Services Offered – PPI Claims
33% + VAT
Example: If your claim succeeded and you were refunded £1000 by your lender/bank – you would pay the firm
Read the Terms and Conditions
Check the Complaints Procedure
Check the Fees and Charges
0800 0272484 or 01803 697530
Further Research –
Compensation Legal Services Group Limited – is a registered company in England and Wales (Company Number: 04859586) Ltd on Companies House
View on Ministry of Justice Website – Authorised – CRM1768
This business is authorised with specific conditions.
Effective from 2 July 2015
1. EMC Advisory Services Limited must re-train all sales agents within 2 weeks of the imposition of this condition about when and how to suppress telephone numbers, and provide refresher training every 3 months after that. A record of training must be retained by EMC Advisory Services Limited for a minimum of 6 months. Copies of training materials and evidence that training has been provided to each sales agent employed by EMC Advisory Services Limited must be provided to the Regulator within 1 week of the initial training being carried out.
2. For each outbound telemarketing call listened to by EMC Advisory Services Limited for training and monitoring purposes, EMC Advisory Services Limited must make a written record of:
a) The name of the sales agent making the call
b) A summary of the conversation between the consumer and the sales agent
c) The call outcome chosen by the sales agent
d) Whether the call outcome was appropriate with supporting reasons
e) The action, if any, that is to be taken if an inappropriate call outcome was chosen
A recording of the call and written records must be retained for a minimum of six months.
3. Where EMC Advisory Services Limited receives a complaint relating to a telemarketing call made by a third party during which:
a) the services of EMC Advisory Services Limited are offered; and/or
b) a question related to regulated claims management services is asked on behalf of EMC Advisory Services Limited
EMC Advisory Services Limited must treat this as if it were a complaint about EMC Advisory Services Limited and handle it in accordance with the Complaints Handling Rules 2015.
4. EMC Advisory Services Limited must inform the Regulator on the 5th working day of every month of each TPS complaint it has received in the previous month, whether this is received from the TPS, ICO, Legal Ombudsman, Direct Marketing Commission or the consumer, and provide copies of any related correspondence. For each complaint EMC Advisory Services Limited must provide evidence, if any, of the consumer’s overriding consent to receive telemarketing calls from EMC Advisory Services Limited and/or any third party marketing on its behalf, including the date and method by which consent was obtained.
5. EMC Advisory Services Limited must inform the Regulator of any additional third party agent, introducer or data supplier with whom it wishes to contract prior to contracting, and provide the following information:
a) The full name, address, company registration (if applicable), CRM (if applicable) and ICO registration of the business.
b) An explanation of the services that will be provided by the third party.
c) Copies of any marketing material to be used by the third party to market the services of EMC Advisory Services Limited.
d) An explanation of, and evidence to demonstrate, how EMC Advisory Services Limited will monitor the third party to ensure compliance with The Privacy and Electronic Communication (EC Directive) Regulations 2003 and the Conduct of Authorised Persons Rules 2014.
As a result of an investigation, the Claims Management Regulator has decided to vary EMC Advisory Services Limited’s authorisation to provide claims management services under the Compensation Act 2006 with effect from 2 July 2015.
EMC Advisory Services Limited was found in breach of the following Conduct of Authorised Persons Rules 2014 (previously the Conduct of Authorised Persons Rules 2013(2)):
General Rule 4 – A business shall ensure that any staff or other people working on its behalf have the necessary training and competence to perform their duties.
General Rule 5 – A business shall observe all laws and regulations relevant to its business.
Client Specific Rule 4 – Cold calling in person is prohibited. Any marketing by telephone, email, fax or text shall be in accordance with the Direct Marketing Association’s Code and any related guidance issued by the Direct Marketing Association. (As amended 1st October 2014, superseding the Conduct of Authorised Persons Rules 2013 and 2013(2)).
Client Specific Rule 9 – A business must seek to ensure that any publicity for its services issued by a third party and which is intended to solicit business for it complies with these rules.
TERMS AS AT 29/01/2018
Terms & Conditions
1 ABOUT YOUR AGREEMENT WITH US
1.1 These are the terms and conditions on which we supply Services to you. Please ensure that you read these Terms carefully. Check that the details on the Letter of Authority and in these Terms are complete and accurate, before you sign and submit the Letter of Authority.
1.2 By signing the Letter of Authority, you authorise us to: (a) act on your behalf in relation to dealings with the Business and Financial Ombudsman Service; (b) liaise and exchange your personal information with the Business, the Financial Ombudsman Service and/or their authorised agents on your behalf; and (c) begin supplying the Services to you as described in the Key Facts Document.
1.3 You may contact us by post, email or telephone using the details set out in the Key Facts Document.
1.4 In these Terms of Engagement we refer to EMCAS Limited as “us”, “we” or “our” and we refer to you as “you” and “your”. If you are entering into this Agreement with your spouse or partner, such references are to you jointly.
1.5 The following terms have the following meanings:
“Business” the organisation responsible for the sale and/or provision of the product(s) and/or services in respect of which you have a Claim;
“Cancellation Charge” the charge payable by you for our time spent on your Claim at a rate of £66.00 per hour [plus VAT] and capped at £500.00 [plus VAT] per Claim which will be payable in the circumstances set out in Condition 4.2;
“Claim” the claim or claims that you may have against a Business and in respect of which you have requested the Services;
“Compensation” any award or refund of monies including gestures of goodwill, interest and/or monies paid into an account or investment fund which comes about as a result of the Service whether such monies are (a) paid directly to you, (b) used to reduce any arrears/ debt you owe to the Business; or (c) paid as an enhancement of a fund, policy or plan. Where such award or refund is revised on appeal, then the revised amount shall be used to calculate our Fee.
“Cooling-off Period” has the meaning set out in Condition 3;
“Fee” the fee payable by you to us for the Services more particularly described below as a percentage of Compensation;
Type of Claim Fee Payable Before VAT VAT Payable** Total Fee Payable**
Mis-sold Endowment Mortgage 37.5% 20% 45%
Mis-sold PPI 37.5% 20% 45%
Mis-sold Savings & Investments 35% 20% 42%
Mis-applied Penalty Charges 33% 20% 39.6%
Mis-sold Annuity 35% 20% 42%
Mis-sold Whole of Life 37.5% 20% 45%
Mis-sold Pension Mortgage 37.5% 20% 45%
Mis-sold FSAVC 35% 20% 42%*
Mis-sold Packaged Current Account 33% 20% 39.6%
Mis-sold Pension Transfers 35% 20% 42%*
*For settlements that are paid direct into your existing pension fund, the Fee is capped at £2000.00 including VAT. Where the settlement is a combination of cash and pension fund enhancement, the Fee will be calculated at 35% plus VAT on the enhancement up to the cap of £2000.00. The Fee of 35% plus VAT is also then calculated on the cash element which will not be subject to a cap. The two figures are then added together to total the Fee.
**this is based on the current rate of VAT – the actual rate of VAT will be that determined by Her Majesty’s Revenue and Customs at the date payment becomes due.
“Final Decision Letter” a letter from the Business confirming the outcome of their investigation into your Claim and advising us of your right to refer your Claim to the Financial Ombudsman Service;
“Financial Ombudsman Service” the free, independent arbitrary service set up under the Financial Services and Markets Act 2000 to resolve disputes between financial businesses and their customers;
“Key Facts Document” the document entitled Key Facts that is specific to the type of Service you have requested from us;
“Letter of Authority” the letter sent to you for your signature which authorises us to act on your behalf under the terms of this Agreement;
“Service” the Claims management service we will provide to you in relation to any one or more Claims that you may have against a Business as described in the Key Facts Document;
“Terms” this document;
“VAT” Value Added Tax which is payable by you on the Service(s) by us at the rate determined from time to time by Her Majesty’s Revenue and Customs; and
“Working Day” any day other than a Saturday, Sunday or public holiday in the United Kingdom.
2 WHEN THIS AGREEMENT STARTS
2.1 The Agreement between you and us will start on the date we receive the signed and completed Letter of Authority.
2.2 The Letter of Authority will be deemed to have been received as soon as you submit the Letter of Authority if signed and submitted electronically or on the second Working Day after posting when returned to us in the pre-paid envelope supplied by us.
3 YOUR RIGHTS TO CANCEL DURING THE COOLING-OFF PERIOD
You can cancel this Agreement at any time during the “cooling-off period” which 14 days after the day on which your Agreement starts (“Cooling-off Period”) by giving us notice using any of the contact details set out in the Key Facts Document stating that you wish to cancel your Agreement or by completing and sending the cancellation form. If you cancel the Agreement during the Cooling-off Period you will not be charged for any work that we carry out on your behalf during this time.
4 WHAT DO I HAVE TO PAY?
4.1 If a Claim is successful, the Fee plus VAT will be payable by you to us.
4.2 If you terminate the agreement in accordance with Condition 7.2(a) or if we terminate the agreement for your breach in accordance with Condition 7.6(a) before we or you have received a Final Decision Letter from the Business or a decision from the Financial Ombudsman Service, you will be charged a Cancellation Charge where you cancel this Agreement. A full breakdown and invoice will be provided to you upon receipt of your notice to cancel.
4.3 If you fail to pay our Fee or any Cancelation Charge within 28 days of receiving: (a) the Compensation or (b) our cancellation invoice (whichever is earlier), we will charge interest on the amount unpaid at the annual rate of 4 per cent above the base rate of National Westminster Bank plc from the due date until the full amount is paid.
4.4 If the Business uses your Compensation to repay another debt that you owe them, we will contact you to discuss alternative methods of payment of our Fee as you will still be obliged to pay our Fee.
4.5 We reserve the right to refer your debt to third parties to pursue you for payment on our behalf.
4.6 Where interest is included as part of the Compensation, this may be taxable. If tax is payable, you should contact your local tax office and make payment. Our Fee is calculated on the full Compensation but if you provide us with proof that tax has been paid, we will reduce our Fee by deducting the amount you paid in tax from the Compensation and calculating our Fee based upon this figure.
5 THE SCOPE OF OUR SERVICES TO YOU
5.1 When this Agreement starts, we will provide the Services set out in the Key Facts Document.
5.2 We will not pursue a Claim where in our professional opinion there is no reasonable chance of success. We will notify you within 7 Working Days if we reach this conclusion.
5.3 We will not offer you any advice concerning your investment, pension, mortgage or protection arrangements. You should seek professional advice from a reputable individual or business which is authorised by the Financial Conduct Authority.
5.4 We will not offer you any regulated legal advice. You should seek professional advice from a reputable individual or business which is authorised by the Solicitors Regulation Authority.
5.5 We are not responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement that is caused by events beyond our reasonable control. Such events might include network failures, war, terrorist activity, riots, malicious damage, fire, flood, storm, nuclear accident or compliance with any new law or governmental order, rule, regulation or direction. You or we may cancel the contract by notice to you if such an event continues for longer than four weeks, in which case you will not be charged any Cancellation Charge.
6 YOUR OBLIGATIONS
6.1 You must comply with any reasonable instruction from us and provide any information listed in the Key Facts Document.
6.2 In particular, you agree that you will: (a) supply us with any information or authority that we reasonably request relating to your Claim; and (b) ensure that all information that you provide us with is, to the best of your knowledge, accurate and not misleading; (c) inform us as soon as possible of any matters affecting your Claim including any offer of Compensation which is made to you by the Business and supply us with a copy of any offer letter or a letter of authority allowing us to obtain a copy of the letter directly from the Business.
7.1 Unless terminated or cancelled in accordance with these Terms, this Agreement will continue until we have completed the Services which will be when the Claim against the Business succeeds or fails.
7.2 You may terminate this Agreement by giving us notice using any of the contact details set out in the Key Facts Document either written or verbally: (a) if you change your mind at any time after the Cooling-off Period and wish to terminate in which case we will have the right to charge you for the Cancellation Charge or the Fee (if Compensation has been awarded); (b) stating details of the reasons for termination in your notice if (i) we break this contract in any material way and we do not correct or fix the situation within 30 days of you asking us to do so; or (ii) we go into liquidation or a receiver or an administrator is appointed over our assets or if we cease to carry on business, in which case you will not be charged any Cancellation Charge.
7.3 The cancellation charge will be calculated at £66 + VAT for every hour worked, capped at a maximum of £500 + VAT
7.4 If you are entering into this Agreement jointly with another person, any notice of termination must be signed by both of you.
7.5 If this Agreement is cancelled once an offer of Compensation has been made to you, we will charge the Fee in accordance with Condition 4.1 of this Agreement.
7.6 We may terminate this Agreement at any time with immediate effect by giving you notice if: (a) we find you have given us false information or acted fraudulently or if you break the contract in any other material way and you do not correct or fix the situation within 30 days of us asking you to do so, in which case we will have the right to charge you for the Cancellation Charge or the Fee (if Compensation has been awarded); (b) you or, if this Agreement has been entered into jointly by two persons, one of you: (i) enter into an Individual Voluntary Arrangement; (ii) have a petition of bankruptcy issued against you; (iii) are adjudicated bankrupt; or (iv) dies.
8 OUR LIABILITY TO YOU
8.1 We do not exclude or limit our liability for fraud or for death or personal injury resulting from our negligence.
8.2 Your legal rights (which include, for example, that we will provide the Service with reasonable care and skill and within a reasonable time) are not affected by anything in this Agreement. For more information about your statutory rights, contact your local Citizens Advice Bureau or Trading Standards Office.
8.3 If we breach this Agreement, save for the types of liability which we will not limit or exclude as set out in Conditions 8.1 and 8.2: (a) we limit our total aggregate liability to you under this Agreement in any year to a maximum of £5,000,000; and (b) we are only responsible for loss or damage you suffer that is a foreseeable result of our breach of the Agreement or our negligence but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into this Agreement.
9 YOUR PERSONAL INFORMATION AND CONFIDENTIALITY
9.2 Information we hold about you will not be disclosed to anyone other than: (a) where we are legally required to disclose; (b) where we consider it reasonably necessary to disclose the information to our carefully chosen suppliers, advisers and sub-contractors to use your personal details in order to provide the Services to you, to exercise our rights under this Agreement and also to monitor, develop and improve our Services including the computer and software systems used to provide those Services; (c) to pass on your personal information to the Business, their respective professional advisors or the Financial Ombudsman Service as is required for the purposes of performing our obligations under this Agreement.
10 CHANGES TO THIS AGREEMENT
10.1 We may revise this Agreement from time to time in the event of changes in relevant law and regulatory requirements. We will write to you to advise you of any such changes.
10.2 If you will be caused significant disadvantage by any change (for example, we increase our fee) we will notify you of that change at least 40 days before it takes effect. We will give you written notice by post or by email.
10.3 If we cannot advise you of the change at least 40 days before it takes effect (for example because of regulatory change at short notice), we will advise you of the change as soon as we reasonably can.
10.4 If you are caused significant disadvantage by any change, you may terminate the Agreement by notice to us in accordance with Condition 7.2. A Cancellation Charge will not be payable in these circumstances.
If at any time you are not happy with the Service that we have given you, please contact us using the details set out in the Key Facts Document so that we can do our best to resolve the problem for you. We have a written complaints procedure which is available either by visiting our website at www.emcasclaims.co.uk or by requesting it directly from us using the contact details set out in the Key Facts Document. If we are unable to resolve your concerns within a reasonable timescale then you can refer your complaint to the Legal Ombudsman. The Legal Ombudsman can investigate complaints up to six years from the date of the problem happening or within three years of when you found out about the problem. If you wish to refer your complaint to the Legal Ombudsman this must be done within six months of our final response to your complaint. If you would like more information about the Legal Ombudsman you can contact them in writing to: Legal Ombudsman, PO Box 6804, Wolverhampton, WV1 9WG. You can also contact the Legal Ombudsman by telephone 0300 555 0333 between 8.30am to 5.30pm and via email at firstname.lastname@example.org.
12 OTHER MATTERS
12.1 We may transfer our rights or obligations under this Agreement to someone else. We will always notify you in writing if this happens, but this will not affect your rights under these Terms. From the date of the transfer, your rights under or in connection with the Agreement, insofar as they relate to issues that arise after the transfer date, will be against the other person and not us.
12.2 If any court or other competent authority finds any of the terms of this Agreement to be invalid or unenforceable, the other terms of this Agreement will not be affected.
12.3 This Agreement is governed by and interpreted in accordance with the laws of England. Any dispute in connection with this Agreement will be subject to the exclusive jurisdiction of the English courts unless you choose the courts of your home in Scotland or Northern Ireland.