Services Offered – PPI Claims
Example: If your claim succeeded and you were refunded £1000 by your lender/bank – you would pay the firm
Read the Terms and Conditions (or see below)
Check the Complaints Procedure
Check the Fees and Charges
Duma Solutions Limited
44 Whitchchurch Gardens
Middlesex HA8 6PD
Further Research –
Duma Solutions Limited – is a registered company in England and Wales (Company Number: 7801840) Ltd on Companies House
View on Ministry of Justice Website – Authorised – CRM30988
Duma charge 15% VAT of PPI claims – 25% VAT for other claims (including packaged bank accounts)
Terms of Engagement – 6th FEB 2016
These Terms of Engagement set out the basis on which we will provide services to you. Please read them carefully before you sign them. Once you sign them, a binding agreement will be formed between you and us. Please retain a copy for your records.
Reclaim Specialists is a trading name of Duma Solutions Limited. We are regulated by the Claims Management Regulator in respect of regulated claims management activities. Our authorisation number is CRM30988.
You should be aware that you can pursue a Claim (as defined below) directly with the Company without a charge and use the free services of the Financial Service Ombudsman if your claim is rejected by the Company or you do not receive a response from the Company.
1. Meanings of some words used in these terms of engagement
Claim: Any claim(s) you may have against a Company for Compensation as a result of:
(i) mis-sold payment protection insurance (”PPI”);
(ii) mis-sold endowment mortgages;
(iii) mis-sold mortgages;
(iv) mis-sold whole of life policies, savings or investments;
(v) packaged current accounts.
Cooling-off Period: The period starting from the date on which we receive your Letter of Authority and ending 14 calendar days after that. Note that the date on which we receive your Letter of Authority will be counted as day 1 of the 14 days.
Company: The organization (e.g. lender, bank, insurance company, independent financial organizer) who sold or provided you with the product and/or service in respect of which you have a Claim.
Compensation: Any award or refund of monies and/or monies paid into an account or investment fund which is made as a result of the Service provided by us to you in respect of your Claim. If the initial award or refund is revised on appeal and the Agreement between us has not terminated, then the revised amount shall be used to calculate the Fees. This is whether it is (i) paid directly to you, (ii) used to reduce any arrears/debt you owe to the Company or (iii) paid as an enhancement on a fund, policy or plan.
Fee: The fee payable by you to us for the Services we provide. It is calculated as a percentage of the amount of Compensation that we win for you, plus VAT. The amount payable depends upon the type of Claim that you have asked us to manage. Please see the table of our current fees below:
|Mis-sold payment protection insurance*||15% VAT|
(a) Refund from Company £1,000. You receive £1,000. Any balance you have with the Company is not reduced. Total fee payable to us (including VAT) £180. You are left with £820.
(b) Refund from Company £1,000. You receive £1,000. The balance you have with the Company is reduced by £200. Total fee payable to us (including VAT) £180. You are left with £620.
(c) Refund from Company £1,000. You receive £0. The balance you have with the Company is reduced by £1,000. Total fee payable to us (including VAT) £180. This is payable from your own funds.
|Mis-sold endowment mortgage||25% VAT|
|Mis-sold mortgage||25% VAT|
|Mis-sold whole life policy, savings or investment||25% VAT|
|Packaged current accounts||25% VAT|
(a) Refund from Company £1,000. You receive £1,000. Any balance you have with the Company is not reduced. Total fee payable to us (including VAT) £300. You are left with £700.
(b) Refund from Company £1,000. You receive £1,000. The balance you have with the Company is reduced by £200. Total fee payable to us (including VAT) £300. You are left with £500.
(c) Refund from Company £1,000. You receive £0. The balance you have with the Company is reduced by £1,000. Total fee payable to us (including VAT) £300. This is payable from your own funds.
Final Decision Letter: A letter from the Company confirming the outcome of their investigation into your Claim [and advising of your right to refer the Claim to the Financial Ombudsman Service.
Financial Ombudsman Service (”FOS”): The free independent service set up under the Financial Services and Markets Act 2000 to resolve disputes between financial services providers and their customers.
Letter of Authority: The form which we send to you for your review and signature giving us the authority to act on your behalf as per this Agreement.
Services: The claims management service which we will provide to you as described in clause 5.
Terms of Engagement: These terms and conditions.
Value added tax payable by you for the Service(s) provided by us at the rate determined by HM Revenue and Customs from time to time.
We, our, us: Refers to Duma Solutions Limited registered in England and Wales under company number 07801840, having its registered office at 44 Whitchurch Gardens, Edgware, Middlesex HA8 6PD, trading as Reclaim Specialists.
Working Day: Any day other than a Saturday, Sunday or a public holiday in the United Kingdom.
You, your, yours: Refers to the person(s) who has instructed us to provide the Services and who is required to pay us for the Services that we provide.
2. Contacting Us
You can contact us in the following ways:
(a) Email – You can email us at email@example.com
(b) Telephone – You can call us on 0203 0053255. Calls from a landline will be charged at national rates. Calls from a mobile may vary and will be charged at your provider’s rates. Please be aware that your calls may be recorded for quality and training purposes.
(c) Post – You can write to us at Reclaim Specialists, 44 Whitchurch Gardens, Edgware, Middlesex HA8 6PD.
3. Agreement start date and duration
3.1 The Agreement between us will start on the date on which we receive the signed Letter of Authority from you. If you send your signed Letter of Authority by email, it will be considered to have been received on the next Working Day after sending. If you send your signed Letter of Authority to us by post, the Agreement will start on the date we write to you confirming receipt.
3.2 This Agreement will continue until either: (a) completion of the Services, or (b) you end the Agreement under clause 4; or (c) we end the agreement under clause 10, whichever of these happens earlier.
4. Your right to cancel the Agreement
4.1 You may cancel this Agreement at any time during the Cooling-off Period. If you cancel the Agreement during the Cooling-off Period, you will not be charged for any work that we carry out for you during this time.
4.2 You may also cancel this Agreement at any time after the Cooling-off Period by giving us written notice to the postal address set out in clause 2 above, stating clearly that you wish to cancel your Agreement. If you cancel your agreement in this way, a cancellation fee is payable to cover any costs that we have incurred in providing Services to you. The amount payable is set out in clause 11.1. Although you are not obliged to, we would be grateful if you would provide us with an explanation of why you are cancelling the agreement for quality control purposes.
4.3 In addition, you may cancel this Agreement immediately by written notice to the postal address set out in clause 2 above, without any fee being payable, if:
(a) We materially breach a term of this Agreement and where it is possible to remedy the breach, we fail to do so within 30 days of receiving written notice from you specifying the breach and requiring us to remedy it;
(b) We become insolvent or unable to pay our debts (as defined under the Insolvency Act 1986), propose a voluntary arrangement, have a receiver, administrator or manager appointed over our business or assets, become bankrupt or dissolved, or cease to carry on business.
4.4 We strongly recommend that notices are sent via the Royal Mail’s recorded or registered delivery service. Also, if you are entering into this Agreement jointly with someone else, you must both sign the notice of cancellation.
5. What our services cover
5.1 After we have received your signed Letter of Authority and this Agreement has come into force, we will contact the Company as necessary to enable us to provide the Service to you.
5.2 You confirm that you are aware that we do not offer any guarantee about the outcome of your case and as set out in clause 8.1, you will not be charged if there is no successful outcome.
5.3 We will manage and respond to any correspondence which you or we receive from the Company.
5.4 We will provide you with guidance in relation to your Claim as required under this Agreement, regulatory requirements or when you ask for our advice.
5.5 Unless you have specifically requested otherwise, we will only update you on significant changes or events relating to your Claim.
5.6 We will review any decision letter that we receive from the Company. If it is a rejection, we will review it to ensure that it is fair based upon the evidence that is available to us. If it is an offer or settlement, we will ensure that it contains all the relevant elements of Compensation which should be awarded to you based on the facts of your Claim.
5.7 We will write to you and let you know if we believe that the decision made by the Company is fair. If you are not happy with the decision made by the Company, you have the right to refer the Claim yourself to the Financial Ombudsman Service. If we believe that the decision is unfair, we will ask for your permission to forward the Claim to the Financial Ombudsman Service for independent review. There will be no extra cost to you for this and you can ask us not to refer it, if you so wish.
5.8 If we do refer your claim to the Financial Ombudsman Service, we will continue to manage and respond to any correspondence which you or we receive from them.
5.9 We will deal with all complaints in accordance with our Complaints Procedure, which is available on our website or can be requested from us directly.
6. What we will not do
6.1 We will not pursue a Claim where, in our professional opinion, we believe there is no reasonable chance of success. If this is what we believe, we will notify you within 7 Working Days of coming to our decision. There will be no charge for the time we spend on our review. You may pursue the Claim yourself or speak to alternative claims management companies to see if they will pursue a Claim on your behalf.
6.2 We will not offer you any legal or financial advice. You should seek independent advice from suitably qualified persons in relation to such issues.
6.3 We will not commence legal proceedings nor will we appoint legal representatives on your behalf to pursue your Claim.
7. Your responsibilities
7.1 You must ensure that you have given us all the documentation (including in the form of emails) in your possession which forms the evidence for a potential Claim. This also includes any information or documentation you have which shows that the product or service to which your Claim relates was sold to you.
7.2 You must promptly provide us with any information or authority that we may reasonably request from you relating to your Claim, including, for example, basic details of any previous mortgages, investments, protection policies or agreements relating to the sale of the product or service in question.
7.3 We strongly recommend that you send any important documents relating to your Claim to us via courier or recorded/registered mail. You must retain, at your own expense, duplicate copies of any documents or other information which you give to us.
7.4 You must ensure that all the information that you provide is, to the best of your knowledge, true and accurate and not misleading. Also you must tell us without any delay of anything that you are or become aware of relating to the Claim at any time.
7.5 You will pay the Fee as set out in clause 8 below.
7.6 Once you have appointed us, you must not appoint any other claims management company or any other person, firm or company to deal with your Claim without our prior written permission.
7.7 You should not correspond directly with the Company at any time during the term of this Agreement as this may prejudice any ongoing negotiations.
7.8 If you receive correspondence from the Company or the FOS, you must forward a copy of it on to us without delay.
7.10 You confirm that you have not previously claimed or received Compensation or an offer of Compensation from the Company in relation to the Claim.
7.11 If any offer of Compensation is made to you by the Company at any time during the Claim, you will notify us immediately and will send us a copy of any offer letter or you will provide us with any additional authority allowing us to get a copy directly from the Company.
8.1 You will pay us the Fee (as set out in clause 1) if your Claim is successful and you receive Compensation.
8.2 No Fee will be payable if, despite our reasonable efforts in providing the Services, your Claim has been unsuccessful, except in the circumstances set out in section 8.3 below.
8.3 There is a cancellation fee payable by you if: (a) you cancel this Agreement under clause 4.2; or (b) we cancel this agreement under clause 10. Details of cancellation fees are set out in clause 11.1.
8.4 You will receive any Compensation directly from the Company. You must pay us our Fee within 7 Working Days of receiving the Compensation from the Company.
8.5 If you fail to pay us our Fee within 7 Working Days of receiving Compensation or within 14 days of receiving our termination invoice, we will charge interest on the unpaid amount at the annual rate of 4% above the base lending rate of National Westminster Bank plc from the due date until the date on which the full amount is paid. In addition, we reserve our right to take all necessary steps to recover our Fees from you. If we take debt recovery actions against you, you will be responsible for paying all the costs we incur in addition to the Fee.
8.6 If the Compensation you are paid by the Company is used by the Company to settle any other debt you may have with them, we will discuss an alternative method of payment as you will still be required to pay the full Fee which you owe us for the successful Claim.
9.1 By signing the Letter of Authority you:
(a) Authorise us to act on your behalf for dealings with the Company and the Financial Ombudsmen Service; and
(b) Authorise us to liaise with and exchange your personal information with the Company and the Financial Ombudsmen Service or their authorised agents on your behalf. 9.2 Where we are asked to represent two or more individuals the obligations and liabilities under these Agreement apply to each of you jointly and severally.
10. Our right to cancel the Agreement
10.1 We will cancel this Agreement immediately by written notice to you, if:
(a) You materially breach a term of this Agreement and where it is possible to remedy the breach, you fail to do so within 30 days of receiving written notice from us specifying the breach and requiring you to remedy it;
(b) We find that you have given us false information or acted fraudulently or dishonestly;
(c) You, or if this agreement has been entered into jointly by 2 persons, one of you: (i) enters into an Individual Voluntary Arrangement, (ii) have a petition of bankruptcy issued against you, or (iii) dies.
11. Effects of cancellation of the Agreement
11.1 If you cancel this Agreement:
(a) In accordance with clause 4.2 above before we or you have received a Final Decision Letter from the Company or a decision from the Financial Ombudsman Service (if your Claim is referred to them), then you will be charged for our time spent on your Claim at a rate of £60 per hour. The cancellation fee will be capped at £400. We will provide you with a full breakdown and invoice upon receipt of your written cancellation notice; or
(b) After an offer of Compensation has been made to you in accordance with the relevant FSA and FOS guidance, we will charge the Fee set out in clause 8 above.
11.2 For clarity, you will not be charged the Fees or a cancellation fee if this Agreement is cancelled because: (a) you have a petition of bankruptcy issued against you, (b) you are adjudicated bankrupt during the term of the Agreement, (c) of the circumstances set out in clause 4.3, or (d) of the circumstances set out in clause 15 below.
12. Confidentiality and Data Protection
12.1 You agree, as do we, to keep this Agreement and any information that we share under it confidential and not to use it other than for the purpose of pursuing the Claim as set out in this Agreement. For clarity, the confidentiality obligation will not apply to information which is in the public domain already.
13. Changes to the Agreement
13.1 We may make minor changes this Agreement that will have no impact on you or the Claim, at any time. If we need to make material changes (e.g. as a result of a change in the laws) or if any of the changes that we make are or would be detrimental to you (e.g. increase in our Fee, except where made to reflect a change in the VAT rate), we will give you notice of the change at least 30 days before the change becomes effective. If we are not able to notify you of the change because it has to be made at short notice (e.g. to reflect a change in laws or regulations), we notify you as soon as possible.
13.2 Except where we are required to make changes to this Agreement as a result of a change in applicable laws or regulations, you may cancel this Agreement without penalty if you do not consent to the change. You must cancel the Agreement by writing to us within 30 days of receiving our notice of change. If you do not write to us to cancel the Agreement in this time, you will be deemed to have accepted the changes to the Agreement.
We are not responsible for events which are beyond our reasonable control. These events may include network failures, war, terrorist activity, riots, malicious damage, fire, flood, storm, nuclear accidents, Acts of God or compliance with any law, order, rule, regulation or direction. We may cancel or suspend this Agreement if, despite trying to provide the Services, we are not able to do so as a result of events beyond our reasonable control. You will not be charged any fee if we cancel the Agreement as a result of such events.
15. Events beyond our control
14.1 Please contact us via one of the methods set out in clause 2 above if, at any time, during the course of the Agreement you are not happy with the Services that we are providing you. We have a full complaints procedure which is available on our website or you can request it directly from us.
14.2 If, having used our complaints process, you are not satisfied with the outcome, you may refer your complaint to the Claims Management Regulator at the Ministry of Justice. Their contact details are:
(a) Post: Claims Management Regulation, Monitoring & compliance Unit, 57-60 High Street, Burton-on-Trent, DE14 1JS.
(b) Telephone: 01283 233 309.
16. Rights and Remedies
16.1 We do not exclude or limit liability for fraud or for death or personal injury which results from our negligence.
16.2 Nothing in this Agreement will affect your statutory rights. You should contact your local Citizens Advice Bureau or Trading Standards Office for more information about your statutory rights.
16.3 We will not be liable to you for any loss, damage, costs, expenses or other claims arising from any information which you supply to us which is incorrect, inaccurate, illegible, in the wrong form or arising from late or non-arrival of the information or from any other matters which are your fault.
16.4 Save as set out in clauses 16.1 and 16.2 above and unless, we will not be liable to you for any loss, damage, costs, expenses or other claims which are not within your or our reasonable contemplation at the time the contract between us is formed (as set out in clause 3.1). Our entire liability under or in connection with this Agreement shall not exceed the Fee.
17.1 This Agreement and any documents it refers to forms the entire agreement between you and us. All other terms (express or implied by statute or otherwise) are excluded to the fullest extent permitted by law.
17.2 We reserve the right to transfer our rights or obligations under this Agreement to someone else by written notice to you (e.g. if we sell our business). If we do transfer our rights and obligation, we will do so in circumstances which ensure that you are not prejudiced. If you object to the transfer, you can cancel this Agreement by written notice to us, without penalty. This Agreement is personal to you and you cannot transfer your rights or obligations to another party.
17.3 If any part of this Agreement is held by any court or other competent authority to be invalid or unenforceable, the remaining terms of the Agreement shall not be affected and shall continue in force.
17.4 No failure or delay by either you or us in exercising any of our rights under this Agreement shall be deemed to be a waiver of that right.
17.5 Anyone who is not a party to this Agreement shall have no right to enforce or rely on any provision of it.
17.6 This Agreement shall be governed and interpreted in accordance with English law and you and we submit to the exclusive jurisdiction of the English Courts.