Financial Mis-selling Terms & Conditions
These are the Terms and Conditions that govern your Contract with Direct Redress Limited. In these Terms:
- “we” “our” and “us” refers to Direct Redress Limited. We set out our contact details in section 14.
- “you” and “your” refers to any person who has accepted these Terms.
Definitions
Claim – a claim for Financial Mis-selling with the lender(s).
Cooling Off Period – is the 14 day period following submission of your online application where you are able to cancel your contract with Direct Redress Limited without any financial penalty.
Letter of Authority – is the form that allows us to speak with the lender and discuss your claim application with them.
Lender – the financial institution the credit agreement was held with.
Services – are the services we will undertake (including the submission of a Letter of Authority or Claim to the lender).
Agent – is someone who deals with the lender on your behalf.
Please read these Terms carefully.
1. Contract
1.1 A contract will be created upon safe receipt by us of your application following your online submission where you have confirmed you have read and agreed to our Terms.
1.2 Upon the entering in to of a contract, both you and we will be bound by these Terms and we will commence the Services.
2. Financial Mis-selling
2.1 Following an application completion your Claim will be reviewed by a Direct Redress Claim Specialist.
2.2 We will submit your Claim to the lender(s) if it satisfies our initial assessment. Our submission of your Claim is not a guarantee of a Refund or a specific Refund amount.
2.3 If we decide not to submit your Claim, we may write to you and inform you of our decision. A decision not to submit your Claim is not indicative of any potential outcome should you choose to submit it independently.
3. The Letter of Authority
3.1 By signing the Letter of Authority, you agree that we:
- Will act as your representative with the lender(s).
ii. Will receive and process correspondence regarding your claim from the lender(s).
iii. Will correspond with lender(s) on your behalf to resolve issues related to your Claim.
3.2 Termination of the Letter of Authority:
- You may, at any time, terminate or request that we terminate the Letter of Authority. However, this may affect our ability to manage your Claim(s) as we will no longer be able to communicate with the lender(s) to discuss your Claim(s) and address any issues that may arise. Please refer to section 10 for our cancellation policy.
ii. You will be charged a minimum cancellation fee of £149 + VAT for work conducted to the point where a claim is cancelled after the 14 Day Cooling off Period but before your claim with the lender(s) has concluded.
iii. Where we receive a cancellation instruction after the date of offer from the lender(s), our full fee will apply.
4. Your Acknowledgements and Responsibilities
4.1 You acknowledge that at the time of entering and for the duration of the Contract with us:
- You wish for us to perform the Services as detailed in your application.
ii. You are not aware of any reason you cannot enter the Contract with Direct Redress Limited.
iii. All information you provide to us is true, accurate, and complete.
iv. By signing the application, you consent to our pursuit of your Claim.
4.2 If any of your personal details change, you must inform us without undue delay. You acknowledge that failing to do so may affect your Refund or our ability to make payments to you. Any delay in doing so may result in a delay in our ability to pay sums to you.
4.3 We ask that you provide any and all relevant information we may request without delay, including proofs of identity and address should they be required.
4.4 You may adversely affect or delay your Claim by attempting to appoint another Agent to act on your behalf or by contacting the lender(s) directly to request any Refund related to your Claim. You will be charged a minimum cancellation fee of £149 + VAT for work conducted to the point of Agent transfer, unless an offer of refund has already been made then our full fee will apply.
4.5 You must provide honest, accurate and correct details of your circumstances.
4.6 You accept that you may have to pay back any money received where the claim was based on incorrect information provided by you. If that happens, you will have no right to claim back any money from Direct Redress, including our fee, unless we have made an error too.
4.7 You accept that as part of providing our service we will carry out all relevant anti money laundering checks on you, as required by law.
4.8 You accept that, in the event of a successful claim, your account may be closed by the lender(s) and a repayment plan put in place by them for any outstanding balance.
5. Our Responsibilities
5.1 We will assess your claim and, if appropriate, pursue a claim for the Refund on your behalf.
5.2 We will not pursue your claim if our assessment deems it to be invalid. For example, if your responses to the qualifying questions show that the lender(s) have acted appropriately.
5.3 We will deal with all aspects of your Claim including all correspondence. On occasion it may be necessary for us to obtain further signed documentation from you to make this possible.
5.4 We will inform you of all and any offers of a Refund that we receive.
5.5 We will always act in your best interests when pursuing your claim with reasonable care and skill.
5.6 In the event that your claim is rejected we will, with your consent, refer your claim to the Financial Ombudsman Service for review.
5.7 We may undertake financial crime checks relating to you or your Claim. If you or your Claim fail any such check, we may seek more information from you. We may be unable to perform the Services until you successfully pass these checks.
5.8 We take no responsibility to return documents that you submit in support of your Claim. Please send photocopies only and refrain from sending original pieces of correspondence. Refer to our Data Retention Policy for more information on how we will process your documents.
6. Fees
6.1 We work on a No Win, No Fee basis. If you are due a refund following a successful claim, we follow our regulator, the Financial Conduct Authority’s pricing structure meaning you will be charged at the following rates of the awarded amount in consideration of us providing the Services.
- For refund amounts of between £1 and £1499 our fee will be 30%+VAT of the amount awarded, subject to a maximum fee of £420+VAT.
- For refund amounts of between £1500 and £9999 our fee will be 28%+VAT of the amount awarded, subject to a maximum fee of £2500+VAT.
- For refund amounts between £10000 and £24999 our fee will be 25%+VAT of the amount awarded, subject to a maximum fee of £5000+VAT.
- For refund amounts between £25000 and £49999 our fee will be 20%+VAT of the amount awarded, subject to a maximum fee of £7500+VAT.
- For a refund amount of £50000 or higher our fee would be 15%+VAT of the amount awarded, subject to a maximum fee of £10000+VAT.
Examples of how this works are as follows;
Refund Bands
| Refund Band | Refund Amount | % Fee Rate | Maximum Total Fee |
|---|---|---|---|
| 1 | £1 – £1,499 | 30%+VAT | £420 |
| 2 | £1,500 – £9,999 | 28%+VAT | £2,500 |
| 3 | £10,000 – £24,999 | 25%+VAT | £5,000 |
| 4 | £25,000 – £49,999 | 20%+VAT | £7,500 |
| 5 | £50,000+ | 15%+VAT | £10,000 |
Example Fees
| Total Refund | % Fee Rate | Fee Calculation | VAT Calculation | Fee Deducted | Refund to Client |
|---|---|---|---|---|---|
| £1,200 | 30% | £360 | £72 | £432 | £768 |
| £5,000 | 28% | £1,400 | £280 | £1,680 | £3,320 |
| £20,000 | 25% | £5,000 | £1,000 | £6,000 | £14,000 |
| £30,000 | 20% | £6,000 | £1,200 | £7,200 | £22,800 |
| £60,000 | 15% | £9,000 | £1,800 | £10,800 | £49,200 |
6.2 If any or all of the refund is offset by the lender(s) against any debt owing, our full fee will apply to the actual calculated amount awarded and not the refund amount received.
6.3 If the lender(s) send a Refund directly to us we will deduct our Fees and send you a cheque for the balance of your Refund to the address provided in your application.
6.4 If the lender(s) incorrectly send a Refund directly to you or a third party, we will send you an invoice for our Fees.
6.5 Fees will still apply to any Claim that has concluded and resulted in a Refund should a cancellation or termination instruction be received after the date of offer by the lender(s).
6.6 Fees will still apply to any Claim that has concluded and resulted in a refund as a direct result of, but not included within, our original complaint.
6.7 If you request a replacement payment, we will cancel the original cheque (if issued) and reissue the payment to you. This may be subject to an administration fee of up to £36 (including VAT) to cover our costs including bank charges.
6.8 We may take steps, including but not limited to legal action and potentially selling any debt to a 3rd party collection firm, to recover any unpaid Fees. This may include deducting any outstanding Fees from future Refunds received from the lender(s) on your behalf.
6.9 We may perform security checks, including verifying your identity and/or the identity of any nominated recipients, before making a payment. We reserve the right to withhold any payments due to you until such checks have been satisfactorily satisfied.
6.10 You have 12 months from the date we issue a cheque to notify us in writing of any issues relating to your Refund or request a replacement cheque. If you fail to contact us within that time, we may be unable to review your issue or reissue a cheque.
7. Refer a Friend
7.1 Refer a Friend is only open to UK residents aged 18 or over.
7.2 By Referring a Friend you (the referrer) agree to be bound by these Terms and Conditions. Entering your friend/colleague’s details in our Refer a Friend page on our website is considered an acceptance of these terms.
7.3 How to Enter: The Referrer must complete the contact name and a valid mobile number and/or email address of their friend or colleague in to the Direct Redress Refer a Friend website page.
7.4 Referrers will receive a cheque payment of £25 for each new friend they refer to Direct Redress where a valid Financial Mis-selling claim is submitted and a minimum refund of £500 is issued by the lender.
7.5 The individual referred must be a new Financial Mis-selling contact to Direct Redress Limited. If they are already a Direct Redress Limited Financial Mis-selling client no referral payment will be made.
7.6 If the individual is referred by two different referrers, only one payment will be made to whomever made the first referral, as recorded by Direct Redress.
7.7 Referral payments will be made in relation to Financial Mis-selling claim filed by the person referred within four weeks of the claim completion and refund issued by the lender.
7.8 All referrer cheque payments will be issued to the address registered with Direct Redress. We do not accept responsibility for the loss of payment or for any delays caused by a change of address that has not been notified to us. It is at our discretion as to whether a further cheque will be sent to the new address under these circumstances.
7.9 Direct Redress reserve the right to disqualify referrers whom we consider to have not complied with these Terms.
7.10 Direct Redress shall have the right, where necessary, to undertake any action that is reasonable to protect itself against fraudulent or invalid claims including, without limitation, to require further verification as to the identity, age and any other relevant details of the claimant.
7.11 The person referred by the referrer must be a genuine friend or colleague. Any referral(s) made which is deemed to not be in the spirit of the Refer a Friend scheme will be disqualified and any reward payment will be void. This includes referrals made via consumer groups, third parties, syndicates, applications by macros or other automated means (such as computer(s) to circumvent this condition by, for example, the use of script, manipulation of IP addresses or the use of identities other than their own).
7.12 Our decision in this case is final and no further correspondence will be entered into following this.
7.13 Direct Redress will only use the personal information supplied by the referrer for the administration of the Refer a Friend scheme.
7.14 By entering the Refer a Friend scheme, you (the referrer) agree to release Direct Redress from any liability whatsoever for any claims, costs, injuries, losses or damages of any kind arising out of or in connection with the Refer a Friend scheme.
8. Our Liability
8.1 We will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity related to our Services.
8.2 We accept no liability for any consequential damage or loss arising from or in connection with any act or omission by us.
8.3 Notwithstanding Paragraphs 8.2 and 8.3 above and 8.5 below, we do not seek to exclude or limit our liability where such liability cannot be excluded or limited by law.
8.4 Subject to Paragraph 8.4, our total liability for any claim you have against us in connection with the Contract or otherwise (e.g. tort, misrepresentation, or restitution) shall in all circumstances be limited to the amount of your Refund (either paid to you or offset against any debt owed to the lender if applicable).
9. Data Protection
9.1 Information and documentation you provide to us to enable us to perform the Services may constitute personal data under the Data Protection Act 2018 and UK GDPR. We will comply with the law as applicable.
9.2 We may pass your personal data to the lender and/or the Financial Ombudsman Service to perform the Services or to the extent we are legally obliged to do so.
9.3 We refer you to our Privacy Policy on the Website, in which we set out how we process your personal data, and how you may contact us regarding our processing.
10. Cancellation and Termination
10.1 You have the right to cancel the Contract in any circumstances without any penalty or fees during the 14 day Cooling-Off Period.
10.2 If you request to cancel the Contract after the Cooling-Off Period, we will terminate the Contract providing no offer of refund has been issued or received. You will be charged a minimum cancellation fee of £199 + VAT for work conducted to the point where a claim is cancelled after the 14 Day Cooling Off Period but before your claim(s) with the lender(s) have concluded. Any claim cancelled after the date of offer from the lender(s) will be subject to our full fee on the amount awarded.
10.3 Any request to cancel or terminate the contract must be made either in writing and sent to us or by email to info@directredress.com
10.4 We reserve the right to terminate the Contract at any time by giving you notice in writing, if:
- We discover or reasonably believe that you are using the Services fraudulently or with the intent to commit fraud or any other illegal activity.
- We discover or reasonably believe that a court in England or any other part of the United Kingdom has convicted you of a crime other than a motoring offence.
- We discover that you have breached any of the Terms of the Contract.
- You fail a financial crime check that we may perform on you or your Claim.
- You refuse to assist us in performing the Services whether or not this constitutes a breach of section 4.
- You threaten or abuse any member or associate of Direct Redress Limited.
11. Survival Clauses
11.1 Each of the paragraphs in these Terms operates independently. If a court or relevant authority deems any of them unlawful, the remaining clauses will remain in full force and effect.
11.2 Paragraphs that survive termination of the Contract: 3 (Letter of Authority), 6 (Fees), 8 (Liability), 9 (Data Protection), 11 (Survival Clauses), 12 (Entire Agreement), 13 (Jurisdiction) and 14 (Complaints and Your Legal Rights) survive the termination of the Contract for whatever reason. The termination of the Contract does not prejudice any rights or remedies that were available to either party prior to the termination of the Contract.
12. Entire Agreement
12.1 These Terms constitute the entire agreement between the parties and supersede all previous versions, as well as any other written or oral agreements, arrangements, and understandings regarding their subject matter.
12.2 If we fail to insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we ever do actually waive our rights because you have or haven’t done something, we will only ever do this in writing (and that does not mean that we will automatically waive our rights if you do something wrong later)
13. Jurisdiction
13.1 These Terms and the Contract are governed by English law. Both parties agree to submit to the exclusive jurisdiction of the English courts.
14. Complaints and Your Legal Rights
14.1 Nothing in these Terms will affect your consumer rights. You can contact your local Citizens’ Advice Bureau or the Trading Standards’ office for further information about your consumer rights.
14.2 If you are unhappy with the Services, you have the right to make a complaint. Please see Clause 15 for our contact details.
14.3 If you are unhappy with how we have handled your complaint, you can contact the Financial Ombudsman Service. You will have six months from the date of our Final Response in which to do this. Should you refer to the Financial Ombudsman Service after this six month referral period has expired they will not have our permission to review your complaint.
15. Our Contact Details
15.1 If you wish to contact us, or exercise your rights or obligations under these Terms to provide us with written notice, you can contact us by e-mail at info@directredress.com, or by post to Direct Redress Limited at Booths Park 5, Booths Park, Chelford Road, Knutsford, Cheshire, WA16 8GS.
15.2 If we have to contact you or give you notice in writing, we will do so by e-mail or by post to the address you provide to us in the Application (or any other address you subsequently provide to us).