IMPORTANT: These terms and conditions form part of a legally binding contract and set out the Terms of Engagement for the appointment of McGinness Associates to act on your behalf in all aspects of the administration and negotiation of your claim(s). You should therefore read these carefully.
1.1 “Client” means the person or persons entering into a Contract for the provision of Services by the Company.
1.2 “Services” means all or any of the services provided by the Company as detailed in the Contract.
1.3 “Company” means McGinness Associates which is the trading name of Dooneen Ltd, registration number SC428755, regulated by the Claims Management Regulator in respect of regulated claims management activities, authorisation number CRM40036.
1.4 “Contract” means the signed Sole Agency Agreement between the Client and the Company relating to the supply of Services incorporating these Terms and Conditions of Business.
1.5 “Provider” means the product provider, bank, building society, credit card company, charge card company or financial organisation who is responsible for the sale of the Policy or provides the service to the Client and to whom the Claim is made and/or any agent or authorised representative of them.
1.6 “Policy” means the policy forming the basis of the Claim or any other or associated policies coming to the attention of the Client or the Company once the claims process has started.
1.7 “Claim(s)” means the claim(s) that the Client may have against the Provider relating to the Charges levied/mis-sale of any Policy or service.
1.8 “Bank Charges” means the punitive/erroneous/unreasonable charges levied against the Clients bank/building society/credit card/charge card/loan account.
1.9 “Packaged Bank Accounts” are current accounts that come with a ‘package’ of extra features such as mobile phone and travel insurance and for which there is a monthly fee.
1.10 “Financial Ombudsman Service” means the independent service for resolving disputes with financial firms provided by the Financial Ombudsman Service.
1.11 “Compensation” means a refund or financial benefit offered by the Provider in settlement of any Claim including any sums paid or given in respect of a settlement, goodwill gesture, policy refund, rebate or overdraft, including any interest payments and associated charges. For the avoidance of doubt, Compensation includes any sums used to reduce any outstanding loans or credit card balances.
1.12 “Fee” means the amount the Client has to pay the Company as detailed in Clause 3.
1.13 “Claims Pack” means the documentation sent to the Client from The Company following a request from the Client to consider or pursue a compensation claim.
1.14 “Associated Accounts” are any and all accounts applicable to the Client which present themselves in the course of the claims process or are identified by the Client or by the Provider.
2.1 Services the Company agrees to provide are:
2.1.1 Acting as sole and exclusive agent of the Client with full authority to process and administer a Claim including assessing the viability of preparing, submitting and negotiating the Claim to seek to obtain an offer of Compensation;
2.1.2 Providing administrative support to the Client in relation to a Claim;
2.1.3 Sharing with the Client the Company’s knowledge of claim handling procedures as they may relate to the Claim, and;
2.1.4 Where the Provider rejects the initial complaint or any offer of Compensation is less than an amount the Company considers fair and reasonable, the Company will review the decision and, if appropriate, refer the case to the Financial Ombudsman Service.
2.2 Where the client submits a Contract indicating a service requirement for Claims for compensation in respect of unreasonable or erroneous Credit Card/Bank Charges and
unreasonable or erroneous Loan Charges and/or claims for compensation relating to Packaged Bank Accounts, the Company will assess these scenarios and where evidence indicates a claim would be successful, the Company will submit appropriate claims on the Clients behalf. The claim(s) will be deemed to be carried out under the same Terms & Conditions as detailed here.
2.3 For the avoidance of any doubt, the Services shall not include the provision of any financial or legal advice.
2.4 Where a case is referred to the Financial Ombudsman Service and is not upheld by them, the Company will review the decision and, if deemed appropriate and with no prospect of Compensation in the future, the Company will cease work on the Claim.
2.5 On occasions where the lender may offset any PPI claim against the Client’s previous debt or where the lender sends any PPI refund to any former Trustee under a formal debt agreement, it will be up to the Client to take whatever action deemed appropriate. The Company will not take legal action on behalf of the Client to recover funds in these cases.
2.6 If any Associated Accounts are uncovered during the claims process by the Client or the Provider these will form part of the overall claims process and if any of these result in a successful compensation award they will be liable to the Companies fee structure as detailed in Clause 3 and become due to be paid by the Client.
2.7 These Terms of Engagement shall continue to operate until all Claims where a Fee is payable have been settled.
3. Fees and Disbursements
3.1 If the Company is unsuccessful in winning Compensation for the Client there is no charge.
3.2 The Company agrees to provide the Services for a fee of 30% plus Value Added Tax (VAT), at the prevailing rate, of the Compensation offered to the Client. If for any reason the Client receives payment directly from the lender the Client agrees to remit the fee to the Company within 14 days, failing which, the Company reserves the right to charge an additional 10% of the compensation amount.
3.3 If the Company is successful in obtaining Compensation then the Client owes 30% of the Compensation (+VAT). This means for example, if the Company succeeds in obtaining Compensation of £1,000, the Fee would be £300.00 + VAT = £360.00. The Client would receive £640.00. If the Company succeeds in obtaining Compensation of £3,000 and there is £1000 of arrears on the account, which is offset by the Provider, the Fee would be £600 + VAT = £720 and the Client would receive £1280 (£3000 less £1000 arrears less £720 fee).
3.4 The claims process commences on receipt by the Company of the signed contract and any offer of compensation received thereafter from a Provider will be subject to these terms and conditions and subject to the Company’s fee.
3.5 If the Company secures an offer of Compensation from the Provider, which the Company believes to be fair and reasonable, and that offer is rejected by the Client, then the Company reserves the right to terminate this contract and charge its fee of 30% plus VAT of the Compensation amount.
3.6 The fee is due upon receipt of notification of Compensation award. Where paragraph 3.4 applies, the fee is payable upon receipt by the Client of the Company’s invoice.
3.7 The Company reserves the right to deduct outstanding commission fees, including fees related to other compensation claims, from any Compensation paid direct to the Company before forwarding monies on to the Client.
4 Debt Recovery
4.1 Late payment of any invoice will be subject to interest applied on a daily basis at the annual rate of 6% above the prevailing bank lending rate and/or a Late Payment Fee.
4.2 In the event that the Company takes steps to recover any fees or other amounts due from the Client it reserves the right to charge the Client for all costs associated with the recovery, including, but not limited to Court fees, bailiff fees and its own administration costs.
5 Client’s obligations and acknowledgements. The Client shall:
5.1 Provide the Company with all such material and information requested or which the Client believes to be
relevant to the Claim;
5.2 Respond promptly to any requests for information from the Company, Provider or the Financial Ombudsman Service;
5.3 Inform the Company promptly of any relevant matters affecting the Claim, such as direct contact from any of the Providers.
5.4 Provide the necessary authority for the Company to perform the Services;
5.5 Review, check and amend if necessary and accept responsibility for documents prepared by the Company on behalf of the Client and sign and return them promptly to the Company;
5.6 Inform the Company of any offer of Compensation received directly by the Client if the Company has not itself informed the Client of an offer;
5.7 Not authorise any other company to perform the Services;
5.8 Ensure that all information provided to the Company, Provider or Financial Ombudsman Service is complete, accurate and not misleading;
5.9 Acknowledge that if the Claim is successful in relation to a PPI policy, the policy will be cancelled and that the Client is responsible for identifying a replacement policy if appropriate.
5.10 Acknowledge that where interest is included as part of the Compensation it may be taxable depending on the Client’s personal tax status and the Client understands the need to disclose this payment to HMRC;
5.11 Acknowledge that any compensation may be applied as an insolvency asset, or other debt arrangement and that any compensation may not be paid directly to the Client;
5.12 Acknowledge that the Client has been informed and is aware of the option to complain directly to the Provider at no cost, with a further option to take matters up with the Financial Ombudsman Service or the Small Claims Court but has chosen to pursue the Claim with the Company;
5.13 Acknowledge and agree to relinquish legal title to the full value of any and all compensation secured in the claims process by the Company and will retain part title only, specifically passing legal title of 30% (plus VAT payable at the prevailing rate) of that full value to the Company.
5.14 Consider any offer of Compensation made by the Provider which the Company believes to be reasonable and, within 28 days of receipt of an offer of Compensation, either accept the offer or notify the Company that the Client wishes to reject it.
6 Limit of Liability
6.1 The Company shall not be in any way Liable for any losses in the event that either the Provider or the Financial Ombudsman Service judges the Claim to be out of time.
6.2 The Company will not be liable to the Client whether in contract or tort for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by the Client and by the Company such as loss of profits or loss of opportunity.
6.3 The Company’s total liability to the Client in respect of all losses arising under or in connection with this Agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the amount of Compensation the Client is entitled to unless those losses were foreseeable by both parties when the Agreement was signed.
6.4 Nothing in this Agreement shall limit or exclude the Company’s liability for:
i. death or personal injury caused by its negligence
ii. fraud or fraudulent misrepresentation, or
iii. breach of the terms implied by Part 2 of the Supply of Goods and Services Act 1982 (title and quiet possession)
7.1 The Company may terminate work on any individual Claim at any time where it believes that, due to material changes to circumstances surrounding the claim, regulation changes or legal changes, the case is unlikely to succeed.
7.2 Where the Client fails to meet any of the Client’s Obligations as set out in paragraph 5, the Company may terminate the Contract.
7.3 Where the Company terminates the Contract or an individual Claim under 7.1 or 7.2 it will inform the Client in writing.
7.4 The Client has the right to terminate the Contract within 14 days of signing the Authority and Sole Agency Agreement and in that case shall not incur any fee from the Company. Notice should be made in writing to the Company and will be effective from the date posted by the Client. The Client should obtain and retain proof of postage to verify the date posted.
7.5 The Client has the right to terminate the Contract by providing the Company written notice at any time. If the notice to terminate is received after any offer of Compensation is made or receipt of any notification that the Claim has been upheld, the full fee of 30% plus VAT of the Compensation will be payable. Furthermore, if the Client terminates the Contract and subsequently receives an offer of Compensation in respect of the Claim made by the Company on the Client’s behalf, the Company reserves the right to charge the full fee of 30% plus VAT of the Compensation. The Company will confirm its charges on receipt of notice to terminate. The fee will be payable upon receipt by the Client of the Company’s invoice.
7.6 If the Client through their own actions or inactions prevents a Provider offering Compensation, the Company reserves the right to charge the Client 30% plus VAT of the Compensation the Company has calculated is due to the Client. The fee will be payable upon receipt by the Client of the Company’s invoice.
The Client acknowledges that any estimate of Compensation given is an estimate only and that the Client has not entered into this Agreement in reliance on an estimate given by the Company.
9 Law and Jurisdiction
9.1 The law applicable to this Contract shall be English Law and the parties consent to the jurisdiction of the English Courts in all matters affecting this Contract.
9.2 McGinness Associates is the trading name of Dooneen Limited, Registration number SC 428755
10 Data Protection
10.1 The Company will hold personal information in accordance with the Data Protection Act 1998.
10.2 Data collected by the Company during the course of the Services will be used for the purpose of the Services.
10.3 Any information provided in the course of the Services, may be shared with relevant Providers to ensure claims are processed effectively.
10.1 The Company may use the data collected to inform the Client of other services the Company offers. The Company reserves the right to pass on contact details, but not confidential information, to selected third party companies. It is the responsibility of the Client to notify the Company if the Client does not agree to their information being used in this way.
11 Force Majeure
11.1 The Company shall not be liable for any delay or failure to perform any part of the services as a result of any factor beyond its reasonable control.
12 Internal Complaints
12.1 All complaints made about the Company should be made to the Complaints Manager at the Company’s address. The Company will investigate the complaint in accordance with its internal complaints process. This is available on request by the Client.