5. If we receive an offer which (in accordance with term 3.2) we consider is not reasonable, and we recommend that you reject it, and you reject the offer, we will attempt to re-negotiate the offer and the Success Fee will become immediately due to us upon receipt of an alternative offer that we consider to be reasonable (in accordance term 3.2).
    6. Illustrative examples of the calculation of the Success Fee are:
      1. You receive an offer of compensation of £20,000 in cash. We recommend that you reject the offer but you decide to accept it. The Success Fee would be £3,600, with the sum of £16,400 due to you;
      2. You receive an offer of a contribution to your pension scheme of £30,000. We recommend that you accept the offer and you decide to accept it. You receive a contribution of £30,000 to your pension scheme (which you are entitled to) and you owe us the Success Fee of £5,400;
      3. You receive an offer of compensation of £50,000 in cash. We recommend that you accept the offer and you elect to reject it. You will not receive any payment and we will be owed a Success Fee of £9,000.
    7. In the event that compensation is paid into our client account you authorise us to deduct our Success Fee prior to onward transmission of the net compensation to you.
  4. Right to cancel
      1. If you decide that you do not want to proceed with the Agreement you can cancel the contract by notifying us in writing at any time.
      2. You have the right under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the “2013 Regulations”) to cancel your agreement with us within 14 days without giving any reason.
      3. Full details of your right to cancellation are set out in the enclosed instructions on cancellation and model cancellation notice.  Please read the enclosed instructions carefully and let us know if you have any queries.
      4. Note, in particular, paragraph 2 of the attached instructions. The Regulations do not permit us to commence work for you before the end of the 14-days cancellation period (the “Cancellation Period”) unless you tell us you want us to commence work in writing.
      5. Accordingly, if you wish us to commence work before end of the cancellation period, it is important that you let us know in writing.
      6. If this agreement is cancelled either by you (in accordance with term 4.1) or by us (in accordance with term 13.2) after we have commenced work (either after the Cancellation Period or before the Cancellation Period where you have told us you want us to commence work) but before an offer has been made, we will charge you cancellation Fee of £50.00 per hour inclusive of VAT
  5. Invoices and payments
    1. Our invoices are payable upon delivery. 
    2. We may charge interest on invoices at the rate applicable to judgment debts on unpaid invoices from one month after the date of delivery of our invoice.
  6. Client account
    1. We are required to keep all monies received on behalf of clients in bank or building society accounts which are used solely for holding client money and/or controlled trust money.
    2. We do not accept responsibility to you for any failure of or by any financial institution with whom we hold money belonging to you to perform any of its obligations with respect to the accounts in which we may from time to time hold clients’ money.
    3. Where any award of compensation made to you is paid direct into our client account, we will pay to you the remainder of your compensation as soon as reasonably practicable after the deduction of the Success Fee. 
  7. Storage of papers and documents
    1. We will keep your file of papers in storage for not less than 6 years.  If we retain your file of papers after that time, we have the right to destroy them after such period as we consider reasonable. We will not destroy any important documents that we agree in writing to hold in safe custody for you.
  8. Your feedback and complaints
    1. We are committed to providing the highest possible levels of service and we welcome your feedback in relation to the service we provide. Nevertheless, we recognise that things can sometimes go wrong
    2. Should any matter arise which causes you concern, please raise the matter with us as soon as possible and we will endeavour to resolve any concerns quickly.  
    3. If you remain unsatisfied, we have a formal complaints procedure to ensure any complaints are resolved quickly and fairly.  The complaints procedure is available on request.
    4. If you have a complaint which we are unable to resolve, you may refer the matter to the Legal Ombudsman at PO Box 6804, Wolverhampton, WV1 9WG.  For further information you should contact the Legal Ombudsman on 0300 555 0333 or by email at cmc@legalombudsman.org.uk.
  9. Communications and data protection
      1. We process your personal information (including sensitive personal data) in accordance with the Data Protection Act 2018 and the EU General Data Protection Regulation (GDPR) 2016/679 (the “Data Protection Legislation”) to allow us to administer your account with us and to provide the services you have requested from us.
      2. We are registered as a data controller under the Data Protection Legislation with the Information Commissioner’s Office under registration number ZA016402. We will, in accordance with data protection legislation, follow strict security procedures in the storage and disclosure of your data.
      3. We will process any personal data we receive under this Agreement in accordance with our privacy policy, which is available on our website at https://www.unitedclaims.co.uk/privacy-policy/.
  10. Quality standards and regulation
    1. We may from time to time become subject to audits by outside assessors.  This could mean that your file is selected for checking. We will assume, unless you tell us otherwise in writing, that we have your consent to such checks being made.  If you would prefer to withhold consent, work on your file will not be affected in any way.
  11. Our liability to you and others
    1. You are our client and our advice is to you alone and solely in respect of the matter under which the relevant advice is given. Third parties may not rely on our advice unless we specifically agree in writing that they may do so.
    2. We accept no liability to any third party to whom you provide our advice or who relies on that advice. If any third party brings a claim against us in relation to any of our advice which you have provided to them (directly or indirectly) or instructed us to provide to them, then you agree to indemnify us in relation to such claim.  The extent of our liability to you will be limited to the amount specified the amount of our professional indemnity insurance limit at the time any claim is notified to us. performance of the terms of this Agreement or of any of its rights or remedies in respect of any default under the terms of this Agreement.
    3. Nothing in the Agreement will restrict or exclude our liability to you for death or personal injury resulting from our negligence or where our liability may not be so limited under any applicable law or regulation (for example, if there is any fraud on our part).
    4. UCM alone will provide the services to you.  You agree that you will not bring any claim, whether in contract, tort, negligence, or for breach of statutory duty or otherwise against any director of, consultant to, or employee or agent of UCM.
  12. Professional indemnity cover
    1. We have professional indemnity insurance cover. Details of our insurers can be provided on request.
  13. Termination
    1. Subject to any rights you may have under the 2013 Regulations, if at any time you wish us to cease work or to cease incurring charges on your behalf, you must tell us this clearly in writing.
    2. We may suspend our services, or refuse to act or cease acting if: 
      1. you persistently fail to pay an invoice in accordance with the Agreement; or
      2. you persistently fail to provide us with instructions in relation to a matter; or
      3. your instructions require us to act in a manner that is unlawful and/or may contravene applicable legislative or regulatory requirements and/or may otherwise give rise to unacceptable professional risk to us; or
      4. the relationship between UCM and you has irretrievably broken down; or 
      5. at any other time we believe it is appropriate for us to do so.
      6. If we decide to stop acting for you we will tell you the reason and give you notice in writing.
      7. Subject to any rights you may have under the 2013 Regulations, if the Agreement is terminated, you will remain liable for all unbilled work.
  14. Force majeure
    1. Neither you nor we will be liable for any delay or failure of our respective obligations as a result of causes beyond our control.  This will include but will not be limited to fire, flood, acts of God, acts and regulations of any governmental or supranational authority, war, riots, acts of terrorism, epidemic, pandemic, strikes, lockouts, failures by third party utility providers (including internet or third party server failure), and industrial disputes.
  15. Third party rights
    1. No person or entity who is not a party to the Agreement will have any rights under the Contracts (Rights of Third Parties) Act 1999 or otherwise to enforce any rights under it.
  16. Assignment
    1. We may assign our rights and responsibilities under this contract to any other entity provided that it agrees to provide the same service to you in accordance with this contract. We will inform you in writing if we intend to make such an assignment. 
    2. You may not assign your rights under this contract to any other person.
  17. Entire agreement
      1. The Agreement constitutes the entire agreement between you and us and supersedes any previous agreement or understanding between us. No amendment or variation to the Agreement will be effective unless it is made in writing and signed by us.
  18. Severability
    1. If any term of the Agreement is found by any court of competent jurisdiction to be invalid, illegal, or otherwise unenforceable:
      1. that will not affect any other term of the Agreement; and
      2. we may substitute effective provisions in a form as similar to the ineffective provisions as is possible without thereby rendering them illegal, invalid or unenforceable.
  19. Non-Waiver
    1. Any failure by UCM to insist upon the strict performance of any term of this Agreement, or any failure or delay by UCM to exercise its rights or remedies (whether under this Agreement or at law) shall not be or be deemed to be a waiver of any right which UCM may have to insist upon the strict performance of the terms of this Agreement or of any of its rights or remedies in respect of any default under the terms of this Agreement.
  20. Law and jurisdiction

 

The Agreement is deemed to have been negotiated and made in England and is in all respects governed by English Law. The English Courts shall have exclusive jurisdiction over any dispute between us and you.