Terms and Conditions

1. In these Terms and Conditions ('Terms'):

1.1  'Agreement' means the signed No Win No Fee Agreement between the Client and reclaim4me relating to supply of Services by reclaim4me and incorporating these Terms.

1.2  'Client' means a client of reclaim4me, and shall include all clients party to the Agreement.

1.3  'reclaim4me' means Debtx Ltd trading as reclaim4me of West Lancs Investment Centre, White Moss Business Park, West Lancashire WN8 9TG.

1.4  'Services' means those Services as set out in section 3 of these Terms.

1.5  'Third Party' means any person, firm or company or other legal entity against whom a claim for compensation or for refund of bank charges is contemplated or made.

2.  Obligations of reclaim4me

reclaim4me agrees with the Client that it will:

2.1  represent the Client on a no-win no-fee basis regarding any claim for the repayment of all penalty and unfair charges levied on any of the Client's bank account(s);

2.2  initiate and manage all correspondence via recorded delivery with any Third Party regarding the claim until the Client accepts an offer that is made;

2.3  make a request for information on the Client's account(s) for the past six years (five in Scotland);

2.4  analyse & assess the value of the Client's claim or claims;

2.5  liaise with any Third Party for the full recovery of any penalty and unfair charges levied, including statutory interest accrued;

2.6  commence legal proceedings, on the Client's behalf to recover any penalty and unfair charges levied, including statutory interest accrued;

2.7  provide the Services using reasonable skill and care;

2.8  notify the Client in writing if it decides not to pursue a claim for compensation; and

2.9  at all times act in the best interests of the Client.

3.  Obligations of the Client

The Client agrees with reclaim4me that it shall:

3.1  provide promptly all such information as reclaim4me may from time to time reasonably request;

3.2  ensure that all information sent to reclaim4me is accurate, not misleading and shall not contain any relevant omissions;

3.3 authorise reclaim4me to act exclusively on its behalf to contact the Third Party and such other persons, firms or companies as reclaim4me considers necessary to perform the Services and to authorise the release of any information held by the Third Party to reclaim4me as reclaim4me deems appropriate;

3.4  authorise reclaim4me to negotiate with respect to the merits and amount of the Client's claim;

3.5  authorise reclaim4me to compromise the claim for compensation on behalf of the Client and enter into a final and binding settlement agreement on behalf of the Client with the Third Party;

3.6  not contact or communicate with the Third Party in connection with the claim for compensation without the consent of reclaim4me;

3.7  immediately send a copy to reclaim4me of any correspondence it receives directly from the Third Party;

3.8  notify reclaim4me immediately of any settlement proposal made to the Client directly by the Third Party in respect of a claim for compensation and not to accept such a settlement without the consent of reclaim4me, always provided that if a settlement offer is concluded between the Client and the Third Party, the Client remain responsible for and shall immediately pay the fees referred to in the Agreement.

4.  Fees

4.1  reclaim4me's fees are those charges referred to in the Agreement and are exclusive of VAT. VAT is payable by the Client at the prevailing rate.

4.2  Should it be necessary for reclaim4me to pursue the Client for non-payment of fees upon completion of the Services, the Client will be liable to pay any legal costs incurred by reclaim4me.

5.  Liability

THE CLIENT'S ATTENTION IS PARTICULARLY DRAWN TO THE PROVISIONS OF THIS TERM

5.1  reclaim4me shall provide the Services using reasonable skill and care. All other warranties, conditions and terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this Agreement.

5.2  Nothing in these Terms limits or excludes the liability of reclaim4me for death or personal injury resulting from negligence; or for any damage or liability incurred by the Client as a result of fraud or fraudulent misrepresentation by reclaim4me.

5.3  Subject to 5.1 and 5.2 reclaim4me shall not be liable (including any liability for the acts or omissions of its employees, agents and sub-contractors) in respect of any breach of the Agreement; any use made by the Client of the Services; and any representation, statement or tortious act or omission (including negligence) arising under or in connection with the Agreement for loss of profits; loss of banking facilities; loss of goodwill and/or similar losses; loss of anticipated savings; loss of goods; or loss of contract; or loss of use; loss or corruption of data or information; or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.

5.4  reclaim4me shall not be liable for any loss, damage, or expense arising from any delay in the performance of any Services from whatever cause nor shall any such delay entitle the Client to terminate the Agreement.

6.  Term and Termination

6.1  The Agreement shall commence upon receipt by reclaim4me of the Terms of Service duly signed by the Client and unless earlier terminated as provided below shall continue until:

- compensation is recovered for the Client by reclaim4me; or

- reclaim4me advises the Client that it is unable to recover compensation; or

- reclaim4me exercises its right not to pursue a claim for compensation or

otherwise terminates the Agreement

6.2  reclaim4me shall have the right by giving written notice to the Client at any time to immediately terminate the Agreement if:

- there occurs any breach by the Client of any term of the Agreement which is in irremediable, or if remediable, is not remedied to reclaim4me's satisfaction within 15 days of a written notice by reclaim4me specifying the breach and requiring it to be remedied; or

- the Client is adjudicated bankrupt or in the case of a company, a liquidator is appointed.

6.3  No failure or delay in exercising any of reclaim4me's rights shall constitute a waiver of the same or any other of its rights.

6.4  The Client shall have the right by giving written notice to reclaim4me at any time to terminate the Agreement.  In the event that the Client terminates the Agreement the Client will pay to reclaim4me a contribution towards the administrative costs incurred by reclaim4me together with any other fees paid or payments made reclaim4me on behalf of the Client.

6.5  The Client may cancel this agreement within 14 days of signing reclaim4me's Term's of Service, without incurring a cancellation charge.

7.  Force Majeure

Neither reclaim4me nor the Client shall be liable for any delay or other failure to perform its obligations by reason of any cause whatsoever beyond its reasonable control and the time for performance shall be extended by the period of any such delay.

8.  Confidentiality

8.1  Any information acquired by either party pursuant to the Agreement is confidential and neither party shall without the prior written consent of the other make use or disclose it except for the purpose of the Agreement, save only to the extent such information is publicly available or such disclosure is required by law.

8.2  The working papers prepared as part of the engagement or during the performance by reclaim4me of the Services belong to reclaim4me and constitute confidential information.

9.  Data Protection

9.1  In the course of providing its Services reclaim4me shall obtain information about the Client's personal and financial situation from the Client and from others and which data may constitute 'personal data' or 'sensitive personal data' under the Data Protection Act 1988 ("the Act").

9.2  In signing the Agreement the Client consents:

- to reclaim4me carrying out such processing (whether obtaining, recording or holding) of such data as is necessary to enable reclaim4me to perform the Services.

- that reclaim4me may bring to the Client's attention from time to time, information that it believes may be of interest to the Client, unless the Client has informed reclaim4me that they do not wish to receive any such information.

9.3  If requested by the Client in writing, reclaim4me shall (for a fee not exceeding the maximum fee prescribed in the 1988 Act) provide details of the data that it holds about the Client.  The Client undertakes to advise reclaim4me if any such details are incomplete, inaccurate or out of date.

9.4  If requested by the Client in writing, reclaim4me shall provide the Client with such details of the third parties to which reclaim4me discloses information about the Client's personal and financial situation.

10.  Rights of Third Parties

The Agreement is made for the benefit of the parties to it and (where applicable) their successors and permitted assigns and is not intended to benefit, or be enforceable by, anyone else.

11.  Entire Agreement

The Agreement incorporating these Terms contains all the terms to which the parties have agreed in relation to its subject matter and supersedes all previous oral or written communication between the parties. reclaim4me does not authorise the giving of representation on its behalf by any person unless confirmed in writing and signed by a Director of reclaim4me.

12.  Notices

Any notice given in writing if sent by facsimile or forwarded by first class prepaid letter posted to the receiving party at its address last notified by in writing to the other party shall be deemed to have been given on the day of transmission of the facsimile (if sent during normal office hours and evidenced by transmission report and provided a copy is sent by first class prepaid letter posted on the same day) or 2 working days following the date of posting.

13.  Severability

If any provision (or part of a provision) of the Agreement or these Terms is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions will remain in.

14.  Variation

No variation to these Terms shall be binding unless agreed in writing between reclaim4me and the Client.

15.  Law and jurisdiction

The law applicable to these Terms and the Agreement shall be English law and the parties consent to the exclusive jurisdiction of the English Courts in all matters affecting this Agreement.

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