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Terms and Conditions

 

  

Terms and Conditions for the provision of services between Xpedient Advisory Solutions Limited and You

Important: these terms and conditions form part of a legally binding contract and you should read these carefully.

1) Our services

The services provided by Xpedient Advisory Solutions Limited (Xpedient) consist of:

Completion of a client review form based on the information you provided including a complete review of your credit report to assess any other potential errors which may have lowered your credit worthiness.

Making investigations and enquiries as necessary to be able to understand your case and any evidence. Collating all the relevant documents can take time and in some cases it may be a period of months before all the relevant documents from the defendant are received and a full assessment can be completed. If in our opinion at this stage there is no reasonable prospect of a successful claim we will cancel the contract under conditions 2,4 and 5.

Representing your claim for redress from a defendant where we believe there is a valid case.

Negotiating and obtaining an offer of redress for you.

Referring your case to one of our Law firm partners if legal action is required. Please note that you have no obligation to use a law firm.

Where necessary and deemed appropriate, pursuing the case through the Financial Ombudsman Service (FOS) or one of our Law Firm partners. We make no representation or warranty to you that redress will be obtained or is in any way guaranteed.

 

2) Your obligations 

You shall

a) Cooperate with us in all matters relating to the services;

b) Provide us promptly with such information as we may reasonably request from time to time in order to carry out our services in a timely manner;

c) Ensure that all information provided to us is accurate and does not contain any material omissions

d) If required, give us authority to collect any relevant information from the defendant as necessary in relation to the services.

e) Tell us if you have a change of details such as name, address or other contact details.

f) Let us know if the defendant or court contacts you directly. If you receive a rejection, offer or payment directly from the defendant, please inform us as soon as possible so that we can advise appropriately.

g) If required, complete any court documentation as required to progress your case.

3) Referral to one of our Law firm Partners 

By accepting these terms and conditions you authorise Xpedient Advisory Solutions Limited to provide your personal data and any supporting information to one of our Law firm partners in order for them to evaluate the legal prospects of your case. After such evaluation neither Xpedient Advisory Solutions Limited nor the Law firm will undertake any further work on your case without obtaining your permission.

4) Our Fees and payment

We require an non refundable upfront fee of £195 to assess your claim. 

After the initial assessment If we conclude there is a potential claim we will act for you on a strictly “No Win No Fee” basis. There are no hidden fees. If no redress is recovered, no further charges are payable.

We are entitled to receive 30% (exclusive of VAT) of redress recovered relating to all cases against any defendant and/or third parties, no matter if received after the initial settlement. If required VAT will be added at the rate of 20%.

However, if an offer is made by a Third Party, which you choose to reject, or if you attempt to cancel our contract after an offer has been made, then our full fee is still due and payable.

We will continue to represent your interests with the Third Party in order to ensure that the correct amount of redress is paid. If any further payments are received from the Third party, they will be subject to the same terms and conditions regarding fees payable by you, to us.

You are obliged to notify us of any offer of payment made to you by the defendant(s) and/or third party relating to all cases. If you independently receive a settlement amount direct from the Third Party, as a result of a claim made by us on your behalf, which you fail to disclose to us, then you will be obliged to pay our full fees.

In the event that a fee due to us by you remains unpaid after 21 days then an administration charge of £50 will be added to the balance outstanding and late payment interest will be calculated at 8% per annum from the date that the fee became due until payment is made. Should we have to take steps to recover any fees due, you will be liable to pay any third party recovery costs incurred.

5) Cancellations and refunds

You may cancel at any time by writing to us. To cancel your contract with us, simply email info@xas.org.uk

If you cancel within 14 days from the date you accepted the terms and conditions then the evaluation fee paid will be refunded to you within a reasonable period of time which will not exceed 30 days.

If you cancel the contract more than 14 days from the date which you accepted the terms and conditions then the evaluation fee is non refundable. Additionally,if you terminate this agreement after the 14 day cooling off period and prior to an offer of redress, Xpedient reserves the right to make a reasonable and proportionate cancellation charge that will reflect the work undertaken by Xpedient in pursuit of your claim. When a cancellation is requested, if appropriate, we will send you an itemised bill outlining the work Xpedient have carried out on your behalf. 

We may cancel the contact any time by giving written notice to you in the following circumstances:

a) If during the provision of the services you have an unsuccessful claim.

b) If we reasonably believe that any information which you have provided us is fundamentally incorrect and/or inaccurate, or represents fraudulent activity.In this event the assessment fee is non refundable.

c) If you are or you propose to become the subject of a bankruptcy petition or order, individual voluntary arrangement, or upon Your death or mental incapacity. In this event the assessment fee is non refundable.

6) Liability

Nothing in these conditions excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or any liability that cannot be restricted by law.

Subject to the paragraph above, our liability under this contract shall be limited to loses which are foreseeable consequences of us breaking this contract. Losses are foreseeable where they could be contemplated by you to us at the time when you entered the terms and conditions.

You acknowledge that we can only process cases that have had a successful evaluation and we provide no guarantee or warranty of success. 

7) Use of information

We will comply with our obligations under the data protection act as set out under our privacy policy. If you are providing us with another person’s data you should ask them to also read this privacy policy. By giving us information about another person you are confirming that they have given you consent to provide the information to us.

By accepting the terms and conditions on the apply now page you give us permission to investigate your case with all relevant Third parties , and you give us authority to pass on to and receive from any Third Parties any information relation to your case including your personal data. 

We may share any information you provide to us including your personal data with our sub-contractors, affiliates and/or any replacement provider of our services, including any affiliated Law firm, for the purpose of assessing your case and making a claim on your behalf. 

If you want to know exactly what personal information we hold about you, you can obtain it. If it transpires the information we hold about you is inaccurate we will make the necessary arrangements and confirm to you that these have been made.

To obtain a copy of the personal information held by us please write to: Xpedient Advisory Solutions Limited. Pera Business Park. Nottingham Road, Melton Mowbray, Leicestershire. LE13 0PB

8) Complaints and disputes

If you are unhappy with our service at any stage, please contact Customer Services in the first instance. If you are still unhappy,after we have notified you of the outcome of our investigation, please refer to our website for further information on how to escalate your complaint or email us at info@xas.org.uk.

9) General

We shall not be liable for failure to comply with our obligations under the contract due to any event which is beyond our reasonable control and we will endeavour to provide the services within a reasonable period to time.

You may not transfer the contract, as it is personal to you, without our written consent.

You agree that our obligations under the contract may be transferred to a replacement and the benefit of any or all of our rights under or relating to this agreement may be assigned to any of our affiliates, funders, investors or any other third party, without prior notice to you. This agreement may be varied by us by giving you adequate notice via written or electronic communication (Inc. Email and SMS). References in this agreement to “we”, “us”, “our” or “Xpedient” means Xpedient Advisory Solutions Limited or our successors, transferees and assigns.

Any notice to be given under the contract by either party to the other must be in writing and be served by post to the address of the other party. Notice is deemed to be forty eight hours after posting.

We may make changes to the terms and conditions but if we do so we will advise you in writing within 14 days.

These conditions and any non contractual matters arising under them are governed by English law and the parties agree to submit to the non-exclusive of the English courts.