Payday Loan Claim Terms & Conditions
“Us” / “We” / "Our” means Maddison Clarke Ltd.
“You” / “Your” means the Claimant.
“Applicant or Claimant” means the person stated in the Letter of Authority.
“Letter of Authority” means the document named this and completed by the Claimant.
“Lender” means the finance company loan company whom the Claimant has taken finance with, relevant to the Claim.
“Claim” means the presentation by Us of an individual claim on behalf of You against the
Payday Loan Company of whom you took out the PayDay Loan with, for the recovery of charges and interest for You.
“Terms” means the terms and conditions set out within this document.
“Fee” means the sum payable to Us as regulated by section 5 of the Terms.
“Compensation” and “Redress” means any financial benefit (including cash in hand, set-off or write off) received from or ordered against the Lender or agents for the benefit of You as a result of a Claim whether such agreement is made by way of an admission of liability or other basis and whether an interim payment or payment in the full and final settlement.
2. Legal Status of these Terms & Conditions
By signing and returning the Letter of Authority, You are deemed to accept Our Terms and are happy for us to act upon your behalf. In addition, you agree that We are solely appointed to review and consider the merits and or pursue any Claim(s) you might have against the Lender.
3. Our Obligations
3.1 Once we have received your completed paperwork, we shall investigate your potential claim for compensation by obtaining copies of all relevant documentation from the relevant Lender and submitting a complaint on your behalf, if we believe Your case has merits.
3.2 If we are unable to reach an amicable settlement with the Lender we will look to pursue the matter to the Legal Ombudsman (if required) if we believe Your case has merits.
3.3 We shall communicate with You by email/SMS/post and telephone.
3.4 We shall take instructions from you as appropriate and always in relation to settlement.
4. Your Obligations
4.1 You will provide Us with details of your personal details and financial situation as we may reasonably require for progression of your claim promptly. You must immediately inform us of any change of any details.
4.2 Inform Us immediately should a Lender contact You directly to discuss a Claim or make a payment of Compensation to You directly.
5. Our Fee
5.1 If Your Claim is unsuccessful You do not owe Us any Fee. Our service is No Win, No Fee*.
5.2 The Fee is the sum of 30% (inc of VAT) of the Compensation.
5.3 We will request that your Compensation will be sent to us directly by cheque, we shall then forward this onto you along with our invoice for our work, for which we expect payment within 14 days of receipt of the compensation. If the lender makes payment by electronic transfer this will be sent directly to you and an invoice for our fees will follow.
5.4 In the circumstances where a Lender pays You directly or deducts Compensation from your outstanding debt obligation to it, you agree to pay Us the required fee within 14 days.
5.5 We require prompt payment of the Fee. Please note that charges could be incurred if we have to instruct a third party to recover our fees. We obviously would prefer to not go down this route and the prompt payment of our Fee is appreciated on the conclusion of your claim
5.6 It is important to note that this service can be pursued by You at no cost and without our involvement.
*A fee could be payable in some circumstances of termination. Please see section 7 for further information on cancellation rights and fees.
6. Exclusion of Our Liability
6.1 We do not accept responsibility for any unsuccessful Claim or in relation to any amount awarded by the Financial Ombudsman or accepted by You.
6.2 We accept no liability in contract, tort or otherwise for loss or damage suffered by the You arising out of Your entering into the Terms or the performance of the Terms by Us, whether caused by Our act or omission.
6.3 In any event and without prejudice to clauses 6.1 & 6.2 above, any legal liability we have to You shall be limited to the reasonable value of the Fee we would be entitled to from You from for successfully pursuing Your Claim.
7. Cancellation rights and fees
7.1 You may cancel the Terms and therefore the contract without charge within 14 days of signing and returning the Letter of Authority. To do so, you must inform us in writing at Maddison Clarke Ltd, 29 Peter Street, 4th Floor, Manchester, M2 5QJ or by e-mail to email@example.com.
7.2 After the expiry of the 14-day cooling off period as described at 7.1 above, you can cancel by:
7.2.1 agreeing to pay Us an hourly rate £30.00 (which will be itemised setting out what the charges relate to) for work completed pursuing Your Claim if you have discontinued the matter with the Payday Loan Providers; or 7.2.2 Where an offer of compensation has been received or has been offered (“Offer”) as a result of our work, You agree to pay the Fee calculated by reference to the Offer and meet your obligations to us under these Terms. I.e. 30% (inc of VAT) of the offer of compensation.
7.3 We may terminate Our obligation to pursue a Claim for You where we do not consider it has reasonable prospects at our discretion.
Should you wish to make a complaint, please contact us ensuring you provide us with your case reference, the reason for the complaint and the remedy to resolve. Please refer to our Complaints Procedure within your Client Care Pack for further information.
9. Governing Law
This agreement is subject to the laws and exclusive jurisdiction of England and Wales Declaration I expressly agree and have appointed Maddison Clarke Limited to undertake their Claims Management Services in relation my payday loan claim/s, which includes: investigating, preparing, submitting and negotiating my Claim(s) for Compensation in respect of mis-sold Payday Loan(s).
I have carefully read and considered the Terms and Conditions and as such agree to be bound by them. I am aware that should any compensation be offset against any outstanding liabilities with the Payday Loan Companies then fees are still payable to Maddison Clarke for work
Note pursuant to section 7 you have 14 days from the date of your signed declaration in which to cancel an agreement.