Terms

Payment Protection Insurance Terms

1. What Red Star Financial Management (the company) Will Do For You:

a) The company will assess your PPI for potential mis-selling. If appropriate The company will pursue on your behalf, a claim for reimbursement/compensation.
b) The company will inform you of any offers that we receive from your lender.
c) The company aim to provide you with a professional and dedicated service and use all reasonable skill and care in processing your claim.
d) The company will always act in your best interests in pursuing the claim and obtaining the best results.
e) The company will assess the reasonableness of any offers in accordance with the relevant regulatory body guidelines.
f) Claim(s) relate to the mis-selling of a payment protection insurance (PPI) policy on any account. Including Plevin Eligible Claim(s) means claims relating to the failure to disclose commission charges following the Supreme Court Judgment in Plevin v Paragon Personal Finance Ltd 2014.

2. What The Company Will NOT Do For You:

a) The company is unable to provide advice regarding the potential risk of cancellation of any PPI policy by the lender after any complaint is logged. We do however strongly suggest that you seek alternative protection for any continued credit agreement that you may have where PPI has been applied.
b) The company will NOT give or offer any financial advice.
c) The company will NOT arrange alternative insurance or payment cover in any such event that your lender may cancel your insurance once a claim is submitted. We must inform you that it is highly likely that your lender will cancel your protection once. The company have submitted a claim. We therefore request that you consider this before we submit any claim.

3. What The Company Expects From You:

a) To provide the company with all the relevant information in relation to your claim, including regularly updating the company of any new address/telephone number(s). The information should be accurate and not misleading.
b) To cooperate with the company including sending any relevant correspondence that you receive in relation to your claim, including informing the company of any verbal contact you may receive from a lender. Not providing this information may result in your claim being delayed.
c) The company will issue Letter of Authority (LOA) forms to you from time to time. It is important that you return these as soon as possible as some lenders expect updated authority on a regular basis.
d) You must inform the company as soon as you receive any offer of settlement from your lender directly.
e) Should you receive any form of compensation directly from your lender the company will invoice you for the fee that will become due. This will be payable within 7 days of the settlement being made.

4. Fees:

a) The company will charge 20% + VAT (24% inclusive of VAT) of the total amount awarded to you. Please note, the redress is calculated prior to HMRC’s deduction (HMRC’s deduction only applies to the additional 8% statutory interest).
b) VAT will be charged on all of the company fees at the standard current rate.
c) If we find that the amount of undisclosed commission involved in the sale of your PPI policy was unfair, you should receive a refund of any undisclosed commission along with the interest that you have incurred on this and in many cases a further interest of 8% on this figure. Fees listed in section 4a will still apply.
d) If no award is made the fee will not be applicable.
e) If you fail to pay the balance within 7 days of receipt of payment, the company reserve the right to charge Interest (in line with the Bank of England Statutory current Interest Rate) and Court Fees if necessary.
f) You may cancel this agreement at any time however the company may charge for any work undertaken. In the event that the agreement is cancelled you may be subject to pay cancellation fees (listed in section 5j).
g) Your Lender may decide to re-investigate your complaint. If this results in your claim being upheld you will still be liable for our fees.

PPI Fees Example

5. Cancelling This Agreement:

a) In the event that the company cancels this agreement because the claim is unlikely to succeed, no fee will be payable.
b) There is a 14 day cooling off period in which you may cancel the agreement without any charge. The 14 days begins from the date the company receive your signed agreement.
c) The company may cancel this agreement at any time if there has been a material breach of the contract.
d) In any circumstance other than those described above, the company may charge a fee for the work that the Company has undertaken.
e) These T&C’s encompass any number of claims undertaken by the company on your behalf.
f) Cancellation of this agreement by either party must be in a clear statement such as e-mail, letter or telephone conversation. Alternatively you can complete the cancellation form on our website.
g) You may cancel this agreement at any time however the company will charge for any work undertaken after the 14 days cooling off period as explained in section 4.
h) If you cancel after compensation has been awarded the company reserves the right to charge the full fee.
i) If we recover money on your behalf and you refuse to pay our fees, we have authority to validate your application details with Credit Reference Agencies. We also reserve the right to perform a search if you fail to abide by the terms in this agreement which will assist us in recovering fees.
j) If you cancel the claim(s) after the 14 day Cooling Off Period for any reason the company may impose a cancellation charge which will be reasonable and proportionate to the work done and the costs incurred by the company up to the point of cancellation. This will vary depending on the status of the claim process. If your claim(s) have been sent to FOS, a charge of £60 (including VAT) per claim will be payable. If any manual communication has taken place e.g. outgoing calls, letters, emails to or from you or the company, then a charge of £48 (including VAT) will apply for each claim. If a lender has made an offer of compensation then the full fee (listed in section 4a) will still apply if a customer expresses a wish to cancel.

6. Complaints:

a) Whilst the company strives to offer the best possible service, should you wish to complain, details of our Complaints Procedure is available on our website at www.redstarfm.com/complaints

7. Data Protection:

a) The privacy and security of your personal information is very important to us. Any personal information submitted to us will be subject to the provisions of the General Data Protection Regulation 2016/679 (GDPR) and any legislation enforced within the UK in order to comply with GDPR, unless required to do so by law or a professional body, we will not disclose any personal data to any other person or organisation without the required consent.
b) We want to ensure you that the claimant information will be properly managed, protected and respected. You can be assured any information you provide us will be used strictly in accordance with the terms laid out in this statement.
c) The privacy statement explains how we collect and use the claimant personal information, what choices they have and other important information. You can find our full privacy policy on our website at www.redstarfm.com

8. Other:

a) You are entitled to seek further advice in relation to your claim and to consider what services might be most appropriate to your claim for compensation. In particular you have the right to shop around and you should be aware of the services provided by the Financial Ombudsman Services.
b) This is a legally binding contract and in signing it the Client is accepting the Company’s Terms of Engagement. If the Client is in any doubt concerning the Terms of Engagement, the Client should seek independent legal advice.
c) The Company is governed by UK law.
d) If we identify any additional PPI for any lenders after the initial LOA has been signed, the fees will be based on the date of the original signed LOA, as this is where you had agreed to our Company’s Terms of Engagement.

Packaged Bank Accounts Terms of Business

Red Star Financial Management Ltd – Terms of Engagement

THIS AGREEMENT

Red Star Financial Management Ltd is a claims management company and is registered in England and Wales, Company number 07044178, registered address: St Georges House, Peter Street, Manchester, England, M2 3NQ(‘hereafter referred to as Red Star’).

This agreement creates a contractual relationship between Red Star Financial Management Ltd(hereafter referred to as Red Star’) and the individual(s) who prints their name(s) and sign this agreement (‘hereafter referred to as the client) for Red Star to advise, investigate and represent the client to lodge a complaint, on the client’s behalf, against relevant third parties (‘hereafter referred to as the provision of claims management services’).

The client appoints Red Star under this agreement as its exclusive agent to provide claims management services to the client.

Any subsequent agreement(s) that the client enters into with a third party to pursue the claims intended to be pursued by Red Star under this agreement without cancelling or terminating this agreement shall be void and this agreement shall supersede the subsequent one.

Definitions

1a. “Respondent” means the clients Lender or Bank, to whom the Letter of Authority (LOA) is addressed.

1b. “Compensation/Settlement” means any sums offered, paid or given in respect of a settlement, goodwill gesture, redress, compensation or policy refund or rebate or any other payment associated with the Packaged Bank Account Claim(s) including any interest payments and associated charges.

1c. “Initial Pack” means the first pack Red Star sends to You about a Packaged Bank Account Claim(s), requesting your instruction to commence the Claims Management Services.

1d. “Letter of Authority (LOA)” means the document to be sent to the Respondent containing Your authority for Red Star to act on Your behalf. A LOA(s) will be provided as part of Your Initial Pack and Red Star may require You to sign a further LOA(s) during the Claims Management Services.

1e. “FOS” means the Financial Ombudsman Service.

1f. “FCA” means the Financial Conduct Authority.

REGULATORY STATUS

2. Red Star Financial Management Ltd is authorised and regulated by the Financial Conduct Authority (FRN:831588)

CONTACT DETAILS

3. Red Star Financial Management Ltd can be contacted using the following contact details:

ST GEORGES HOUSE, MANCHESTER, M2 3NQ

Telephone: 0161 834 5333, Email: info@redstarfm.com

COMMENCEMENT

4. This agreement commences from the date printed in the acceptance section of this agreement.

DURATION

5. Except where Red Star or the client cancels or terminates this agreement, it shall continue until the settlement of the claim(s).

SERVICES

7. The claims management services that will be provided by Red Star will be as follows:

7.1 You will receive an Initial pack from Red Star which contains: Welcome Letter, Two Copies of these Terms of Engagement (one marked as client copy to be retained for your records and the other marked business copy for you to read, sign and return to Red Star), a LOA (s), Complaint Handling Policy, Cancellation Form.

7.1 Submitting an information request on behalf of the client to the respondent(s) to establish that the client and the respondent(s) had a relationship.

7.2 Obtaining relevant information from the respondent(s) to investigate the merits of the client’s claim.

7.3 Obtaining relevant information from the client to ascertain the basis of the claim and investigate its merits.

7.4 Advising the client(s) about whether their claim(s) have a prospect of success or not prior to presenting the claim to a respondent.

7.5 Submitting a claim to the respondent(s) on behalf of the client.

7.6 Liaising with the respondent(s) post-submission of the claim where necessary until settlement of the claim.

7.7 Liaising with the respondent(s) post-submission of the claim(s) to obtain further information, where required, and to communicate material developments about the claim(s) until settlement.

7.8 Advising the client about any particular steps that are required to be taken at certain stages of the claims process. This includes advising the client about the possibility of escalating the complaint to a statutory ombudsman such as the Financial Ombudsman Service if rejected by the respondent.

SERVICE FEES

8.1 No fees will be charged to you in respect of an unsuccessful claim.

8.2 Red Star charges 42% (including VAT) for the provision of the claim’s management service including redress/compensation/good will gesture payment recovered on your behalf under this agreement in relation to a Packaged Bank Account claim.

8.3 The success fee is based on the gross amount of redress/compensation you are offered.

8.4 Red Star’s success fee (s) will reduce the amount of cash in hand compensation the client will retain.

8.5 Should you receive and accept an offer for the balance of a credit agreement to be written off, or for redress/compensation to be offset against arrears, the fees will be calculated at 42% (including VAT) of the write off or amount offset. In these circumstances our fee must be paid from your own funds.

Examples of the fee structure are set out below and can be explained further by contacting us directly:

Example A: Compensation is paid in full

Total compensation: £3000

Of which award is £3000

Fee charged @ 35% £1050

VAT@ 20% £210

Total Fee owed to Red Star £1260

Consumer receives £1740

(and no reduction as there is no debt on the account)

Example B: Compensation includes redress amount awarded to claimant with overdraft reduction

Total compensation: £3000

Of which cash award is £1500

Overdraft reduction: £1500

Fee charged @ 35% £1050

VAT @ 20%:  £210

Total Fee owed to Red Star £1260

Consumer receives £1500 overdraft reduction and £1500 cash in hand.

Example C: Compensation is used to offset arrears if consumer has on overdraft.

Total compensation: £3000

Overdraft reduction: £3000

Of which cash award is £0

Fee charged @ 35% £1050

VAT@ 20%: £210

Total Fee owed to Red Star £1260

Consumer receives £3000 overdraft reduction and £0 cash in hand.

8.6 Red Star’s service fees become due when the client is in receipt of payment of redress/compensation from a respondent.

8.7 An invoice will be raised and sent to you; payment will be required within 7 days from receipt of the invoice.

8.8 Red Star’s service fees shall be payable through the methods utilised by Red Star at the time of collecting the fees due under this agreement.

8.9 In the event that a fee due to us by you remains unpaid in accordance with Term 8.7 we ask that you contact us to discuss the unpaid invoice.  Should the invoice remain unpaid Red Star may commence debt collection proceedings to recover the amount due.  Red Star reserves the right to increase the amount owed equivalent to its reasonable costs of the recovery.  Should Red Star have to take legal action against you to recover monies owed a court may also award additional costs and/or statutory interest of 8% per annum.

CLIENT OBLIGATIONS

9. The client makes the following undertakings by entering into this agreement:

9.1 To provide Red Star with all documentation likely to be needed to pursue the claim(s). This includes documentation showing the respondent(s) and the client had a relationship and documentation that evidences the alleged wrongdoing.

9.2 To be truthful and honest in all its dealings with Red Star.

9.3 To cooperate with Red Star to enable Red Star to provide its claims management services.

9.4 To notify Red Star prior to entering into this agreement whether the client has alternative means of pursuing the claim(s).

9.5 To notify Red Star prior to entering into this agreement whether the client has any outstanding liabilities owed to a respondent.

9.6 To notify Red Star prior to entering into this agreement whether the client, whether in Great Britain or in another jurisdiction has been subject to bankruptcy, a debt relief order, an IVA, sequestration, or a similar arrangement.

9.7 To communicate all relevant information to Red Star as promptly as possible.

9.8 To respond to Red Star’s information requests as promptly as possible.

9.9 To forward to Red Star correspondence from the respondent(s) that relate to the claim(s) as promptly as possible.

9.10 To notify Red Star when an offer of redress/compensation is made by a respondent.

9.11 To accept offers of redress that Red Star advises are reasonable and are in accordance with FOS/FCA guidelines.

9.12 To notify Red Star when in receipt of redress/compensation paid by a respondent; and

9.13 To make payment of Red Star’s service fee when it falls due in accordance to this agreement.

FIRM OBLIGATIONS

10. To exercise due skill, care, and diligence in providing the claims management services under this agreement. Notwithstanding, Red Star does not guarantee the client a successful claim.

10.1 To keep the client informed about the progress of the claim.

10.2 To communicate to the client information received by Red Star on behalf of the client from third parties for the attention of the client as promptly as possible and, in any event, within 10 working days.

10.3 To communicate information received by the client for the attention of third parties such as a respondent as promptly as possible and, in any event, within 10 working days.

10.4 To act in the best interests of the client; and

10.5 To be truthful and honest in all its dealings with the client.

COMPLAINTS

11. The client can refer to Red Star’s complaints handling policy provided as part of the pre-contract claims pack or available from Red Stars website in the event that the client is dissatisfied about Red Star’s claims management services and wishes to express such dissatisfaction.

CANCELLATION

12. The client can cancel this agreement at any time within 14 days without giving any reason and without incurring any liability.

13. The client can communicate their cancellation by telephone, in writing, by e-mail or in person or can use the cancellation form appended to this agreement or by finding the cancellation form on our website: www.ppi-register.com

14. To meet the cancellation deadline, it is sufficient for the client to send communication concerning the exercise of the right to cancel before the cancellation period has expired.

TERMINATION

15. The client can terminate this agreement at any time after the 14 days cancellation period.

16. Red Star can charge the client a termination fee of £85 (Including VAT) per hour for work carried out if the client terminates the agreement after the 14 -day cancellation period. The termination fee will reflect the hours undertaken on the clients claim(s) up to a maximum of 5 hours per claim.   An invoice will be sent which will explain what claims management services Red Star has provided and how the termination fee has been calculated.

BREACH

17. Where either party fails to fulfil its obligations under this agreement the non-breaching party shall give the breaching party an opportunity to remedy the breach in good time.

18. Failure by the breaching party to remedy the breach in good time shall entitle the non-breaching party to terminate this agreement without notice and without incurring any liability.

19. Both parties shall be entitled to terminate this agreement with immediate effect and without giving the breaching party an opportunity to remedy the breach if the breach relates to either party’s failure to fulfil its obligations of truthfulness and honesty.

20. If Red Star terminates the agreement pursuant to clause 15.2 or 15.3 and the termination takes place outside of the 14-day cancellation period Red Star will charge the client its termination fee.

FINANCIAL OMBUDSMAN SERVICE

21. Red Star is subject to the Financial Ombudsman Service’s jurisdiction (hereafter referred to as the FOS). Further information about the FOS can be obtained on the following website: www.financial-ombudsman.org.uk/

RISKS

22. There are the following risks involved in making a claim:

22.1 The possibility of not recovering any cash in redress but becoming liable to pay Red Star’s fees.

22.2 If the client has outstanding liabilities with the respondent there is a possibility that any compensation/redress will be off-set against those outstanding liabilities and the client may still be liable to pay Red Star’s service fees from their own funds;

22.3 If the client, whether in Great Britain or in another jurisdiction has been subject to bankruptcy, a debt relief order, an IVA, sequestration or a similar arrangement the compensation/redress might, in certain circumstances be off-set against the client’s outstanding debts; and the client will, where necessary,  still be liable to pay Red Star’s service fees from their own funds.

EXCLUSIONS

24. Red Star excludes liability to the client for any tax liability incurred due to the client’s failure to pay tax on the compensation/redress received. It is the client’s responsibility to fulfil their personal tax obligations. Professional financial advice should be sought by the client if in doubt of their tax obligations.

25. Nothing in this agreement shall exclude Red Star’s liability in the event of death or personal injury to the client resulting from an act or omission of Red Star.

26. Neither party shall be liable for a breach of this agreement by failing to perform their obligations under this agreement due to force majeure or any unforeseeable circumstance outside the control of the affected party.

VARIATION OF TERMS

27. Neither party shall vary the terms of this agreement without the consent of the other party.

ASSIGNMENT

28. Red Star shall be entitled to assign its rights, duties, obligations and/or benefits under this agreement to a third- party claims handler who will take on the meaning of the Firm in this Agreement.

29. Should an assignment take place the client does not lose any rights under this Agreement.

30. Any variation to the terms of this agreement following an assignment must be in accordance to clause 27.   

31. The client is prohibited from assigning their rights, duties, obligations and/or benefits under this agreement to a third party.

THIRD PARTIES

32. The parties to this agreement do not intend for any term under this agreement to confer a benefit to a third party or to be enforceable by a third party pursuant to the Contracts (Rights of Third Parties) Act 1999 unless in accordance with clause 28.

DISPUTES

33.This agreement has been constructed in accordance to English and Welsh contract law.

34. By entering into this agreement both parties agree that any disputes that arise about the terms of this agreement shall be settled in accordance to English and Welsh law.

35. Both parties submit to the exclusive jurisdiction of the English and Welsh courts to resolve any legal disputes that arise under this agreement.   

OTHER INFORMATION

36. You do not need to use a claims management company to make your Complaint to your bank/lender. You can do this yourself for free and if your complaint is not successful you can then refer it to the Financial Ombudsman Service yourself for free.