Terms of Engagement
Payment Protection Scotland (PPS) is the trading name of Payment Protection Services Ltd. We are a company that specialises in Payment Protection Insurance (PPI) claims in Scotland only. Our Terms & Conditions provides information on how we will conduct our business and our commitments to you as well as our requirements from you in order to complete a PPI claim.
Please take the time to read through these conditions and use as a future point of reference should you require it. By signing and returning this agreement you are agreeing to the terms as outlined below.
1. Definitions
a) ‘Agreement’ means the Terms of Engagement and / or the Letter of Authority. The Agreement is between Payment PPS and you for the provision of services in relation to the pursuing of mis-sold PPI
b) ‘Claim’ refers to the claim against a financial services provider for mis sold PPI and for the failure to disclose commission in relation to the PPI sale.
c) ‘Lender’ refers to the company responsible for the PPI sale and whom we will pursue for compensation
d) ‘Compensation’ means the total of any sums offered by the Company as a result of the claims we have submitted, including PPI redress, commission compensation, arrears/balance reduction, gestures of goodwill
e) ‘Fee’ is the amount of money you will pay PPS for a successful claim (24% VAT inclusive). There is no fee to pay for any claim that is unsuccessful (see ‘fees’ section below for further information)
f) Financial Ombudsman Service (FOS) are an independent arbitration service who may look at a lender rejection decision
‘No Win No Fee’
We will undertake your claim on a ‘No Win No Fee’ basis. This means that we will not charge you if you do not have a successful claim and receive a refund. In all cases, we will submit an information request to the lender to establish whether PPI was paid. If you did not pay PPI, we will close the case at no charge to you. If we determine that you did pay PPI, we will contact you and submit a claim for refund on your behalf. If we are successful in reclaiming mis-sold PPI a fee of 24% VAT inclusive will be payable by you on the gross amount (see ‘fees’ below for further information).
Our Commitment to you
a) PPS will not begin a claim on your behalf unless you have signed both our terms and conditions and letters of authority that allow us to act on your behalf
b) PPS will seek to reclaim mis sold PPI against any lender you ask us to pursue; we will not submit a claim against any lender unless you have asked us to do so
c) Once you have advised of a lender you wish us to pursue, we will attempt to recover PPI against any accounts you may have had unless specifically advised by you otherwise
d) PPS will undertake a Data Subject Access Request in all cases to determine whether PPI was sold on any accounts you have/had with a lender
e) If no PPI was paid, we will close the case at no charge to you; this will be on a case specific basis
f) PPS will notify promptly on any decision not to pursue a case. It is at the sole discretion of PPS whether to proceed with a claim at any time during the process. We will advise you promptly of the reasons for not pursuing a case.
g) If PPI is identified, we will contact you and progress to submitting a claim for repayment
h) If we require further information from you, we will endeavour to do so in a timely manner and not unnecessarily delay the progress of the complaint
i) If we are successful in reclaiming mis sold PPI, we will notify you immediately and advise of the next steps including our fee’s
j) After a successful claim, you are responsible for cancelling any active policy and if applicable identifying a replacement policy
k) If a lender rejects your claim, we will refer to the Financial Ombudsman only where we believe there is the possibility of the decision being overturned
l) Our agreement with you will only come to an end once we have an outcome on all cases that you have with us
Our Requirements from you
a) You agree to PPS dealing exclusively with your claim(s) and you acknowledge that you can pursue the claim(s) yourself but have chosen not to do so
b) By signing this agreement, you are confirming that you have no Legal Services cover which you could use to pursue the claim
c) You will provide us with details of any lenders that you wish to pursue a PPI claim(s) against
d) Whilst paperwork (credit agreements, statements etc.) are not essential, providing this information could speed up your claim (see ‘Your Personal Data’ for how we handle your information’)
e) You will co-operate fully with us and respond to requests for information if applicable
f) You agree to accept any reasonable offer of compensation made by the lender that is calculated in the manner set out by the Financial Conduct Authority
g) If contacted directly by the lender after we have submitted a complaint, you will advise us of this and the nature of the contact
h) You must inform us if you are currently subject to a Trust Deed, IVA, Bankruptcy or Sequestration. Whilst you may still be able to claim, any compensation could be payable to your creditors
i) On a successful claim you agree to settle any fees with PPS 7 days from when the funds are cleared in your account
j) You agree to pay any additional costs arising from non-payment of invoice. PPS reserves the right to refer debts to a collection agency and / or to pursue legal action which may result in further fees being charged
Fees
a) Our fees are 24% (VAT inc.) of the total gross redress (total compensation before HMRC’s deduction) offered by your lender
b) If we do not recover any money for you then you do not have to pay anything (subject to cancellation clause below)
An example of our fees is: -
- £1500 recovered, HMRC deduction £100 for income tax. Our fees on this would be £360 (24% VAT inc.)
- £3000 recovered, HMRC deduction £200 for income tax. Our fees on this would be £720 (24% VAT inc.)
- £10000 recovered, HMRC deduction £700 for income tax. Our fees on this would be £2400 (24% VAT inc.)
c) Our fees relate to any contract entered from 1st April 2019. Contracts entered into prior to 1st April 2019 are chargeable at the rate outlined in such contracts.
d) In some instances, Lenders can re-investigate complaint after a final decision has been given. If the outcome of this is that your complaint is upheld and redress given, you will still be liable for out fees.
e) If your lender uses funds from a successful claim to offset an outstanding balance you would still be liable for our fee on the full award e.g. £10,000 award but £5000 used to remove an outstanding balance our Fee(s) would be £2400 (24% VAT inclusive of the £10,000 award) and you would receive £2600
Cancellation
a) You have 14 days from the date you sign and submit your claim to Payment Protection Scotland (this is known as the ‘Cooling Off Period’) at no cost
b) Any request to cancel can be made by telephone or in writing
c) If you cancel after the cooling off period, you will be subject to a cancellation charge as which will be in relation to the work already carried out
d) Cancellation fees will be charged at a rate of £50 per hour for the work undertaken
e) Any cancellation after a reasonable offer has been made then we will issue a cancellation charge that is equal to the fee due from the award
Data Protection
a) Payment Protection Scotland take the privacy and security of your personal information seriously and it is controlled and processed in accordance with the General Data Protection Regulation
b) Payment Protection Scotland will only ever use your information for the following –
- To pursue a Payment Protection Insurance claim as instructed by you
- To advise you about services that we offer relating to, but not restricted to, financial services claims
- To assist in collating customer service satisfaction feedback
c) We will never pass your data to third party companies that are not part of Payment Protection Services without your explicit consent
d) Full details of our Data Protection policy can be found on our website at www.paymentprotectionscotland.co.uk
Complaints
IF you are dissatisfied with our service then you can complain to us by writing to: Compliance Manager, Payment Protection Scotland, Suite G15 Citibase, New Alderston House, 3 Dover Wynd, Strathclyde Business Park, Bellshill ML4 3FB or by calling us on 01698440820. Full information on our complaints policy can be found on our website at www.paymentprotectionscotland.co.uk.
Disclaimer
a) The client has been made aware that you could complain directly to the lender at no cost as well as referral to the Financial Ombudsman, however, in signing this agreement you accept that you wish PPS to pursue the claim and accept the fees that come with this service
b) Payment Protection Scotland is a trading name of Payment Protection Services, all claims are submitted under the name Payment Protection Scotland
c) We reserve the right to update or amend our Terms & Conditions. Any changes will be advised and will not affect your termination rights
d) Payment Protection Scotland will not accept liability for the accuracy of the information provided by clients, we will always act in good faith
e) Any costs resulting from lender requests (e.g. certified documentation) must be met by the client
f) We can end any agreement if we believe that you are unlikely to succeed in pursuing a case to a lender and / or the Financial Ombudsman Service
g) We can end this agreement if you reject an award of full compensation from the lender. You will still be liable to pay our fees for this award
