Terms and Conditions
Non-Contentious Business Agreement
This is your agreement with Clear Legal Marketing in relation to your Financial Mis-selling claims
What we will do for you
- We will work diligently on your behalf, no matter how straightforward or difficult your claim, from the day we first discuss it with you until your compensation and fees have been paid. This work will be limited to pursuing your claim for all losses suffered by you as a result of the mis-sale of your loan or credit facility.
- If you win your claim, we are entitled to deduct an amount from your Compensation, in respect of our fees.
- The amount we are entitled to deduct will be based on the Total Compensation you receive and will be calculated by reference to the Charging Table in Clause 6 and will either be a sum equivalent to the 'Maximum % Rate of Charge' or a sum equivalent to the 'Maximum Total Fee', whichever is the lesser. However, the amount you pay us will never exceed the total cash compensation you receive.
- If you lose your claim, and this agreement has been complied with, you do not have to pay us anything.
- 'Total Compensation' means any direct monetary payment or balance reduction made by your opponent in respect of your claim. It includes both the cash and balance reduction elements of a refund. For Example, if you are award £1000 refund but have a £500 balance and as a result receive £500 cash plus a reduction in your balance of £500, we will charge our fee based on £1000.
- Charging Table
| Band |
Cash Refund Received |
Maximum % rate of charge (Inc VAT) |
Maximum total fee (Inc VAT) |
| 1 |
£1 - £1,499 |
36% |
£504.00 |
| 2 |
£1,500 - £9,999 |
33.6% |
£3,000.00 |
| 3 |
£10,000 - £24,999 |
30% |
£6,000.00 |
| 4 |
£25,000 - £49,999 |
24% |
£9,000.00 |
| 5 |
£50,000 or above |
18% |
£12,000.00 |
Please note: both the 'Maximum % Rate' and the 'Maximum Total Fee' include VAT at the prevailing rate of 20%.
What you must do for us
- You must do all you can to help us to progress your claim. You must provide us with honest instructions that enable us to do our work properly and to run your claim efficiently.
Please sign, to confirm you understand the contents of this document, that you agree to be bound by this Agreement, and in the event your claim is successful you will pay us an amount of your Compensation in line with the Charging Table.
And now for the (not so) small print
When you instruct Clear Legal Marketing, we will agree to act for you on a risk-free basis. If you win your claim:
If you win your claim:
- we will charge you a percentage from your Total Compensation in respect of our fees, irrespective of the amount of work we have done;
- the total amount we charge will be based on the Total Compensation you receive and it will be calculated by reference to the Charging Table above. We will only charge you the 'Maximum % rate of Charge' or the 'Maximum Total Fee', whichever is the lesser.
- In addition, the amount we will charge you will never exceed the total amount of cash compensation you receive.
- we will pay any money we receive on your behalf into a designated account, to make sure that your Compensation is secure;
There are 4 potential outcomes on your case. The amount we charge will be dependent on the outcome:-
- Full Cash Refund - this means that you receive 100% of the Total Compensation from the Lender in cash. We will charge you based on the Total Compensation in accordance with the Charging Table above.
- Cash and Offset Refund - this means that you have an outstanding balance with the lender which is less than the Total Compensation awarded. As a result, you receive both a balance reduction AND a cash award. We will charge you on the Total Compensation in accordance with the Charging Table above, however, we will cap our charges at no more than 100% of the Cash Refund element of your award.
- Offset Refund - this means that you have an outstanding balance with the lender which is greater than the Total Compensation awarded. As a result, the full amount of the Total Compensation reduces your balance and you receive no physical cash. We will NOT charge you in this scenario.
- Failed complaint - this means your complaint has not been upheld and as a result no Compensation is awarded. We will NOT charge you in this scenario.
Worked Examples
Full Cash Refund
| Cash Refund Received |
Our Fee |
Your Receive |
| £749.50 |
£269.82 |
£479.68 |
| £4,999.50 |
£1,679.83 |
£3,319.67 |
| £12,499.50 |
£3,749.85 |
£8,749.65 |
| £24,999.50 |
£5,999.88 |
£18,999.62 |
| £50,000.00 |
£9,000.00 |
£41,000.00 |
Cash and Offset Refund
| Total Compensation |
Cash Refund Element |
Balance Reduction Element |
Our Fee |
You Receive |
| £749.50 |
£374.75 |
£374.75 |
£269.82 |
£104.93 plus 100% write off your remaining balance |
| £4,999.50 |
£2,499.75 |
£2,499.75 |
£1,679.83 |
£819.918 plus 100% write off your remaining balance |
| £12,499.50 |
£6,249.75 |
£6,249.75 |
£3,749.85 |
£499.9 plus 100% write off your remaining balance |
| £24,999.50 |
£12,499.75 |
£12,499.75 |
£5,999.88 |
£6499.87 plus 100% write off your remaining balance |
| £50,000.00 |
£25,000.00 |
£25,000.00 |
£9,000.00 |
£16000 plus 100% write off your remaining balance |
| £1,499 |
£149.90 |
£1,349.10 |
£149.90 |
£0 plus 100% write off your remaining balance |
If you lose your claim:
- you do not have to pay us anything
For the definitions of “Win”, “Lose”, and “Compensation” please refer to your client care letter that will be sent to you once you have signed and returned this agreement.
What you must do for us
- You must give us full, honest and timely instructions;
- You must locate and provide to us any relevant documentation that you may have (if any);
- You must undertake enquiries and provide information reasonably required by us;
- You must always co-operate with us;
- You must not ask us to work in an improper or unreasonable way;
- You must not deliberately mislead us;
- You must keep us updated if your contact details change.
Ending the agreement
We can end the agreement:
- if you reject our advice in relation to an offer of settlement, or if you do not comply with your obligations under the agreement and subsequently go to settle your case directly with the lender. In this situation you will be liable to pay our full fee in line with the Charging Table should your claim be successful.
- if we advise that your claim is unlikely to succeed;
You can end the agreement:
- within fourteen days by confirming this to us in writing using the Model Cancellation Form below;
- at any time before your claim is settled, but if you do you will be liable to pay our full fee in line with the Charging Table should your claim be successful.
If either we or you end the agreement, we have the right to keep all documents, money and other property we hold on your behalf until all money due to us is paid.
Model Cancellation Form
To Clear Legal Marketing
I hereby give notice that I cancel the Agreement for Clear Legal Marketing to pursue my mis-sold Loan Refund Complaints on my behalf signed on [ ].
Name:
Address:
Signature:
Date:
Change of mind
It is important that you are happy with this agreement before you sign it as we cannot cancel it once it has been signed.