Terms & Conditions
The terms and conditions set out by Reclaim in Spain may vary depending on the type of claim we are potentially dealing with on your behalf.
Below, you will see the full terms and conditions for both:
If you are unsure which of these apply to you, then contact us immediately and a member
of the team will be more than happy to help.
1. Home Finance Claims
1. Process
a. We, The Claims Bureau (hereafter known as Reclaim in Spain) offer services in relation to processing,
assessment and claims management of irregularities in the sale and processing of financial products and
services.
b. TCB will assess your application. If we feel that your claim meets the criteria laid out in the
application form, we will either process it ‘in-house’ or work with a specialist Solicitor (also known as a
Tertiary Claims Processor or TCP), who will process and submit the claim. If a Solicitor is engaged, they will
issue you their own contract and new terms and conditions, which will supersede ours. You will be notified
promptly should we decide not to progress your claim.
c. The claim will be sent to a TCP in the event the
claim may require litigation or the need for potential litigation.
d. TCB will not issue nor pursue legal
proceedings on any case; however a Solicitor may decide that this is the best chance of bringing a successful
resolution to your complaint. Should they feel this course of action is necessary, they will contact you
directly.
e. In the event that you do not wish to contract with the TCP, your claim will be closed and there
will be no cost to you.
2. Definitions
a. “Application” is the initial application
pack which we use to assess the potential for a claim.
b. “Claim” means your claim or claims against the
company or companies relating to the mis-selling of a mortgage. An application becomes a claim when we have
identified that a regulated broker or financial advisor was involved in advising you to take out a regulated
mortgage contract to fund an overseas property purchase, post 31st October 2004.
c. “Claims Pack” means the
forms to be completed by you, required for TCB to initiate the claims process, either sent out by post or
downloaded from our website directly.
d. “Company” means the financial institution or organisation that we are claiming against.
e. “Compensation” means any sums paid or given in respect of a settlement, goodwill gesture, policy refund or rebate.
f. “Cooling off Period” means 14 days from the date the form of authority
is signed, during which you may cancel this agreement free of charge.
g. “Fee” means the amount of commission
payable to TCB upon completion of a successful claim.
h. “Form of Authority” means the letter included in the
claims pack that allows TCB to act on your behalf to obtain information regarding your claim.
i. “Services”
means the services provided by TCB including assessing the viability of, preparing, submitting and negotiating
your claim.
j. “Tertiary Claims Processor (TCP)” means a Solicitor or agent who TCB may refer your claim to
for processing. Should this occur, you will be issued with revised Terms and Conditions from the TCP.
k. “You” means the account holder(s) whose details are set out in the letter of authority and who have appointed
TCB to act on their behalf.
3. Fees
a. If TCB or the TCP undertakes all of the
services and is not successful in obtaining compensation then no fee will be payable to TCB or the TCP.
b. A fee of 35% of the compensation received, plus IVA (VAT), is payable to The Claims Bureau Ltd or the appointed TCP, if
the claim is successful. For example, if we succeed in obtaining £1,000 in compensation, the fee would be £420
(£350 plus £70 VAT) and you would receive the balance of £580. If we succeed in obtaining £10,000 in
compensation, the fee would be £4,200 (£3,500 plus £700 VAT) and you would receive the balance of £5,800. No fee
will be charged if the claim is unsuccessful. For the avoidance of doubt, should TCB engage the services of a
TCP, only one fee will be payable which will be explained within the TCP’s Terms and Conditions, therefore you
will not have to pay the TCP and TCB each a fee.
c. You agree to the company remitting the compensation to
TCB or the TCP, and for TCB or the TCP to retain the fee before paying the balance of the compensation to
you.
d. TCB or the TCP will as soon as is reasonably practicable following the settlement of a claim and a
payment of compensation by the company to TCB or the TCP, pay you the balance of the compensation, after
deducting the fee.
e. Fees become due and payable within 10 working days from the point that TCB, the TCP or
you have received the compensation.
f. If the compensation is paid directly from a company to you, TCB or the
TCP will invoice you for the fee which will become immediately due and payable by you within 10 working days of
the date on the invoice to TCB or the TCP.
g. The fee is set at 35% + IVA (VAT) because; a) TCB carries the risk of
the claim through until the final judgement. If at any stage the complaint is rejected, no fee is payable by you
as our client; b) TCB will, from time to time, need to instruct or source a Barrister or other expert opinion in
relation to your claim. This is done at no additional cost to you as our client.
4. Cancellation Rights and Charges
a. You or TCB can cancel this agreement at any time and no fee will be payable by
you if we think there are no grounds for a complaint or that your claim is unlikely to succeed. TCB can cancel
this agreement immediately by giving you notice if: (i) there occurs any material breach by you of any term of
this agreement which is irremediable, or if remediable is not remedied to TCB satisfaction within 30 working
days of a written notice by the company specifying the breach and requiring it to be remedied; or (ii) You (or
either of you) are declared bankrupt.
b. You may cancel the agreement in writing at any time during the 14
working day cooling off period and you will owe TCB nothing. TCB may at its discretion decide not to proceed
with a claim and cancel this agreement at any time during the claims process but must act reasonably in taking a
decision and you will owe TCB nothing.
c. If you cancel this agreement at any time after the 14 working day
cooling off period for any reason, TCB may charge a reasonable cancellation charge for costs and work undertaken
to the point of cancellation. The cost will be charged at £15‐00 per hours work with a maximum charge of
£150‐00 (10 Hours). TCB has the right to terminate this agreement if you do not return documents that are
required to complete your claim. TCB may charge a cancellation fee for costs and work undertaken to the point of
cancellation.
d. TCB will be entitled to charge you the full fee if compensation or an offer for compensation
has been received by you or TCB before you cancel the contract. TCB may at its discretion decide not to proceed
with a claim and cancel this agreement at any time during the claims process but must act reasonably in taking a
decision. If this occurs, no fee will be charged.
5. You Acknowledge and Agree
a. That you are aware that you could complain directly to the company or the Financial Services Compensation Scheme
(FSCS) at no cost, with the ability to take matters further with the Financial Ombudsman Service, yet you have
chosen to pursue your claim via TCB.
b. That by signing and returning a copy of our Terms of Instruction, you
agree to be bound by these terms and appoint TCB to provide services for such a period as to allow them to
assess and, if reasonably possible, complete the claim, subject to the statutory cooling off period of 14
working days and ongoing right to cancel at any time.
c. That by completing and signing the Form of Authority
you give TCB your consent and full authority to deal with a company on your behalf and to obtain relevant
information from any source on a continuing basis.
d. To ensure the information contained in the claims pack
is accurate.
e. To deal promptly with requests by TCB for authority, information, documents or further
instructions that TCB may require.
f. To promptly inform TCB of any relevant matters affecting the claim,
such as direct contact from your mortgage broker, lender or regulatory body.
g. To give TCB the right to deal
exclusively with the claim, unless otherwise agreed in writing by you and TCB.
h. You will not be liable for
any fees or charges if the claim is pursued and no compensation is paid except if this agreement is cancelled in
accordance with clause 4, where a cancellation charge or the full fee may be payable.
i. TCB will make every
attempt to process your claim to a successful conclusion. However not all claims will be successful, and if this
is the case we will ensure that we notify you in a timely manner.
6. TCB will
a. Rely on the information and documents provided by you as being true, accurate and complete. TCB will not check such
information except where it is under a legal obligation to do so.
b. Use its reasonable endeavours to obtain
compensation for the claims which are pursued, but make no representation or warranty that compensation will be
obtained or is in any way guaranteed.
c. Promptly notify you if we decide not to pursue your claim.
d.
Promptly notify you of the outcome of the claim.
e. Preserve confidentiality, including your personal
information, save as expressly or implicitly authorised to the contrary including where disclosure is made at
your request or with your consent in relation to pursuing the claim or where otherwise required by
law.
7. Complaints
TCB will investigate complaints in accordance with the internal
complaints procedure shown in our client care letter (available on the website www.theclaimsbureau.co.uk) a copy
of which can be issued upon request and upon receipt of a complaint.
8. Law and Jurisdiction
The law applicable to this contract shall be the law of England and Wales and the
parties consent to the jurisdiction of the English courts in all matters affecting this
contract.
9. Arrears
In the event that you are currently in arrears with your lender
we would advise you to seek independent advice for these arrears and to contact your lender immediately to
discuss the situation. TCB cannot act on your behalf in relation to the arrears or the discharge of any such
arrears. In the event that you receive an award for compensation and you are still in arrears with your lender
then we recommended you contact your lender once you have received the award to discuss the matter
further.
2. Pension Claims
1. Process
a. We, The Claims Bureau Ltd
(hereafter known as Reclaim in Spain) offer services in relation to processing, assessment and claims management of
irregularities in the sale and processing of financial products and services.
b. TCB will assess your
application. If we feel that your claim meets the criteria laid out in the application form, we will either
process it ‘in-‐house’ or work with a specialist Solicitor (also known as a Tertiary Claims Processor or TCP),
who will process and submit the claim. If a Solicitor is engaged, they will issue you their own contract and new
terms and conditions, which will supersede ours. You will be notified promptly should we decide not to progress
your claim.
c. The claim will be sent to a TCP in the event the claim may require litigation or the need for
potential litigation.
d. TCB will not issue nor pursue legal proceedings on any case; however a Solicitor may
decide that this is the best chance of bringing a successful resolution to your complaint. Should they feel this
course of action is necessary, they will contact you directly.
e. In the event that you do not wish to
contract with the TCP, your claim will be closed and there will be no cost to you.
2. Definitions
a. “Application” is the initial application pack which we use to assess the potential
for a claim.
b. “Claim” means your claim or claims against the company or companies relating to the
mis-selling of a financial product. An application becomes a claim when we have identified that a regulated
financial advisor may have given unsuitable or negligent advice.
c. “Claims Pack” means the documentation TCB
sends you to initiate the claims process.
d. “Company” means the financial institution or organisation that
we are claiming against.
e. “Compensation” means any sums paid or given in respect of a settlement, goodwill
gesture, policy refund or rebate.
f. “Cooling off Period” means 14 days from the date the form of authority
is signed, during which you may cancel this agreement free of charge.
g. “Fee” means the amount of commission
payable to TCB upon completion of a successful claim.
h. “Form of Authority” means the letter included in the
claims pack that allows TCB to act on your behalf to obtain information regarding your claim.
i. “Services”
means the services provided by TCB including assessing the viability of, preparing, submitting and negotiating
your claim.
j. “Tertiary claims processor (TCP)” means a Solicitor or agent who TCB may refer your claim to
for processing. Should this occur, you will be issued with revised Terms of Instruction from the TCP.
k. “You” means the account holder(s) whose details are set out in the letter of authority and who have appointed
TCB to act on their behalf.
3. Fees
a. If TCB or the TCP undertakes all of the
services and is not successful in obtaining compensation then no fee will be payable to TCB or the TCP.
b. A fee of 15% of the compensation received (plus VAT) is payable to The Claims Bureau Ltd or the appointed TCP, if
the claim is successful. For example, if we succeed in obtaining £1,000 in compensation, the fee would be £180
(£150 plus £30 VAT) and you would receive the balance of £820. If we succeed in obtaining £10,000 in
compensation, the fee would be £1,800 (£1,500 plus £300 VAT) and you would receive the balance of £8,200. No fee
will be charged if the claim is unsuccessful. For the avoidance of doubt, should TCB engage the services of a
TCP, only one fee will be payable which will be explained within the TCP’s Terms and Conditions, therefore you
will not have to pay the TCP and TCB each a fee.
c. You agree to the company remitting the compensation to
TCB or the TCP, and for TCB or the TCP to retain the fee before paying the balance of the compensation to
you.
d. TCB or the TCP will as soon as is reasonably practicable following the settlement of a claim and a
payment of compensation by the company to TCB or the TCP, pay you the balance of the compensation, after
deducting the fee.
e. Fees become due and payable within 10 working days from the point that TCB, the TCP or
you have received the compensation.
f. If the compensation is paid directly from a company to you, TCB or the
TCP will invoice you for the fee which will become immediately due and payable by you within 10 working days of
the date on the invoice to TCB or the TCP.
g. The fee is set at 15% + VAT because; a) TCB carries the risk of
the claim through until the final judgement. If at any stage the complaint is rejected, no fee is payable by you
as our client; b) TCB will, from time to time, need to instruct or source a Barrister or other expert opinion in
relation to your claim. This is done at no additional cost to you as our client.
4. Cancellation Rights and Charges
a. You or TCB can cancel this agreement at any time and no fee will be payable by
you if we think there are no grounds for a complaint or that your claim is unlikely to succeed. TCB can cancel
this agreement immediately by giving you notice if: (i) there occurs any material breach by you of any term of
this agreement which is irremediable, or if remediable is not remedied to TCB satisfaction within 30 working
days of a written notice by the company specifying the breach and requiring it to be remedied; or (ii) You (or
either of you) are declared bankrupt.
b. You may cancel the agreement in writing at any time during the 14
working day cooling off period and you will owe TCB nothing. TCB may at its discretion decide not to proceed
with a claim and cancel this agreement at any time during the claims process but must act reasonably in taking a
decision and you will owe TCB nothing.
c. If you cancel this agreement at any time after the 14 working day
cooling off period for any reason, TCB may charge a reasonable cancellation charge for costs and work undertaken
to the point of cancellation. The cost will be charged at £15-00 per hours work with a maximum charge of £150-00
(10 Hours). TCB has the right to terminate this agreement if you do not return documents that are required to
complete your claim. TCB may charge a cancellation fee for costs and work undertaken to the point of
cancellation.
d. TCB will be entitled to charge you the full fee if compensation or an offer for compensation
has been received by you or TCB before you cancel the contract. TCB may at its discretion decide not to proceed
with a claim and cancel this agreement at any time during the claims process but must act reasonably in taking a
decision. If this occurs, no fee will be charged.
5. You Acknowledge and Agree
a. That you are aware that you could complain directly to the company or the Financial Services Compensation Scheme
(FSCS) at no cost, with the ability to take matters further with the Financial Ombudsman Service, yet you have
chosen to pursue your claim via TCB.
b. That by signing and returning a copy of our Terms of Instruction, you
agree to be bound by these terms and appoint TCB to provide services for such a period as to allow them to
assess and, if reasonably possible, complete the claim, subject to the statutory cooling off period of 14
working days and ongoing right to cancel at any time.
c. That by completing and signing the Form of Authority
you give TCB your consent and full authority to deal with a company on your behalf and to obtain relevant
information from any source on a continuing basis.
d. To ensure the information contained in the claims pack
is accurate.
e. To deal promptly with requests by TCB for authority, information, documents or further
instructions that TCB may require.
f. To promptly inform TCB of any relevant matters affecting the claim,
such as direct contact from your Independent Financial Advisor, lender or regulatory body.
g. To give TCB the
right to deal exclusively with the claim, unless otherwise agreed in writing by you and TCB.
h. You will not
be liable for any fees or charges if the claim is pursued and no compensation is paid except if this agreement
is cancelled in accordance with clause 4, where a cancellation charge or the full fee may be payable.
i. TCB will make every attempt to process your claim to a successful conclusion. However not all claims will be
successful, and if this is the case we will ensure that we notify you in a timely manner.
6. TCB will
a. Rely on the information and documents provided by you as being true, accurate and complete.
TCB will not check such information except where it is under a legal obligation to do so.
b. Use its
reasonable endeavours to obtain compensation for the claims which are pursued, but make no representation or
warranty that compensation will be obtained or is in any way guaranteed.
c. Promptly notify you if we decide
not to pursue your claim.
d. Promptly notify you of the outcome of the claim.
e. Preserve confidentiality,
including your personal information, save as expressly or implicitly authorised to the contrary including where
disclosure is made at your request or with your consent in relation to pursuing the claim or where otherwise
required by law.
7. Complaints
TCB will investigate complaints in accordance with the
internal complaints procedure shown in our client care letter (available on the website www.theclaimsbureau.co.uk), a copy of which can be issued upon request and upon receipt of a complaint.
8. Law and Jurisdiction
The law applicable to this contract shall be the law of England and Wales and the parties consent to the jurisdiction of
the English courts in all matters affecting this contract.