You acknowledge that Etico (operating as Delay Wise) may charge a fee for their service. You are over the age of 18, and have the mental capacity to enter into contracts, and you do not consider yourself a vulnerable person. You have provided any information to the best of your knowledge.
You confirm you were not induced into entering your information and have done so of your own free volition.
Please note: as a consumer you will have the right to choose who you contract with and have statutory rights. If you are unsure of your right advice can be found at: www.justice.gov.uk or www.gov.co.uk.
1.1 "Agreement" means the contract comprising the Letter of Authority and these Terms of Engagement, between the Client and Etico Group for the provision of the services which shall be carried out in accordance with these Terms.
1.2 "Etico Group" means a limited liability company and a third party claims handler, registered in England and Wales with number 5942713 having its registered office at St. James House, Vicar Lane, Sheffield, S1 2EX.
1.3 "Claim(s)" means the Client's claim or claims against the Company relating to the mis-selling of financial products.
1.4 "Client" means the policyholder/account holder(s), whose details are set out in the Letter of Authority and who have appointed Etico Group to provide services.
1.5 "Company" means the Financial Institution and or persons whom the Letter of Authority is addressed being the Insurance Company, Bank, Building Society, Credit Card Company or Financial Advisor or any other entity which sold the policy or gave the advice to the Client.
1.6 "Compensation" means total of any sums offered by the Company as a result of a Claim, including but not limited to gestures of goodwill, interest, reductions in borrowing and or arrears, and repayment of premiums.
1.7 "Fee" means the fee of 25% plus VAT of the Compensation, payable to Etico Group for the Services carried out by it. Subject to the outcome of the case the following will apply
Example 1 - £1,000 Total Compensation paid in cash, less our 25% plus VAT fee of £300 you will receive £700
Example 2 - £1,000 Total Compensation of which £500 is paid in cash and £500 in Loan reduction, less our 25% plus VAT of £300 you will receive £200
Example 3 - £1000 Total Compensation is used to offset arrears, less our 25% plus VAT of £300 you will pay us £300
1.8 "Letter of Authority" means the letter included in the claim pack to be sent to the Company irrevocably authorising Etico Group to act for the Client.
1.9 "Services" means the services provided by Etico Group including assessing the viability of, preparing, submitting and negotiating your Claim.
1.10 "Terms" means the Terms of Engagement.
1.11 "Unsuccessful Claim" means one where no compensation is offered by The Company.
2. Conduct of Engagement
2.1 By signing and returning the Letter of Authority, the Client hereby agrees to be bound by the Terms and appoints Etico Group to provide the Services for such period as to allow Etico Group to assess, and if reasonably possible, to complete the Claim. The Client may cancel this agreement within 14 days without charges. The Client can withdraw from the contract at any time.
3. The Client will:
3.1 by completing and signing the Letter of Authority give Etico Group his/her/their consent and full irrevocable authority to deal with the Company on the Client's behalf and obtain relevant information from whatever source on a cont inuing basis;
3.2 deal promptly with all reasonable requests by Etico Group for authority, information, documents and further instructions that Etico Group may from time to time require;
3.3 promptly inform Etico Group of any relevant matters affecting the Claim and forward any documentation received from the Company in respect of The Claim;
3.4 hereby agree to remit the Fee should compensation be paid directly to the Client, Etico Group will invoice the Client for the Fee which will become immediately due and payable by the Client to Etico Group;
3.5 give Etico Group the right to deal exclusively with the Claim unless otherwise agreed in writing by the Client and Etico Group;
3.6 if the client terminates the Agreement for any reason outside the 14 day cancellation period the client will be responsible for payment of the Fee in the event of the claim being successful.
3.7 not be liable for any charge in respect of an Unsuccessful Claim;
3.8 not be liable in respect of any claim cancelled within 14 days starting from the date the Client signed the Letter of Authority. After this date cancellation will be subject to clause 3.6; and
3.9 pay Etico Group the Fee within 7 working days of the dated invoice. If this fee is not paid in full within 28 days of the dated invoice Etico Group reserves the right to refer the debt to a collection agency or pursue legal action which will result in the addition of further fees being added to the invoice. These fees will be recoverable in full from the Client.
3.10 where the Compensation is used to pay off arrears or where the client has an IVA or is in a Debt Management Plan the Fee will still be payable. Any charge in respect of compensation used to pay off arrears can be paid by monthly direct debit and will not exceed your current loan repayments nor will it incur any interest charge.
3.11 agree that where as a result of a claim submitted by Etico Group, the Company investigates additional policies and makes offers of compensation to pay Etico Group the fees due on all successful claims.
4. Etico Group will:
4.1 rely on the information and documents provided by the Client to Etico Group as being true, accurate, and complete. Etico Group will not audit, test or check such information or documents except where it is under a legal obligation to do so;
4.2 use its reasonable endeavours to obtain the maximum Compensation for the Claims which are pursued;
4.3 as soon as is reasonably possible notify the Client if the Claim is not to be pursued. It is at Etico Group discretion to decide whether or not to proceed with the Claim at any time during the claims process but Etico Group must act reasonably in taking any such decision;
4.4 as soon as is reasonably possible notify the Client of the outcome of the Claim;
4.5 as soon as is reasonably possible following the settlement of a Claim and the payment of Compensation by the Company to Etico Group, pay the Client the balance of the Compensation, after deducting the Fee and;
4.6 preserve confidentiality, including the Client's personal information (even when this Agreement has terminated and the Client is no longer a client), save as expressly or implicitly authorised to the contrary including when disclosure is made at the Client's request or with the Client's consent in relation to pursuing the Claim or where otherwise required by law.
5.1 You are aware that you could complain directly to the Company at no cost, with the ability to take matters further with the Financial Ombudsman Service yet still wishes to pursue your complaint via Etico Group.
5.2 Full details of Etico Group internal complaints handling procedures are available upon request by writing to our office address.
5.3 Etico Group is regulated by the Financial Conduct Authority in respect of regulated claims management activities, our authorisation number is 581197
5.4 Etico Group is a Data Controller within the meaning of the Data Protection Act 1998. By using Etico Group you agree to be bound by the terms of our Privacy Statement and give your consent to the data processing activities identified therein. Copies of our Privacy Statement are available on request.
6. Governing Law
6.1 This Agreement shall be subject to the laws of England and Wales