X-Claims – Terms of Business
If you need any clarification or do not understand any of the points in this document please do contact us – we are there 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 Pensions.
- X-Claims (XCL) means X-Claims Ltd registered in England No: 05804245 at: Roxburghe House, 273-287 Regent Street, London W1B 2HA. XCL is a claims management company. XCL offers no financial advice and is not authorised to give financial advice;
- “Client” means the policyholder – or product or service purchaser – whose details are shown in the Letter of Authority and who has appointed XCL to provide the services described in the Fee Agreement;
- “Claim” means the Client’s appeal against the mis-selling of a financial policy or product in relation to the Company – or of any complaint of any nature deemed to be appropriate by either XCL or Client;
- “Company” means the claim product provider (bank, building society, insurance company, financial adviser or any other entity or being who sold the policy/product/service, including any director, employee, representative or any associate of the same);
- Fee means the fee of 25% +VAT (or whatever has been agreed with the client and signed in a ‘Fee Agreement’). Example: If you are awarded compensation of £100.00, we will receive the sum of £25.00 plus VAT.
- X-Claims will:
- Not accept money on behalf of the Client;
- Endeavour to obtain reasonable compensation for the client;
- Rely on the information and documentation given by the client as being true, accurate and complete;
- Pursue a claim at its discretion;
- 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;
- Notify XCL of any change of address within five working days of making such a change;
- Retain copyright for intellectual rights over all its own material (including methodologies, documents and claims expertise).
- Charge, in instances where the client is required to settle an invoice, at an annual rate of 2 per cent above Bank of England base rate for every day payment is overdue, and if the company incur any legal costs associated with obtaining an overdue payment, the client agrees to meet those legal costs.
- The Client will:
- Give XCL exclusive rights to deal with the Claim – unless otherwise agreed in writing by the Client and XCL;
- Inform XCL of any matters pertaining to the claim, not just at time of inception – and during the claim itself.
- Hereby understand that he can pursue a claim on his own behalf, using his own resources. Moreover, the Client understands that by engaging XCL he will incur a fee. The Client will also consider other claims management options which might be cheaper than engaging XCL. You have the legal right to shop around, subject to your claim being subject to legal time limits for making a claim. You have the legal right to pursue your claim yourself through the Financial Ombudsman Service without a Claims Management Company.
- Give XCL the exclusive right to deal with the claim. If the claim is pursued elsewhere simultaneously, then XCL will charge the Client for any work done (as detailed in the Fee Agreement);
- Pay XCL a fee for work done hitherto if he terminates the claim mid-stream as detailed in the fee agreement. The client can withdraw from the agreement at any time, however if an offer of compensation has been made, XCL will be entitled to its full fee agreed in the fee agreement, and if the withdrawal is before an offer is made, XCL is entitled to charge costs that are reasonable and proportionate to the work carried out to the date.
- Other Points:
- XCL’s fee structure is set out in a separate Fee Agreement;
- XCL will not ask you to enter into any insurance schemes or loans associated with any claim.
- Procedures for using XCL: Before you are asked to sign an agreement with XCL, we will assess the viability of your claim and determine whether to proceed at our sole discretion. By agreeing to pursue a claim, XCL is making no statement about a claim’s likelihood of success. You then complete the agreement and return the claims paperwork that will be sent to you. XCL will then write to the product provider against whom you are lodging a claim, and thereafter deal with your claim until either a claim is concluded, or you decide to take the claim to the Ombudsman.
XCL is under the regulatory jurisdiction of: The Claims Management Regulator.
It is the intention of XCL always to provide the highest level of service. However, if you believe you have cause to complain, you can make a complaint in writing. Complaints should be directed to: The Compliance Manager, X-Claims Ltd, P.O. Box 470, Tonbridge TN9 9FG. If at any point you become unhappy with the service we provide to you or you have concerns about your bill then you should inform us immediately so that we can do our best to resolve the problem for you. We have a procedure in place which details how we handle complaints which is attached at the end of this document. We have eight weeks to consider your complaint.
If we are unable to resolve your complaint then you can have the complaint independently looked at by the Legal Ombudsman. The Legal Ombudsman investigates complaints about poor service from claims management companies.
The Legal Ombudsman can investigate complaints up to six years from the date of the problem happening or within three years of when you found out about the problem. If you wish to refer your complaint to the Legal Ombudsman this must be done within six months of our final response to your complaint. If you would like more information about the Legal Ombudsman their contact details are as follows: Visit www.legalombudsman.org.uk/cmc.Call 0300 555 0333 between 8.30am to 5.30pm. Calls to 03 numbers will cost no more than calls to national geographic numbers (starting 01 or 02) from both mobiles and landlines. Calls are recorded and may be used for training and monitoring purposes.
- XCL reserves the right to pay fees to introducers as part of its marketing budget, and if this is the case, we will inform you in writing before you sign any agreement.
- The Client has 14-days from agreeing to engage X-Claims, a so-called ‘cooling off’ period, to change his mind without any financial penalty. The date of the Fee Agreement will count as the commencement of this period. If you wish to cancel, please use the form at the end of this document.
- If there is a conflict of interest, XCL will inform the Client at the earliest opportunity;
- While XCL will adhere to the charging structure no win no fee agreed, if you do not possess all the information required, you may need to apply for information from a pension provider or employer and they may charge a small fee for “subject to access” information. This fee is normally £10.00. The NHS may charge a fee for information which is set out on their web site and is circa £30.
4.8 The type of compensation awarded for a mis-sold pension can vary between product provider and type scheme. Compensation is designed to put the client in the financial position he would have been in, had the advice been correct. This compensation is paid in the form of a cash settlement plus interest or a top up to an existing pension.
- Client Confidentiality:
XCL complies with the Data Protection Act 1998;
XCL will pass on information about you and your claim as requited to do by the Claims Management Regulator. Where the client has been referred to a Lawyer or other professional, the client gives express permission for the Lawyer/other professional to share all information (including invoicing) with X-Claims Ltd.
This Terms of Business document provides important information about the business relationship between X-Claims Ltd and its Clients. If you have any questions or require any clarification, please contact X-Claims Ltd BEFORE signing the Fee Agreement.