Legal

Terms of Engagement

Gains Clark Ltd

The Services provided by Gains Clark Ltd consist of:

  1. An assessment of your case and potential Claim for mis-sold Payment Protection Insurance (PPI) and excessive or hidden commissions received by the lender(s).
  2. Representing your claim for redress from a provider where we believe there is a valid claim.
  3. Negotiating and obtaining an offer of redress for you.
  4. Where necessary and deemed appropriate, pursuing the case through the Financial Ombudsman Service or other regulators or dispute resolution schemes (Resolution Schemes).
  5. We make no representation or warranty to you that redress will be obtained or is in any way guaranteed.

Gains Clark Service Charge:

  1. We will act for you on a strictly “No Win No Fee” basis. There are no hidden fees. If no redress is recovered, no charge is payable. However, if an offer is made by a lender or other product provider (a Lender), which meets Resolution Scheme guidelines, but which you choose to reject, or if you attempt to cancel after an offer has been made, then our full fee is still due and payable.
  2. We are entitled to receive between 15-30% (plus VAT) of redress recovered relating to all accounts with your Lenders, no matter if received after the initial settlement, whether the redress was received in whole or part by way of loan/arrears reduction, refund of premiums, and/or in cash. This fee is calculated before any applicable tax payment/deduction for which you are liable (gross amount). The amount payable is dependent upon the type of Claim that you have asked us to manage, and a table of Fees is set out below;
  3. Redress band Consumer redress obtained Max % rate of charge Max total fee
    Lower (£) Upper (£)
    1 £1 £1,499 30% £420
    2 £1,500 £9,999 28% £2,500
    3 £10,000 £24,999 25% £5,000
    4 £25,000 £49,999 20% £7,500
    5 £50,000 NA 15% £10,000
  4. Example: If the agreed fee is 28% (plus VAT) and the redress we obtain for you is £2,000 then the fee payable by you to us would be £560 (plus VAT). The fee will be payable to us immediately upon receipt of your refund.
  5. We have the right to reduce the % fee charged to you upon successful completion of your claim(s). We will notify you of this variation in fee if this applies to your claim(s).
  6. We will continue to represent your interests with the Lender in order to ensure that the correct amount of redress is paid. If any further payments are received from the Lender, they will be subject to the same terms and conditions regarding fees payable by you, to us.
  7. You are obliged to notify us of any offer of payment made to you by the Lender relating to all accounts held. If you independently receive a settlement amount direct from the Lender, as a result of a claim made by us on your behalf, which you fail to disclose to us, then you will be obliged to pay our full fee.
  8. In the event that a fee due to us by you remains unpaid after 21 days then an administration charge of £50 will be added to the balance outstanding and late payment interest will be calculated at 8% per annum from the date that the fee became due until payment is made. Should we have to take steps to recover any fees due, you will be liable to pay any third-party recovery costs incurred.

Important Information:

  1. You understand that you could pursue any complaint against the Lender yourself, without the involvement of Gains Clark.
  2. We will notify you once a Claim has been identified and submit your complaint to the Lender. If the claim is successful, our normal fee, as per this Terms of Engagement, will apply.
  3. From the point we submit your complaint, you have a 14-day cooling off period during which you can cancel your contract with us. If at any time during the 14 day cooling off period we obtain an offer of compensation for you, our normal fee will be payable. To cancel your contract with us, email your cancellation request to info@gainsclark.co.uk.
  4. If you terminate this agreement after the 14 day cooling off period and prior to an offer of redress, Gains Clark reserves the right to make a reasonable and proportionate cancellation charge that will reflect the work undertaken by Gains Clark in pursuit of your claim. When a cancellation is requested, we will send you an itemised bill outlining the work Gains Clark has carried out on your behalf. Charges will be calculated as follows:
    • For substantiation and referral of Your Claim to the Third Party, we will charge you £60 (inclusive of VAT where applicable).
    • For referral of Your Claim to the Resolution Scheme, we will charge you £60 (inclusive of VAT where applicable).
    • For any manual communication e.g. an outgoing or incoming call/letter/email to or from either You or the Third Party, we will charge you £40 (inclusive of VAT where applicable).
    • For any automated communication e.g. automated update letters or text messages to you, we will charge you £10 (inclusive of VAT where applicable).
  5. If you are unhappy with our service at any stage, please contact Customer Services in the first instance. If you are still unhappy, please refer to our website for further information on how to escalate your complaint or email us at info@gainsclark.co.uk. For further information on our complaints procedure, refer to our website www.Gainsclark.co.uk
  6. You have the right to seek further advice regarding your contract with us and compare our services with other claims management companies.
  7. Please refer to our website for more information about PPI, our company, the Financial Ombudsman Service and other regulators and other dispute resolution schemes.
  8. By signing this agreement you are authorising us (or our agent on our behalf) to carry out a one off credit search on your behalf using your personal data in order to retrieve required information (e.g. account numbers and start dates) on all current and historical accounts and Claims you may have.
  9. You accept that a PPI policy may be cancelled by the Lender, as a result of this complaint.
  10. You give us permission to investigate all accounts with your Lenders, and you give us authority to pass on to and receive from any Lenders, any information including your personal data, and you agree to be invoiced a fee for all redress received on these accounts.
  11. By signing this agreement you are confirming that you are not in arrears and are not and have never been declared insolvent, either by way of Bankruptcy Order/Debt Relief Order.
  12. Gains Clark may assign administrative functions of your claim to other members within the group. Such assignment may include collection of fees payable under the terms of this contract, which will be notified to you at the time of invoicing.
  13. You agree that our obligations under this agreement may be transferred to a replacement provider of claims management services by giving you notice via written or electronic communication (Inc. Email and SMS) and the benefit of any or all of our rights under or relating to this agreement may be assigned to any of our affiliates, funders, investors or any other third party, without prior notice to you. This agreement may be varied by us by giving you adequate notice via written or electronic communication (Inc. Email and SMS). References in this agreement to “we”, “us”, “our” or “Gains Clark” means Gains Clark Ltd. or our successors, transferees and assigns.
  14. We may share any information you provide to us including your personal data with our sub-contractors, affiliates and/or any replacement provider of claims management services, for the purpose of processing your claim, and with our funders and investors for verification, compliance and monitoring purposes.
  15. For further information on our privacy policy, refer to our website www.Gainsclark.co.uk/privacy-policy.