THIS DOCUMENT SETS OUT THE TERMS UPON WHICH YOU APPOINT
WT TO ACT FOR YOU.
(i) “Agreement” means the Engagement Letter and these Terms.
(ii) “Claim” means your Claim(s) against the Creditor(s) relating to the mis-selling of a
PPI policy or policies or a Packaged Bank Account (PBA) on any account with that
Creditor, including unfair commission charges.
(iii) “Claim Service” means identifying whether PPI or a PBA was sold, preparing,
submitting and negotiating your Claim(s) to the Creditors.
(iv) “Cooling Off Period” means 14 days from the date on which you enter into this
agreement with us during which time you may cancel the Claim(s) free of charge
(v) “Compensation” means any and every financial benefit that is awarded to you (in
each and all cases before the deduction of any applicable tax) directly or indirectly arising
from or in connection with, and at any time following, a claim for redress instigated or
dealt with by us for you, in relation to any PPI policy, PBA or any other financial or
insurance product. Compensation includes, for example, all: (i) refunds (ii) repayments
(iii) interest (iv) compensation for interest, charges and other sums paid or lost (v) sums
paid following actual or purported reconsideration of previously rejected claims for
redress and (vi) ex gratia payments and “distress and inconvenience” payments.
Compensation includes any cash payment, any credit to a loan, bank, credit card or other
account (including any accounts you did not identify or specify to us) and any off-set of
any arrears or reduction of overdraft on any such accounts.
(vi) “Creditor” means the financial institution to whom the Letter of Authority is
addressed being the bank, lender, credit card, store card, loan, insurer, underwriter or
other organisation that provided/sold the PPI policy or PBA and/or applied unfair or
(vii) “Instruction” means your Instruction to WT to commence the Claim Service
contained in these Terms…
(vii) “Letter of Authority” means the document to be sent to the Creditor containing your
authority for WT to act on your behalf.
(viii) “PBA” means Packaged Bank Account.
(ix) “PPI” means Payment Protection Insurance.
(x) “PPI Questionnaire” means the PPI/FOS/Lender questionnaire form(s) that have been
filled out by WT using information you have given during the Claim Service process
which may be used by WT to refer your Claim(s) to the Creditor and/or the FOS.
(xi) “Terms” means these terms and conditions.
(xii) “WT” means Wilson Tarquin Ltd (company registration number 07048521) (and
references to ‘we’ and ‘us’ are references to WT).
(xv) “you” and “your” means the account/policy holder(s) whose details are set out in the
Letter of Authority and who have appointed WT to act on their behalf.
WHAT WT (‘WE’ ‘OUR’ OR ‘US’) WILL DO FOR YOU
1. CLAIM SERVICE
A. These are the terms on which WT agrees to provide the Claim Service(s) and you
agree both to be bound by them and to acknowledge them once we have received your
Instruction to proceed with your Claim(s). In doing so You give WT your consent and
full authority to deal with creditors on your behalf and obtain relevant information.
B. You acknowledge that you are aware that You could complain directly to Your
Creditor(s) at no cost and, if necessary, pursue your complaint with the FOS or via a
County Court. More information relating to FOS can be found at its website
C. We will not process your Claim(s) until we receive Your signed Instruction.. Upon
providing your signed Instruction to us you will be bound by this Agreement.
D. Where we believe that a PPI policy or PBA may have been mis-sold to you, we will
prepare a detailed claim and present it to your Creditor(s). Thereafter, we will correspond
and negotiate with your Creditor(s) to endeavour to obtain Compensation for you,
consisting of a reimbursement of any PPI premiums or PBA charges paid on those
agreements plus statutory interest. However, in establishing the existence of a PPI policy
or PBA, we do not warrant that your Creditor(s) have necessarily mis-sold any PPI or
PBA to you.
E. We will update you on the current stage of your Claim whenever any progress is made
or every six months, whichever is more frequent.
F. Where we believe it would be in your best interests to do so we reserve the right to
refer you to a nominated third party to pursue any or all of your Claims on your behalf. If
you accept such a referral and enter into a contract with that third party these terms and
conditions will cease to apply (but only in relation to the Claim(s) which are the subject
of the referral) and the third party’s terms and conditions of business will instead apply
from that time. The third parties to whom we may refer your claim are listed in our
and a copy of which is also provided with these terms and conditions and to which your
attention is drawn.
G. We will inform you of any offers received from your Creditor(s) and tell you whether
we consider them to be acceptable.
H. If your Creditor pays Compensation direct to WT, we will arrange to forward the
balance of your Compensation as soon as possible after deduction of any fee due for our
Claim Service. You agree to the deduction of any fees by us in these circumstances.
Icredit agreements) to you. However, we will return any documents you provide to us for
identification purposes, such as a passport, a driving licence or birth / marriage
J. We reserve 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.
2. WHAT WT WILL NOT DO FOR YOU
A. We will NOT advise you to accept an offer that we consider inadequate or advise you
to reject an offer that we consider to be reasonable.
B. We will NOT accept an offer without your agreement.
C. We will NOT give or offer you financial advice.
D. We will NOT offer legal advice in the event of it becoming apparent that your claim
should go to court. Nor will we commence legal proceedings on your behalf as this is
outside the scope of our services. However, if your case meets certain criteria, we may
offer you a referral to a firm of solicitors so that your Claim can be pursued in court.
3. WHAT YOU AGREE TO DO
A. To provide us with all relevant information and items we request to enable us to
pursue your Claim(s) including all documents in your possession relevant to your
Claim(s) or which evidence any aspect of your Claim(s).
B. To send us any correspondence you receive directly from your Creditors in relation to
a credit agreement or PPI policy or PBA that is the subject of a Claim.
C. Not to ask us to work in an improper or unreasonable way or to mislead us.
D. You agree that we may enter into correspondence and negotiations on your behalf
with your Creditor(s) about your Claim(s) and you authorise the release to us of any such
information we deem appropriate.
E. You agree that we may receive, bank and give valid receipt for your Compensation
payment (where a Compensation payment is made directly to us by any of your
F. You agree that any Compensation payment may be made direct to us and that we may
deduct our fees and forward the balance to you. If your Creditor refuses to send the
Compensation payment to us, you agree to notify us of you receiving your Compensation
or any off-set against arrears on your account within 3 days of receipt. You also agree to
account to us for our fees once you have received payment of your Compensation. You
keep the rest. If you fail to make payment of any outstanding fees, we reserve the right to
take legal action to recover our fees from you and in these circumstances you may be
charged a fee for any legal action, additional work carried out or any costs we incur in
pursuing you for payment including any legal costs. We may also cease acting for you in
connection with any other Claim(s).
G. To provide us with truthful, full and accurate information (including all documents
that may be relevant to your Claim(s)) and not to attempt to or actually mislead us in any
way or provide us with information you believe to be untrue or to conceal from us any
information you believe to be true. Not to provide us with inaccurate documents or fail to
provide us with documents you believe to be relevant.
H. Not to appoint (or continue to appoint) any other claims handling business or any
other person, firm or company to provide the services we provide under our agreement with you during the term of our Agreement with you. You agree that where – prior to
appointing us as your representative – you have appointed another claims handling
business or person(s) to provide the services we provide under our Agreement with you,
our appointment shall supersede and revoke any previous appointment(s) you have made.
You also agree that if you were to appoint any other person, firm or company to provide
the services we provide under our Agreement with you, and you fail to notify us that you
have appointed the other person, firm or company, then you will be liable to pay our fee
of 24% (including VAT) of any gross offer of Compensation from your Creditor(s)
resulting from work you had already instructed us to commence for you in respect of a
PPI policy and a fee of 48% (including VAT) of any gross offer of Compensation from
your Creditor(s) resulting from work you had already instructed us to commence for you
in respect of a PBA.
I. You agree that if you accept an offer of Compensation in respect of a mis-sold PPI
policy or PBA, your PPI policy or PBA is likely to be cancelled. In these circumstances
you agree that it is your responsibility to check whether any alternative insurance cover
or banking facilities may be necessary or appropriate for you and, if so, to arrange
suitable alternative insurance cover and/or banking facilities.
4. OUR FEES
A. We charge a total fee of 24% (including VAT) of the gross Compensation in relation
to a PPI policy awarded to you by Your Creditor(s) (“the Success Fee”). The total you
will therefore be charged, including VAT at the current rate, is 24% of any gross
Compensation which is awarded to you. This is equivalent to £240.00 for every
£1,000.00 of Compensation. For example, if Compensation of £3,000.00 is awarded to
you, you would pay £720.00 including VAT.
B. We charge a total fee of 48% (including VAT) of any gross Compensation in relation
to a PBA awarded to you by Your Creditor(s) (“the Success Fee”). The total you will
therefore be charged, including VAT at the current rate, is 48% of any Compensation
which is awarded to you. This is equivalent to £480.00 for every £1,000.00 of
Compensation. For example, if Compensation of £3,000.00 is awarded to you, you would
pay £1,440.00 including VAT.
C. Each claim for Compensation in relation to each PPI policy, PBA or other financial
product will be defined as a “Relevant Claim”. Once you have received Compensation in
relation to a Relevant Claim you will immediately be liable to pay the Success Fee in
relation to that Relevant Claim.
D. This is a ‘no win no fee’ agreement. In relation to each Relevant Claim, provided you
do not cancel or terminate this Agreement, the only fee you will be charged in relation to
that Relevant Claim is the Success Fee. However, if you cancel or otherwise terminate
this Agreement, more than 14 days after instructing us to provide our Claim Service but
before either: (i) a Success Fee becomes payable in relation to a Relevant Claim or (ii) we
have notified you that we do not intend to pursue that Relevant Claim any further, we
may charge you a fee (the “Cancellation Fee”) in relation to that Relevant Claim. The
Cancellation Fee will be calculated and charged in accordance with 5 below.
E. Where Compensation is paid to you (or at your request or direction, or to anyone else
acting on your behalf) you will immediately pay us the relevant Success Fee. If
Compensation is paid to us, you authorize us to deduct the Success Fee before passing on
the balance of the Compensation to you (which we will do as soon as reasonably
F. If you are in arrears with your loan, hire purchase, mortgage or credit card repayments
or if your PBA is overdrawn, a creditor may use some or all of any Compensation to offset
your arrears or reduce your overdraft. In these circumstances you will remain liable
immediately to pay the Relevant Success Fee.
G. If you are more than one person, “you” means both of you jointly and each of you
severally; and each of you is and are jointly and severally liable for any and all amounts
you owe us. This means, for example, that we can collect all our Success Fee in relation
to any Relevant Claim from either of you, and this will be the case even if some or all of
the Compensation in relation to any Relevant Claim is paid to the other joint account
H. If you fail to notify Us that you are bankrupt, or in an IVA, or in a Scottish Trust Deed
or in a Debt Management plan, you will still be liable to pay our Success Fee in the event
that you are awarded Compensation even though you may not receive any of the
Compensation yourself. For example, if Compensation worth £1,000.00 is awarded to
you whilst you are in an IVA, a Scottish Trust Deed or Debt Management Plan under
which you owe £3,000.00 to your Creditor(s), your Creditor(s) may choose to off-set
your Compensation against your arrears. If so, this would reduce your arrears to
£2,000.00. In those circumstances, you would not receive any cash payment “in hand”
but you would still be liable to pay £240.00 (24% including VAT at current rates) in
relation to a PPI policy or £480.00 (48% including VAT at current rates) in relation to a
I. We can deduct and retain any amounts you owe to us from any Compensation (or any
other amounts) we may receive on your behalf.
J. If any form of tax is payable by you or on your behalf in relation to any Compensation
(such as income tax which is payable by you in respect of the interest included in your
Compensation) you will be fully responsible for such payment and we shall have no
responsibility to make such deduction or payment on your behalf. If such tax is deducted
or withheld from your Compensation before it is paid to you, this will not affect the
Success Fee (so that for example, if Compensation of £1000 is awarded to you, but tax of
£50 is withheld, so you actually receive £950, our Success Fee, including VAT at current
rates, will be £240.00 (being 24% of £1000) in relation to a PPI policy or £480.00 (being
48% of £1000) in relation to a PBA.
5. CANCELLING THIS AGREEMENT
A. You have a right to cancel your Agreement with us at any time. You can do this by
notifying us via telephone, email or post using the contact details in clause 9. You can
also do this by signing and sending us the cancellation form contained in the pack we
B. If you cancel your claim(s) within the 14 day Cooling Off Period you will owe WT
C. If you cancel your Claim(s) at any time after being notified that an offer of reasonable
Compensation is due to you, you will be liable to pay WT’s Success Fee.
D. If you cancel or terminate your Agreement with us after the expiry of the Cooling Off
Period, a Cancellation Fee may be charged. The Cancellation Fee in relation to each
Relevant Claim will be determined according to E below. If you ask us to provide our
Claim Service but later fail, when asked, to provide us with any document or information
necessary to enable us to pursue a Relevant Claim, we may assume that you wish to
cancel our Claim Service and, in these circumstances, subject to clause 5B, we may
charge a Cancellation Fee.
E. (i) Subject to 5B and to (iii) below, if we have obtained relevant information from you
and submitted the Relevant Claim
H. If in our opinion any Relevant Claim does not have a reasonable chance of success
(better than 50:50) or where the likely amount of Compensation does not justify the work
necessary by us to pursue it or is less than any arrears on your account, we reserve the
right to advise you accordingly and cease acting for you in relation to such Relevant
I. ‘No Win, No Fee’ – in the event that we advise you that we are unable to assist you in
pursuing any Claim(s), no fee will be payable by you provided that you have not
breached your duties set out at paragraph 3. However, in accordance with this clause 6,
our ‘No Win, No Fee’ policy may not apply if you cancel your Claim(s) after you have
been offered or awarded Compensation from your Creditor(s).
6. EXCLUSION OF LIABILITY
If the supply of the Claim Service is adversely affected by or prevented or delayed by any
act or omission of you, your agents, advisers or third parties, we shall not be liable for
any costs, charges or other losses sustained or incurred by you or for any failure in
negotiating a settlement of your Claim(s) in full or in part arising directly or indirectly
from such prevention or delay.
7. DATA PROTECTION
The information that we gather about your personal and financial situation may be
classed as “personal data” or “sensitive personal data” under the General Data Protection
Regulation 2016/679 and the Data Protection Act 2008. By returning a signed
Engagement Letter and/or Letter of Authority to us and entering into this Agreement, you
give us permission to: Process your information (including gathering, recording or
holding it) in whatever way is necessary to enable us to carry out your Instruction(s);
Disclose your information to such parties and organisations as we believe is necessary to
enable us to provide the Claim Service to you; Hold your information for as long as is
necessary to provide the Claim Service or in line with our policies, whichever is longer;
Disclose Your information to organisations for the purpose of debt recovery in the event
you fail to pay our fees when due.. You can change your mind about us contacting you
for these reasons at any time by contacting us using the contact details set out in
8. APPLICABLE LAW
Our agreement with you shall be governed exclusively by the laws of England and
Wales. Any dispute between us and you arising under our Agreement with you shall be
subject to the exclusive jurisdiction of the courts of England and Wales. You can at any
time request from us a copy of all information that we have regarding you and correct
any inaccuracies in it. If you provide information to us about another party, you confirm
that such party authorised you to do so and consents to our processing that personal
You can make a complaint about any part of our service by using our internal complaints
procedure. You can do this by post to: Wilson Tarquin Ltd, 1st Floor, Magnetic House,
Waterfront Quay, Salford Quays, Trafford Road, Manchester, M50 3XW, or by email to
email@example.com or by telephone on 0161 751 7045. You can also
find a copy of our Complaints Procedure at www.wilsontarquin.co.uk. We will send an
acknowledgement within 5 business days from receipt of your complaint by email, phone
and or letter. Your complaint will be investigated by a member of our complaint handling
team. We will be as thorough as possible and aim to resolve your complaint promptly,
giving you reasons for our decision. We will endeavour to issue our Final Response
within 8 weeks and if we need further time to investigate we will advise you in writing.
We will write to you with a full account of our investigation and our decision. If we are
unable to resolve your complaint you may refer your Complaint to the Financial
Ombudsman Service. You must do this within 6 months of our final response to your
complaint. The Financial Ombudsman can be contacted by phone on 0800 0234567 or by
email at firstname.lastname@example.org or by post to The Financial
Ombudsman Service, Exchange Tower, London E14 9SR
A. The provisions of this Agreement shall subsist after termination to the extent
necessary to give fullest effect to its terms and intent. Without prejudice to the generality
of the foregoing, but for the avoidance of doubt, clauses 4, 5, 6, 7, 8, 9 and 10 shall do so.
B. If any part of our Agreement with you or any part of these Terms are held by any court
to be wholly or partly void or unenforceable, the other provisions and the rest of the
affected provisions shall continue to be valid.
C. Nothing in our Agreement with you excludes or limits any party’s liability for
fraudulent representation or other frauds.
D. Failure or delay in exercising our rights shall not amount to waiving those or other
E. Persons other than you and us have no rights to enforce our Agreement with you.
F. Our Agreement with you supersedes prior communications between you and us.
G. Subject to any time limits which may apply to your Claim(s) and subject to this
Agreement you have the right to seek advice concerning your Claim(s) from third parties
and/or to solicit claims handling services elsewhere.
H. References to “you” in this document includes all persons who have signed a copy of
our Engagement Letter and/or Letter of Authority.
Wilson Tarquin Ltd is regulated by the Financial Conduct Authority (FCA) in respect of
regulated claims management activities. Our authorisation number is FRN 838661 and
our registration details can be confirmed on the Regulator’s website: www.fca.org.uk