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”).
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.
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
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.
a. You can make a complaint about FTR’s service by email: 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 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
1. This is a Damage Based Agreement made pursuant to the Damages-Based Agreements Regulations 2013 (SI 2013/609). This Agreement is intended to create a contract enforceable at law.
2. The General Terms & Conditions for the Supply of Legal Services by Fast Track Solicitors ("FTS") are set out in Annex A of this Agreement (“the Standard Contractual Terms”) and are incorporated into, and apply to, this Agreement, save as amended by the terms of this Agreement, and save where inconsistent with the terms of this Agreement in which event the terms of this Agreement shall prevail.
3. The definitions used in the Standard Contractual Terms apply to this Agreement, save as otherwise indicated.
4. “The Defendant” is the lender against whom FTS is instructed to pursue the case.
5. “The Case” for the purpose of specifying the claim or proceedings or parts of them to which this Agreement relates as required by regulation 3(a) of the Damages Based Agreements Regulations 2013 is as follows:
- The Client’s claim against the Defendant for the recovery of any damages relating to a claim against the lender.
- This Agreement relates to pre-action correspondence. Pre-action correspondence is any correspondence up until the point of legal proceedings. All legal proceedings up to Judgment or settlement.
6. This Agreement contains the terms and conditions upon which FTS agrees to act in the Case on behalf of the Client on a contingency basis, so that FTS will be paid the agreed percentage of the Client’s financial benefit from the Case if the Case is concluded with the recovery to the Client of a financial benefit, or settled upon terms which include the payment to the Client of that financial benefit. FTS will receive nothing if no financial benefit is recovered.
7. The Services of FTS will comprise the following in the Case:
- Pre-action correspondence.
- Any referral to the Financial Ombudsman Service.
FTS does not agree to undertake:
- Any work or provide any services, pursuant to this agreement after issuing legal proceedings.
- Any work or the services of enforcement, of which services will be conducted pursuant to a separate fixed fee agreement as appropriate.
- Any work relating to an appeal which will be conducted pursuant to a separate agreement as appropriate.
8. Pursuant to regulation 3(b) of the Damages Based Agreements Regulations 2013 this Agreement must specify the circumstances in which JJL’s payment, expenses and costs, or part of them are payable. If the client wins the case, meaning that the Defendant agrees to pay, or is ordered to pay, a sum by way of financial benefit to the Client, the Client shall pay to JJL on a staged basis the following:
- 20% plus VAT (totalling 24%) of any damages or financial benefit received if the matter is settled before the commencement of legal proceedings, OR
- 35% plus VAT (totalling 42% ) of any damages or financial benefit received if the matter is settled or Judgment obtained after legal proceedings are commenced.
By way of example: The Client wins the case at court after legal proceedings are issued receiving a financial benefit of £5,000. JJL is entitled to 35% plus VAT of the above sum - £2,100. The Client will not be liable for any sums greater than this amount.
9. Pursuant to regulation 3(c) of the Damages Based Agreements Regulations 2013 this Agreement must specify the reason for setting the amount of the payment at the level agreed. The reasons for setting the fee at the amounts specified at paragraph 8 are as follows:
- The services of FTS are of extremely high quality with a dedicated service team who aim to deal with any response within 4 working days.
- Solicitors of at least 3 years qualification will be allocated to the case which reflects the complexity and need for highly skilled staff to work on your matter. Such Solicitors will be readily available to discuss any matters as and when they arise. Solicitors are supported by highly trained and experienced Paralegals.
- The risk of the case not being successful and the uncertainty of the legal position regarding Partial Offers / Plevin redress / Lender behaviour in this area generally.
- The all-inclusive costs for the solicitor under the DBA including any disbursement costs including Counsel Fees being on a No Win No Fee.
- The development costs of a bespoke Case Management System to enable you as a client to receive an exceptionally high service.
- The uncertainty of the amount which will be recovered (if anything) at the point of us accepting the case on a no win no fee basis.
- Other solicitors fees charges who operate in this market and the need to remain competitive and deliver a high quality service.
- Any marketing / referral costs which also can fluctuate.
10. If you do not wish to enter into the Damages Based Agreement and would prefer us to work on a private fee paying agreement then please notify us by email to email@example.com and arrange a payment of £1,000 on account of legal costs. We do however consider a no win no fee agreement is suitable for you taking account of the potential for the case not being successful and in these circumstances no fees being payable, the likely time we require to complete the matter, the likelihood of legal proceedings and requirement to make payment of monies up front if you do not wish to work on a no win no fee. Other persons may not however prefer this way and may wish to engage us on a private fee paying basis. If that is the case we will require an upfront payment on account of costs of £1,000 plus VAT.
11. If proceedings are required to be issued we may require you to enter into a different agreement. The option to purchase after the event insurance will also be discussed with you at this point.
Legal Services Contract
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
- Joseph James Law
- 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 include:
- 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.
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 of any damages recovered. Please see the enclosed DBA with further details of the agreement.
Please consider whether the potential outcomes of your legal case justifes 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 myself 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.
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 0203 861 5400, email firstname.lastname@example.org or send a letter to us at Challenge House, Sherwood Drive, Milton Keynes, MK3 6DP. Please use the words “I wish to cancel the agreement with Joseph James Law and they should cease acting on my 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.
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
Joseph James Law 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:
- 100% Endurance International Insurance Co Ltd
- Reference: PI18END1353
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.
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 | email@example.com
In the event that you wish to engage with Alternative Dispute Resolution bodies instead of the Legal Ombudsman Service then Joseph James Law 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. The fee we will receive is £175 plus VAT. 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.