Form of Assignment -PCPClaimsLegal
PCPClaimsLegal, hereinafter referred to as TAT .
1.0 Course of procedure
1.1 PCPClaimsLegal will assert your claim for compensation from the finance company solely based on the information you have supplied
1.2 ‘No win No fee’ subject to these terms and conditions, if you lose, we will not charge you anything for the cost of our time. No risk to you.
1.3 “Win” means you are awarded, or an opponent agrees to pay you at least damages or compensation in connection with your claim. “Lose” means you do not recover any damages in respect to your claim, but you have adhered to all of our requirements and terms and conditions.
1.4 Towards this goal, PCPClaimsLegal gives you the option to provide your data to us. If we consider the pursuit of your claim to be sufficiently promising, we shall proceed. Please note that the result of the review does not include any of the binding statement on the actual chance of a successful enforcement of your claim. You have the option of instructing us by providing your personal data, and then forming a contract with ourselves by signing the assignment form / letter of authority/contract.
1.5 If the Panel Solicitors come to the conclusion that the probability of successfully enforcing the claim is sufficiently high, they will arrange the legal enforcement for you if necessary. In such a case, you authorise us to provide the Panel Solicitors access to any and all data submitted by you and you authorise the Panel Solicitors to forward information on the legal proceedings to us.Due to the processing time of the courts, it can take a substantial amount of time to enforce a claim in court.
Unfortunately, this means that we have no influence on how fast your claim can be enforced. If a further Form of Assignment or any other document must be submitted to the court as an original document, you agree to sign and send the relevant document to our contract solicitors, or ourselves, without delay.
1.6 If you decide to instruct us, you will be required to sign by an electronic signature our charge for our work is calculated at 39% inclusive of your compensation, this is referred to as our Service Fee. . Should we decide the best course of action to pursue your claim successfully is to pass your case to one of our panel solicitors, you will be notified. You may incur an additional charge of 15% inclusive of your compensation to contribute towards these legal costs. This is referred to as the Legal Action Fee. Our charge is payable when your case is successful. This is subject to these terms and conditions. Unlike some other firms, we won’t charge you an initial set up fee to open your case.
1.7 If the Panel Solicitors come to the conclusion that the probability of successfully enforcing the claim is not sufficiently high, we will inform you about this conclusion and PCPClaimsLegal will refrain from any further activities. The collection order shall end with that notification to you. You will receive a brief email confirming the claim is closed. In such a case, you will not be charged any costs.
1.9 You authorise PCPClaimsLegal to accept out-of-court settlement offers and the Panel Solicitor to accept in-court settlement offers on your behalf without any further consultation, if the finance company offers you a cash payment of at least 75% of the claim. The justification or explanation of the acceptance of the settlement or the transfer of legal documents can be demanded.
1.10 You are giving permission that the relevant compensators may make payment of your damages to us and permit us to deduct any sum owed to us from any final or interim damages paid in your favour.
1.11 It is the claimant’s (i.e. the person submitting the claim) responsibility for accuracy of information provided. As such when completing a claim form, providing claim particulars you are stating this is correct.
1.12 In the event that a panel solicitor or legal representative is used for Legal Action, the Client will allow us to grant them access to all of the data communicated to us and allow the legal representative to transfer information concerning the proceedings to us. Where a separate COA, Power of Attorney, Statement of Truth, Assignment Form or other additional documents are required by the relevant court, the Client undertakes to sign such additional documents. In case the Client has already signed an Assignment Form and signs a COA, Power of Attorney, Client Care Agreement or similar, the Client and ourselves agree that such Claim is automatically assigned back to the Client immediately prior to the Client signing the COA, Power of Attorney, Client Care Agreement or similar.
2.0 Obligations to cooperate
2.1 You may apply direct without charge
2.2 Even without a specific request, you agree to provide us with all the data and documents that are required for processing your case, including but not limited to; finance agreement , invoices, proof of ID, any notifications or correspondence with the finance company. If you fail to submit the documents or the information, we are entitled to terminate the contract after informing you previously and observing an appropriate period of notice.if you need assistance with obtaining documents please notify us.
2.3 If you (a) provide incorrect or incomplete data against your better judgement or intentionally, or if (b) you have withheld from us that you have already received compensation from the finance company for the applicable claim either in part or in full or previously instructed a third party, PCPClaimsLegal reserves the right to assert its claim against you for the resulting damage.
2.4 If you receive any direct payments or any other type of compensation, e.g. voucher,credit, from the finance company or a third party after engaging our services, you are obligated to inform us immediately. You are obligated to pay our fees in any case. Serving any and all documents to you by email is deemed acceptable by you.
2.5 To achieve an optimal result for you, you are obligated to refrain from negotiating with the relevant finance company or third party upon engaging our services. If you do, we will deem this a breach of contract and our full fees are due in any case.
2.6 While the contract is in effect, you may not transfer the claim to another entity (e.g. a solicitor or a board of arbitration) for the purpose of collection, and you may not initiate any
will deem this a breach of contract and our full fees are due in any case.
2.7 Failure to sign our Form of Assignment / Letter of Authority means no contract has been entered into with PCPClaimsLegal.
2.8 Having signed our Form of Assignment the contract has been entered into and commenced. Subsequent failure to sign the required panel solicitors Assignment Form or Letter of Authority does not remove your contractual obligations to us, nor your liability to pay our fees,
3.0 Fees
3.1 Payment is due to ourselves within 14 days if payment is made to you directly or within 14 days of our invoice. You may be charged for any recovery costs, such as collection fees if we instruct debt collectors, or similar, after that date. Outstanding balances may incur a 8% interest rate per year until settled.
3.2 In the case of default upon our invoicing, we are entitled to charge a late payment for each and any subsequent correspondence, eg. Emails, phone calls, letters or texts.
4.0 Payment processing
4.1 Payment is usually made to you, so it is important that the details you provide us with, about yourself, are accurate in order to allow us to make payment to you.
.2 If the finance company contacts the claimant directly they must notify PCPClaimsLegal in writing, preferably by email to team5@mail.com they must also forward any correspondence to PCPClaimsLegal. This is applicable to all correspondence from the finance company in regards to the delay. This must be done within 7 days.
4.3 Interest will be paid to the claimant, if the finance company agrees to pay.
4.4 If the claim is partly collected, our fees will still stand as described in 1.6
4.5 PCPClaimsLegal will pay your compensation after payment has been received into our bank account from the finance company, subject to receipt of written confirmation from the finance company identifying which claimant the funds are to be allocated towards.
5.0 Right of Cancellation and instructions on the right of Cancellation for consumers
5.1 You have the right to cancel this contract within 14 days, without needing to state any reasons. The 14-day cooling off period for cancellation begins on the day the Form of Assignment is signed and submitted. To cancel this agreement within the 14 day period either complete and return the enclosed ‘Notice of Cancellation Form’ to us at the address given or, email us with your cancellation instruction at team5@mail.com , In addition you may telephone us and request to cancel, but a cancellation reference must be obtained by yourself.
5.2 You are entitled to ask that we commence our service to you within the 14 day cancellation period. You should write to us with your express instruction and confirm that, in the event that you cancel the agreement within the 14 day cooling off period, you agree to pay the fees as shown at clause 1.6.
5.3 If you decide to withdraw from the agreement after the initial 14 day cancellation period has passed the following will apply: a) Where you cancel before any acceptance of the claim has been made or received from the finance company, then we will charge you for works carried out up to the date of cancellation. This charge will be calculated using our hourly rate of £69.00 inclusive. b) If you cancel after acceptance or payment of the claim has been received/acknowledged by the finance company, we have the right to charge you the service fee as detailed at clause 1.6 . c) If you cancel and your claim has been passed to one of our panel solicitors, and is subsequently successful you will be charged our full fees as detailed in 1.6 payable in full in addition to hourly rate of work done up to that date. d) If you cancel and your claim has been passed to one of our panel solicitors
5.4 If you decide to withdraw from the agreement after legal instructions have commenced we have the right to charge you any legal expenses incurred to date in addition to our fees.
6.0 Term of Contract
6.1 This agreement will come to an end when the claim is settled in full or in part, by payment,voucher,or any form of credit or if – after examination of the case it is confirmed to you in writing by post or email, that the case has no reasonable chance of success, in our opinion, you can apply direct yourself without costs.
7.0 Data Protection Statement
7.1 PCPClaimsLegal will use your personal data for enforcing your claim. Please see our Privacy Policy for confirmation of how we will use your data.
7.2 By submitting your details, you are opting into receiving correspondence from us.
8.0 Website
8.1 Information given on this website is for illustrative purposes and general information only. Any indication of whether a claim is eligible and any amount is only an indication and not to be relied upon. Its contents are believed to be correct according to our opinion concerning the state of law.
9.0 Instruction of our Nominated Panel Solicitors (referred to as The Firm): 9.1 Our Nominated Solicitors operate on a fee sharing agreement with us. This has no effect on the ‘No-win, No-fee’ agreement. They will also act for you on a ‘No-win, No-fee’ basis. If your claim is Issued at Court, upon success, the Firm will also retain, as fees, all Statutory Interest added, Court costs awarded and recovered disbursements (such as Court issue fees which the Firm may have paid on your behalf). If you do not wish our Nominated Solicitors to act on this basis, then you must inform either, PCPClaimsLegal or team5@mail.com our Nominated Panel Solicitors, immediately, in writing, by telephone or e-mail.