Terms & Conditions

Fast Track Reclaim Terms & Conditions

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”).

1. DEFINITIONS

a. “Claim(s)” means Your Claim(s) against the Company relating to the failure to disclose commission charges (Plevin) in connection with Your Payment Protection Insurance (PPI) policy(ies) or other sums paid by the Company to third parties.

b. “Claims Services” means:-

i) Conducting a PPI Check to ascertain if You have/had PPI with each company you tell us you have dealt with; and/or identifying any potential Claim(s) for undisclosed commission (Plevin); and

ii) Referring Your Claim(s) to the Independent Solicitors, with Your Instruction.

c. “Company” means the business, for example the Lender or Broker, to whom the Letter of Authority (LOA) is addressed, who failed to disclose commission charges (Plevin) or other sums paid to third parties, including any associates and/or their predecessors.

d. “Instruction” means You authorising Us to undertake the Plevin Check(s) and refer Your Claims to the Independent Solicitors, which is given when You sign and return either online or by post, an LOA, or other authorisation document/form. This includes where You provide Your signature or complete a form electronically.

e. “Letter of Authority (LOA)” means the document to be sent to the Company containing Your authority for FTR and The Independent Solicitors 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. “Plevin” means the Supreme Court decision in Plevin v Paragon Personal Finance Limited which ruled that Mrs Plevin had been treated unfairly as the Lender failed to disclose the high level of commission earned from her PPI policy. Claims made about undisclosed commission are commonly referred to as Plevin Claims.

g. “Plevin Check” means the process by which FTR will endeavour to identify whether PPI existed on any account(s) provided to You, by the Company, and whether You have a potential Claim(s) for undisclosed commissions (Plevin), by submitting a Subject Access Request (SAR), on Your behalf, to the Company.

h. “FTR/Us” means Quickly Finance Limited, a claims management company, Company Number: 06304563 who are authorised and regulated by the Financial Conduct Authority, Interim Permission Number: 836013. This registration is recorded on the website https://register.fca.org.uk.

i. "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 to make a claim against the Lender and if necessary, upon your consent, take legal action to claim back your PPI.

j. “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.

2. CLAIMS SERVICES

a. FTR will not commence the Claims Services until FTR receives Your Instruction either online, by telephone or in writing.

b. FTR will use reasonable endeavours to request the Company provide information about any PPI policies and undisclosed commissions (Plevin) or other sums paid by the Company to third parties, that existed on any account(s) which You held with them, by making a SAR.

c. FTR will promptly notify You of the outcome of the Plevin Check(s).

d. If FTR are unable to identify a PPI policy(ies) and any undisclosed commissions (Plevin), or other sums paid by the Company to third parties, this Agreement will come to an end.

e. You authorise this Agreement to continue and for FTR to refer your case to the Independent Solicitors for any account(s) where a Company has confirmed You may have/had PPI and there were any undisclosed commissions (Plevin), or other sums paid by the Company to third parties associated with Your PPI policy(ies).

f. You understand that by completing one LOA, the Company may provide information about multiple PPI policies, under the Instruction(s) provided, and that FTR will review this information to identify potential Claim(s).

g. FTR will review and, if appropriate, based on the information provided by You and the Company, refer Your Claim(s) to the Independent Solicitors to continue with the Claim(s) on Your behalf.

h. 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).

i. You agree that You will deal promptly with requests for authority, information or documents that FTR or the Company might make.

j. 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.

k. You do not need to use a claims management company to assess Your eligibility for a Plevin Claim(s). You are free to seek advice elsewhere and are able to proceed with Your Claim(s) directly through an alternate solicitor.

l. FTR will update You about any significant development in Your Claim(s) using Your preferred contact method, including by SMS (text message), email, telephone and/or post until Your Claim(s) is referred to the Independent Solicitors.

3. REFERRAL TO THE INDEPENDENT SOLICITOR(S)

a. Should FTR identify a potential Claim(s), FTR will refer your claim to our Independent Solicitors . You will then have 14 days to cancel your agreement with the Independent Solicitors .

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, SAR information and any other information relevant to Your Claim(s) to the Independent Solicitors .

c. FTR will notify You promptly once Your Claim(s) has been referred to the Independent Solicitors .

d. Once Your Claim(s) is referred to the Independent Solicitors You will receive no further updates from FTR about that Claim(s), all further updates will be from the Independent Solicitors.

e. Upon receipt of Your Claim(s) from FTR, the Independent Solicitors will contact You in respect of their services. No further action will be taken by FTR.

4. FEE(S)

a. FTR will not charge You any Fee(s) for the Claims Services. FTR receive a referral fee from the Independent Solicitors for every Plevin applicable claim referred.

b. Once Your Claim(s) has been passed to the Independent Solicitors, 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. CANCELLATION RIGHTS

a. You may cancel this Agreement at any time, at no cost to You in writing, by telephone or via email. You can find our contact details on our website.

b. FTR may at its sole discretion decide not to proceed with the Claims Services and cancel this Agreement at any time. FTR must act reasonably in taking such a decision and promptly notify You.

c. The Independent Solicitors will provide You with separate Cancellation Rights under Your Agreement with them.

6. YOUR PERSONAL DATA

a. FTR takes the privacy of Your personal information seriously. FTR will only use the personal information You provide to Us as outlined both in this clause 6 and in our Privacy Policy which can viewed on our website. FTR asks that You read our Privacy Policy carefully. If required, a hard copy is available upon request.

b. 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.

c. FTR will not disclose Your personal data to a third party without Your consent unless a lawful or legitimate basis applies.

7. DISCLAIMER & ASSIGNMENT

a. Once FTR has referred Your Claim(s) to the Independent Solicitors, FTR shall not be liable to You for any loss which arises.

b. 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.

c. 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.

8. COMPLAINTS

a. You can make a complaint about FTR’s service by email: complaints@fasttrackreclaim.com 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 the Financial Ombudsman Service by phone on 0800 023 4567 or post to: Financial Ombudsman Service, Exchange Tower, Harbour Exchange, London, E14 9SR.

9. 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.

Fast Track Solicitors Terms & Conditions

DAMAGE BASED AGREEMENT

This agreement will form after Fast Track Solicitors (FTS) receives the case from Fast Track Reclaim and you receive notification of us commencing work on your case. Any communication pre-referral will be from Fast Track Reclaim.

1. OUR CHARGES

1.1 The DBA Payment
We have agreed to charge you based on a percentage of the Damages recovered by you as a result of Success in Proceedings. The amount of this payment is called the DBA Payment. This is the only payment you will make to us for our work. It is only payable if there is Success in the Proceedings. The DBA Payment is reduced by any Fees or Counsel Fees that have been paid or are payable by the Defendant by way of Recovered Costs so that you only pay the DBA Payment net of those sums. We are entitled to retain any Recovered Costs which are paid to you or to us by the Defendant or any Affiliate. Even though we have agreed to charge for our work on the basis of a DBA, it is necessary to explain how our Fees and Counsel Fees are calculated for the purposes of claiming Recovered Costs from the Defendant. Details of our Fees and Counsel Fees are set out in the Legal Services Contract to this Agreement.

1.2 Expenses
1.2.1 Expenses are treated differently. You will be liable for Expenses regardless of whether there is Success in the Proceedings. However, you will only be liable to pay Expenses at the conclusion of the Proceedings to the extent that:-
(a) such Expenses have not been paid or are not payable by another party to the Proceedings by way of Recovered Costs; or
(b) such Expenses have not been paid by the ATE Insurer under the terms of the ATE Insurance.
1.2.2 Certain Expenses will be paid by the Investor during the course of the Proceedings pursuant to the funding arrangements described in Clause 2 (Litigation Funding). If there is no Success in the Proceedings, you agree and accept that those Expenses will be satisfied from the proceeds of the ATE Insurance and the ATE Insurer will pay those proceeds directly to the Investor.

2. LITIGATION FUNDING

2.1 While we are content to share the risk of the Proceedings with you by agreeing to act on the basis of a DBA, the complexity, cost and the risk of delays, and possible failure, to achieve Success in the Proceedings are considerable. We are therefore only prepared to offer this DBA because the Investor has agreed to provide the Litigation Funding Investment to us for the purpose of paying certain Expenses incurred by us in connection with the Proceedings, including court fees associated with the issue of the Proceedings, hearing your Claim in court and other court related disbursements.

2.2 In return for the Investor's agreement to provide the Litigation Funding Investment, we have agreed to make the following payments to the Investor:
2.2.1 If there is Success in the Proceedings, the Investor will be entitled to receive an amount equal to the Litigation Funding Investment it has provided under the Investment Agreement, the Success Fee and any Renewal Fee that has accrued; and
2.2.2 If there is no Success in the Proceedings, the Investor will be entitled to receive an amount equal to the Litigation Funding Investment it has provided under the Investment Agreement.

2.3 The amounts payable to the Investor under the Investment Agreement, and described above, are paid from the DBA Payment and Expenses that are payable to us under the terms of this Agreement and therefore the total amount payable by you will not increase as a result of the payments we have agreed to make to the Investor.

2.4 If there is no Success in the Proceedings, the amounts due to the Investor under Clause 2.2.2 will be paid from the proceeds of the ATE Insurance. You irrevocably instruct the ATE Insurer to pay the proceeds of the ATE Insurance in respect of these amounts directly to the Investor.

3. APPLICATION OF DAMAGES AND RECOVERED COSTS

3.1 You agree to hold all Damages and Recovered Costs as trust property on bare trust absolutely for the benefit of us, you, the ATE Insurer and the Investor to the extent of each of our respective interests in such amounts as described in this Agreement. You also agree to hold any proceeds from the ATE Insurance in respect of Litigation Funding Investment paid by the Investor as trust property on bare trust absolutely for the benefit of the Investor.

3.2 You hereby give irrevocable instructions that all Damages and Recovered Costs are to be paid directly into our client account. Following the receipt of any such Damages and Recovered Costs, we will apply such amounts in the following order of priority:
3.2.1 firstly, to the Investor in respect of amounts due under the Investment Agreement;
3.2.2 secondly, to the ATE Insurer in respect of the premium due under the ATE Insurance;
3.2.3 thirdly, to us in respect of the DBA Payment and Recovered Costs (after making the payments to the Investor referred to in Clause 3.2.1); and
3.2.4 fourthly, to you in respect of the balance of the Damages.

3.3 If there is no Success in the Proceedings, you irrevocably instruct us that any amounts recoverable under the ATE Insurance (to the extent such amounts have not been paid directly to the Investor by the ATE Insurer) are to be paid directly into our client account to be applied by us as follows:
(a) firstly, to the Investor in respect of amounts due under the Investment Agreement; and
(b) secondly, to meet any other Expenses payable by you in accordance with the terms of this Agreement.

4. CONFIDENTIALITY

The conduct of the Proceedings will require us to disclose information about you and your Claim to the Defendant's lawyers and the court. But unless we need to share this information as part of our work, all information you give us will be kept confidential by us. It will be necessary for us to share information with the Investor in connection with the funding it has agreed to provide to us in connection with the Proceedings, and its advisers and you agree to us sharing information about you and your claim with the Investor (and its advisers) to the extent that we are required to do so in order to comply with any investment agreement between us and the Investor. We will take reasonable steps to make sure that anybody who receives confidential information from us about you or your Claim agrees to maintain the confidentiality and privilege of this information. The success of your Claim depends in part on you also keeping exchanges confidential. You agree not to disclose any information about your Claim to a third party before discussing it with us first.

5. DEFINITIONS

"Adverse Costs" means the portion of the Defendant's fees and expenses that it has incurred in relation to the Proceedings that are ordered by the court or agreed between the parties to be paid by you to the Defendant or its Affiliates
"Affiliate" means, in relation to a specified person, any person who controls, or is controlled by, or is under common control with, or has a close connection with, that specified person
"ATE Insurance" means the contract of after-the-event insurance between you and the ATE Insurer to cover certain liabilities of yours in respect of the Claim, including Adverse Costs and certain Expenses
"ATE Insurer" means such provider of after-the-event insurance approved by us and the Investor
"Claim" means your claim against the Defendant
"Counsel Fees" means fees charged by Counsel engaged by us to conduct Proceedings in respect of the Claim. Counsel Fees are utilised for the purpose of calculating and seeking recovery of the Counsel's legal fees from the Defendant by way of Recovered Costs
"Damages" means all amounts of money or the value of any goods, services or benefits, recovered or received by you as a result of Success in the Proceedings and/or Settlement and shall include statutory and other interest and be the gross amount prior to any set-off or counterclaim exercised by the Defendant and prior to any deduction for taxes. Under this contract, Damages shall exclude Recovered Costs
"DBA Payment" means the percentage of the Damages you hereby agree to pay to us, as set out in the Legal Services Contract to this Agreement
"Defendant" means the Lender who sold PPI to you and any other party against whom you issue proceedings
"Expenses" means any disbursements that are incurred on your behalf in connection with the Proceedings within the meaning of "expenses" in The Damages-Based Agreements Regulations 2013. For the avoidance of doubt, Expenses do not include our Fees or Counsel Fees
"Fees" means the legal fees we would charge, to represent you under a time based retainer applying our respective hourly billing rates. Fees are utilised for the purpose of calculating and seeking recovery of our legal fees from the Defendant by way of Recovered Costs
"Investment Agreement" means the agreement entered into between us and the Investor under which the Investor has agreed to pay certain Expenses and other amounts incurred by us in connection with the Proceedings
"Investor" means SpectraLegal Finance 3 DAC or any of its Affiliates
"Investor Fee" means the fee payable by us under the terms of the Investment Agreement in an amount equal to 7.5% of the amount of Damages and Recovered Costs (excluding amounts recovered in respect of Expenses)
"Litigation Funding Investment" means amounts invested by the Investor in respect of your Claim through the funding of certain Expenses and the court issues fees, hearing fees and any other court related fees
"Proceedings" means any legal proceedings issued on your behalf in relation to the Claim
"Recovered Costs" means all amounts paid or payable to you or us, or any person on their behalf, by the Defendant (or any related party) on account of:
(a) our Fees;
(b) Counsel's Fees; and/or
(c) Expenses,
or, if a Settlement is agreed that fails to allocate the amount of the Settlement or compromise to such items, an amount equal to an order for Recovered Costs that a court might reasonably have been expected to make in the Claim as determined by counsel, acting reasonably, or by an experienced costs lawyer agreed between the parties
"Renewal Fee" means the renewal fee payable by us under the terms of the Investment Agreement should your Claim extend beyond twelve (12) months after the Investor's initial investment in your Claim in an amount equal to 10% per annum on the amount the Investor invests in your Claim such additional amount will begin to accrue from the first anniversary of the initial investment
"Settlement" means an agreement between you and any Defendant, or any of their Affiliates, in settlement of the Claim, whether in the Proceedings or otherwise. This shall include any waiver or compromise of the Proceedings against a Defendant
"Success in the Proceedings" means your Claim is finally decided in your favour, whether by a court decision or Settlement or in any way that you derive benefit from pursuing the Claim. "Finally" means that your opponent:-
(a) is not allowed to appeal against the court decision or Settlement;
(b) has not appealed in time; or
(c) has lost any appeal

CLIENT CARE LETTER

This document explains the terms on which we agree to act for you. Please do not hesitate to ask questions on any point that you do not understand.

1. PARTIES TO THIS LEGAL SERVICES CONTRACT

Fast Track Solicitors
The consumer party to this contract is you, whose name is in the heading to this agreement

2. WORK TO BE UNDERTAKEN

On the basis of the instructions to date, a broad outline of the work I shall be carrying out includes:

Review your case for the submission of a Concealed Commission Case.
If your case has reasonable prospects of success, then draft a Letter of Claim.
If after pre-action correspondence your case has reasonable prospects of success, then to advise on issuing legal proceedings.
If your case has reasonable prospects of success then commence legal proceedings.

Our obligation to you at this stage is to carry out the above work. Our fee advice has been calculated on the basis that we are only carrying out the above.

3. WHO WILL BE DOING YOUR WORK

I am the Managing Director of the firm and also a Solicitor-Advocate with ultimate conduct of your matter. I delegate aspects of the file to other members of the Litigation Team, however, I will be responsible for the supervision of the matter.

4. FEES

Please ensure you are very clear on the legal fees being charged. Any queries relating to fees are non-chargeable so please contact us urgently if you do have a query. Below is the breakdown of the fee structure relevant to your file.

We will work on a Damages Based Agreement (DBA) whereby we will be entitled to 20% plus VAT (totalling 24%) of any damages recovered if the matter is settled before the commencement of legal proceedings, or 40% plus VAT (totalling 48%) of any damages or financial benefit received if the matter is settled or Judgment obtained after legal proceedings are commenced.

Please consider whether the potential outcomes of your legal case justifies the expense or risk involved to you, including the risk of you having to pay your opponents’ costs.

Calculation of charges - these are calculated mainly by reference to time spent by me and support staff dealing with this matter. A list of chargeable time descriptions is set out in section 11 of the General Terms of Engagement. Solicitors charge in 6 minute units, for example 30 minutes’ work will equate to you being charged 5 units of 6 minutes.
Disbursements - the charges mentioned above do not include expenses incurred on your behalf, for example, photocopying or postage/delivery charges, generally at 45 pence per mile, all other travel expenses e.g. rail fares, parking, congestion charges, tolls, taxis – these will all be charged to you at the cost to us. Other more substantial disbursements such as fees for Counsel will be agreed with you in advance of the instruction of that individual; these will all be charged to you at the cost to us.
VAT - all of the charges mentioned above will have VAT added to them when your bill is drafted. VAT is currently charged at 20%, this figure will be increased/decreased to the prevailing rate set by the government from time to time.

5. CANCELLATION

You may cancel the Claim within 14 days of engaging us (which is the latest date we received this correspondence). To cancel please either call 0333 212 3877, email info@josephjameslaw.co.uk or send a letter to us at Joseph James Law Third Floor, Fast Track House, Pearson Way, Thornaby, TS17 6PT. Please use the words “I wish to cancel the agreement with Joseph James Law, and they should cease acting on my behalf”.

Should you wish to cancel your agreement with the firm outside the 14-day cooling off period, you may do so, however you will be responsible for any disbursements incurred in pursuing your claim. This may include, but is not limited to Court Fees, Counsel Fees and any other expenses incurred on your behalf.

6. RIGHT TO CHALLENGE THE BILL

If you are dissatisfied with our bill, we ask that you raise your concerns with the fee-earner concerned, or if you prefer, Mr Andrew Settle, Managing Director. In the event that the issue cannot be resolved, you have the right to invoke our complaints procedure, which is detailed below. You also have the right to make a complaint to the Legal Ombudsman. There are time limits for doing so, and all details in relation to the Legal Ombudsman can be found at www.legalombudsman.org.uk.

If you remain dissatisfied with the amount of the bill, you have the right to ask the Senior Courts Costs Office to consider the bill and make an assessment as to its reasonableness. Full details of this procedure can be found at www.justice.gov.uk/guidance/courts-and-tribunals/courts/seniorcourts-costs-office.

7. COSTS INFORMATION

“The loser always pays” – Generally speaking, the loser in court proceedings pays the legal costs of the successful party. However, you should be aware that this is not always the case. There are many factors that a Court takes into account when considering the matter of costs and it is possible for the Court not to award costs to the successful party.
“Before the Event Insurance” – It is possible that you may have an insurance policy in existence (i.e.: motor insurance or loan insurance) that provide you with “legal expense” insurance. If you think that this may be the case, please send a copy of the policy(ies) to us so that we can advise you on this.
“After the Event Insurance” – After the Event Insurance provides you with an insurance policy that will cover your opponents‘ legal costs in the event that you lose your case and/or get a Cost Order awarded against you (i.e. you have to pay your opponents’ legal costs). Upon request, I will explore with you whether (1) you would like to take out such a policy and (2) whether an insurer will insure you. Please note it is your responsibility to arrange an After the Event Insurance policy.
“Public funding” – It is always possible that you may be entitled to public funding for litigation matters. However, this is rare. This firm is unable to deal with this matter for you if it is to be “publicly funded” and it is, therefore, your responsibility to check whether you are eligible.
“Union or association” – If you are a member of a union or association, you may have the right to funding from them.

8. MONEY LAUNDERING

Under the Money Laundering Regulations 2007 and the Proceeds of Crime Act 2002, we have an obligation to verify the identity and place of residence of all clients before the establishment of a business relationship.

All clients are required to provide one proof of photographic identity and one proof of residence. Copies of these will be held for a period of five years after the completion of your matter.

9. OUTSOURCING

We may outsource the taking and making of telephone calls, data inputting and/or chasing documents from you to a specialist-supervised company whose staff we bring into the firm to be adequately supervised by a solicitor. You agree for us to outsource this element of your matter. I am however ultimately responsible for ensuring that the highest quality of work is maintained and I undertake monthly reviews of the outsourced work to ensure:

All details will remain confidential.
Any person employed by a contractor involved in your matter has all the necessary qualifications and experience to deal with the tasks.
Any person dealing with your matter is adequately supervised by persons with the appropriate qualifications and experience to do so.

10. PROFESSIONAL INDEMNITY INSURANCE

Fast Track Solicitors has Professional Indemnity Insurance within England & Wales as required by the Solicitors Regulation Authority of England and Wales. It is a fundamental term of our accepting instructions from you that our liability to you is limited to £3 million. Should you require us to have a greater liability than this please contact us. In the absence of any express agreement in writing between us for a higher amount we will not be responsible to you for any liability incurred in excess of that amount.

Our current insurers are detailed in the firms General Terms and Conditions.

11. OUR COMPLAINTS PROCEDURE

It is important to us that we provide services of the highest quality to all of our clients. We aim to ensure that any complaints that clients may have are identified and dealt with in accordance with this procedure.

Making a complaint:

You can register your complaint with the person dealing with your matter, or Mr Andrew Settle, Director and appointed complaints handler. Mr Settle will ensure complaints are handled effectively and in accordance with this procedure.

We will acknowledge your complaint within seven days.
We will conduct a full investigation and an independent review of your matter.
We aim to respond in full within 28 days, however, if your complaint is of a more complex nature we will require more time; we will inform you of when you will receive a full response.
We will reply to you, usually in writing, to tell you our views on your complaint and how we propose to resolve it, hopefully to your satisfaction.
If you are dissatisfied with the outcome, or the way your complaint has been handled, you may request that your file is independently reviewed by an external solicitor who will make such further investigations as are necessary.
The external solicitor will inform you of the conclusions and any alternative proposals to resolve your complaint, usually within 28 days of this being referred to them. Under no circumstances will the above investigation take longer than 8 weeks.
You may take your complaint to the Legal Ombudsman within 6 months of the expiry of the 8 week period or our definitive response in the meantime.

Legal Ombudsman

The Legal Ombudsman is an independent organisation, which is ultimately responsible to Parliament. The Legal Ombudsman deals with complaints about the legal profession. You must make any complaint to the Legal Ombudsman within a certain period of time of the act or omission in the work which gave cause to the complaint arising. We refer you to the website of the Legal Ombudsman, as below, for details of that time limit.

There are also two additional relevant time limits; the Legal Ombudsman will accept complaints up to six years from the date of act/omission, or three years from when you should have known about the complaint. However, this new limit will be introduced gradually, as at present, the problem must have happened on or after 6 October 2010, or if the problem happened earlier than that, you must not have been aware of it before 6 October 2010.

The Legal Ombudsman may:

Investigate the quality of professional service supplied by a solicitor to a client
Investigate allegations that a solicitor has breached rules of professional conduct
Express a view on whether a solicitor’s charges are fair and responsible
Ensure that a solicitor has handled a complaint correctly

The Legal Ombudsman will not:

Determine whether a solicitor has been negligent
Give legal advice or tell a solicitor how to handle a case
Review the outcome of a court case
Review a decision of the Legal Aid Agency (the body that regulates the provision of legal aid)

There are restrictions upon who may make a complaint to the Legal Ombudsman. Individuals and certain enterprises may do so, however, are therefore referred to the Legal Ombudsman’s website, as below, for clarification. Before it will consider a complaint, the Legal Ombudsman generally requires that the firm’s internal Complaints Procedure has been exhausted. If it is necessary to involve the Legal Ombudsman it may take up to six months from the end of the firm’s procedure; this can be checked at www.legalombudsman.org.uk or by telephoning the Legal Ombudsman on 0300 555 0333. If the Legal Ombudsman is satisfied that the firm’s proposals for resolving a complaint are reasonable, it may decline to investigate further.

The Legal Ombudsman’s address and further details are:

Legal Ombudsman, PO Box 6806, Wolverhampton
Phone: 0300 555 0333
www.legalombudsman.org.uk | enquiries@legalombudsman.org.uk

12. ADR

In the event that you wish to engage with Alternative Dispute Resolution bodies instead of the Legal Ombudsman Service then Fast Track Solicitors consider alternative competent bodies to be: Ombudsman Services, ProMediate and Small Claims Mediation. We will agree to use such a scheme if your complaint is not resolved by the Legal Ombudsman.

Unless otherwise agreed, these terms and conditions of business shall apply to any future instructions given by you to us. Please sign and return the form within 7 days.

13. REFERRAL DETAILS

Your case may have been referred to us from a third party and a financial arrangement is in place for the referred case. Further, there are no provisions in the referrer agreement between us and the third party, which would comprise, infringe or impair any of our duties to you.

14. AFTER THE EVENT INSURANCE

I confirm I wish to have After the Event Insurance Protection from legal costs and Irrevocably authorise you to have any damages I recover paid to your firm and for you to deduct the premium from my damages and pay it to the Insurer.

☑ Tick here to have the protection

DO NOT AGREE TO THE ATE INSURANCE

I understand that if for any reason my claim is either unsuccessful or does not proceed, then I am liable to pay your firm the disbursements it has incurred to pursue my claim. I further understand that if my claim does not settle at an early stage, then those disbursements will certainly be many hundreds of pounds, and often many thousands of pounds if Counsel is involved and/or a trial takes place. I also understand that at any time you can ask me to deposit money with you to pay those disbursements and that without this policy, you wish me to pay a deposit of £250 on account for those disbursements, which I now enclose.

I have read the above section of the letter headed “Insuring Against Losing” and in particular section b) i), ii) and iii). I understand that the sections explain when and how I may have to pay the defendant’s costs. I acknowledge that it is your view that I cannot safely make this claim without a policy. I also note that I do not have to pay it if I lose, and that I do not have to pay the premium now – only when I receive my damages at the end of the case.

I understand that you have already made arrangements to purchase the above policy and that you strongly recommend that I authorise you to purchase the insurance policy to protect me, but I DO NOT wish to have the benefit of an After the Event insurance policy and I hereby agree to pay all disbursements and defendant’s costs in the above circumstances including the defendant’s costs if the amount I recover is less than I was previously offered.

Pension Terms & Conditions

1. DEFINITIONS

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.

4. FEE(S)

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 of 15% - 30%. The contingency fee is based on the Gross amount of redress/compensation/goodwill payment recovered on your behalf. The maximum contingency fee of 30% is calculated before any applicable tax payment/deduction of which you are liable. You will also be charged VAT at the current prevailing rate which is 20%.

The level of compensation awarded will determine the level of fee charged. Please see the examples illustrated below of what the contingency fee would be if you obtained redress/compensation to one of the following amounts:

Example 1:

Contingency Fee: £1,000
Consumer To Pay(£): 30% = £300
VAT: £60
Customer Receives(£): £640

Example 2:

Contingency Fee: £9,000
Consumer To Pay(£): 28% = £2,520(reduced to £2,500 to not breach cap)
VAT: £500
Customer Receives(£): £6,000

Example 3:

Contingency Fee: £15,000
Consumer To Pay(£): 25% = £3,750
VAT: £750
Customer Receives(£): £10,500

Example 4:

Contingency Fee: £40,000
Consumer To Pay(£): 20% = £8,000
VAT: £1,600
Customer Receives(£): £32,500

Example 5:

Contingency Fee: £55,000
Consumer To Pay(£): 15% = £8,250
VAT: £1,650
Customer Receives(£): £45,100

The above rates exclude VAT.

The fee illustrations are not to be taken as an estimate of the amount likely to be recovered for you.

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 ever been declared bankrupt are subject to a bankruptcy petition, are subject to, or have ever been subject to, an individual voluntary arrangement, have proposed an individual voluntary arrangement which is yet to be approved or rejected by creditors; are currently subject to, or have ever been subject to or are or have ever been subject to any other process or arrangement which is similar to those listed including but not limited to sequestration and if so 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.

6. TERMINATION

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 info@fasttrackreclaim.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. b. FTR takes the privacy of your personal information seriously. FTR will only use the personal information you provide to us as outlined both in this clause 6 and in our privacy Policy which can viewed on our website. FTR asks that you read our privacy policy carefully. If required, a hard copy is available upon request.

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.

9. COMPLAINTS

a. You can make a complaint about FTR’s service by email to complaints@fasttrackreclaim.com, 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.

Tax Refund Terms & Conditions

DEFINITIONS
This Agreement forms a contract between you the ‘Client(s)’ and Fast Track Reclaim (FTR). Fast Track Reclaim is a trading name of Quickly Finance Limited whose address is Fast Track Reclaim, Fast Track House, Pearson Way, Thornaby, Stockton on Tees, TS17 6PT. You should not sign this contract until you have read the agreement and services that FTR provide, including any fees payable to them. Please note that you have a 14 day cooling off period to withdraw from the contract. ‘Instruction’ means your instruction to us to commence the services contained within these Terms, Your instruction is given once you provide your signature on our web form or via a wet signature on this form. Once you provide FTR with your instruction you agree to and are bound by the FTR Terms and Conditions.

1. SERVICE

1.1 These are the terms on which FTR agrees to provide the Claims Service and you agree both to be bound by them and to acknowledge them once we have received your instructions to proceed with your claim(s).

1.2 FTR will assist with your claim on a 'No Win No Fee' contingency basis.

1.3 You are aware that you could approach HMRC directly at no cost.

1.4 We will not process your claim until we receive your instruction.

1.5 The Questionnaire is to allow us to provide HMRC with the information required for your claim(s).

1.6 You agree to answer all questions honestly and to your best ability and understand that FTR are in no way responsible for any incorrect information you provide. You understand that you will take full responsibility for this.

1.7 Once your instructions have been received FTR has the right to deal exclusively with the claim(s), unless otherwise agreed in writing by you and FTR.

1.8 You understand that any successful claim(s) will be subject to fees as set out in Clause 2.

1.9 You will deal promptly with requests by FTR for authority, information, documents or further requests that FTR might make.

1.10 You will inform FTR promptly of any relevant matters affecting the claim(s), such as direct contact from HMRC requiring our attention.

1.11 FTR will use reasonable endeavours to obtain compensation for the claim(s pursued.

1.12 FTR will promptly notify you if FTR decides not to pursue your claim(s) and cancel this Agreement under Clause 6.

1.13 FTR will promptly notify you of the claim(s).

1.14 If the claim is unsuccessful, FTR will endeavour to inform you.

1.15 You give FTR authority to act on your behalf with HMRC and appoint us as your nominee.

1.16 While we have authority on your tax claim , if you receive any tax benefit sent to us from HMRC either paid direct to you or to us on your behalf, you will be liable to our fees set out in clause 2. If the authority is removed but you subsequently receive a tax benefit from a claim made prior to removal, you will still be liable to our fees set out in clause 2.

1.17 You are able to remove our authority with HMRC following your claim if you wish by informing us, as well as writing directly to HMRC at: Pay As You Earn and Self-Assessment, HM Revenue and Customs, BX9 1AS.

2. FTR FEES

2.1 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 the greater value of either 30% plus VAT or £25.00 plus VAT at the prevailing rate (currently 20%) in respect of any redress/compensation/goodwill/rebate payment recovered on your behalf. The contingency fee of 30% plus VAT or £25.00 plus 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.

Example Refund Received
Tax Refund: £1000.00
Fee charged @ 30%: £300.00
VAT @ 20%: £60.00
Total Fee (Fee + VAT): £360.00
Consumer Receives: £640.00

2.1.1 Where the value of redress/compensation/goodwill/rebate received from HMRC falls below £25 plus VAT, FTR will limit our Fee to the total amount of the redress/compensation/goodwill/rebate received. We will not ask you to pay any additional charges and the claim will be closed. FTR reserve the right not to contact you in this instance.

2.1.2 If you are paid by the HMRC directly as a result of your claim FTR has made on your behalf, you will inform us immediately. If disclosure is not received within a reasonable timescale our fee is calculated upon the PPI amount received/disclosed within the financial year to which the claim is applicable. It will be determined that a refund has been paid directly to you if FTR has been informed by HMRC that this is the case and/or FTR has not received an outcome from HMRC within 9 months of submitting your claim to HMRC and you have not disclosed to us otherwise and our fee in accordance with clause 2.1 will be due.

2.2 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.

2.3 You understand that If you have a successful claim FTR will run ID Verification checks (required by the HMRC)which means that there could be a soft search on your credit file. This will not affect your credit rating.

2.4 If you request us to re-issue a cheque that we have previously sent to you, we will charge you a Fee of £19.99. Where the value of the cheque is under £19.99 you will not be required to pay us any more than the amount of the refund. We will not charge you this fee if we have made a mistake that requires your cheque to be re-issued.

3. REGULATORY BODIES

Fast Track Reclaim is a trading name of Quickly Finance Limited who are authorised and regulated by the Financial Conduct Authority FRN836013.

4. CONCERNS ABOUT OUR SERVICE

FTR operates an internal complaints procedure for the resolution of complaints regarding services provided by our claims management department. In the event that you have a complaint about the service which we provide, please write to: Complaints Department: Fast Track Reclaim, Fast Track House, Pearson Way, Thornaby, Stockton on Tees, TS17 6PT

Alternatively you may register your dissatisfaction via email to complaints@fasttrackreclaim.com, or via the telephone on 0333 212 1265. We will acknowledge your complaint within 5 working days and advise you of how we plan to resolve your concerns at the earliest opportunity. A copy of our Internal Complaints Procedure can be found in our Customer Information, and is also available upon request.

If you remain dissatisfied, you may refer your complaint to the:
Legal Ombudsman, PO Box 6806, Wolverhampton, WV1 9WJ.
Email : enquiries@legalombudsman.org.uk
Telephone: 0300 555 0333

5. AGREEMENT

This agreement will be effective from the date you give your instruction to FTR to proceed with your claim. By giving your instruction you agree to be bound by these Terms and Conditions until such a point that the contract is terminated or your claim is brought to a final conclusion.

If you have any queries relating to these terms and conditions then please contact us on 0845 459 8895 before signing.

6. TERMINATION

6.1 Once you have provided your instructions to FTR and the claims process has begun you will have 14 days to cancel the agreement without any consequence or charge. This process is known as 'cooling off', and where FTR are instructed to do so, they will acknowledge that the agreement has been terminated in writing. After the cooling-off period has passed, you may request to cancel and no further work will be carried out on your behalf, however, if we are notified that your claim has been successful and you have received an offer from HMRC, you will be liable to pay a contingency fee as detailed in section 2.

6.2 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 at clause 2 opposite. Termination of this agreement following such success will still incur the appropriate fee as outlined in clause 2 of this agreement.

6.3 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.

7. DISCLAIMER

7.1 FTR is not responsible for the refund of tax or the rejection of a claim where:

7.2 The Client(s) has provided information which that is false, incorrect, inaccurate, insufficient or misleading in any way.

7.3 The Client(s) has already applied for and/or received a refund of tax prior to making a claim with us.

7.4 The Client(s)owes money to HMRC.

7.5 HMRC has information that is different to that provided by you.

7.6 If HMRC determine that a refund of tax has been made incorrectly and ask for it to be paid back. FTR are under no obligation to refund our fee in this instance however where possible, we will do so.

7.7 You are aware that you can submit a claim directly to HMRC for free however by claiming with us, you are agreeing to use our services to recover any overpaid tax to you.

Marriage Tax Terms & Conditions

DEFINITIONS

This Agreement forms a contract between You the 'Client(s)', 'Partner 1' and 'Partner 2' and Fast Track Reclaim (FTR). Fast Track Reclaim is a trading name of Quickly Finance Limited whose address is Fast Track Reclaim, Fast Track House, Pearson Way, Thornaby, Stockton on Tees, TS17 6PT. You should not sign this contract until you have read the agreement and services that FTR provide, including any fees payable to them. Please note that you have a 14 day cooling off period to withdraw from the contract. 'Instruction' means your instruction to us to commence the services contained within these Terms, Your instruction is given once you provide your signature on our web form or via a wet signature on this form. Once you provide FTR with your instruction you agree to and are bound by the FTR Terms and Conditions.

1. SERVICE

1.1 These are the terms on which FTR agrees to provide the Claims Service and the Client(s) to be bound by them and to acknowledge them once we have received your instructions to proceed with your claim(s).

1.2 FTR will assist with your claim on a 'No Win No Fee' contingency basis.

1.3 You are aware that you could approach HMRC to recover any Claims / Rebate / Refund Service directly at no cost.

1.4 FTR will not process your claim until FTR receive your instruction.

1.5 The Questionnaire is to allow FTR to provide HMRC with the information required for your claim(s).

1.7 Once your instructions have been received FTR has the right to deal exclusively with the claim(s), unless otherwise agreed in writing by you and FTR.

1.8 You understand that any successful claim(s) will be subject to fees as set out in Clause 2.

1.9 You will deal promptly with requests by FTR for authority, information, documents or further requests that FTR might make.

1.10 You will inform FTR promptly of any relevant matters affecting the claim(s), such as direct contact from HMRC requiring our attention.

1.11 FTR will use reasonable endeavours to obtain compensation for the claim(s) pursued.

1.12 FTR will promptly notify you if FTR decides not to pursue your claim(s) and cancel this Agreement under Clause 8.

1.13 FTR will promptly notify you of the claim(s).

1.14 If the claim is unsuccessful, FTR will endeavour to inform you.

1.15 You authorise FTR to act on yours and your partner’s behalf to claim back a tax refund for you both.

1.16 You authorise FTR to be able to contact HMRC on both your behalf to chase your claim and pursue HMRC to speedily get you back what you are legally entitled to.

1.17 You confirm that you are happy for 10% of your personal tax free allowance to be transferred from “Partner 1” to “Partner 2”. This means “Partner 2” will be paying less tax each year until you contact HMRC to tell them of any change of circumstance.

1.18 You confirm that you instruct us to backdate this allowance from the start of your marriage or civil partnership. This can only go so far back as 5th April 2015.

1.19 You confirm that you wish for FTR to claim this back in a cash refund amount from HMRC on your behalf and we deduct our fee from the total refund for whatever reason it may arise.

1.20 You confirm that the FTR fee is deducted from each individual payment/cheque received.

1.21 You confirm that you authorise FTR to request any relevant documentation or information from yourselves or HMRC to enable us to secure your refund for you.

1.22 You agree that any delay, for whatever reason, in obtaining information from yourselves or HMRC can result in a delay in FTR securing your refund.

1.23 You agree that any estimation of your total refund or average refund figures printed on our website, given by email or phone, using any online calculators or documentation sent out to you is not a guarantee of the amount you will receive and is an estimated figure.

1.24 Any timescales quoted for the completion and successful reclaiming of your refund are estimated timescales. FTR always aim to secure and finalise each claim as fast as possible. However, delays can occur. These are normally due to HMRC taking longer to process claims due to processing backlogs.

1.25 It is the Client's responsibility to calculate if the transfer of the marriage tax allowance is beneficial for them prior to claiming with FTR.

1.26 FTR reserve the right to cancel your claim at any given time should you breach any of our terms and conditions or any other reason within our discretion.

1.27 You give FTR authority to act on your behalf with HMRC and appoint us as your nominee.

1.28 While we have authority on your tax claim , if you receive any tax benefit sent to us from HMRC either paid direct to you or to us on your behalf, you will be liable to our fees set out in clause 2. If the authority is removed but you subsequently receive a tax benefit from a claim made prior to removal, you will still be liable to our fees set out in clause 2.

1.29 You are able to remove our authority with HMRC following your claim if you wish by informing us, as well as writing directly to HMRC at: Pay As You Earn and Self-Assessment, HM Revenue and Customs, BX9 1AS.

2. FTR FEES

Example 1. Tax Rebate is in excess of the minimum charge

Refund Received
Tax Refund: £1000.00
Fee charged @ 30%: £300.00
VAT @ 20%: £60.00
Total Fee (Fee + VAT): £360.00
Consumer Receives: £640.00

Example 2.Tax Rebate is equal to the minimum charge

Refund Received
Tax Refund: £30.00
Minimum Fee charged: £25.00
VAT @ 20%: £5.00
Total Fee (Fee + VAT): £30.00
Consumer Receives: £0.00

Example 3.Tax Rebate less than the minimum charge

Refund Received
Tax Refund: £18.00
Minimum Fee charged: £15.00
VAT @ 20%: £3.00
Total Fee (Fee + VAT): £18.00
Consumer Receives: £0.00

2.1.2 If you are paid by the HMRC directly as a result of your claim FTR has made on your behalf, you will inform us immediately. If disclosure is not received within a reasonable timescale our fee is calculated upon the overall average amount a client received/disclosed within the financial year to which the claim is applicable. It will be determined that a refund has been paid directly to you if FTR has been informed by HMRC that this is the case and/or FTR has not received an outcome from HMRC within 9 months of submitting your claim to HMRC and you have not disclosed to us otherwise and our fee in accordance with clause 2.1 will be due.

2.3 You understand that If you have a successful claim FTR will run ID Verification checks (required by the HMRC) which means that there could be a soft search on your credit file. This will not affect your credit rating.

3. DISCLAIMER

3.1 FTR is not responsible for the refund of tax or the rejection of a claim where:

3.2 The Client(s) has provided information which that is false, incorrect, inaccurate, insufficient or misleading in any way.

3.3 The Client(s) has already applied for and/or received a refund of tax prior to making a claim with us.

3.4 The Client(s)owes money to HMRC.

3.5 HMRC has information that is different to that provided by you.

3.6 If HMRC determine that a refund of tax has been made incorrectly and ask for it to be paid back. FTR are under no obligation to refund our fee in this instance however where possible, we will do so.

3.7 You are aware that you can submit a claim directly to HMRC for free however by claiming with us, you are agreeing to use our services to recover any overpaid tax to you.

4. DEED OF ASSIGNMENT

You, Partner 1 and partner 2, authorise HMRC to send your refund directly to Fast Track Reclaim (FTR) for FTR to deduct the agreed fee above and forward your refund to you.

5. REGULATORY BODIES

Fast Track Reclaim is a trading name of Quickly Finance Limited who are authorised and regulated by the Financial Conduct Authority FRN836013. We are registered with the Data Protection Controller and will always endeavour to keep all of your personal information secure and safe. We are registered as an Agent with HMRC and registered with HMRC Anti-Money Laundering Supervision service registration number XZML00000158662.

6. CONCERNS ABOUT OUR SERVICE

Alternatively you may register your complaint via email to complaints@fasttrackreclaim.com, or via the telephone on 0333 212 1265. We will acknowledge your complaint within 5 working days and advise you of how we plan to resolve your concerns at the earliest opportunity. A copy of our Internal Complaints Procedure can be found in our Customer Information, and is also available upon request.

7. AGREEMENT

If you have any queries relating to these terms and conditions then please contact FTR on 0845 459 8895 before signing.

8. TERMINATION

8.1 Once you have provided your instructions to FTR and the claims process has begun you will have 14 days to cancel the agreement without any consequence or charge. This process is known as 'cooling off', and where FTR are instructed to do so, they will acknowledge that the agreement has been terminated in writing. After the cooling-off period has passed, you may request to cancel and no further work will be carried out on your behalf, however, if we are notified that your claim has been successful and you have received an offer from HMRC, you will be liable to pay a contingency fee as detailed in section 2.

8.2 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 at clause 2 opposite. Termination of this agreement following such success will still incur the appropriate fee as outlined in clause 2 of this agreement.

8.3 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.

Working From Home Terms & Conditions

DEFINITIONS

This Agreement forms a contract between you the ‘Client(s)’ and Fast Track Reclaim (FTR). Fast Track Reclaim is a trading name of Quickly Finance Limited whose address is Fast Track Reclaim, Fast Track House, Pearson Way, Thornaby, Stockton on Tees, TS17 6PT. You should not sign this contract until you have read the agreement and services that FTR provide, including any fees payable to them. Please note that you have a 14 day cooling off period to withdraw from the contract. ‘Instruction’ means your instruction to us to commence the services contained within these Terms, Your instruction is given once you provide your signature on our web form or via a wet signature on this form. Once you provide FTR with your instruction you agree to and are bound by the FTR Terms and Conditions.