Payday Loan Claims

Terms and Conditions

CHARTERHOUSE CLAIMS LIMITED PRE-CONTRACT INFORMATION AND TERMS AND CONDITIONS OF CONTRACT

THIS DOCUMENT CONTAINS IMPORTANT INFORMATION.

YOU SHOULD READ IT THOROUGHLY BEFORE SIGNING AND YOU SHOULD ONLY SIGN IT IF YOU HAVE READ AND AGREE TO ITS CONTENTS.

 

  1. Our Service

1.1. We are Charterhouse Claims Limited (trading as Charterhouse Claims) registered in England and Wales with registered number 07300271, Registered Office Address: Unit 64 Capital Business Centre, 22 Carlton Road, South Croydon, CR2 0BS. Charterhouse Claims Limited is authorised and regulated by the Financial Conduct Authority (FCA) for regulated claims management services. Our temporary permission – firm reference number is: 832999. You can check this on Financial Services Register at   https://register.fca.org.uk.

1.2. Charterhouse Claims Limited provide a Mis-sold Loans claims services.

1.2.1. Once we have received your completed paperwork we will investigate your claim by obtaining copies of all relevant documentation from your Loan Provider.

1.2.2 When you sign up with Charter House Claims and sign the Letter Of Authority, we will look at your credit file at credit-reference agencies ("CRAs") such as TransUnion, Equifax or Experian. The CRAs will give us credit information about you including information from the electoral register. This credit search is used to check your identity and ensure your claim can be substantiated. We do not use this information to credit score you. The CRAs will add details of our searches and your application to the record which they hold about you.

The identities of the CRAs, their role also as fraud prevention agencies, the data they hold, the ways in which they use and share personal information, data retention periods and your data protection rights with the CRAs are explained in more detail below. This information is also accessible from each of the three main CRAs – clicking on any of these three links will also take you to the same document:

TransUnion

Equifax

Experian

1.2.3. Once we receive the paperwork from your Loan Provider this will be reviewed to see whether the loan provided was suitable given your needs and circumstances at the point of sale.

1.2.4. If we think your Loan was mis-sold we will submit a claim to the Loan Provider who provided this. They have 8 weeks in which to respond to this. (In exceptional circumstances it may take longer than this.)

1.2.5. If your claim is rejected by your Loan Provider we may submit it to the Financial Ombudsman Service (“FOS”) for consideration. We will ask you before we do this.

1.2.6. If your claim is successful and you receive a reasonable offer of compensation we will charge you our Success Fee as shown in clause 3.1 of this agreement.

1.2.7. If you decline a reasonable offer of compensation which we advise you to accept and which is consistent with the Financial Conduct Authority (“FCA”), and FOS guidelines, our service under this agreement will be complete and we will charge you our Success Fee as shown in clause 3.1 of this agreement.

 

  1. Your obligations

2.1. You appoint Us as your agent so that we can liaise with your Creditors.

2.2. You must ensure that you always supply truthful and accurate information.

2.3. You must forward promptly any correspondence which you receive regarding your claim to Us.

2.4. You must promptly reply to any request for further information and documents we make.

2.5. You must provide all documents, including in electronic form, in your possession that are relevant to the claim and which give evidence of a fact in the claim.

2.6. You must pay our fees within 10 working days of receipt of redress. You should consider how you will pay our fee if compensation is awarded to you in the form of a reduction in an outstanding balance or arrears, or if you decide to decline a reasonable offer of compensation which we recommend that you accept.

2.7. You ask us to commence work in providing our service to you during the cancellation period set out in clause 4.

2.8. All answers or statements given by you are your responsibility.

 

  1. Our Fees

3.1. We will charge you either (i) a Success Fee of 35% + VAT of any compensation which you receive or if you decline a reasonable offer of compensation which we recommend that you accept and which is consistent with the FCA and FOS guidelines, we will charge you (ii) a Success Fee equal to 35% + VAT of the compensation which was offered to you and which we recommended that you accept. For example:

3.1.1. If you receive £1,000 in compensation we will charge you £350 + VAT leaving you with £580.

3.1.2. If you receive £3,000 in compensation we will charge you £1050 + VAT leaving you with £1,740.

3.1.3. If you receive £10,000 in compensation we will charge you £3500 + VAT leaving you with £5,800.

3.2. You should be aware that compensation means benefit which you receive as a result of our service, there may be situations where the compensation is credited to your loan balance and you will still have to pay our fee.

3.3. If you wish to request a copy of the information we hold pertaining to you, you may do so by phone, in writing or by email. This information will normally be provided to you in a timely fashion and at no cost, however we may charge a reasonable fee where a request is manifestly unfounded or excessive, particularly if a request is repetitive.

3.4. If you fail to pay our fees within 10 days of receipt of redress we may charge a late payment fee of £50.

3.5. You may be responsible (subject to a courts discretion) for all costs and expenses incurred by the Company as a result of non-payment of fees, including but not limited to, Court fees, Late Payment Charges and Interest.

3.6. All sums due from the Client which are not paid on the due date (without prejudice to the rights of the Company under the Contract) shall bear interest from day to day at the rate of 8% per annum above the Bank of England base rate.

 

  1. Cancellation

4.1. You have the right to terminate the Contract at any time by contacting the Company by any reasonable means, including by phone, email, in writing or using a copy of our Cancellation notice which can be found at www.charterhouseclaims.com, you may request this notice if you do not have access to the internet.

4.2. If you cancel during the first 14 days after you sign this agreement you will not have to pay any fee.

4.3. We can cancel this agreement if you materially breach any of your responsibilities and you fail to rectify your material breach within 21 days of Us telling You which We will attempt to do by both telephone and post.

4.4. If this agreement is cancelled after the fourteenth day, by either you or us (in accordance with clause 4.3), we will charge you for the value of the work that we have undertaken up to the point that you cancel, at a charge of £45+ VAT per hour.

 

  1. Complaints

5.1. At Charterhouse Claims Ltd we take customer relations very seriously and we always strive to improve our service. Any complaints we do receive will be dealt with quickly and professionally following the guidelines outlined below:

5.1.1. Complaints may be made by any of the following

1) in writing, to the Complaints Officer at Charterhouse Claims Ltd, Unit 64 Capital Business Centre, 22 Carlton Road, South Croydon, Surrey CR2 0BS

2) by e-mail to Complaints@Charterhouseclaims.com

3) by telephone on 0208 9162424

4) or in any other form in respect of a claims management service that we have provided and that is regulated under the Financial Services and Markets Act 2000.

5.1.2. We will send you a written or electronic acknowledgment of a complaint within five business days of receipt, identifying the person who will be handling the complaint for the business. Wherever possible, that person will not have been directly involved in the matter which is the subject of the complaint and will have the authority to settle the complaint.

5.1.3. Within eight weeks of receiving a complaint we will send you either:

5.1.3.1. a final response which adequately addresses the complaint: or

5.1.3.2.  response which:

5.1.3.2.1. Explains why we are still not in apposition to make a final response, giving reasons for the further delay and indicating when we expect to be able to provide a final response; and

5.1.3.2.2. Informs you that you may refer the handling of the complaint to the Claims Management Ombudsman Service if you're dissatisfied with the delay.

5.2. Where we decide that the redress is appropriate, we will provide you with fair compensation for any acts or omissions for which we are responsible and will comply with any offer of redress which you accept. Appropriate redress will not always involve financial redress.

5.3. If we are unable to resolve your complaint, or if a complaint is not resolved after eight weeks then you can have the complaint independently looked at by the Claims Management Ombudsman Service. The Claims Management Ombudsman Service investigates complaints about poor service from claims management companies. The Claims Management Ombudsman Service 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. Should you wish to refer your complaint to the Claims Management Ombudsman Service this must be done within six months of our final response to your complaint. If you are not satisfied with our response, or if a complaint is not resolved after eight weeks, you may refer the complaint to –

Writing: Claims Management Ombudsman , Exchange Tower, London E14 9SR

Email:  https://cmc.financial-ombudsman.org.uk/

Telephone: 0800 023 4567 (Opening times: Monday to Friday – 8am to 8pm and Saturday – 9am to 1pm)

 

  1. Other important information

6.1. You are not required to use a claims management company to make your complaint direct to your product provider (lender/bank etc.) and if unsuccessful to the Claims Management Ombudsman Service for free.

6.2. You acknowledge and agree that the Company may perform an address and finance check on you for the purposes of providing complete information to the third party the claim is being made against.

6.3. The provisions of the Contracts (Rights of Third Parties) Act 1999 are excluded from this agreement which means that only you and we have any rights under this contract. However if you ask us to liaise with anybody else on your behalf in relation to this contract we will do so provided that you give us your written permission.

6.4. Our service is personal to you and for this reason, you are not able to assign this contract to any other person.

6.5. We can assign our rights and responsibilities in this contract provided that the person we assign it to agrees to provide the same services to you in accordance with this contract. We will write to you before any assignment is made to ensure that you are aware that it is happening.  You have the option to cancel your contract without charge in these circumstances.

6.6. Introducer Fees. If your details have been referred by a third party Charterhouse Claims Ltd may pay them an introducer’s fee.

6.7. You should consider whether you have alternative mechanisms for pursuing a claim i.e. legal expenses insurance.

 

Version: Sept 2020