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Rejected & Partially Refunded PPI Terms of Engagement

Terms of Engagement for the appointment of Your Money Claim to act on the Client’s behalf in all aspects of the administration & negotiation of the Rejected & Partially Refunded Plevin PPI Claims (for all customers who contract with us on or after 30th August 2019).

1. Definitions

1.1 “Agreement” means these Terms of Engagement and/or the Letter of Authority. The agreement is between Your Money Claim and the Client for the provision of Services which shall be carried out in accordance with these Terms.

1.2 “Your Money Claim” means Your Money Management Ltd trading as Your Money Claim having its office address at: Victory House, The Sidings, Whalley, Clitheroe, Lancashire, BB7 9SE

1.3 “Claim(s)” means the Client’s claim or claims made against the Company relating to the failure to disclose commission charges (Plevin) in connection with the Client’s Payment Protection Insurance (PPI) policy(ies) or other sums paid by the Company to third parties.

1.4 “Client” means the policyholder(s)/account holder(s), whose details are set out in the Letter of Authority and who have appointed Your Money Claim to provide the Services.

1.5 “Company” means the Financial Institution, Bank, Building Society, Credit Card Company or Financial Advisor or any other entity which sold the policy or gave the advice to the Client, or failed to disclose commission charges (Plevin) or other sums paid to third parties (including, for the avoidance of doubt, any employee, director, agents, representatives and associates of the said entities or any other entity and/or any of their predecessors).

1.6. “Initial Pack” means the first Pack Your Money Claim sends to the Client for Claim(s) relating to the failure to disclose commission charges (Plevin) related to a PPI policy(ies) or other sums paid by the Company to third parties.

1.7. “Instruction” means the Client authorising Your Money Claim to undertake the Plevin Check(s) and to refer the Claim(s) to the Legal Partner, which is given when the Client signs and returns a Letter of Authority, or other authorisation document/form. This includes where the Client provides their signature or completes a form electronically.

1.8. “Legal Pack” means the Pack Your Money Claim sends to the Client, upon completion of the Plevin Check(s) and the identification of a potential Claim(s), which contains information about the Legal Partner and allows the Client to provide Instruction for Your Money Claim to refer the Claim(s) to the Legal Partner.

1.9 “Letter of Authority” means the letter included in the claim pack to be sent to the Company authorising Your Money Claim to act for the Client.

1.10 “Legal Partner” means a solicitor on Your Money Claim’s legal panel.

1.11 “Services” means:-
.1) Conducting a Plevin Check(s) to obtain information about any PPI policy(ies) the Client held with the Company and identifying any potential Claim(s) for undisclosed commission (Plevin); and
.2) Referring the Claim(s) to the Legal Partner, with the Client’s Instruction.

1.12 “Plevin Check” means the process by which Your Money Claim will endeavour to identify whether PPI existed on any account(s) provided to the Client, by the Company, and whether the Client has a potential Claim(s) for undisclosed commissions (Plevin), by submitting a Subject Access Request (SAR), on behalf of the Client, to the Company.

2. Claims Services

2.1. Your Money Claim will not commence the Claims Services until Your Money Claim receives instruction from the Client.

2.2. Your Money Claim will use reasonable endeavours to request the Company provide information about any PPI policies and undisclosed commissions (Plevin) or other sums paid by the Company to third parties, that existed on any account(s) held by the Client, by issuing a Data Subject Access Request.

2.3. Your Money Claim will promptly notify the Client of the outcome of the Plevin Check(s).

2.4. If Your Money Claim is unable to identify a PPI policy(ies) and any undisclosed commissions (Plevin), or other sums paid by the Company to third parties, this Agreement will come to an end.

2.5. The Client authorises this Agreement to continue and for Your Money Claim to send to the Client a Legal Pack(s) for any account(s) where a Company has confirmed the Client may have held a PPI policy(ies) and there may have been undisclosed commissions (Plevin), or other sums paid by the Company to third parties associated with the Client’s PPI policy(ies).

2.6. The Client understands that by completing one Letter of Authority, the Company may provide information about multiple PPI policies, under the Instruction(s) provided, and that Your Money Claim will review this information to identify potential Claim(s).

2.7. Your Money Claim will review and, if appropriate, based on the information provided by the Client and the Company, issue the Client with a Legal Pack requesting Instruction to refer potential Claim(s) to the Legal Partner to continue with the potential Claim(s) on behalf of the Client.

2.8. Your Money Claim or the Company may require further authority, information or documents from the Client to facilitate the provision of the Claims Services. Documentation that may be required includes proof of identification and proof of address (this is not an exhaustive list).

2.9. The Client agrees to deal promptly, and in any event within 28 days, with requests for authority, information or documents that Your Money Claim or the Company may request.

2.10. The Client will ensure that any information provided is true, accurate and completed to the best of their knowledge. Your Money Claim will not check such information except where it is under legal obligation to do so.

2.11. Your Money Claim will endeavour to update the Client about any significant developments in the Claim(s) via email, SMS text message or other methods deemed appropriate by Your Money Claim until the Claim(s) is referred to the Legal Partner.

3. Referral to the Legal Partner(s)

3.1. Should Your Money Claim identify a potential Claim(s), Your Money Claim will send a Legal Pack to the Client. Your Money Claim will not refer any Claim(s) to the Legal Partner until Your Money Claim receives Instruction to do so from the Client.

3.2. Once the Client has provided Instruction, Your Money Claim will refer the Claim(s) to the Legal Partner by passing on the Client’s personal data, including contact details, SAR information and any other information relevant to the Claim(s) to the Legal Partner.

3.3. Your Money Claim will notify the Client promptly once the Claim(s) has been referred to the Legal Partner.

3.4. Once the Client’s Claim(s) is referred to the Legal Partner the Client will receive no further updates from Your Money Claim about that Claim(s). All further updates will be from the Legal Partner.

3.5. Upon receipt of the Client’s Claim(s) from Your Money Claim, the Legal Partner will contact the Client in respect of its services. No further action will be taken by Your Money Claim.

4. Fee(s)

4.1. Your Money Claim will not charge the Client any Fee(s) for the Claims Services, or any other work carried out prior to the Client’s Claim(s) being passed to the Legal Partner.

4.2. Once the Client’s Claim(s) has been passed to the Legal Partner, the Legal Partner will charge a Fee(s) for any successful Claim(s). An additional Fee(s) may also apply. All Fees will be outlined in the Client’s Agreement with the Legal Partner.

4.3. If the Client provides Instruction to Your Money Claim to transfer the Client’s Claim to the Legal Partner, and the Claim is successful, the Legal Partner will pay Your Money Claim a referral fee. All Fees will be outlined in the Client’s Agreement with the Legal Partner.

5. Cancellation Rights

5.1. There is no obligation for the Client to provide Instruction to Your Money Claim to refer their Claim(s) to the Legal Partner.

5.2. The Client may cancel this Agreement at any time, at no cost, by notifying Your Money Claim in writing by email to info@yourmoneyclaim.co.uk or by recorded post to Your Money Claim, Victory House, The Sidings, Whalley, Clitheroe, Lancashire, BB7 9SE or by making any other clear statement of their wish to cancel.

5.3. Your Money Claim may at its sole discretion decide not to proceed with the Claims Services and cancel this Agreement at any time. Your Money Claim must act reasonably in taking such a decision and promptly notify the Client in writing via post or email.

5.4. The Legal Partner will provide the Client with separate Cancellation Rights under its Agreement with the Client.

6. Personal Data

6.1. Your Money Claim takes the privacy of Client’s personal information seriously. Your Money Claim will only use the personal information provided by the Client for the purposes of carrying out the Services.

6.2. During the Claims Services the Client’s personal information will be used to provide the Claims Services, including to third party organisations for the purposes of undertaking these Claims Services.

6.3. Your Money Claim will not disclose the Client’s personal data to a third party without express consent being provided by the Client, unless a lawful or legitimate basis applies.

7. Complaints & Dispute Resolution

7.1 Complaints can be made verbally by calling 01254 822 880 or in writing via email to info@yourmoneyclaim.co.uk or by post to Your Money Claim, Victory House, The Sidings, Whalley, Clitheroe, BB7 9SE.

7.2 If at any point the Client becomes unhappy with the service Your Money Claim provides then the Client should inform Your Money Claim immediately so that Your Money Claim can do its best to resolve the problem. The Client may also contact the Financial Ombudsman Service, free of charge, at any point the Client becomes unhappy with the service Your Money Claim provides.Your Money Claim has a procedure in place which details how complaints are handled which is available at www.yourmoneyclaim.co.uk/complaints. Your Money Claim has eight weeks to consider a complaint.

If Your Money Claim is unable to resolve the complaint then the Client can have the complaint independently looked at, free of charge, by the Financial Ombudsman Service. The Financial Ombudsman Service can investigate complaints up to six years from the date of the problem happening or within three years of when the Client found out about the problem. If the Client wishes to refer the complaint to the Financial Ombudsman Service this must be done within six months of Your Money Claim’s final response to the complaint. For more information about the Financial Ombudsman Service their contact details are as follows:

Website: https://www.financial-ombudsman.org.uk

Email Address: complaint.info@financial-ombudsman.org.uk

Telephone Number: 0800 023 4567 or 0300 123 9123.

Address to Write to: Financial Ombudsman Service, Exchange Tower, London, E14 9SR

8. Disclaimer & Assignment

8.1. Once Your Money Claim has referred the Client’s Claim(s) to the Legal Partner, Your Money Claim shall not be liable to the Client for any loss which arise.

8.2. The Client is aware that the do not need to use a claims management company to assess their eligibility for a Claim(s). The Client is aware that they are free to seek advice elsewhere and are able to proceed with their Claim(s) independently or directly or via an alternate solicitor. The Client may also contact organisations such as the Financial Conduct Authority, Financial Ombudsman Service or Citizens Advice for free information about PPI.

9. Governing Law

9.1 This Agreement shall be subject to the laws of England and Wales.

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