Our Standard Terms & Conditions
These terms and conditions set out how we carry out our services.
On completing and submitting our online application form we will pass your details to our Legal Partner, BMD Law Solicitors/Case To Answer, who will check your claim and, if appropriate, refer you to one of their panel firms (solicitors who specialise in PPI/Plevin claims) to advise you and help you try and secure any compensation you might be entitled to.
The information in this pack sets out the terms on which we will assist you. Please read it carefully and let us know if anything is unclear.
Contents
- Our Service
1.1 The service we provide
1.2 The services we do not provide
- Fees
2.1 How we are paid
2.2 Our Legal Partner’s charges
- Cancellation Rights
- Regulatory status and complaints
4.1 Data protection
4.2 Our status
4.3 Our regulator
4.4 Our Professional Indemnity Insurance
4.5 Complaint handling
- Financial Interests (Important information – please read)
5.1 Separate Business Interests (ATE Insurance)
- Our Service
1.1 The service we provide
On receiving your application we will immediately pass your details to our Legal Partner who will contact you by phone, email, text or video call to take full details of your claim and to ask you to complete a form authorising your bank/credit card provider to release documentation to them.
Once our Legal Partner are in receipt of all the information they need, including where necessary documents from your bank/credit card provider, they will carefully assess whether you have a reasonable chance of succeeding in a PPI/Plevin claim and calculate any compensation you might be entitled to.
If your claim has reasonable prospects of succeeding then either BDM Law Solicitors, or one of their panel firms, will offer to act for you and provide you with full details of their terms and conditions and no win no fee agreement for your consideration.
Where required we will provide ongoing administrative support to our Legal Partner.
1.2 The services we do not provide
Although we are a firm of solicitors we will not provide you with any legal advice in relation to your PPI/Plevin claim, or any other matter, and will not act for you in your claim.
All advice and work needed to try and secure you compensation will be provided by our Legal Partner, or one of their panel solicitors, once you have been introduced you to them.
- Fees
2.1 How we are paid
We will not charge you for any of our services.
We will receive a payment of up to £10 (+VAT) directly from our Legal Partner on us introducing you to them.
2.2 Our Legal Partner’s charges
Our Legal Partner, or one of their panel solicitors, will act for you by way of a no win no fee agreement, meaning that so long as you comply with the terms of that agreement (full details will be provided by them) then they will not charge any fees if your case is unsuccessful.
Where your claim is successful then our Legal Partner, or panel solicitor, will charge you a fee of up to 40% plus VAT of any damages you are awarded or agree to accept in settlement of your claim.
- Cancellation Rights
You may cancel this agreement at any time, at no cost to you, in writing, by telephone or by email. Our contact details can be found on our website www.plev.in
We may decide at our discretion not to introduce you to one of our Legal Partners or to act for you in any way. We will act reasonably in taking such a decision and will notify you promptly.
Our Legal Partner will provide you with separate cancellation rights which will be detailed in the information they provide you with at the start of your claim.
- Regulatory Status and complaints
4.1 Data Protection
We use the information you provide primarily for the provision of our services to you and for related purposes including:
• Updating and enhancing client records.
• Analysis to help us manage our practice.
• Statutory returns.
• Legal and regulatory compliance.
Our use of that information is subject to your instructions, Data Protection legislation and our duty of confidentiality. Please note that our work for you may require us to give information to third parties such as our Legal Partners, expert witnesses or other professional advisers. In addition, those external firms or organisations and others may conduct audit or quality checks on our practice. These external firms or organisations are required to maintain confidentiality in relation to your files.
You have a right of access under data protection legislation to the personal data that we hold about you.
We may from time to time send you information that we think might be of interest to you. If you do not wish to receive that information please notify our office in writing.
Your digital information will be retained for a period of 6 years and will then be digitally encrypted so no longer available.
We place great importance on protecting information that is supplied to us and treat the handling of personal information very seriously and will always act in accordance with the GDPR.
In line with GDPR regulations, any personal information you provide to us will be used to enable us to assist or deal with any service that you have requested from us including that which is needed by a third party providing a product or service and working on our behalf. Your personal information will be kept confidential and stored securely until a time it is no longer required under the Act and will only be disclosed without your specific approval in circumstances that are necessary by law or in compliance with a regulatory or legal process.
Your right to the information we hold on you
The GDPR provides you with a right to receive details of any personal data we are holding for you. Please contact us at kirsten@fairplane.co.uk, or write to us at our registered office if you would like to see the information held. If you feel any information we hold about you is incorrect similarly please contact us at the same address.
For more information regarding our privacy policy or our GDPR policy please refer to our website www.plev.in or contact us on 0203 074 1100 and will happily send out to you details via post or email.
4.2 Our status
Plev.in is a trading name of FairPlane UK Limited which is a limited company incorporated in England and Wales under Company Number: 9365728 operating as a solicitor business, authorised and regulated by the Solicitors Regulation Authority under registration number SRA 620400.
4.3 Our Regulator
All of the services we provide to you are authorised and regulated by the Solicitors Regulation Authority. The Law Society of England and Wales is a designated professional body for the purposes of the Financial Services and Markets Act 2000. The Solicitors Regulation Authority is the independent regulatory arm of the Law society. The Legal Ombudsman deals with complaints against Lawyers.
4.4 Our professional indemnity Insurance
We hold £3,000,000 of Professional Indemnity Insurance. We will provide details of the insurer and their contact details should you use our services.
4.5 Complaint handling
This firm is committed to offering high quality services and client care, however if you are unhappy with any aspect of the service we have provided for you, or about any charges we make, then please contact Daniel Morris by telephone on 0203 074 1100, or by e-mail daniel@fairplane.co.uk or by post to our office. We have a procedure in place which details with how we handle complaints which is available on our website www.plev.in.
We have eight weeks to consider your complaint, but if we have not resolved it within that time or you are not satisfied with our handling of your complaint, you can ask the Legal Ombudsman, (Legal Ombudsman, PO Box 6806, Wolverhampton, WV1 9WJ www.legalombudsman.org.uk E-mail – enquiries@legalombudsman.org.uk Tel: 0300 555 0333) to consider the complaint. Normally, you will need to bring a complaint to the Legal Ombudsman within six months of receiving a final written response from us about your complaint or within six years of the act or omission about which you are complaining about (or if outside of this period, within three years of when you should reasonably have been aware of it).
We will not charge you for our services, but as a firm of solicitors we are under a duty to inform you that if we were do so you would have the right to challenge or complain about our bill, and you would have the right to apply for assessment of our bill under Part III of the Solicitors Act 1974.
Any claim for costs or dispute regarding this agreement will be governed by English law and the courts of England and Wales will have sole jurisdiction to determine any claim or dispute which may arise.
- Financial Interests
5.1 Separate Business Interests (ATE Insurance)
Please note that our Legal Partner or their panel solicitor, will recommend and arrange insurance to cover you against the risk of you either losing your claim altogether or you being required to pay some or all of the other side’s legal costs even though your case was successful . This sort of insurance is called After The Event insurance (“ATE Insurance”) and will be explained in full by your solicitor.
Dependent on your solicitor, the broker of the ATE insurance policy arranged by them may be Box Legal Limited (“Box Legal”) which is owned by our principal directors. Box Legal does not receive any direct benefit or commission as a result of the policy recommended by our Legal Partners, but it is possible that it may in the future receive some indirect benefit from the policy’s insurer, although what type of benefit that may be, and the amount of it, is currently unknown.
Our principal directors also have an interest in Leeward Insurance Company Limited (“Leeward”) – the insurer of the ATE Insurance policies offered by Box Legal, and may receive a payment from Leeward in respect of Leeward’s annual profit, which will include Leeward’s profit (if any) on the premium for that policy. It is not possible to estimate the amount by which our directors will benefit from this policy (if at all), because any payment to them will depend on claim levels and Leeward’s overall profit in any year.
We are, however, confident that this legal expense insurance product is nonetheless in your best interests, because it protects you against the financial risks of losing this claim and is at a cost which is competitive compared with the general ATE Insurance legal expense market.