Terms & Conditions
OUR SERVICE
We are a claims management company and offer a claims management service for mis-sold investments. In order to ascertain the basis and merits of the claim we will carry out an initial assessment and, where appropriate, request information and review supporting documentation from you and the firms and or individuals, and any third parties who you had dealings with in relation to the investment. We will chase responses, keep you regularly updated either fortnightly, monthly or quarterly, the frequency of updates depends on the type of claim, by telephone, email or post.
We will investigate and advise you on the merits of the claim. We will submit your claim and handle all communications. 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 and liaise with carefully selected expert lawyers.
You do not need to use a claims management company to make your complaint to banks or financial institutions, and if your complaint is not successful you can refer it to the Financial Ombudsman Service, the compensation scheme, or the Pensions Ombudsman yourself for free.
YOUR OBLIGATIONS
You will need to complete our fact find and provide us with authority to request the relevant information needed to support our investigations and your claim. You must provide us with any information and documents which are relevant to your claim. You must promptly reply to any requests for further information and documents that we may make.
WHAT WILL YOU HAVE TO PAY TO USE OUR SERVICES?
Our fee is calculated on the gross amount of the compensation in settlement of a claim. Our total fee is 30% of recoveries. This includes VAT. Typical examples of how our Success Fee will be calculated are as follows:
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If we secure an award of compensation on your behalf for £12,000 our success fee would be £3,600 (£12,000 x 30% including VAT).
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If we secure an award of compensation on your behalf for £4,000 our success fee would be £1,200 (£4,000 x 30% including VAT).
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If we secure an award of compensation on your behalf for £1,000 our success fee would be £300 (£1,000 x 30% including VAT).
If there is no recovery YOU PAY NOTHING.
The standardised figures used above are for cost illustrations only and are not to be taken as an estimate of the amount likely to be recovered for you. The fee you will have to pay may be more or less than the illustration shown above.
CANCELLATION AND YOUR RIGHT TO CANCEL
If you cancel during the first 14 days Cooling off Period from the date you signed our Client Agreement you will not have to pay a cancellation fee to us. If you cancel this agreement after 14 days but before we submit your claim you will not have to pay a cancellation fee to us.
If you cancel our service after 14 days and after we submit your claim you will be liable to pay us an amount that is reasonable and reflects the work already undertaken.
You can cancel our services at any time. You can cancel by post, telephone, email or using our Cancellation Form.
THINGS TO CONSIDER?
You are not required to use our services to pursue your claim. You can also seek further advice or shop around.
It is possible for you to present the claim for free, either to the firm or person against whom you wish to complain or to the relevant ombudsman applicable to your claim.
ABOUT US
1. Misrepresentation Fraud Negligence Claims Limited registered is England and Wales under registered number 10865060. Our registered office is at Southgate Centre Two, 321 Wilmslow Road, Heald Green, Cheadle, SK8 3PW. Misrepresentation Fraud Negligence Claims Limited is regulated by the Financial Conduct Authority in respect of regulated claims management activities, authorisation number FRN 837972.
2. Misrepresentation Fraud Negligence Claims Limited provides a mis-sold investment claims service in relation to all types of financial mis-selling claims. We can examine the advice and service provided to you to see if you were incorrectly advised or misled into making an investment and pursue a claim on your behalf.
YOUR OPTIONS
3. As your complaint relates to financial services, you are not required to use the services of a firm which carries on regulated claims management activity to pursue your claim.
4. It is possible for you to present the claim for free, either to the individual against whom you wish to complain or potentially to a statutory regulator or Financial Services Compensation Scheme.
5. You are entitled to seek further advice in relation to your claim and you have a right to shop around to consider what services might be most appropriate to your claim for compensation.
OUR SERVICE
6. We will carry out an initial assessment and based upon your responses consider if it is in your best interests to pursue a claim.
7. If you instruct us to pursue your claim it is necessary that we contact the firm or financial adviser/agent/ any 3rd parties involved on your behalf to obtain relevant information and documentation to investigate your complaint.
8. We will chase responses and keep you promptly updated on material developments on your claim. The frequency of updates depends on the claims process by telephone, email and post.
9. Once we have received all relevant information and documentation, we will collect evidence and carry out our investigations 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:
9.1 If we believe that you were wrongly advised and the firm or individual who advised you is currently authorised and regulated by the Financial Conduct Authority, we may 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.
9.2 If the firm or individual that advised you was, but is no longer, authorised by the Financial Conduct Authority and we believe that you were wrongly advised and have the evidence to support this it could be eligible for us to submit your claim with the Financial Services Compensation Scheme
10. We will keep you informed of the progress of your claim on a regular basis keep you promptly informed on material developments on your claim. The frequency of progress depends on the claims process. We will also consult with you before taking any steps in relation to your claim.
11. We will then provide you with an invoice for our services based on our success fee.
12. Where your claim is rejected we will assess the rejection. We will advise you on our assessment and if we feel this is the best course of action we may recommend referring the claim to a specialist lawyer or making an appeal.
13. If the claim is successful after a rejection We will then provide you with an invoice for our services based on our success fee.
14. If the claim is rejected and we believe it is the best course of action to accept the rejection the claim is unsuccessful, and you will not have to pay a fee.
YOUR OBLIGATIONS
15. We will provide you with relevant letters of authority. You will, by signing any provided letters of
authority allow us to request relevant information from the firm or financial adviser/agent, or other third party investment providers with whom you have had dealings with in the past and in the present.
16. You must ensure that you always supply truthful, complete and accurate information.
17. You must forward any correspondence which you receive regarding your claim to us and you must provide us with any and 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.
18. You must promptly reply to any requests for further information and documents we make with as much detail as possible
19. You must promptly pay our Fees upon receipt of compensation.
RISKS
20. In making the claim if any of the below apply to you whether in Great Britain or in another jurisdiction there is a risk of not recovering any money but becoming liable for our costs which would need to be paid from your own funds.
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been declared bankrupt
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you are subject to a bankruptcy petition
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you are subject to an individual voluntary arrangement (IVA)
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you have proposed an individual voluntary arrangement (IVA) which is yet to be approved or rejected by creditors
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you are subject to a debt relief order
If any of the above apply any compensation might, in certain circumstances be off-set against your outstanding debts, and you will, where necessary, need to pay our fees from funds that are not subject to any of the above.
OTHER IMPORTANT INFORMATION
21. If you decide that you do not want to proceed with our
services at any time you can cancel this agreement by post, telephone, email or using our Cancelation Form.
22. If you cancel during the first 14 days Cooling off Period from the date you signed this agreement you will not have to pay any fee to us.
23. If you cancel this agreement after the 14 day Cooling off Period but before we submit a claim on your behalf, you will not have to pay any fee to us.
24. If you cancel our service after 14 days and after we submit your claim you will be liable to pay us an amount that is reasonable and reflects the work already undertaken.
25. If this Agreement is cancelled on or after an offer of compensation has been made, in respect to our claim, we will charge our Success Fee of 25% plus VAT (30% in total) on the amount of compensation awarded and you will be liable to pay this.
26. We can cancel this agreement if you materially breach any of your obligations and you fail to rectify your breach within 28 days of us telling you (which we will attempt to do by both telephone and post).
26.1. Where we cancel this agreement in accordance to clause 22 after the 14 day Cooling off Period and before we submit your claim or before you receive compensation you will not have to pay our fees.
26.2. Where we cancel this agreement in accordance to clause 22 after we submit your claim and the claim is successful or on or after an offer of compensation has been made, we will charge our Success Fee of 25% plus VAT (30% in total) on the amount of compensation awarded and you will be liable to pay this.
CANCELLATION
27. Where you have been introduced to MFN Claims We will disclose to you on receipt of the signed agreement any referral fee or financial arrangement paid by MFN to any other person in respect of your introduction to MFN.
29. The provisions of the Contract (Rights of Third Parties) Act 1999 are excluded from this agreement, which means that only you have and we have any rights under this contract. However, 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.
29. Our service does not include progressing any matter to civil court proceedings although you should be aware that this is an option that you are entitled to pursue in the recovery of compensation should the pursuit of a claim with us be unsuccessful. We will work with our own panel lawyers if court action is required.
COMPLAINTS
30. We hope that you will be very pleased with the service that
we provide but in the unlikely event that you have a complaint please ask for a copy of our complaints procedure.
31. We strive to ensure that there should be no occasion when you should have any cause for complaint in relation to the service that we provide to you. In the unlikely event that you wish to raise a complaint or have any other concerns with regard to the service we have, or are, providing to you, you may submit a complaint.
32. Complaints may be made in writing, by e-mail, by telephone, or in any other form in respect of the claims management service that we have provided. If you wish to register a complaint our contact details are:
Carl Jaffer
Complaints Department
Misrepresentation Fraud Negligence Claims Limited
Southgate Centre Two, 321 Wilmslow Road, Heald Green, Cheadle, SK8 3PW.
Telephone: 03333 050999
Email: customerservices@mfnclaims.com
We reserve the right to decline to consider a complaint that is made more than three years after you become aware of the cause of the complaint.
There may be instances where we will waive this requirement at our discretion. We will confirm to you in writing if your complaint has been made outside the time limit that we are prepared to consider.
We will acknowledge your complaint within three working days and will seek to provide a full response within four weeks. If we are unable to do so we will send you a holding response and issue a final response within eight weeks of your initial complaint. If you are not satisfied with the response, or if a complaint is not resolved within eight weeks, you may refer the complaint to:
Financial Ombudsman Service
Exchange Tower, Harbour Exchange, London, E14 9SR Telephone: 0800 023 4 567
From overseas: +44 20 7964 0500
Website: www.financial-ombudsman.org.uk
OUR SUCCESS FEE
If we are not successful in securing an offer of compensation for you, you will not have to pay any fee to us.
Our Success Fee is equal to 25% + VAT (totaling 30%) of the compensation offered to you. Our Success fee is calculated on the gross amount of the compensation in settlement of the claim.
HOW WE CHARGE OUR SUCCESS FEE
For Claims about Financial Services Products and Services which are covered by a Statutory Redress Scheme, the Fees that can be charged are determined by the FCA Fee Cap and detailed in the table below:-
VAT at the prevailing rate will be applied to the Fees
Should your claim require litigation or be outside of any statutory Redress Schemes, then the FCA Fee Cap will not apply and your claim will revert to our standard fee rate of 40%. This is to allow us to recover the substantial cost involved in litigation.
HOW OUR FEE IS PAID
Our fee is calculated on the gross amount of compensation awarded. The amount of compensation you receive will be less than the amount of compensation awarded after paying our success fee.
In the event that compensation is paid to our Client Account, we will send you the compensation less our fees within 2 working days of being in receipt of cleared funds. By signing this agreement you provide us with consent to deduct our fees prior to onward transmission of compensation to you.
If the compensation is paid directly to you or your pension scheme, we will send you an invoice for our Success Fee. This invoice will become payable within 14 days of you, or your pension scheme, receiving the compensation offered.
If any Success Fee remains outstanding after 14 days of the date of you receiving compensation, or 14 days after receiving our invoice, we reserve the right to refer your debt to third parties to pursue you for payment on our behalf. You should be aware that the debt recovery process may incur additional costs and these costs will be payable by you and these costs will be charged as at the date of the referral.