If you need any clarification or do not understand any of the points in this document, please do contact us – we are here to help you.

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 mis-sold financial products.

ABOUT US:

X-Claims Ltd offers a claims management service specialising in mis-sold pensions and investments, pension transfers, SIPPS, unfair charges, maladministration, 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 Rd East, Oxted, TH8 0QE
• X-Claims Ltd is regulated by the Financial Conduct Authority in respect of regulated claims management activities under authorisation number FRN 829746
• Members of The Consumer Redress Association
• Registered with the Information Commissioner’s Office under Registration Number: Z9555701

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.

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:

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.

CLIENT’S RIGHTS:

1. 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), the Pension Ombudsman Service (POS), or the Financial Services Compensation Scheme (FSCS).
2. 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.
3. 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.
4. 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:

1. Relies on the information and documentation given by the client as being true, accurate and complete.
2. Pursue a claim at its discretion and inform a client if a claim is not to be pursued for whatever reason.
3. Treat all client information as confidential other than where disclosure is made at the client’s request or in connection with the claim.
4. Retain copyright for intellectual rights over all its own material (including methodologies, documents, and claims expertise).
5. 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.

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 firm or financial adviser/agent, any 3rd parties involved, previous pension or investment provider(s) and the existing pension or investment provider on your behalf to obtain relevant information and documentation to investigate your complaint.

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 we believe that you were wrongly advised and the firm or individual who provided the advice is currently authorised and regulated by the Financial Conduct Authority, we will submit a letter of complaint to the firm or individual. If we are dissatisfied with the response received to the complaint, we will refer the complaint to the Financial Ombudsman Service or the Pension Ombudsman Service.
• If the firm or individual that provided you with advice is no longer authorised by the Financial Conduct Authority and we believe that you were wrongly advised and have the evidence to support this, your claim may be eligible to be submitted to the Financial Services Compensation Scheme.

We will chase responses and keep you promptly updated on material developments on your claim. We will keep you regularly updated by telephone, email or post either fortnightly, monthly or quarterly, depending on the type and current 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, benchmark it against any available and relevant industry guidelines in respect of compensation payments (including guidelines published by the Financial Conduct Authority and/or the FOS (the Guidelines) and provide you with a recommendation as to whether to accept or reject the offer.

We will then provide you with an invoice for our services based on our success fee.

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:

1. Establish the correctly named firm responsible for the claim – checking dates of authorisation with the FCA, obtaining confirmation from the product provider.
2. Obtain information to take the case to the correct Regulatory entity if firm is no longer trading or in default.
3. Request a full copy of relevant compliance documentation.
4. Undertake a claim assessment comparing documentation with the Regulatory Rules in place at the time of the sale.
5. Undertake a forensic historic analysis of the viability of the claim.
6. Create the case file ready for the claim, checking accuracy of the information.
7. Make the claim to the correct entity including relevant letter of authority.
8. Contacting client with any request for further information, including any questionnaire to ensure accuracy of completion.
9. Manage the ongoing claims process while reporting progress to the client.
10. Deal with acceptance or rejection of the claim.
11. Agree the method of loss redress where applicable/ offered.
12. When redress is offered, assess if consistent with Regulatory requirements and compare with similar cases on file.
13. Check the actual loss, as and when offered is correct, including any ex-gratia payment and interest payment. Put case for ex-gratia payment if applicable.
14. Check any tax deduction is correct.
15. Deal with the Financial Ombudsman Service if applicable.
16. Manage the process including payment to the client.
17. General note: Ensure client is put to the minimum time involvement with the claim
18. Deal with a vulnerable client in an appropriate manner as set out by the Financial Services Regulator

OTHER POINTS TO NOTE:

• XCL will not ask the client to enter any insurance schemes or loans associated with any claim.
• XCL is under the regulatory jurisdiction of: The Financial Conduct Authority.
• If there is a conflict of interest, XCL will inform the client at the earliest opportunity.

YOUR OBLIGATIONS:

We will provide you with relevant letters of authority and Subject Access Request forms to sign. These allow us to request relevant information to support your claim from the firm or financial adviser/agent, pension providers, investment providers where you have had dealings with previously.

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 definitions and characteristics in our terms of business:

1. 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:
2. 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.
3. 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.
4. Low Financial Resilience: Clients who have limited financial resources, making them more vulnerable to financial hardship or difficulty in meeting their financial obligations.
5. 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.

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.

PENSION COMPENSATION:

If your case is a pension – please be aware that the compensation can be provided in the form of an enhanced pension, or a cash settlement and you will be offered a choice at that time. If you choose to receive the compensation by enhancement to your pension, our fees will become payable from your own resources.

If you have any concerns or require further clarification regarding outstanding debts and the potential offset of compensation, please do not hesitate to contact us.

CANCELLATION:

The Client has 14-days from agreeing to engage X-Claimed 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.

I understand that, by engaging X-Claims Ltd, I will incur a fee if my policy wins compensation. I agree to the Terms of Business supplied and agree that my personal data can be used in the process of making claims for financial product mis-sales or maladministration.

I confirm that I am not classified as a vulnerable client under the Consumer Duty of the Financial Conduct Authority (FCA). I understand that it is my responsibility to inform X-Claims Ltd promptly if my circumstances change and I become classified as a vulnerable client during the course of our business relationship.

Get In Touch

Have a question or just want to get in touch? Give us a call or fill in our contact form. Would you like to speak to one of our specialists over the phone? Just submit your details and we’ll be in touch shortly. You can also email us if you would prefer.