Terms of Business - Bank and Credit Card Charges

Renaissance Endowment Review Services Limited. (Also trading as Renaissance Easy Claim)

1. Definitions

1.1

"Account" means the account charged by the Provider to the Client forming the basis of the Claim. This includes bank accounts, credit cards and store cards.

1.2

"Claim" means the claim that the Client may have against the Provider relating to recovery of bank or credit card charges.

1.3

"Client" means the person or persons entering into a Contract for the provision of Services by the Company.

1.4

"Company" means Renaissance Endowment Review Services (Company Number 05184830) having its registered office at Arclite House, Century Road, Peatmoor, Swindon, Wilts, SN5 5YN including any of its trading divisions, subsidiaries, holding companies or other subsidiaries of any such holding companies.

1.5

"Contract" means the signed Our Agreement between the Client and the Company relating to the supply of Services incorporating these Terms of Business.

1.6

"Financial Ombudsman Service" means the independent service for resolving disputes with financial firms provided by the Financial Ombudsman Service of South Quay Plaza, 183 Marsh Wall, London E14 9SR.

1.7

"Provider" means the bank, building society or credit card company providing the Account to the Client and/or any agent or authorised representative of either of them.

1.8

"Redress" means the compensation or refund offered by the Provider in settlement of the Claim, less any court fees incurred by the Company

1.9

"Services" means all or any of the services provided as detailed in the Contract.

2. Services

2.1

Services the Company agrees to provide are:

2.1.1

acting as sole and exclusive agent of the Client with general authority to process and administer a Claim to seek to obtain an offer of Redress;

2.1.2

providing administrative support to the Client in relation to a Claim;

2.1.3

sharing with the Client the Company's knowledge of claim handling procedures as they may relate to the Claim; and

2.1.4

where the initial complaint is rejected by the Provider or any offer of Redress is less than the value of charges incurred, the Company will review the decision and, if appropriate, refer the case to the Financial Ombudsman Service. It will then complete relevant forms on behalf of the Client for the Client to review, sign and return to the Company.

2.2

For the avoidance of any doubt, the Services shall not include the provision of financial or legal advice.

2.3

Where the case is referred to the Financial Ombudsman Service and is not upheld by them, the Company will not take matters any further and this Contract will end.

2.4

To discuss with the client only any offers of redress which the Company views to be reasonable.

2.5

The Services shall not normally include pursuance for any claim for damages or other losses over and above the refund of excess penalty charges on the Account plus interest thereon at a rate of 8% per annum.

3. Fees and Disbursements

3.1

If the Company is unsuccessful in winning Redress for the Client then, subject to paragraphs 7.2 and 7.5, no charge will be made.

3.2

The Company agrees to provide the Services for a fee of 25% plus Value Added Tax, at the prevailing rate, of the Redress offered.

3.3

If the Company secures an offer of Redress from the Provider which the Company believes to be fair and reasonable and that offer is rejected by the Client then the Company reserves the right to terminate this Contract and charge its fee of 25% plus VAT of the Redress amount

3.4

The fee is payable on the later of 10 days of receipt of the Company's invoice or 10 days of receipt of Redress. Where 3.3 applies, the fee is payable 28 days after the offer of Redress is received by the Client.

4. Debt Recovery

4.1

Late payment of any invoice will be subject to interest applied on a daily basis at the annual rate of the base lending rate of Lloyds TSB Bank plc subject to a minimum rate of 8%.

4.2

In the event the Company takes steps to recover any fees or other amounts due to the Client it reserves the right to cover all costs associated with the recovery, including but not limited to court fees, bailiff fees and its own administration costs.

5. Client's Obligations. The Client shall :-

5.1

provide the Company with all such material and information requested or which the Client believes to be relevant to the Claim;

5.2

respond promptly to any requests for information from the Company, Provider or Financial Ombudsman Service;

5.3

provide necessary authority for the Company to perform the Services;

5.4

review, check, amend if necessary and accept responsibility for documents prepared by the Company on behalf of the Client and sign and return them promptly to the Company;

5.5

inform the Company of any offer of Redress received directly by the Client if the Company has not itself informed the Client of an offer;

5.6

not authorise any other party to perform the Services;

5.7

ensure that all information provided to the Company, Provider or Financial Ombudsman Service is complete, accurate and not misleading;

5.8

consider any offer of Redress made by the Provider which the Company believes to be reasonable and, within 28 days of receipt of an offer of Redress, either accept the offer or notify the Company that the Client wishes to reject it;

5.9

inform the Company immediately on receipt of any offer of redress and not accept any offer without first discussing with the Company.

6. Limit of Liability

6.1

The Company shall not be in any way liable for any losses in the event that, during or after a Claim, the Provider gives the Client notice to close his/ her/ their account.

6.2

Where the Client accepts an offer of Redress which is less than the full amount the Company believes could be awarded, the Company does not accept liability for any shortfall or, in the event the Client is prevented from making future claims, for any further charges made by the Provider.

6.3

The company shall not be liable for any loss resulting from failures or delays outside its control including but not limited to postal delays or postal delivery failures.

7. Termination

7.1

The Company may terminate this Contract at any time where it believes that, due to material changes to circumstances surrounding the Claim or regulation changes, the case is unlikely to succeed.

7.2

Where the Client fails to meet any of the Client's Obligations set out in paragraph 5, the Company may terminate the Contract and reserves the right to charge its reasonable costs.

7.3

Where the Company terminates the Contract under 7.1 or 7.2, it will inform the Client in writing.

7.4

The Client shall have the right to terminate the Contract within 14 days of signing the Contract and in that case shall not incur any fee from the Company. Notice should be made in writing to the Company and will be effective from the date posted by the Client. The Client should obtain and retain proof of postage to verify the date posted.

7.5

The Client has the right to terminate the Contract by providing the Company written notice at any time. If the notice to terminate is received after 14 days of signing the Contract and before any offer of Redress is made by the Provider, the Company shall charge reasonable costs associated with the Claim, including costs for work performed by the Company. If the notice to terminate is received after any offer of Redress is made or receipt of any notification that the Claim has been upheld, the full fee of 25% plus VAT of the Redress will be payable. Furthermore if the Client terminates the Contract and subsequently receives an offer of Redress in respect of the Claim made by the Company on the Client's behalf, the Company reserves the right to charge the full fee of 25% plus VAT of the Redress. The Company will confirm its charges on receipt of notice to terminate.

8. Law and Jurisdiction

The law applicable to this Contract shall be English Law and the parties consent to the jurisdiction of the English courts in all matters affecting this Contract.

9. Data Protection

9.1

The Company will hold personal information in accordance with the terms of its privacy policy which can be found on its website at www.easiestclaim.co.uk. Data is held in accordance with the Data Protection Act 1998.

9.2

Data collected by the Company during the course of the Services will be used for the purpose of the Services. Where the Company intends to use personal details to inform the Client about other services, it will give the Client the opportunity to require that such information is not to be used in this way.

10. Force Majeure

The Company shall not be liable for any delay or failure to perform any part of the Services as a result of any factor beyond its reasonable control.

11. Internal Complaints

All complaints made about the Company should be addressed to the Client Liaison Manager at the Company's address. The Company will investigate the complaint in accordance with its internal complaints process. This is available on the website at www.easiestclaim.co.uk and the Company will also provide a copy on request.