These Terms of Engagement detail how Fast Track Reclaim (FTR) will undertake its Claims Services to You. By signing and submitting the Letter of Authority (LOA), You agree to be bound by these Terms of Engagement (“Agreement”).
a. “Claim(s)” means your claim(s) against the company relating mis-sold financial products and any associated underlying investments
b. “Claims Services” means:-
i) Conducting an assessment to identifying any potential claim(s) for financial mis selling ; and
ii) Examining the advice and service provided by your Independent Financial Advisor (IFA) to see if the IFA incorrectly advised you in respect of a product; and
iii) Examining your product providers and their business take-on process to see if they acted in your best interest.
c. “Company” means the business, for example the IFA and past and present product providers, to whom the LOA is addressed, including any associates and/or their predecessors.
d. “Instruction” means you authorise us to undertake the claims services, which is given when you sign and return either online or by post, a LOA, or other authorisation document/form. This includes where you provide your signature or complete a form electronically.
e. “LOA” means the document to be sent to the company containing your authority for FTR to act on your behalf. A LOA(s) will be provided as part of the claims service and FTR or the company may require you to sign a further LOA(s) during the claims services.
f. “FTR/Us” means Quickly Finance Limited (trading as Fast Track Reclaim), a claims management company, Company Number: 06304563 who are authorised and regulated by the Financial Conduct Authority, Reference Number: 836013. This registration is recorded on the website https://register.fca.org.uk.
g. “You/Your” means the account/policy holder(s) whose details are set out in the LOA and who have appointed FTR to act on their behalf and also includes an Executor(s) or Administrator(s) of a Deceased Person’s Estate.
h. “Independent Solicitors” means Joseph James Law (LS) Limited trading as Fast Track Solicitors Registration Number: 09941975 VAT Number: 241 0111 80 authorised and regulated by the Solicitors Regulation Authority – Number 628597 instructed, upon your consent, to take legal action against the Company to claim back your financial loss.
2. CLAIMS SERVICES
a. FTR will not commence the claims services until FTR receives your instruction by signing the LOA, either online or in writing.
b. FTR will submit a Data Subject Access Request (DSAR) to the company to obtain information relating to your financial products.
c. Upon receipt of this information, FTR will assess whether it is in your best interest to pursue a claim and if so, will contact you to complete a questionnaire.
d. Once the questionnaire has been completed, a Letter of Complaint (LOC) will be submitted to the Company.
e. FTR will consider whether it is in your best interests to pursue a claim. We will also assess whether any alternative routes would be better for you, such as contacting the Financial Ombudsman Service (FOS) https://www.financial-ombudsman.org.uk or the Financial Services Compensation Scheme (FSCS) https://www.fscs.org.uk directly or referring your claim to Independent Solicitors.
f. FTR will promptly notify you of the outcome of the claims services.
g. You authorise FTR to refer your case to the FSCS if the IFA is no longer trading.
h. You understand that by completing one LOA, the company may provide information about multiple policies, under the instruction(s) provided, and that FTR will review this information to identify potential claim(s).
i. FTR or the company may require further authority, information or documents from you to facilitate the provision of the claims services. Documentation that may be required includes proof of identification and proof of address (this is not an exhaustive list).
j. You agree that you will deal promptly with requests for authority, information or documents that FTR or the company might make.
k. You will ensure that any information provided is true, accurate and completed to the best of your knowledge. FTR will not check such information except where it is under legal obligation to do so.
l. You understand that you do not need to use a Claims Management Company (CMC) to assess your eligibility for a mis-sold financial claim. You are free to seek advice elsewhere and are able to proceed with your claim(s) directly, through another CMC or an alternate solicitor.
m. FTR will update you about any significant development in your claim(s) using your preferred contact method(s), including by text message, email, telephone and/or post until your claim(s) is finalised.
3. REFERRAL TO THE INDEPENDENT SOLICITOR(S)
a. Should FTR identify a potential Claim(s) which requires legal action, FTR will promptly notify You of this and seek your instruction to refer your claim(s) to our independent solicitors. FTR may receive a fee for any introduction made to Joseph James Law.
b. Once your Instruction is received, FTR will refer your claim(s) to the independent solicitors by passing your personal data, including your contact details, DSAR information and any other information relevant to your claim(s) to the independent solicitors.
c. You will then have 14 days to cancel your agreement with the independent solicitors, free of charge, should you decide not to continue.
d. Upon receipt of your claim(s) from FTR, the independent solicitors will contact you in respect of their services and once your claim(s) have been referred, you will receive no further updates from FTR regarding these and no further action will be taken by FTR.
a. No fees will be charged to you in respect of an unsuccessful claim. Where a claim is successful, FTR will charge a contingency fee representing no more than 36% inc. VAT in respect of any redress/compensation/goodwill payment recovered on your behalf. The contingency fee of 36% inc. VAT is calculated before any applicable tax payment/deduction of which you are liable. Under no circumstances will you be required to pay more to us than this amount.
b. It is possible that our fee may become payable before you have access to your pension but will still be liable to pay our fee from your own funds. An invoice will be raised, and payment will be required within 21 days from receipt of the invoice.
c. If you have 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 might, in certain circumstances be off-set against any outstanding debts; you will, where necessary, may still be liable to pay our fees from your own funds.
d. Where fees remain unpaid and FTR are forced to either take court action or appoint a debt collection agency to recover outstanding monies, FTR reserve the right to increase the amount owed by an amount equivalent to the cost of that recovery. A court may also award additional cost and/or statutory interest at the rate of 8% above Bank of England base rate.
e. If your claim(s) has been passed to the Independent Solicitors, FTR will not charge any fee(s) for the claims services and the independent solicitors will charge a fee(s) for any successful claim(s). All fees will be outlined in Your agreement with the independent solicitors.
5. DOCUMENTATION AND DISCLOSURE
a. You must provide all documents which you may have in your possession from the Company which may assist in the preparation of the claim. You may also be required to provide proof of your identity and/or proof of address as required. You must complete all documentation and disclose all relevant information which is pertinent to your claim in a truthful manner, which is accurate to the best of your knowledge. Should FTR be unable to obtain documents relating to your claim, you may be required to obtain these yourself through a DSAR to the organisation concerned. You may be required to complete additional forms and information for the purpose of proceeding with a FOS claim.
b. If the company offers or pays compensation to you directly, you agree to notify FTR immediately (and within 7 days at the latest) and to provide the details FTR needs to calculate Your Fee(s). For the avoidance of doubt, should You reject a reasonable offer of Compensation and/or refuse to sign a company’s acceptance. FTR reserves the right to charge a fee based on the offer made.
c. If you were to challenge an offer made and a you subsequently receive a higher offer, our fee will be based on the final offer received.
a. You may cancel your claim(s) at any time within 14 days from the date you sign the LOA (Cooling-off Period) at no cost to you.
b. After the cooling-off period has expired you may terminate this agreement with FTR verbally by telephone number 0333 212 9367, in writing to Fast Track Reclaim, Fast Track House, Pearson Way, Thornaby Stockton-on-Tees TS17 6PT or by email to email@example.com.
c. No further work will then be undertaken if you cancel after the cooling-off period; however, we reserve the right to make a reasonable charge for the work we have carried out, at £175 per hour.
d. If you cancel your claim(s) after an offer of reasonable compensation is made to you, then FTR shall be entitled to issue the fee(s) that would be payable under clause 4.
e. You acknowledge that once a claim has been successful or you receive any benefit from instructing FTR to bring a claim, you will be liable to pay the contingency fee as set out in clause 4 above. Termination of this agreement following such success will still incur the appropriate fee as outlined in clause 4 of this agreement.
f. In some cases, FTR may decide that they are unable to continue to act for you. Examples of where this may occur are: if FTR cannot obtain clear instructions from you; if they believe that they will not be successful in your claim, or; if they have been given misleading instructions or information from you.
g. The independent solicitors will provide you with separate cancellation rights under your agreement with them.
7. YOUR PERSONAL DATA
a. Once FTR has referred your claim(s) to the independent solicitors, FTR shall not be liable to You for any loss which arises.
c. During the claims services your personal information will be used to provide the claims services, including to third party organisations for the purposes of undertaking these claims services.
d. FTR will not disclose your personal data to a third party without your consent unless a lawful or legitimate basis applies.
8. DISCLAIMER & ASSIGNMENT
a. Nothing in this Agreement shall limit or exclude FTR's liability for:
i) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
ii) fraud or fraudulent misrepresentation; or iii) breach of the terms implied by sections 49 to 52 of the Consumer Rights Act 2015.
b. FTR reserves the right to assign this agreement and all rights under it and to subcontract to others all or any of our obligations under it. This agreement is personal to you and is not assignable by you except to your personal representatives.
c. The Firm excludes liability to the client for any tax liability incurred due to the client’s failure to pay tax on the compensation/redress received. It is the client’s responsibility to fulfil their personal tax obligations. Professional financial advice should be sought by the client if in doubt of their tax obligations.
d. Neither party shall be liable for a breach of this agreement by failing to perform their obligations under this agreement due to force majeure or any unforeseeable circumstance outside the control of the affected party.
a. You can make a complaint about FTR’s service by email to firstname.lastname@example.org, by telephone on 0333 212 1265 or by post to: Fast Track Reclaim, Fast Track House, Pearson Way, Thornaby, Stockton-on-Tees, TS17 6PT You can also find a copy of the FTR complaints procedure at www.fasttrackreclaim.com.
b. Should you remain unhappy about FTR's service, you may escalate your complaint within six months to FOS by telephone on 0800 023 4567 or post to: Financial Ombudsman Service, Exchange Tower, Harbour Exchange, London, E14 9SR.
10. GOVERNING LAW
a. Each party irrevocably agrees that any proceedings relating to any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation instituted against you by FTR shall be brought in the appropriate court of your country of residence, which will either be the Courts of England and Wales, Scotland or Northern Ireland and shall be governed and construed by the applicable law for the appropriate jurisdiction. Any such proceedings against FTR by you shall be governed by and construed in accordance with English law and the parties irrevocably submit to the jurisdiction of the Courts of England and Wales.