Our Firm’s policy encouraged by the Solicitors Regulation Authority is to explain from an early stage the terms upon which we act for you, the client. These terms are intended to apply to all works undertaken for you (now and in the future) unless otherwise agreed. In order for us to deal with your claim efficiently we would be obliged if you read the following carefully.
Objectives and Issues
We have been instructed by you to pursue a claim for compensation for a Mis-Sold Packaged Bank Account and/or an investment product in the form of stocks/shares/ISA/Unit Trust/Investment Bond and/or Mis-Sold Self Invested Personal Pension (SIPP) and/or to pursue a Marriage Tax Allowance claim and/or to pursue a claim for recovery of any tax rebate or tax deducted from your PPI compensation claim, where applicable, from HMRC. We can advise that we will need to obtain documentation to substantiate your claim and where necessary, if settlement of your case is not possible by negotiation, we may need to commence Court Proceedings.
We shall take all reasonable steps to pursue your claim and/or your claim for compensation against the Pension Provider/ Bank/Building Society/Card Provider/Finance Provider/Loan Broker/Underwriter/Insurance Provider/Financial Advisor/HMRC (as appropriate) to include preparing any necessary correspondence and requesting that they investigate all PPI policies or Payment Protection Products (if known by another name) and/or Packaged Bank Accounts and/or investment products in the form of stocks/shares/ISA/Unit Trust/Investment Bonds and/or SIPPS taken out in your name, where applicable. We will also review all information provided in relation to your claim. We will also provide representation with the Financial ombudsman where applicable
To co-operate fully with us in progressing your case, to provide prompt, honest and accurate instructions, to provide full disclosure of all information relevant to your case favourable or otherwise, to provide any documentation and information relevant to your case for example, all applicable documentation relating to any PPI Policy or Payment Protection Products (if known by another name) and/or Packaged Bank Account and/or investment product in the form of stocks/shares/ISA/Unit Trust/Investment Bond and/or Mis-sold SIPP, to return promptly any Court documents subject to your agreement duly signed and to attend any Court Hearings, if required to attend to give evidence. In accordance with our internal client identification and verification procedures we are required to carry out client due diligence checks. If you have not already done so you are required to provide us with a copy of your passport or driving licence and proof of your address that is less than 3 months old. This may be by way of bank statement, utility bill or equivalent.
People Responsible For Your Work
Mr Zegum Hussain specialising in this area will be responsible for your case and if he is not available his secretary will be happy to take any messages for you. However, he may delegate under his supervision certain aspects of your case to other members within his team during the progression of your case. Mr Ayaaz Khan (Director) will be responsible for the overall supervision of your case. We try hard to avoid changing the people who are handling your case, if this cannot be avoided, we will notify you promptly on who will be handling your case (and why the change was necessary) and we reserve the right to allocate other staff to your case where necessary.
Charges and Expenses
We must advise you that we have agreed to deal with your case under a Damages-Based Agreement (copy enclosed), a type of ‘no win, no fee’ agreement, whereby on your claim being successful and upon our recovering any tax deducted from your compensation payment, we will charge you a Fee of 39% plus VAT of your compensation in respect of your Marriage Tax Allowance claim and/or your claim for a tax rebate to include a tax rebate on any Payment Protection Insurance compensation claim and 39% plus VAT of your compensation in respect of your claim for a mis-sold Packaged Bank Account and/or an investment product in the form of stocks/shares/ISA/Unit Trust/Investment Bond and/or Mis-sold SIPP. By agreeing these Terms and Conditions you are confirming your agreement to the enclosed Damages Based Agreement and for us to act for you on this basis and you are granting us the power to act on your behalf in relation to the recovery of any tax deducted from your compensation payment and the submission of an R40 form to HMRC. By agreeing to these Terms and Conditions you are also agreeing to assign to us (transfer ownership to us) any monies we recover on your behalf from HMRC in respect of your Marriage Tax Allowance claim. We require that you promptly pay our fee, no later than 7 days after you receive your compensation (if you are paid direct) or if you have no intention of accepting the offer and we recommend that you do so, 7 days after our recommendation. You authorise us to act as your nominee by agreeing to these terms and conditions in respect of the recovery of any tax deducted from your compensation payment to HMRC meaning that you are giving authority to HMRC to make payment of any refund(s) due directly to Goldman Knightley Solicitors. We must advise you that in the event of a successful complaint, your mis-sold PBA and/or an investment product in the form of stocks/shares/ISA/Unit Trust/Investment Bond and/or SIPP will be cancelled and it is your responsibility to arrange a replacement product if required. By agreeing these terms and conditions you are confirming that you understand that if the Pension Provider/ Bank/Building Society/Card Provider/Finance Provider (as appropriate) uses redress monies to reduce an outstanding debt balance owed on any product you have with them you will remain liable for the total fee owed to us in respect of our services.
Example of our fee: –
You receive compensation in the sum of £2,500.00 – the fee payable to us would be £975 plus £195 VAT totalling £1,170 leaving you with £1,330.00. Please note that the Pension Provider/Bank/Building Society/Card Provider/Finance Provider (as appropriate) could use your compensation to pay off any debt you may have, for example an overdraft facility. Regardless of this our full fee would still be payable.
We must advise you that you may have the option to pursue your claim for compensation for any potential Mis-sold Packaged Bank Account and/or an investment product in the form of stocks/shares/ISA/Unit Trust/Investment Bond and/or Mis-sold SIPP on a private paying basis whereby you would pay solicitors an hourly fee for the time spent on your case. However, Goldman Knightley Solicitors do not operate these types or claims on a Private paying basis. If you wish to pursue your claim on this basis you will need to instruct another firm of solicitors. We must also advise you that you can also pursue your claim for a mis-sold Packaged Bank Account and/or an investment product in the form of stocks/shares/ISA/Unit Trust/Investment Bond and/or mis-sold SIPP and/or your Marriage Tax Allowance claim and your claim for recovery of any tax rebate or tax deducted from your PPI compensation claim yourself directly with your Pension Provider/Bank/Building Society/Card Provider/Finance Provider/Loan Broker/Underwriter/Insurance Provider/Financial Advisor/HMRC (as appropriate) and use the free services of the Financial Ombudsman Service (FOS) (where applicable) to do so. Please note that Goldman Knightley solicitors do not offer any guarantee about the outcome of your case but can confirm you will not be charged should there not be a successful outcome.
By agreeing to these terms and conditions you agree not to enter into any agreement with your Pension Provider/Bank/Building Society/Card Provider/Finance Provider/Loan Broker/Underwriter/Insurance Provider/Financial Advisor (as appropriate) without first consulting Goldman Knightley Solicitors. In the event legal proceedings are necessary we may not be able to continue to pursue your case by way of a Damages Based Agreement. We will inform you at an inappropriate interval whether we believe legal proceedings are necessary and will advise you of the other forms and methods of progressing your case at that juncture.
In the more straight forward cases, if your case relates to a Mis-Sold Packaged Bank Account and/or a claim for Marriage Tax Allowance and/or a claim for the recovery of any tax rebate or tax deducted from your PPI compensation payment to HMRC, we anticipate a settlement of your case within 2 to 4 months of instructing us. If your case relates to a Mis-sold investment product in the form of stocks/shares/ISA/Unit Trust/Investment Bond and/or Mis-sold SIPP we anticipate a settlement of your case within 9 to 12 months of your instructing us. However, if there are likely to be delays in the settlement of your case, we shall notify you of the reasons for any delays.
Your Authority For Us To Make Deductions From Your Compensation
By agreeing to be bound by these terms and conditions of business, you authorise the organisation against whom your claim is successful (“the Defendant”) and HMRC to release to us any compensation or tax recovered on your behalf. You further authorise Goldman Knightley Solicitors on successfully pursuing your claim for compensation to deduct from your damages (“compensation”) sent to us by the Defendant and/or HMRC the amount payable to us as referred to above in respect of the Damages Based Agreement.
Confidentiality and External Audits
Our regulator the Solicitors Regulation Authority (SRA), if applicable to your claim the legal expenses insurer or their appointed agent or if applicable to your claim the introducer agent may request an audit of your file. We shall assume that you have no objections to your file being audited by any of the above parties unless you instruct us otherwise. By agreeing these terms and conditions you are agreeing for the Claims Management Company, as detailed below, to have access to your personal information to enable them to assist in the processing of your claim. Furthermore, by agreeing these terms and conditions you agree for the Claims Management Company to continue to assist in obtaining documentation through the progression of your claim.
Equality and Diversity
We are committed to promoting equality and diversity in all our dealings with clients, third parties and employees
and are required to produce a written equality and diversity policy which we are able to provide to you on request.
Limitation (Time period to make a claim)
In English Law pursuant to the Limitation Act 1980 with regards to pursuing your claim for a Mis-sold Packaged Bank Account and/or your claim for a Mis-sold Investment in the form of stocks/shares/ISA/Unit Trust/Investment Bond and/or your claim for a Mis-sold SIPP you have a period of 6 years from the date you entered into the account or 3 years from the date you became aware, or ought to have become aware that the account had been Mis-sold to you (known as the date of knowledge) within which to commence Court Proceedings failing which your claim will be “statute barred”, that is you will be out of time to pursue your claim thereafter and will not be able to recover any compensation.
Advertising and Marketing Agency
We note that your case has been referred to us by a Marketing Company. Goldman Knightley Solicitors has entered into a marketing agreement with this Marketing Company to pay them a fixed percentage of our fee recovered for pursuing your claim. The fee being 65% inclusive of VAT of our fees recovered. We must stress that this is not in addition to the fee that you have agreed to pay to us.
You receive compensation in the sum of £2,500.00 – the fee payable to us would be £975.00 plus £195.00 totalling £1,170.00 leaving you with £1,330.00. Our fee payable to the Marketing Company is £760.50. This fee will be taken from the £1170 fee payable to us thus still leaving you the sum of £1,330.00.
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 unless otherwise agreed to by you and as stated within these terms and conditions.
We want to assure you that your client 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. This privacy statement explains how we collect and use your client personal information, what choices you have and other important information. You can find our full privacy statement on our website www.goldmanknightley.co.uk
Whilst we expect that you will be satisfied with our work, if you feel that you have cause for criticism or complaint in respect of any aspect of the service provided by this firm to include a complaint about our bill, you are entitled to complain, and we would invite you to address your complaint initially, in writing, to Mr. Ayaaz Khan, (a Director) or by telephone for immediate consideration so that any appropriate action can be taken without delay. On receipt of your complaint we shall automatically invoke the firm’s Complaints Procedure which includes writing to you to notify you of how the complaint will be handled and within what timescales you will be given an initial or substantive response and thereafter we shall conduct an internal investigation handled by a senior member of the firm resulting in a full written response to you in compliance with the firm’s Complaints Procedure. On occasions, we may invite you to attend a meeting to explain the outcome of our investigation in more detail, in an effort to ensure that you will receive an adequate summary of the steps taken to resolve any problems. On concluding our investigations into your complaint, if you remain dissatisfied with the outcome, you have the right to complain to the Legal Ombudsman so long as the complaint is made within 6 months of you receiving our final response to your complaint and in any event within 12 months from when your complaint was first raised with us. You can contact the Legal Ombudsman via their website at www.legalombudsman.org.uk or by e-mail to email@example.com or in writing to P. O. Box 6806, Wolverhampton, WV1 9WJ. A copy of the firm’s Complaints Procedure is available upon request from our offices and we shall handle any complaint promptly, fairly and effectively in accordance with the firm’s Complaints Procedure.
Legal Expenses Insurance Cover
You may have a legal expenses insurance policy which can be used by you to pursue your claim for a Mis-sold Packaged Bank Account and/or investment product in the form of stocks/shares/ISA/Unit Trust/Investment Bond and/or SIPP or in relation to any tax rebate claim. This may be under a motor insurance policy/home insurance policy or any other relevant insurance policy you may have. We would advise you to check whether you have such insurance in place as you may be able to make a claim using that service. If you do have the benefit of such an insurance policy, you should contact us immediately prior to signing and returning these terms and conditions as a Damages Based Agreement may not be the appropriate method of funding your case.
You can cancel this contract within 14 days without any charge.
If you do decide to cancel you can do this by confirmation in writing, either by letter or email to firstname.lastname@example.org or by telephone on 01204 563 533. A cancellation form should you wish to use it can be requested by phone or email or downloaded from our website. If this agreement is cancelled (by either party) when a reasonable offer of payment has been made, which is consistent with the FOS, Financial Conduct Authority or the FSCS guidelines we will enforce our charges.