1.1 ‘Claim’ means the Client’s contemplated action including Court proceedings against the Company for Compensation relating to mis-sold payment protection insurance (PPI) policies and/ or to unfair commission charges on payment protection insurance policies.
1.2 ‘Client’ or ‘you’ means the holder(s) of a policy, bank account/credit card account or party to a regulated Credit Agreement authorised to appoint Stanton Fisher to act on his/her/their behalf in respect of the Claim.
1.3 ‘Company’ means the financial Institution and/or persons to whom the Letter of Authority is addressed, being the Insurance Company, Bank, Building Society, Credit Card Company or Financial Advisor or any other entity which applied the unlawful charges or mis-sold payment protection insurance policies (or their employee, director, agent, representative and associates).
1.4 ‘Compensation’ means any sums paid or awarded to the Client in the Claim, whether in repayment of premiums or commission, reduction of debt or other financial benefit and including any interest.
1.5 ‘Stanton Fisher’ means Stanton Fisher Limited, a claims management company of Dalton House, Dane Road, Sale, Manchester, M33 7AR.
1.6 ‘Letter of Authority’ means the signed letter from the Client to be sent by Stanton Fisher to the Company giving Stanton Fisher the Client’s authority to conduct the Free PPI Check and/or the Claims Service.
1.7 ‘Services’ means the services provided to the Client by Stanton Fisher and/or its agents including making the Claim for Compensation from the Company.
1.8 ‘Terms’ means these Terms of Engagement.
1.9 ‘Reasonable Offer of Compensation’ means any offer of Compensation made in accordance with FCA, FOS and FSCS guidelines, or an offer deemed as such by a court of law in England and Wales.
1.10 “Fee” means the agreed fee of 24% inclusive of VAT of the gross offer of Compensation (including all taxes where applicable), payable to Stanton Fisher for the Services carried out by it. This Fee becomes payable by the Client immediately upon receipt of the Compensation.
Fees example table
|Example Situation||Total compensation||Stanton Fisher Fee
(24% inc VAT)
|Amount returned to Client,
before deduction of taxes
|£1000 gross payment received||received £1000||£240||£760|
|£500 cash and £500 reduction to a loan||received £1000||£240||£260|
|£1000 reduction to a loan||received £1000||£240||£0|
1.11 “Free PPI Check” means the service provided by Stanton Fisher in submitting your PPI Check request to the Company, for which no charge will be made by Stanton Fisher.
1.12 “Claims Service” means the service provided by SF in processing and managing the Claim, for which the Fee will be payable.
2. Free PPI Check
2.1 Stanton Fisher will undertake the Free PPI Check by submitting a request to the Company together with Letter of Authority signed by the Client. Stanton Fisher will contact you to advise you of the outcome of your Free PPI Check, which can sometimes also include information on other accounts that you had with the Company in addition to the ones you asked Stanton Fisher to investigate. If PPI is found, Stanton Fisher will ask if you would like to continue with the Claims Service.
2.2 Once Stanton Fisher has completed the Free PPI Check, the Client is able to choose to not instruct Stanton Fisher to undertake the Claims Service and, if you choose not to instruct Stanton Fisher in relation to the Claim when you are told the outcome of the Free PPI Check, and inform Stanton Fisher of this, Stanton Fisher will not initiate the Claims Service and you will not be charged the Fee.
2.3 If you do wish to instruct Stanton Fisher to initiate the Claims Service, you agree to be bound by the remainder of these Terms and specifically you agree to pay the Fee. For the avoidance of doubt, your continuing instructions to Stanton Fisher in respect of the Claims Service will constitute your acceptance of the remainder of these Terms.
3. Conduct of Engagement.
3.1 The Client hereby agrees to be bound by the Terms and appoints Stanton Fisher to assess, pursue and if reasonably possible to complete the Claim.
3.2 The Client gives to Stanton Fisher his/her/their consent and full authority to obtain relevant information and deal with the Company on the Client’s behalf until the conclusion of the Claim.
3.3 You are aware that you could complain directly to the Company at no cost and/or make a complaint to the Financial Ombudsman Service, and you acknowledge that you have the right to shop around, but herby confirm your instructions to pursue your Claim using Stanton Fisher.
4. The Client.
4.1 Will deal promptly with every reasonable request by Stanton Fisher for authority, information, documents and further instructions that they may, from time to time, require. If you fail to do so Stanton Fisher will be entitled to terminate this agreement in accordance with clause 6.3.
4.2 Will promptly inform Stanton Fisher of any relevant matters affecting the claim.
4.3 Will be liable for the Fee as set out at Clause 1.10 and Clause 6.
4.4 Will immediately inform Stanton Fisher if the Company pays the Client(s) directly and forward the Fee to Stanton Fisher.
4.5 In some circumstances the Company will pay the Compensation to Stanton Fisher. In these circumstances the Client authorises the Company to do so, and authorises Stanton Fisher to retain the Fee before remitting the balance to the Client.
4.6 Gives the right to Stanton Fisher to deal exclusively with the Claim either by itself or through appointed solicitors. The Client will not instruct any other representative nor pursue their PPI claim themselves against the Company without first terminating these Terms in accordance with Clause 6.
4.7 For the avoidance of doubt the Client will not be liable for any charge in respect of the Claim if Stanton Fisher decide not to pursue the Claim or if the Claim is pursued and the Company pays no Compensation.
4.8 Authorises and consents for the Company to access and undertake searches of their credit report(s) where required to assist with identifying and locating the Client in the event that the Client does not pay the Fee when due.
4.9 Confirms that if they provide details to Stanton Fisher of any friends, family members or any other person who they advise wants to pursue a Claim themselves, then the Client confirms that they have the express consent from this person to do so and further that this individual has provided their consent to be contacted by Stanton Fisher. The Client acknowledges that their identity may be passed to the person being referred as a means of verifying the enquiry.
4.10 Confirms that they have provided Stanton Fisher with all documents, including in electronic form in their possession that are relevant to the claim and which give evidence of a fact in the claim, to the best of their knowledge and belief.
5 Stanton Fisher will:
5.1 Check the details provided by the Client and will rely on the documents provided by the Client as being true, accurate and so far as possible complete.
5.2 Use its reasonable endeavours to obtain the maximum Compensation for the Claim.
5.3 Promptly notify the Client if the Claim is not to be pursued. Stanton Fisher shall at its discretion decide whether or not it will proceed with the Claim at any time but will act reasonably in taking any such decision.
5.4 Promptly notify the Client of the outcome of the Claim.
5.5 In the event that the Company pays the Compensation direct to Stanton Fisher, as soon as is reasonably practicable following the settlement of a Claim and upon receipt by it of Compensation, Stanton Fisher will pay the Client the balance due after deducting the Fee.
5.7 Any claim by way of indirect, special or consequential damage arising out of any act or omission or commission by Stanton Fisher is specifically excluded.
6. Cancellation & Termination
6.1 Commencing on the date you instruct Stanton Fisher to commence the Claims Service in accordance with clause 2.3, you have 14 days to cancel your Agreement and authority instructing Stanton Fisher to act on your behalf without charge (‘Cooling-off Period’). To exercise your right to cancel you must inform us of your decision to cancel by making a clear statement by letter, email, telephone or you can also use the cancellation form available on our website (but you are not obligated to use this.) If you provide your notice of cancellation in writing, please ensure this is sent to Stanton Fisher Ltd, Dalton House, Dane Road, Sale, Manchester, M33 7AR and we would strongly advise you to retain proof of postage of this notice.
6.2 You may cancel this Agreement by informing us of your decision to cancel at any time. However if you cancel this Agreement outside the Cooling-off Period at clause 6.1 you may be responsible for payment of our fees. If we have not succeeded in obtaining a Reasonable Offer of Compensation (calculated in accordance with the FOS, FSCS and the FCA guidelines) by the date of cancellation we will charge you a cancellation fee for the work done in dealing with the Claim which will be reasonable and reflect the work done in accordance with our Scale of Fees, a copy of which is available on request. If we have succeeded in getting a Reasonable Offer of Compensation by the date you cancel then it is the Fee detailed at clause 1.10 of these Terms that is payable by you.
6.3 If Stanton Fisher terminates this agreement on the grounds of your failure to deal promptly with any request for information as set out at Clause 4.1, you will be responsible for payment of the Fee in the event that a Reasonable Offer of Compensation has been made. If no Reasonable Offer of Compensation has been made, you will be charged a cancellation fee for the work done in dealing with the Claim which will be reasonable and reflect the work done in accordance with our Scale of Fees.
6.4 If you have been, you are or you become bankrupt or subject to an Individual Voluntary Arrangement you must inform Stanton Fisher immediately. If you do not and we continue with your claim you may not be entitled to keep your refund but you will be liable for the Fee.
7. Data Protection & Compliance.
7.2 Full details of Stanton Fisher’s internal complaints handling procedures are available upon request and via our website at www.stantonfisher.co.uk/Stanton_Fisher_ Complaints_ Procedure.pdf. 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. Ordinarily, the act or omission, or when you should reasonably have known there was cause for complaint, must have been after 5 October 2010. 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 01or 02) from both mobiles and landlines. Calls are recorded and may be used for training and monitoring purposes. For minicom call 0300 555 1777 Email email@example.com
Legal Ombudsman, PO Box 6804, Wolverhampton, WV1 9WG. Do not send original documents to the Legal Ombudsman. They will scan any documents you send us to make computer copies and then destroy the originals.
7.3 Stanton Fisher is regulated by the Claims Management Regulator in respect of regulated claims management activities.
7.4 Time limits may apply to pursuing a PPI Claim. Please send your Claim to us and we will advise you whether it will be possible to make a Claim. In accordance with 4.7, the Client will not be liable for any charge in respect of the Claim if Stanton Fisher decide not to pursue the Claim or if the Claim is pursued and the Company pays no Compensation.
8. Governing Law & jurisdiction.
8.1 This Agreement shall be subject to the laws and to the jurisdiction of the Courts of England and Wales.
* FCA statistics as at 16th May 2018 for total PPI compensation paid out by all financial institutions across the industry
**amount calculated prior to deduction of applicable taxes and fees