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 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 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);
- “Compensation” means any award for a mis-sold pension which 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 (if applicable) or a top up to an existing pension.
- Fee means the fee of 22.5%+VAT (at the current prevailing rate which is 20%), which is 27% including VAT. Where a client has been personally introduced or recommended to us, a discounted fee may apply which will be confirmed in writing.
20% +VAT which is 24% in total of any compensation and/or refund of contributions offered in respect of the above advice associated with the policy arranged. (Examples: if you receive compensation of £1,000.00, our fee would be £200.00 plus VAT £40.00 = £240.00. if you receive compensation of £3,000.00, our fee would be £600.00 plus VAT £120.00 = £720.00. if you receive compensation of £10,000.00, our fee would be £2000.00 plus VAT £400.00 = £2400.00.
- 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).
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.
Process followed by XCL is as follows:
Establish the correctly named firm responsible for the claim – checking dates of authorisation with the FCA, obtaining confirmation from product provider.
- Obtain information in order to take the case to the correct Regulatory entity, if firm is no longer trading or in default.
- Request full copy of relevant compliance documentation.
- Undertake a claim assessment comparing documentation with the Regulatory Rules in place at the time of the sale.
- Undertake a forensic historic analysis of the viability of the claim.
- Create the case file ready for the claim, checking accuracy of the information.
- Make the claim to the correct entity including relevant letter of authority.
- Contacting client with any request for further information, including any questionnaire to ensure accuracy of completion.
- Manage the on-going claims process while reporting progress to the client.
- Deal with acceptance or rejection of the claim.
- Agree the method of loss redress where applicable/ offered.
- When redress is offered, assess if consistent with Regulatory requirements and compare with similar cases on file.
- 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.
- Check any tax deduction is correct.
- Deal with the Financial Ombudsman Service if applicable.
- Manage the process including payment to the client.
- General note: Ensure client is put to the minimum time involvement with the claim
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 a client can pursue a claim on his own behalf, using their own resources. Moreover, the Client understands that by engaging XCL they 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 or the Financial Services Compensation Service (FSCS) without a Claims Management Company.
Give XCL the exclusive right to deal with the claim. If the claim is pursued elsewhere simultaneously, XCL will charge the Client for any work done.
- Other Points to note:
XCL will not ask you to enter into any insurance schemes or loans associated with any claim.
XCL is under the regulatory jurisdiction of: The Financial Conduct Authority.
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.
If there is a conflict of interest, XCL will inform the Client at the earliest opportunity.
The Client has 14-days from agreeing to engage XCL, a so-called ‘cooling off’ period, to change their mind without any financial penalty. For the avoidance of doubt, our fee will become payable when a claim is upheld and/or a calculation of loss instructed resulting in an award of compensation. In cases where the FSCS are involved, the fee becomes payable when the FSCS accepts the case for processing, culminating in a loss calculation.
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 invoice 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 you can have the complaint independently looked at by the Financial Ombudsman. The Financial Ombudsman investigates complaints about poor service from claims management companies.
The Financial 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 Financial Ombudsman this must be done within six months of our final response to your complaint. If you would like more information about the Financial Ombudsman their contact details are as follows: Visit https://www.financial-ombudsman.org.uk/
XCL complies with the Data Protection Act 2018.
XCL has a legal obligation to share data with the Regulator and we may need to do so at some point in the future, and so will pass on information about you and your claim as and when required to the Financial Conduct Authority. Where the client has been referred to another professional, the client gives express permission for the other professional to share all information (including invoicing) with XCL.
I understand that, by engaging X-Claims, 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.