1.1 The following definitions are used in this contract (i.e. wherever the words are capitalised):
- “Commission Percentage” – the percentage set out in the Order Form.
- “Compensation” – damages, costs or any other kind of payment to which you may be entitled from the Creditor (including under the Consumer Credit Act 1974).
- “Creditor” – the credit card company, bank or other credit-provider which provided credit in relation to the Jive Hippo Contract.
- “FOS” – the UK Financial Ombudsman Service.
- “Start Date” – the start date specified in the Claim/Order form.
2. OUR SERVICES
2.1 We will help you to try and obtain Compensation from your lender in relation to payments made to Jive Hippo by taking the following steps but only if we consider that there are reasonable grounds to take any such step:
- sending a letter of claim to the Lender and negotiating on your behalf where appropriate;
- if the Creditor rejects your claim or fails to respond within a reasonable time, sending a letter of claim to the Creditor (if applicable); and negotiating on your behalf where appropriate;
- if the Creditor rejects your claim or fails to respond within a reasonable time, submitting the case to the FOS for formal adjudication; and
- requesting a review of the adjudication and a final decision by the FOS.
- If FOS reject the claim, we will consider the prospects of pursuing through the Courts.
2.2 We promise to inform you and seek your approval if the Creditor makes a settlement offer. If we think the offer is reasonable, and you don’t accept it within a reasonable time period (no more than 14 days) we are entitled to charge our full fee as per paragraph 4 below ‘Payment and Fees’.
2.3 You acknowledge that an adjudication in your favour by the FOS may be reversed if the Creditor requests a review and final decision by the FOS.
2. 4 You acknowledge that this contract with Mellor Solicitors Ltd is only concerned with claiming Compensation.
2.5 Very important: We cannot guarantee that you will receive any Compensation at all or any particular amount of Compensation. This will depend, amongst other things, on whether there are legal grounds to claim Compensation.
2.6 We will supply our services with reasonable skill and care and in compliance with all applicable laws and regulations.
3. YOUR OBLIGATIONS
3.1 While this agreement is in force, you must not take any steps to obtain Compensation from the Creditor (including instructing / asking someone else to help you).
3.2 If you breach any clause in this agreement we are entitled to end this agreement by notice in writing and to charge you our full fee if an offer has been made by the lender or in the alternative a reasonable fee for our services provided to date at £150 per hour capped at a maximum of £750 plus VAT.
4. PAYMENT AND FEES
4.1 You must pay us our fee which is the Commission Percentage applied to the amount of any Compensation you actually receive from the Creditor. VAT is payable on our fee in addition.
4.2 We do not charge an upfront fee, however cancellations outside of your statutory cancellation period may attract a fee, as stated in our terms and conditions. You will pay us a commission of 30% plus VAT on all successful claim(s) we process on your behalf. Please note that you do not have to use our service as you can pursue a claim free of charge through your bank or building society. You can also refer your complaint to the Financial Ombudsman Services (FOS) free of charge.
4.3 You must notify us promptly by email if you receive any Compensation payment directly from a Creditor.
4.4 You must pay our fee in full strictly within 14 days of receiving Compensation.
5. YOUR RIGHT TO CANCEL WITHIN 14 DAYS (“COOLING OFF”)
(NB THIS SECTION OF THE CONTRACT IS DIFFERENT FROM YOUR RIGHT TO END THE CONTRACT AT ANY TIME WHICH IS EXPLAINED IN SECTION 6 AND MAY INVOLVE PAYMENT OF A FEE TO US.)
5.1 You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the conclusion of the contract. (This does not affect your separate right to end the contract at any time, explained in section 6).
5.2 To exercise the right to cancel during the cooling off period, you must inform us by post to: Mellor Solicitors Ltd, Post Office Building, Rochdale Road, Royton, Oldham, OL2 6QJ, email address: firstname.lastname@example.org of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You may use the model cancellation form at the end of this document but it is not obligatory. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. (Again, this does not affect your separate right to end the contract at any time, explained in section 6).
6. PERIOD OF THIS AGREEMENT AND ENDING THE CONTRACT
6.1 This agreement takes effect when signed by both parties and continues until your claim is concluded or this agreement is otherwise ended in accordance with its terms.
6.2 You may withdraw from (i.e. end) this agreement at any time by sending us written notice. If so, the firm will charge you a reasonable termination fee which reflects work undertaken by us after the 14-day “cooling off period” mentioned above. The hourly rate is capped at £150 plus VAT. The maximum we can charge you is capped at £2,000.00 plus VAT.
6.3 Separately from your above right to end this agreement at any time (which is subject to payment of our reasonable fee), you may end this agreement by sending us email notice:
- at any time before the Start Date (if this is a future date); or
- if 24 months have passed since the Start Date without a settlement or compensation award by the FOS.
In this case, you won’t have to pay our fee unless you have received, or later receive, a Compensation payment in connection with our services.
6.4 We are entitled at any time to end this contract (without you having to pay us a fee) by notice in writing to you and/or to stop providing any further services if:
- we consider that you do not comply with the applicable criteria to make a claim
for Compensation or that you otherwise do not have a reasonable case to obtain Compensation; or
- 24 months have passed since the Start Date without a settlement or compensation award by the FOS.
7.1 Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees and agents.
7.2 We shall not be liable for any loss or damage caused by us or our employees or agents if:
- there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;
- such loss or damage was not reasonably foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract);
- such loss or damage is caused by you, for example by not complying with this agreement; or
- such loss or damage relates to a business of yours.
7.3 You will be liable for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement (subject of course to our obligation to mitigate any losses).
7.4 We are not liable for failure to perform this contract if due to circumstances beyond our reasonable control including third party telecommunication failures.
8. CONFIDENTIALITY AND PRIVACY
8.1 We will only use your personal data for the purpose of this agreement and will only disclose it to our personnel or agents who need to know the information for the purposes of this agreement.
8.2 We both agree to keep the fact of this agreement and the details of our services (including activities of our agents) confidential except to the extent necessary for performance of this agreement. You acknowledge that this clause prohibits you from discussing any aspect of our services on the internet including on forums, blogs or social media. If you breach this clause 8.2, we are entitled to cancel this agreement on email notice and charge you a reasonable fee for our services provided to date, capped at a maximum of £2,000.00 plus VAT.
8.3 This clause is in effect during the period of this agreement and for five years thereafter.
9. OTHER IMPORTANT TERMS
9.1 Unless otherwise stated, any notices under this contract must be delivered by hand or sent by post (special delivery within the UK or international signed for post outside the UK) to you at the last address you have given us or to us at our trading address shown below or which we otherwise notify you or by email subject to the email not having been returned. Notice shall be deemed to have been given at the time of delivery if delivered by hand or 48 hours after posting or at the time of transmission in the case of email.
9.2 We may transfer all or part of our rights or duties under this contract provided we take reasonable steps to ensure that your rights under this contract are not prejudiced. As this contract is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.
9.3 We may subcontract all or part of our rights and duties under this contract including to solicitors, paralegal companies or other legal specialists. If so, we will remain responsible to you for their performance.
9.4 Nobody else has any rights under this contract unless the contract specifically says otherwise.
9.5 If a court finds part of this contract illegal, ineffective or unenforceable, the rest will continue in force.
9.6 If you or we fail to or delay enforcing this contract, we can still enforce it later.
9.7 Headings in this contract are for information only and not binding.
9.8 These terms are governed by English law unless you are resident in Scotland or Northern Ireland, in which case Scottish or Northern Irish law respectively will apply. Any disputes will be decided only by the courts of the UK.
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