1. This agreement creates a contractual relationship between M2 Recovery Ltd (whose Company registered number is 10413045, and whose registered address is Mulberry House, Lamport Drive, Heartlands Business Park, Daventry NN11 8YH) hereafter referred to as the Firm and the Company or individual(s) acting on behalf of the Company (who prints their name(s) and sign this agreement) hereafter referred to as the client for the Firm 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.
2. The client appoints the Firm under this agreement as its exclusive agent to provide claims management services to the client.
3. Any subsequent agreement(s) that the client enters into with a third party to pursue the claims intended to be pursued by the Firm under this agreement without cancelling or terminating this agreement shall be void and this agreement shall supersede the subsequent one.
4. M2 Recovery Ltd is authorised and regulated by the Financial Conduct Authority FRN:928862
5. M2 Recovery Ltd can be contacted using the following contact details: 020 3757 8750 email: Mail@M2Recovery.com
6. This agreement commences from the date printed in the acceptance section of this agreement.
7. Except where the Firm or the client cancels or terminates this agreement, it shall persist until the settlement of the claim(s).
8. Where the claim(s) are rejected by a respondent shall persist to enable the Firm to rely on this agreement to contact the client under the contract lawful basis of the General Data Protection Regulation (EU) 2016/679 where there are developments that allow the rejected complaint(s) to be resubmitted with a prospect of successful settlement.
9. The services that will be provided by the Firm will be as follows:
9.1 Submitting an information request on behalf of the client to establish that during the sale of the client’s property insurance commissions were paid to the right to manage agent/broker or landlord;
9.2 Obtaining relevant information from the respondent(s) to investigate the merits of the client’s claim;
9.3 Obtaining relevant information to support the ascertain that a basis of the claim exists and investigate its merits;
9.4 Advising the client about whether their claim(s) have a prospect of success or not prior to presenting the claim to a respondent;
9.5 Submitting a claim to the respondent(s) on behalf of the client;
9.6 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;
9.7 Advising the client about any particular steps that are required to be taken at particular stages of the claims process.
9.8 Where required, the Firm will procure legal, specialist or expert advice to assist in processing the claim.
10. The Firm charges 30% plus VAT for the provision of the claims management service under this agreement calculated from the net or gross amount of compensation.
11. The Firm’s service fees become due and payable when the client is in receipt of payment of redress in the service charge account.
12. The Firm’s service fees shall be payable through the methods utilised by the Firm at the time of collecting the fees due under this agreement.
13. The client makes the following undertakings by entering into this agreement:
13.1 To provide the Firm with all documentation likely to be needed to pursue the claim(s);
13.2 To be truthful and honest in all its dealings with the Firm;
13.3 To cooperate with the Firm to enable the Firm to provide its claims management services;
13.4 To notify the Firm prior to entering into this agreement whether the client has alternative means of pursuing the claim(s);
13.5 To notify the Firm prior to entering into this agreement whether the client has any outstanding liabilities owed to a respondent;
13.6 To notify the Firm prior to entering into this agreement whether the client, whether in Great Britain or in another jurisdiction has been subject to bankruptcy, insolvency, entered administration or liquidation;
13.7 To communicate all relevant information to the Firm as promptly as possible;
13.8 To respond to the Firm’s information requests as promptly as possible;
13.9 To forward to the Firm correspondence from the respondent(s) that relate to the claim(s) as promptly as possible;
13.10 To notify the Firm when an offer of redress/compensation is made by a respondent;
13.11 To notify the Firm when in receipt of redress/compensation paid by a respondent; and
13.12 To make payment of the Firm’s service fee when it falls due in accordance to this agreement.
14. To exercise due skill, care and diligence in providing the claims management services under this agreement. Notwithstanding, the Firm does not guarantee the client a successful claim;
14.1 To keep the client informed about the progress of the claim;
14.2 To communicate to the client information received by the Firm 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;
14.3 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;
14.4 To act in the best interests of the client; and
14.5 To be truthful and honest in all its dealings with the client.
15. The client can refer to the Firm’s complaints handling policy provided as part of the pre-contract claims pack in the event that the client is dissatisfied about the Firm’s claims management services and wishes to express such dissatisfaction.
16. The client can cancel this agreement at any time within 14 days without giving any reason and without incurring any liability.
17. The client can communicate their cancellation by telephone, in writing, in person or can use the cancellation form appended to this agreement.
18. 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.
19. The client can terminate this agreement at any time after the 14 days cancellation period.
20. The Firm will not charge the client a termination fee if the client terminates the agreement after the 14 day cancellation period but before an offer of redress is made by a respondent.
21. The Firm will charge the client its service fee if the client terminates the agreement after the 14day cancellation period and after an offer of redress/compensation is made by a respondent.
22. 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.
23. Failure by the breaching party to remedy the breach in good time shall entitle the nonbreaching party to terminate this agreement without notice and without incurring any liability.
24. 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.
FINANCIAL OMBUDSMAN SERVICE
25. The Firm 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/.
26. The Firm 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 tax obligations. Professional financial advice should be sought by the client if in doubt of their tax obligations.
27. Nothing in this agreement shall exclude the Firm’s liability in the event of death or personal injury to the client resulting from an act or omission of the Firm.
28. 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
29. Neither party shall vary the terms of this agreement without the consent of the other party.
30. The Firm 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
31. Should an assignment take place the client does not lose any rights under this Agreement.
32. Any variation to the terms of this agreement following an assignment must be in accordance to clause 29.
33. The client is prohibited from assigning their rights, duties, obligations and/or benefits under this agreement to a third party.
34. 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 30.
35. This agreement has been constructed in accordance to English and Welsh contract law.
36. 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.
37. Both parties submit to the exclusive jurisdiction of the English and Welsh courts to resolve any legal disputes that arise under this agreement.
38. The client accepts to be bound by the terms of this agreement.