Fraud & Scams: Fees & Terms of Business
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This document (‘Terms of Business’) sets out the conditions for the appointment of X-Claims Ltd to act on the Client’s behalf to make a claim relating to fraud or scams.
ABOUT US:
X-Claims Ltd offers a claims management service specialising in fraud, scams, and many other financial services products. We examine the advice and service provided to you, assess if you were incorrectly advised, and pursue the claim on your behalf.
- Address: X-Claims Ltd P.O. Box 470, Tonbridge, TN9 9FG
- Admin Address: Oakley House, Fordcombe Road, Penshurst, Kent, TN11 8DP
- Phone: 0800-130-3663
- Company Registration No: 05804245
- Registered in England at the following address: Suite 3, 157 Station Road East, Oxted, RH8 0QE
- X-Claims Ltd is regulated by the Financial Conduct Authority in respect of regulated claims management activities under authorisation number FRN 829746
- Registered with the Information Commissioner’s Office under Registration Number: Z9555701
CLIENT’S RIGHTS:
- Client’s Right to Pursue Claim Independently: The client acknowledges that they have the option to pursue their claim independently, free of charge, without the use of a claims management company like X-Claims Ltd. It is possible for the client to present the claim directly to the firm or individual against whom they wish to complain, or to relevant authorities such as the Financial Ombudsman Service (FOS).
- Client’s Decision to Engage X-Claims Ltd: By engaging X-Claims Ltd, the client confirms that they have considered their options and chosen not to pursue the claim independently. The client acknowledges that their decision to engage our services is stated and confirmed in their Fee Agreement.
- Further Advice and Consideration: The client is entitled to seek further advice or shop around to consider the most appropriate service for their needs and circumstances. It is important to note that there may be specific time limits within which a claim must be made, and the client should take this into account when making their decision.
- Fee Agreement: The client understands that by engaging X-Claims Ltd, they will incur a fee if their claim is successful, and compensation is awarded. The specific fee structure and terms of business will be provided to the client along with the Fee Agreement.
OUR SERVICE:
- Relies on the information and documentation given by the client as being true, accurate, and complete.
- Pursue a claim at its discretion and inform a client if a claim is not to be pursued for whatever reason.
- Treat all client information as confidential other than where disclosure is made at the client’s request or in connection with the claim.
- Retain copyright for intellectual rights over all its own material (including methodologies, documents, and claims expertise).
- Before the client is asked to sign an Agreement with XCL, it will assess the viability of the claim and determine whether to proceed at its sole discretion. By agreeing to pursue a claim, XCL is making no statement about a claim’s likelihood of success.
Our Claims Process for Fraud / Scam Cases:
We will carry out an initial assessment based upon the information you provide to us and consider if the claim has basis and merit before pursuing this with the relevant firm or individual.
We will not make or pursue a claim, or advise you to make or pursue a claim, if we know or have reasonable grounds to suspect that the claim does not have a good arguable basis, is fraudulent, or is frivolous.
If you instruct us to pursue your claim, it is necessary that we contact the provider or bank involved with the scam or fraud investment on your behalf to obtain relevant information and documentation to investigate your case.
Once we have received all relevant information and documentation, we will review and carry out our investigation on your case. We will advise you in writing of our findings, suggested next steps, and proposed approach to your claim.
Typical approaches we may consider taking are as follows:
– If the bank has been found responsible for not protecting the consumer from fraud or scams or failing to make them aware of suspicious transactions, we will investigate and seek proof.
– We will then draft a letter of complaint to the bank or provider, arguing for the full amount fraudulently taken to be reimbursed by the bank or provider to the customer.
– If the customer is/was vulnerable in any way, we will inform the bank or provider, emphasising that under customer vulnerability guidelines, they should have been protected from fraudulent or scam activity.
We will chase responses and keep you promptly updated on material developments in your claim. We will keep you regularly updated by telephone, email, or post either fortnightly, monthly, or quarterly, depending on the type and status of your claim. We will also consult with you before taking any steps in relation to your claim.
If we are successful and an offer of compensation is made, we will assess this offer and benchmark it against any available and relevant industry guidelines in respect of compensation payments.
We will then provide you with an invoice for our services based on our success fee as per your signed agreed Fee Agreement: https://www.x-claims.com/our-fees/
Where your claim is rejected, we will assess the rejection and advise you of our assessment. If we feel this is the best course of action, we may recommend referring the claim to a statutory Ombudsman and making an appeal.
If the claim is successful after initially being rejected, we will then provide you with an invoice for our services based on our success fee.
If the claim is rejected and we believe it is the best course of action to accept the rejection, then the claim is unsuccessful, and you will not have to pay our fees.
PROCESS FOLLOWED BY X-CLAIMS LTD IS AS FOLLOWS:
- Receive Client Information: Gather detailed information from the client regarding the fraud or scam incident.
- Assess the Case: Evaluate the case based on the information provided by the client.
- Identify Relevant Legislation and Guidelines: Identify and reference applicable legislation and guidelines that the bank is obligated to adhere to, such as:
- Financial Services and Markets Act 2000 (FSMA).
- Payment Services Regulations 2017 (PSRs).
- Consumer Rights Act 2015.
- Contingent Reimbursement Model Code (CRM Code) for APP Scams (if applicable).
- FCA’s Principles for Businesses.
- Prepare Letter of Complaint:
- Draft a comprehensive letter of complaint to the bank or provider, clearly outlining: Details of the fraudulent activity reported by the client.
- Specific provisions of relevant legislation and guidelines that mandate the bank’s responsibility to protect consumers from fraud.
- Arguments asserting that the bank should reimburse the client for the fraudulent payments based on these obligations.
- Submit the Complaint:
- Send the letter of complaint to the appropriate department or contact at the bank, ensuring all necessary documentation and evidence are included.
- Follow-Up and Communication:
- Monitor responses from the bank and follow up as needed to ensure timely consideration of the complaint.
- Keep the client informed of progress and any requests for additional information from the bank.
- Advocate for Client’s Rights: Advocate strongly on behalf of the client, emphasising their rights under the relevant legislation and guidelines.
- Negotiate and Resolve: Engage in negotiations with the bank to achieve a resolution that provides full reimbursement to the client for the fraudulent payments.
- Closure, Invoice and Client Communication: Finalise the case upon successful resolution, ensuring all necessary payments and communications are completed to the client. We will then invoice you for the services we have provided as per your agreed Fee Agreement.
OTHER POINTS TO NOTE:
- XCL will not ask the client to enter any insurance schemes or loans associated with any claim.
- If there is a conflict of interest, XCL will inform the client at the earliest opportunity.
- XCL is a Claims Management Company under the regulatory jurisdiction of: The Financial Conduct Authority.
YOUR OBLIGATIONS:
We will provide you with relevant letters of authority and Subject Access Request forms and Fee Agreement to sign. These allow us to request relevant information to support your claim from any banks or providers that you used to pay for fraud or scam payments.
You must ensure that you always supply truthful, complete, and accurate information to us.
You must forward any correspondence which you receive regarding your claim to us, and you must provide us with all information and documents which are relevant to your claim. We may rely upon the responses and documentation you provide to assist us with our assessment of your claim and the best way to pursue it.
You must reply to any requests for further information and documents from us in a timely manner and with as much detail as possible.
You must confirm with X-Claims Ltd if you or at any point class yourself as a vulnerable client (see below).
You must promptly pay our fees upon receipt of your compensation.
CLIENT VULNERABILITY:
To acknowledge and assess the vulnerability of clients, we have implemented the following definition and characteristics in our terms of business:
- “Client Vulnerability: A vulnerable customer is defined as an individual who, due to their personal circumstances, is particularly susceptible to potential harm. Vulnerability can be identified through the presence of one or more of the following characteristics:
- Poor Health: Clients experiencing physical or mental health conditions that may impact their ability to make informed decisions or fully understand the implications of their choices.
- Negative Life Event: Clients who have recently undergone significant life changes, such as bereavement, divorce, job loss, or other circumstances that may impact their emotional well-being and financial stability.
- Low Financial Resilience: Clients who have limited financial resources, making them more vulnerable to financial hardship or difficulty in meeting their financial obligations.
- Low Capability: Clients who may have limited knowledge, understanding, or confidence in dealing with financial matters, potentially leading to a higher risk of making ill-informed decisions.
We are committed to treating all clients with fairness, empathy, and understanding. If you believe that you fall within the definition of a vulnerable customer based on the characteristics mentioned above, please inform us so that we can provide appropriate support and assistance throughout our business relationship.”
OUR FEES:
If you engage X-Claims Ltd, a success fee will be payable if you are awarded compensation. This is set out in the table below and is fully in accordance with Rules on fees laid down by the Financial Conduct Authority.
Band: | Redress awarded for a claim (£:) | Maximum percentage rate of charge: | Maximum total charge (£): | Current VAT at 20% applicable (£): | Total max fee for this example for each band: |
---|---|---|---|---|---|
1 | 1-1,499 | 15% | 420 | 84 | 504 |
2 | 1,500-9,999 | 15% | 2,500 | 500 | 3,000 |
3 | 10,000-24,999 | 15% | 5,000 | 1,000 | 6,000 |
4 | 25,000-49,999 | 15% | 7,500 | 1,500 | 9,000 |
5 | 50,000 or above | 15% | 10,000 | 2,000 | 12,000 |
For example, if you receive compensation/redress of the amounts in the table below you will be invoiced as indicated. Please note the positive impact of the fee cap for the higher amounts of compensation, which lowers the fee that would otherwise be payable.
The table above applies for each individual claim. The amounts shown in £’s is for illustrative purposes only and not meant as an estimate for the outcome of each claim. Each claim is related to a single policy number or a single piece of advice. (Where multiple policies or advice are the subject of a claim, each band applies to a specific policy, and a separate invoice would apply to the appropriate band rate).
The examples below have been set out to help you understand our fee structure by using examples, these are not estimates of the amount of compensation that may be awarded. They are illustrative only. Every case is different and your own compensation, if awarded, may be more or less than illustrated:
Band That Would Apply: | Example Compensation Amount: | X-Claims Fee Charged: | VAT Charged: | X-Claims Fee + VAT: | X-Claims Free + VAT (Total Payable by Client): |
---|---|---|---|---|---|
1 | £1000 | £150 | £30 | £180 | £180 |
2 | £5000 | £750 | £150 | £900 | £900 |
3 | £10,000 | £1,500 | £300 | £1,800 | £1,800 |
4 | £23,000 | £3,450 | £690 | £4,140 | £4,140 |
5 | £45,000 | £6,750 | £1,350 | £8,100 | £8,100 |
6 | £75,000 | £10,000 | £2,000 | £12,000 | £12,000 |
HOW WE CHARGE OUR SUCCESS FEE:
You should be aware that compensation means financial benefit, which you receive as a result of our service.
If an offer of compensation is made, we will assess this offer and provide you with a recommendation as to whether to accept it or not. Where your claim is rejected, we will assess the reasons behind the rejection and advise you on the merits of escalating the claim and, where appropriate, represent you in escalating your claim to the Financial Ombudsman Service.
If we recommend that you accept the offer of compensation, our success fee will become payable whether you decide to accept or reject the offer.
If we recommend that you reject the offer of compensation, and you agree with this, we will attempt to re-negotiate an alternative offer of compensation for you. Our success fee will then be payable should you receive an alternative offer which we recommend that you accept.
HOW OUR FEE IS PAID:
All compensation will be paid directly to the client. We will send you an invoice for our success fee when you have received compensation, and our invoice will become payable within 7 days.
If our success fee remains outstanding after 14 days of the date you received the compensation, or 14 days after receiving our invoice, we reserve the right to refer to third parties to pursue you for payment on our behalf. You should be aware that the debt recovery process may incur additional costs payable by you and charged as at the date of the referral.
RISKS:
Important Notice Regarding Outstanding Debts and Compensation Offset
It is important for you to be aware that if any of the following apply to you, whether in Great Britain or another jurisdiction:
- You have been declared bankrupt.
- You are subject to a bankruptcy petition.
- You are subject to an individual voluntary arrangement (IVA).
- You have proposed an individual voluntary arrangement (IVA) that is pending approval or rejection by creditors.
- You are subject to a debt relief order.
- You are subject to any other similar process or arrangement listed above, including temporary possession of your property until outstanding debts are settled or a court order is obeyed,
In such cases, any compensation awarded to you may be offset against your outstanding debts. Additionally, you will be required to pay our fees from funds that are not subject to any of the aforementioned processes or arrangements.
If you have outstanding liabilities with the respondent, it is possible that any compensation or redress you receive will be offset against those outstanding debts. As a result, you may still be liable to pay our service fees from your own funds.
If you have been subject to bankruptcy, a debt relief order, an IVA, sequestration, or a similar arrangement, any compensation or redress you receive may, under certain circumstances, be offset against your outstanding debts. Consequently, you may still be responsible for paying our service fees from your own funds.
CANCELLATION:
The Client has 14-days from agreeing to engage X-Claims Ltd, a so-called ‘cooling off’ period, to change their mind without any financial penalty.
X-Claims Ltd can terminate the X-Claims Fee Agreement at its discretion at any time and no fee will be payable if they think there are no grounds for a claim or is unlikely to succeed. The client can cancel their Agreement with us at any time and if the Agreement is cancelled within 14 days of signing the Fee Agreement, there will be no charge. If the Agreement is terminated by the client after 14 days and the company has submitted your claim, where an offer of compensation is subsequently made, the full fee as detailed in the Client Agreement, will become due.
If you agree to engage X-Claims Ltd, the client will incur a fee, if their policy or mis-sold product wins compensation. Our Terms of Business will be supplied with the Fee Agreement.
Please note that clients can pursue this claim on their own free of charge without the use of a claims management company.
If you have any queries on our fees or terms, please do not hesitate to contact us for any further explanation.
COMPLAINTS:
We strive to provide you with exceptional service and sincerely hope that you are fully satisfied. However, in the unlikely event that you have any concerns or wish to raise a complaint, we have established a straightforward procedure to address such matters promptly.
To file a complaint, you have the option to do so in writing, via email, or by telephone. Our contact details for complaints are as follows:
Complaints Department, X-Claims Ltd Po Box 470, Tonbridge Kent, TN9 9FG
Telephone: 0800 130 3663 Email: [email protected]
Upon receiving your complaint, X-Claims, as part of our commitment to excellent service, will thoroughly investigate the matter. We aim to provide you with a comprehensive response within eight weeks.
If, for any reason, you are dissatisfied with our resolution or we are unable to reach a satisfactory outcome, you have the option to seek independent assistance from the Financial Ombudsman. The Financial Ombudsman specialises in addressing complaints related to inadequate service from claims management companies.
The CMC Financial Ombudsman has the authority to investigate complaints up to six years from the date of the issue or within three years of your awareness of the problem. If you decide to escalate your complaint to the CMC Financial Ombudsman, please ensure that you do so within six months of receiving our final response.
For further information about the Financial Ombudsman and their contact details, please visit their website at https://www.financial-ombudsman.org.uk/. They will be able to provide you with the necessary guidance and support.
CLIENT CONFIDENTIALITY:
X-Claims Ltd is fully committed to adhering to the Data Protection Act 2018, ensuring the protection and privacy of your personal information.
As part of our legal obligations, there may be instances where we are required to share data with the Regulator, specifically the Financial Conduct Authority. This may become necessary in the future, and we will share information about you and your claim as and when required.
In cases where the client has been referred to another professional, we kindly request the client’s explicit permission for the other professional to share all relevant information, including invoicing, with XCL. This allows us to effectively manage and handle your claim in collaboration with the involved professionals.
Rest assured that we handle your personal data with the utmost care and confidentiality, ensuring compliance with relevant data protection regulations. If you have any concerns or questions regarding the handling of your data, please do not hesitate to reach out to us.
PRIVACY:
X-Claims Ltd places a high value on your privacy, and our comprehensive privacy policy is readily available on our website. However, if you require a copy of our privacy policy, please feel free to request it.
It is important to note that certain provisions of the General Data Protection Regulation (GDPR) may not apply in cases where the disclosure of personal data is mandated by law, court orders, or other legal obligations. This exemption allows us to disclose personal data when required by enactments, rules of law, or orders from courts or tribunals, even if it contradicts the GDPR provisions. This provision is outlined in Schedule 2, Part 1, paragraph 5 (2) of the Data Protection Act 2018.
Please be assured that X-Claims Ltd does not disclose any personal information to third parties unless it is directly associated with processing and managing your claim(s) on your behalf. We prioritise the confidentiality and security of your personal data.
The retention period for personal information held by X-Claims Ltd is determined by our Regulator and may be subject to change over time. Rest assured that we will comply with the prescribed retention period to ensure the proper management and storage of your personal information.
If you have any further inquiries or concerns regarding our privacy practices, we are more than happy to address them. Your privacy and data protection are of utmost importance to us.
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Opening Times
Monday – Friday: 8am – 8pm
Saturday – Sunday: Closed
Phone
0800 1303663
Email
[email protected]
Postal Address
PO Box 470, Tonbridge, Kent, TN9 9FG
Administration Address
Oakley House, Fordcombe Road, Penshurst, Kent, TN11 8DP
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