Compensation Contract – Terms & Conditions
1.1 The following definitions are used in this contract (i.e. wherever the words are capitalised):
a) “Commission Percentage” – the percentage set out in the Order Form.
b) “Compensation” – damages, costs or any other kind of payment to which you may be entitled from the Creditor under the Consumer Credit Act 1974 (including any replacement legislation) or otherwise.
c) “Creditor” – the credit card company, bank or other credit-provider which provided credit in relation the Timeshare Contract.
d) “FO” – the UK Financial Ombudsman.
e) “Resort Owner” – the other party to your Timeshare Contract.
f) “Start Date” – the start date specified in the order form.
g) “Timeshare Contract” –the contract under which your Timeshare Property is leased or otherwise made available to you.
h) “Timeshare Property” – your timeshare property (or properties) listed in the Order Form.
2. Our Services
2.1 We will help you to try and obtain Compensation from the Creditor by taking the following steps but only if we consider that there are reasonable grounds to take any such step:
a) sending a letter of claim to the resort owner;
b) if the Resort Owner rejects your claim or fails to respond within a reasonable time, sending a letter of claim to the Creditor (if applicable); and
c) if the Creditor rejects your claim or fails to respond within a reasonable time, submitting the case to the FO for formal adjudication; and
d) requesting a review of the adjudication and a final decision by the FO.
2.2 We promise to inform you and seek your approval if the Creditor makes a settlement offer. If we think the Creditor’s offer is reasonable, and you don’t accept it within a reasonable time, then we are entitled to end this agreement by notice in writing and to charge you a reasonable fee for our services provided to date, capped at a maximum of £2,000 excluding any applicable VAT
2.3 You acknowledge that an adjudication in your favour by the FO may be reversed if the Creditor requests a review and final decision by the FO.
2.4 If you enter into a contract with ABC Lawyers for timeshare exit services, you acknowledge that this is an entirely separate contract to this one, which is only concerned with claiming Compensation.
2.5 Very important: We cannot guarantee that you will receive any Compensation at all or any particular amount of Compensation. This will depend, amongst other things, on whether there are legal grounds to claim Compensation.
2.6 You acknowledge that we are not solicitors. You also acknowledge that we don’t handle actual legal proceedings by or against the Creditor or Resort Owner. Our service is intended to try to achieve Compensation without litigation.
2.7 We will supply our services with reasonable skill and care and in compliance with all applicable laws and regulations.
3. Your Obligations
3.1 You must provide prompt and full co-operation to us (including any subcontractor we appoint) in connection with our services including supply of all relevant information and documents.
3.2 While this agreement is in force, you must not take any steps to obtain Compensation from the Creditor (including instructing / asking someone else to help you) and you must not communicate directly with any Creditor regarding the claim for Compensation.
3.3 If you breach clause 3.1 or 3.2, we are entitled to end this agreement by notice in writing and to charge you a reasonable fee for our services provided to date, capped at a maximum of £2,000 excluding any applicable VAT.
4.1 You must pay us our fee which is the Commission Percentage applied to the gross amount of any Compensation you actually receive from a Creditor. VAT is payable on our fee in addition.
- a) Example 1*:
Compensation You receive: £1000.00
Our Commission Percentage: 40%
Our fee/payment: £480.00
- b) Example 2*:
Compensation You receive: £20,000.00
Our Commission Percentage: 30%
Our fee/payment: £7200.00
*These examples are for general guidance and illustration purposes only.
4.2 You must notify us promptly by email if you receive any Compensation payment directly from a Creditor.
4.3 You must pay our fee in full strictly within 14 days of receiving Compensation.
5. Your Right to Cancel (“Cooling Off Period”)
5.1 You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 date from the start date of the contract.
5.2 To exercise the right to cancel, you must inform us by post to: Lansdown Financial Ltd, fifth floor, Waverley House, 115-119 Holdenhurst Road, Bournemouth, BH8 8DY, England, email address: Info@LansdownFinancial.co.uk, phone: 01483 478 251 of your decision to cancel this contract by a clear statement (e.g. a letter sent by post of e-mail). You may use the model cancellation form at the end of this document but it is not obligatory. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
5.3 If you cancel this contract, we will reimburse to you any payments received from you. We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed or otherwise: in any event, you will not incur any fees a s a result of the reimbursement.
6. Period of this Agreement and Ending the Contract
6.1 This agreement takes effect when signed by both parties and continues until your claim is concluded or this agreement is otherwise ended in accordance with its terms.
6.2 You may end this agreement by email notice to us:
a) at any time before the Start Date (if this is a future date); or
b) if 12 months have passed since the Start Date without a settlement or compensation award by the FO;
You will still have to pay our fee if you have received, or later receive, a Compensation payment in connection with our services.
6.3 We are entitled at any time to end this contract by notice in writing to you and/or to stop providing any further services if:
a) we consider that you do not comply with the applicable criteria to make a claim for Compensation or that you otherwise do not have a reasonable case to obtain Compensation; or
b) 12 months have passed since the Start Date without a settlement or compensation award by the FO.
7.1 Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees and agents.
7.2 We shall not be liable for any loss or damage caused by us or our employees or agents if:
- a) there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;
b) such loss or damage was not reasonably foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract);
c) such loss or damage is caused by you, for example by not complying with this agreement; or
d) such loss or damage relates to a business of yours.
7.3 You will be liable for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement (subject of course to our obligation to mitigate any losses).
7.4 We are not liable for failure to perform this contract if due to circumstances beyond our reasonable control including third party telecommunication failures.
8. Confidentiality & Privacy
8.1 We will only use your personal data for the purpose of this agreement and will only disclose it to our personnel or agents who need to know the information for the purposes of this agreement.
8.2 We both agree to keep the fact of this agreement and the details of our services (including activities of our agents) confidential except to the extent necessary for performance of this agreement. You acknowledge that this clause prohibits you from discussing any aspect of our services on the internet including on forums, blogs or social media. If you breach this clause 8.2, we are entitled to cancel this agreement on email notice and charge you a reasonable fee for our services provided to date, capped at a maximum of £2,000 excluding any applicable VAT.
8.3 This clause is in effect during the period of this agreement and for five years thereafter.
9. Other Important Terms
9.1 Unless other stated, any notices under this contract must be delivered by hand or sent by post (special delivery within the UK or international signed for post outside the UK) to you at the last address you have given us or to us at our trading address shown below or which we otherwise notify you or by email subject to the email not having been returned. Notice shall be deemed to have been given at the time of delivery if delivered by hand or 48 hours after posting or at the time of transmission in the case of email.
9.2 We may transfer all or part of our rights or duties under this contract provided we take reasonable steps to ensure that your rights under this contract are not prejudiced. As this contract is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.
9.3 We may subcontract all or part of our rights and duties under this contract including to solicitors, paralegal companies or other legal specialists. If so, we will remain responsible to you for their performance.
9.4 Nobody else has any rights under this contract unless the contract specifically says otherwise.
9.5 If a court finds part of this contract illegal, ineffective or unenforceable, the rest will continue in force.
9.6 If you or we fail to or delay enforcing this contract, we can still enforce it later.
9.7 Headings in this contract are for information only and not binding.
9.8 These terms are governed by English law unless you are resident in Scotland or Northern Ireland, in which case Scottish or Northern Irish law respectively will apply. Any disputes will be decided only by the courts of the UK.