Service Terms and Conditions

Security & Wealth is a trading style of Security & Wealth Financial Recoveries Limited. Registered in England Co. registration number 09042283. Security & Wealth Financial Recoveries Limited is regulated by the Financial Conduct Authority in respect of regulated claims management activities. Our registration number is 835607. Registered Office, Registry Court, 13 Hartshill Road, Stoke, Stoke on Trent, Staffordshire, ST4 7QT

Security and Wealth will be referred to as SAW in this document.

Associates will be referred to by name and may refer to an associated party that works in agreement with SAW.

You acknowledge that it has been your choice whether or not to enter into this agreement and that you understand you could make a claim on your own behalf or by other means.

By entering into this agreement, you do not necessarily increase your claim’s chances of success.

SAW is not providing, and is not regulated to provide, financial advice.

SAW is not regulated by the Solicitors Regulation Authority and cannot give legal advice.

DEFINITIONS. The following terms in this agreement shall have the corresponding meanings, save where the context requires otherwise:

1.1 Assessment Stage: the period during which SAW, or an associated party are assessing a financial claim.

1.2 Claims: Each potential complaint or cause of action which you may have against a provider in relation to advice, service or product in accordance with the Companies license to conduct regulated activity in this field.

1.3 CMR: Claims Management Regulator.

1.4 Claims Management Services: the assessment, preparation, submission, negotiation and conclusion of a claim (each a Claims Management Service).

1.5 Confidential Information: all information (however recorded or preserved) which would be regarded as confidential by a reasonable person which is provided or disclosed in connection with or relating to a claim or the Claims Management Services, and including (but not limited to) any Intellectual Property Rights and any legal advice, legal document or other document or advice given to or provided by SAW or on our behalf to you in connection with or relating to a claim or the Claims Management Services.

1.6 Data Controller: has the meaning set out in Part 2, Chapter 2, Section 6 of the Data Protection Act 2018 i.e. the person on whom the obligation to process the data is imposed by the enactment (or, if different, one of the enactments) is the controller.

1.7 Expenses: any fees, payments or disbursements including (but not limited to) those listed who is not a party to this agreement as agreed between us and you from time to time.

1.8 Personal Data: has the meaning set out in Part 1, Chapter 1, Section 3 of the Data Protection Act 2018 and relates only to personal data, or any part of such personal data, in respect of which we are the Data Controller and in relation to which we are providing services to you under this agreement.

1.9 Processing and Process: Being the work required to provide the service in administering the claims.

1.10 Intellectual Property Rights: copyright, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, right in designs, documents, information, databases, rights to protect the confidentiality of confidential information (including confidential information, know-how and trade secrets) and all other intellectual property rights, whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or protection which subsist or will subsist now or in the future.

2. YOUR OBLIGATIONS

2.1 You appoint us as your agent so that we can liaise with the relevant parties.

2.2 You must ensure that you always supply truthful and accurate information.

2.3 You must forward any correspondence which you receive regarding your claim to us.

2.4 You must promptly reply to any request for further information and documents we make.

2.5 You must pay our fees within 14 days of receiving an invoice from us or we will deduct this from the settled amount paid to the client account and forward the balance to you, in accordance with any Money Laundering Regulations.

2.6 You should consider how you will pay our fee if compensation is awarded to you in the form of a reduction in an outstanding balance or arrears, or if you decide to decline an offer of compensation which we recommend that you accept.

2.7 Any reference to writing includes email.

2.8 If you ask us to commence work in providing our service to you during the mandatory cancellation period we will require your written confirmation. However, the cancellation policy will still apply.

3. CONDUCT OF YOUR CLAIM

3.1 By signing and returning your contract (or a copy of it) to us, you have instructed SAW to provide Claims Management Services to you, including those referred to in the services section of the contract.

3.2 The extent to which SAW carry out each of the Claims Management Services will depend on the merits of your claim and we have no obligation to carry out particular Claims Management Services if we reasonably believe that a claim, at any time, has no reasonable prospect of the success.

3.3 If SAW form the view that a claim does not have reasonable prospects of success then SAW will let you know why SAW have formed such a view and may at that point terminate this agreement by written notice to you.

3.4 We will prepare the claim for submission (subject to any further information which SAW may require) to the relevant body who will deal with the claim or for processing ourselves.

3.5 Once the draft submission is prepared in the case of an Investment Claim being submitted to FSCS SAW will end this to you for your review and comments following which SAW will take into account any further comments you have and amend the submission accordingly (if reasonable to do so) and/or submit the claim to the relevant body on your instruction as the case may be.

3.6 In order to support your claim we may request additional information or documentation which you may have in your possession, this must be provided upon request.

4. CANCELLATION

4.1 If you decide that you do not want to proceed with our services you can cancel your contract by writing to us at any time. A cancellation letter is included with your Claim Pack for you to send to us should you wish to cancel. You can also cancel using any clear statement, including email, telephone, SMS or in person.

4.2 If you cancel during the first 14 days after you sign your contract you will not have to pay any fee.

4.3 We can cancel this agreement if you materially breach any of your responsibilities and you fail to rectify your material breach within 21 days of us telling you which we will attempt to do by both telephone and post.

4.4 If you cancel this agreement after receipt of an offer of compensation which is consistent with the FCA, FSCS and FOS guidelines (either directly from the lender/creditor or via us), you will be liable to pay our fees in full.

4.5 No Win – No Fee – We will pursue a claim for no charge other than the success fee, as per section

5. However, if you choose to cancel the contract prior to settlement we reserve the right, and after the first 14 days, we reserve the right to charge you £90 per hour (including VAT) for work done to date. You will be provided with a fully itemized invoice for the fee. This is the fee payable if a case is not pursued at client request.

5. OUR FEES

5.1 We will charge you a Success Fee of up to 30% + VAT (this equates to 36%) of any compensation which you receive. Alternatively, if you decline an offer of compensation which we recommend that you accept, and which is consistent with the FCA, FSCS and FOS guidelines, we will also charge you a Success Fee of up to 30% + VAT (this equates to 36%) of the compensation which was offered to you and which we recommended that you accept.
For Example:

5.2.A If you receive or are offered which you decline but we recommend that you accept, £1,000.00 in compensation we will charge you £300.00 plus VAT at 20% being £60.00, meaning you will receive £640.00.

5.2.B If you receive or are offered which you decline but we recommend that you accept, £3,000.00 in compensation we will charge you £900.00 plus VAT at 20% being £180.00, meaning you will receive £1,920.00.

5.2.C If you receive or are offered which you decline but we recommend that you accept, £10,000.00 in compensation we will charge you £3,000.00 plus VAT at 20% being £600.00, meaning you will receive £6,400.00.

5.3 You should be aware that compensation means benefit which you receive as a result of our service and assistance with the claim after you have instructed us.

5.4 You agree that any Provider paying out as a settlement amount is authorised, now and in the future, to make such payment to the Nominated Client Account (in accordance with the Payment Instruction Form annexed to this contract). Following an assignment in accordance with the terms you agree to provide us with an updated Payment Instruction Form. We will inform you in writing confirmation that the settlement amount has been paid into the Nominated Client Account within 5 working days. We can provide documentary proof of the settlement amount paid into the Nominated Client Account upon request.

5.5 Any payment under this agreement not made by its periodic date shall attract interest at the rate of 4% per annum above the base rate of Barclays Bank plc (currently 0.5%), totalling 4.5% (both before and after any judgment). This is a prevailing rate and may vary.

5.6 In the event that any payment is not made in accordance with this agreement, SAW shall also be entitled to recover from you all proper expenses and costs incurred in securing payment, including but not limited to the cost of engaging debt collection agency and the costs of taking legal action to recover the sums owing.

6. DATA PROTECTION

6.1 We agree that we will process your Personal Data in accordance with The General Data Protection Regulation (GDPR) (EU) 2016/679 and the Data Protection Act 2018.

7. COMPLAINTS

Security & Wealth is a trading style of Security & Wealth Financial Recoveries Limited. Security & Wealth Financial Recoveries Limited is authorised
and regulated by the Financial Conduct Authority in respect of claims management activities, our FRN is 835607. Registered in England Co. registration number 09042283. VAT registration number 325 8329 92

7.1 Please contact us if for any reason you are dissatisfied with our service.

7.2 We are committed to resolving complaints as quickly as possible. In the event that you wish to make a complaint, please contact us by letter, telephone, email or in person. We will acknowledge receipt of the complaint within 5 working days giving details of the individual (name and/or job title) dealing with the complaint and provide a copy of our full complaint handling procedure. We have a maximum of 8 weeks in which to respond to your complaint, but we hope to resolve matters within 28 days.

7.3 If you are dissatisfied with the handling of your complaint or if we do not provide a full response within 8 weeks, you can refer the matter to The Financial Ombudsman Service.

7.4 The Financial Ombudsman Service can be contacted in writing to: Financial Ombudsman Service, Exchange Tower, Harbour, London. Telephone: 020 7964 1000 (lines are open 8:00am to 8:00pm Mon to Fri and 9:00 to 1:00pm Sat).

8. OTHER

8.1 The provisions of the Contracts (Rights to Third Parties) Act 1999 are excluded from this agreement which means that only you and we have any rights under this contract. However, if you ask us to liaise with anybody else on your behalf in relation to this contract, we will do so provided that you give us your written permission.

8.2 Our service is personal to you and for this reason we are not able to assign this contract to any other person.

8.3 We may utilise services of associated parties to assist with your claim if we feel it is beneficial to the outcome of the claim. Any associate will also be regulated in order to provide the service. We will always notify you and obtain your agreement before any assignment is made to ensure that you are aware that it is happening, why, and who you are dealing with at all times.

8.4 You should be aware that as with any claims there is a small risk that it may result in Court proceedings although in the highly likely event that this was to occur we would continue to provide our services and liaise for you to be referred to a solicitor. In order for the solicitor to represent you it will be necessary for you to enter into a contract with the solicitor for the provision of their services. If you do not wish to continue with your claim at this
point you may cancel your contract and only pay the cancellation charges if applicable as set out in the terms.

8.5 You should consider whether you have alternative mechanisms for pursuing a claim i.e. legal expenses insurance.

8.6 Each party acknowledge that, in entering this agreement, it has not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in this agreement.

8.7 Nothing in this clause shall limit or exclude any liability for fraud or for fraudulent misrepresentation.

8.8 By signing the Contract you confirm that you agree that you are solely responsible for any statement, answers, or replies you make or give in connection with or relating to these terms.

8.9 If you have any queries you should raise these with us before signing the contract and, if you still have queries, you should seek independent legal advice before signing.

8.10 Please note that you are entitled to seek further advice in relation to the Claim and to consider what services might be most appropriate to the Claim. We will advise you after both our initial and full assessment of whether any alternative methods should be more appropriate for pursuing the Claim. In particular, you have the right to shop around and you should be aware of the free services provided by FSCS and FOS.

DETERMINATIONS:
FCA = Financial Conduct Authority
FSCS = Financial Services Compensation Scheme
FOS = Financial Ombudsman Service
POS = Pension Ombudsman Service

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