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-selling financial products or advice.
- 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 which is 27% in total of any compensation and/or refund of contributions offered in respect of the above advice associated with the policy arranged.
22.5 % +VAT which is 27% in total of any compensation and/or refund of contributions offered in respect of the above advice associated with the policy arranged. Example: if you receive compensation of £1,000.00, our fee would be £225.00 plus VAT £45.00 = £270.00. if you receive compensation of £3,000.00, our fee would be £675.00 plus VAT £135.00 = £810.00. if you receive compensation of £10,000.00, our fee would be £2250.00 plus VAT £450.00 = £2700.00
- X-Claims will:
Not accept money on behalf of the Client. Any compensation will be paid directly to the client.
Endeavour to obtain reasonable cash settlement for compensation for the client. For pensions, it is possible that the firms fee may become payable before the client has access to their pension. In these circumstances they are still required to pay the XCL fee from their own funds.
Rely 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.
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.
- Other Points to note:
XCL will not ask the client to enter into 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.
X-Claims Ltd can terminate this 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 at any time and if the Agreement is cancelled within 14 days of signing the document, 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.
The client does not need to use a claims management company to make their complaint. They can do this themselves for free and if the complaint is not successful, they may refer it to the Financial Ombudsman Service. They acknowledge that they could pursue this claim on their own free of charge, but do not wish to do so and the reason is confirmed in their Fee Agreement
If the client has outstanding liabilities with the respondent there is a possibility that any compensation/redress will be offset against those outstanding liabilities and the client may still be liable to pay the Firm’s service fees from their own funds.
If the client, whether in Great Britain or in another jurisdiction have been subject to bankruptcy, a debt relief order, an IVA, sequestration, or a similar arrangement the compensation/redress may, in certain circumstances be offset against the client’s outstanding debts; and the client will, where necessary, may still be liable to pay the Firm’s service fees from own funds.
It is the intention of XCL always to provide the highest level of service. However, if the client believes they have cause to complain, they can make a complaint in writing, by email or telephone.
Complaints should be directed to: The Compliance Manager, X-Claims Ltd, P.O. Box 470, Tonbridge TN9 9FG. XCL has a procedure in place which details how they handle complaints which is available on their web site. XCL has eight weeks to consider a complaint.
If XCL is unable to resolve a complaint the client 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 the client found out about the problem. If they wish to refer their complaint to the Financial Ombudsman, this must be done within six months of XCL final response to their complaint. 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.