Terms of Business
This document sets out the Terms of Business for the appointment of First Target Recoveries Ltd to act as an insurance intermediary on clients’ behalf in all aspects of establishing, administering and negotiating any claim arising from the sale of a loan and any associated products sold with the loan.
These terms and conditions shall apply to the provision of Regulated Claims Management Services by First Target Recoveries Ltd to the client.
- 2.1. “The Company” means First Target Recoveries Ltd.
- 2.2. “The Client” means the client of the Company.
- 2.3. “Letter of Authority” means the document to be signed giving us authority to communicate with a product provider on your behalf.
- 2.4. “The Provider” means a financial institution, which has provided the client with a financial service and this includes insurance products.
- 2.5. ”Compensation” means the total payment to the client made by the provider in respect of each claim arising from the loan and any associated products sold with the loan. This compensation can be paid by the provider to the company, direct to the client or as a reduction in the client’s outstanding balance with the provider.
- 2.6. “Fees” means the fees payable by the client to the company in respect of each successful claim that results in compensation being paid by the provider (see section 6 below for details). If we do not secure compensation on your behalf, no fee will be payable to the company.
3. The service we provide
- 3.1. “The Company” shall, following receipt of all completed forms and requested information, assess and establish whether there is a claim arising from the loan and any associated product. The company will pursue appropriate remedy, usually in the form of a claim or claims for compensation on behalf of the client against the Provider.
- 3.3. The Company reserves the right to cash cheques received in its Clients’ names on their behalf.
- 3.4. We will also pursue claims on any accounts linked by your creditors to the ones given to us by you. If you do not wish us to pursue any linked claims please advise us in writing (subject to section 7.4).
- 3.5. The client is aware they can pursue claims without third party assistance.
4. Your Obligations
- 4.1. You agree to fully cooperate with us should we require further information from you during the course of the investigation into your claim. This includes all documentation in your possession relevant to the claim. Further, you agree to provide us with complete and accurate details relating to your claim.
- 4.2. By appointing the Company you agree to instruct us to act on your behalf and to do so with us as your sole representative.
- 4.3. You agree not to communicate directly with the provider or with the Financial Ombudsman Service for the duration of this contract without our prior consent.
- 4.4. If you have a successful claim you may be entitled to recover interest on the refund at a rate of 8% per annum. In the majority of cases the interest element of the compensation payment will be paid over to the Company net of basic rate income tax. If the amount is received gross, you may be liable to pay some income tax on the interest element (only) depending on your personal tax circumstances. The Company accepts no liability for payment of its customer’s income tax.
- 4.5. You agree that any documentation sent to us in support of your claim is in the form of copies. The Company cannot guarantee the return of originals.
- 5.1. The Company shall indemnify you against all costs and disbursements incurred as a result of any court proceedings.
- 5.2. Where compensation is paid to your Solicitor, you agree to your Solicitor deducting from your compensation and paying to the Company the fee that you have agreed to pay before accounting to you for the balance.
6. Fees Payable to the Company
- 6.1. The Client agrees to pay the company a fee of 20%, plus any applicable taxes, of any gross compensation amount awarded for completing successful claim. For example, if the gross compensation amount awarded by the provider is £1,000, our fee would amount to £240.00 inclusive of any applicable taxes.
- 6.2. If we do not secure compensation on your behalf, no fee will be payable to the company.
- 6.3. In the event that the compensation amount is made payable to the Client, the Client agrees to settle the Company’s request for payment within 14 days of Receipt as set out in 6.1.
- 6.4. In the event that any compensation awarded is used to reduce the Client’s outstanding balance on their loan or credit card amount, the Client will be responsible for settling the Company’s fees as set out above. This may include setting up an affordable payment arrangement to repay our outstanding fees over a period of time.
- 6.4.1. If gross compensation is “cash in hand” of £3000.00, the fee charged will be £720.00 and the client will receive £2280.00;
- 6.4.2. If the gross compensation is a combination of “cash in hand” and reduction in credit balance with creditor of £3000.00, of which £1500.00 is cash and £1500.00 is used to reduce the credit balance, total fees charged would be £720.00 and the client would receive £780.00, or
- 6.4.3. If gross compensation of £3000.00 is used to offset existing arrears with the creditor, total fees charged would be £720.00 and the client would have to pay £720.00 to the company (see also 6.5 and 6.6).
- 6.5. In the event of non-payment of our professional fees, the company reserves the right to recover the costs associated with pursuing any debt the client owes us. This would include court fees, bailiff fees, debt recovery fees and any other administrative cost incurred by the Company. These charges will include, but not be limited to, £10.00 for each missed payment reminder sent and, if your account is transferred to a specialist collections agent, we will charge you 10% of the amount owed (up to a maximum of £100).
- 6.6. If the client is currently entered in to an Individual Voluntary Arrangement or Trust Deed and any compensation awarded is used to reduce the Client’s outstanding balance on their loan or credit card amount, clause 6.3 does not apply and the fee will be recoverable from the Supervisor/Trustee as an expense of the Individual Voluntary Arrangement/ Trust Deed.
- 6.7. If the client is currently entered into a Debt Management Plan and the compensation is used to offset any existing debt with a creditor, then the fees payable to the Company can be added to the Debt Management Plan with the client’s consent.
- 6.8. If for any reason we receive a payment which we are unable to identify who it is from, we will make all reasonable efforts to trace the payment originator. However, if this has not been possible these monies will be held in suspense for 3 years and at that point be donated to charity. Once this has happened we will be under no obligation to return or allocate these funds.
- 6.9. The fee payable will be the relevant fee percentage as at the signing of the Letter of Authority and not at the date of funds outcome and compensation award. All future fee increases or reductions will not impact on the original agreed percentage.
- 6.10. For clarity, the fee will be charged on the total overall award made from the creditor which will include the compensation amount together with all interest awarded and any balance reductions.
- 6.11. In the event of you instructing us to carry out a credit search or use a credit reference agency to check the information you have provided to us, we will charge you a fee of £100 plus applicable taxes for each client. This is only payable if we secure compensation on your behalf and is included in the examples given in 6.4 (i), (ii) and (iii).
- 6.12. In the event of you instructing us to arrange a courier service for the safe collection of the relevant documentation required, we will charge a fee of £100.00 plus VAT per successful collection. Should the courier be unable to retrieve the documents when arranged a fee of £15 plus applicable taxes will be charged. This is only payable if we secure compensation on your behalf.
- 6.13. If we do have to submit a data subject access request (as per section 3.2) then a fee of £10 will be applied to your case to pay the provider for this information as per the current Data Protection legislation.
- 6.14. For any compensation paid to us by the provider for the client these funds will be forwarded on to the client with a banking transaction fee charge of £25
- 7.1. The Company may terminate the contract in writing, if:
- 7.1.1. We think the claim is unlikely to succeed, and
- 7.1.2. The Client is in breach of its obligations as set out in conditions 4.1, 4.2 and 4.3.
- 7.2. The Client has the right to cancel this agreement within 14 days statutory period. This period will commence from the date the Client(s) signs the Letter of Authority and Terms of Business instructing the Company to act on the Clients behalf. This can be done by email, letter or telephone or by completing the cancellation form on our website www.firsttargetrecoveries.co.uk/cancellation
- 7.3. Should the Client decide to terminate the agreement after a reasonable offer of redress has been made, the Company reserves the right to charge the Client its fee of 20% plus any applicable taxes as set out in 6.1 above.
- 7.4. Should you wish to cancel your PPI Claim(s) with us after the 14 day cooling off period we would ask you to complete our cancellation form. A copy of this can be downloaded from our website https://www.firsttargetrecoveries.co.uk/cancellation/
- 8.1. This contract will endure until any of the following conditions have been met:
- 8.2. The Company recovers compensation on behalf of the Client and the Company’s invoice has been settled by client;
- 8.3. The Client has exercised its right to cancel the agreement as set out in conditions 7.2,7.3 and 7.4, and
- 8.4. The Company has exercised its right to cancel this agreement as set out in conditions 7.1.1, 7.1.2 and 7.1.3.
9. How We Will Use Your Information (Personal Data Rights)
- 9.2. The company has data sharing agreements with third parties that it may be required to share your data with them, by signing this letter of authority you are giving consent to the company to provide any required data when we are contacted by these third parties.
- 9.3. To request copies of the data the company holds on you, you are required to submit this in writing to us at the below address.
- 9.4. If the company identifies another service that might be of benefit to you based on the data it holds, then it will make you aware of this service by telephone, SMS, email and post. Dependant on the preference that was agreed to on the initial contact.
- 9.5. If you do not wish to receive any notification of the other services available then you are required to contact the company verbally or in writing to advise what your new preferences are, which can be one or more of the above in 9.4 or none of them.
- 10.1. If the Company fails to perform its service with care and skill it will carry out remedial action at no extra cost to the Client.
- 10.2. The Company shall not be liable to the client or deemed to be in breach of these terms and conditions by reason of any delay in performing, or any failure to perform, any of the Company’s obligations if the delay or failure was due to cause beyond the Company’s reasonable control.
11. Complaints Procedure
- 11.1. The Company takes any complaints regarding its practices very seriously and details of its complaints procedure can be found on our website www.firsttargetrecoveries.co.uk or can be requested in writing at any time.
- 11.2. Any complaints should be made via reasonable means to the Complaints Officer at the address given overleaf and we will acknowledge this within 5 working days and also send you written details of our complaints procedure.
- 11.3. We aim to resolve your complaint within eight weeks of its receipt and where this is not possible the Company will write to you to explain the reason for the delay.
- 11.4. If you are unhappy with our final response we welcome you to contact the Legal Ombudsman regarding the Company’s handling of your complaint.
12. Applicable Law and Jurisdiction
- 12.1. These terms and conditions shall be governed and construed in accordance with English and Welsh Law and the parties shall submit to the non-exclusive jurisdiction of the English and Welsh courts.
Correspondence address: First Target Recoveries Ltd., Thornley House, Carrington Business Park, Manchester, M31 4RL. Registered address: First Target Recoveries Ltd., Thornley House, Carrington Business Park, Manchester, M31 4DD.
First Target Recoveries Ltd is regulated by the Claims Management Regulator (CRM 28105) in respect of regulated claims management activities; its regulation is recorded on the website www.justice.gov.uk/claims-regulation