Terms of Engagement

1. ASHLEY HOWARD will:

  • Assess your claim and if appropriate, pursue a claim for a refund on your behalf.
  • Deal with all areas of your claim, including all correspondence and negotiations (where required) with the relevant companies and/or institutions. It may be necessary for us to obtain further signed documentation to make this possible.
  • If needed, we will pursue your claim with the Financial Ombudsman Service at no additional cost to you.
  • Inform you in writing of any/all offer(s) of settlement we receive on your behalf.
  • Always act in your best interests when pursuing your claim and we will make reasonable efforts to achieve a refund for you.
  • Inform you that if your claim is successful, your Payment Protection Insurance will be cancelled.
  • Please note that your lender may uphold other mis-sold PPI's that you may have purchased as a result of our approach to them. If this is the case, we will deal with these cases on your behalf and the same charges of 30% + VAT will apply.

2. ASHLEY HOWARD will not:

  • Give/offer you financial advice.
  • Guarantee to win a claim we accept and pursue.
  • Advise you to pursue a claim that in our opinion has no realistic chance of success. We also reserve the right to cancel this agreement if we form this opinion.
  • Advise you to accept or to reject any offer.
  • Invoice on any redress where our fee equates to less than £10.
  • Accept an offer of refund on your behalf without your agreement.

3. What we require you to do:

  • Provide Ashley Howard with all relevant information we may request without undue delay, this will enable us to pursue your claim efficiently.
  • Provide us with clear instructions.
  • Co-operate fully with us.
  • Inform us of any changes to your contact details.
  • Not to mislead us or ask us to act in an improper, illegal or unreasonable way.
  • Provide Ashley Howard with the exclusive authority for the duration of the contract:
    (a) to pursue your claim,
    (b) to enter into correspondence and negotiations on your behalf.

4. Our Fees

  • In the event that we do not succeed in obtaining a refund, you do not have to pay us anything.* (see clause 8)
  • If we obtain a refund for you or this agreement terminates after an offer of a refund has been made, we will charge you 30% of the refund plus VAT (the current rate of VAT is 20%). So if a refund of £1,500 is awarded, our fees would be £450 plus £90 VAT totalling £540. The balance you receive would be £960.
  • A refund can include the reduction of an existing debt or other form of redress. Examples of the other types of refund are listed in clause 5.

5. How will we collect our fees?

You are responsible for the payment of our fees. Invoices must be paid within 14 days of your refund clearing your account. We will invoice you upon the receipt of your refund from the bank or upon the cancellation* (see clause 8) of this agreement
Refund Examples:-

Example A: Refund without arrears

Example B: Refund with arrears

Example C Refund with loan and future instalment reduction

Total Compensation received by customer

£1500

Total Compensation received by customer

£1500

Total Compensation received by customer

£1500

Arrears reduction by lender

£0

Arrears reduction by lender

£1500

Loan reduction by lender

£1000

Offer paid minus arrears

£1500

Offer paid minus arrears

£0

Offer paid minus reduction

£500

Ashley Howard fee 30%

£450

Ashley Howard fee @ 30%

£450

Ashley Howard fee @ 30%

£450

VAT @ 20%

£90

VAT @ 20%

£90

VAT @ 20%

£90

Client pays Ashley Howard

£540

Client pays Ashley Howard

£540

Client pays Ashley Howard

£540

No loan reduction as already paid off in full

Reduction of arrears of £1500 on outstanding loan

Reduction of loan or future instalments


(a) You should note that if your refund contains an element of statutory interest payment (currently 8%), you may be liable to an income tax charge (currently 20%), the bank making the refund may pay to HMRC on your behalf. If you are not liable for tax, it is your duty to inform HMRC of this. If this is the case our fees will still be calculated on the full amount before tax. Eg: If your statutory 8% figure totals £100, the bank making the refund may pay income tax of 20% direct to HMRC totalling £20 leaving you with £80. Our fee will be charged on the full £100.If you benefit financially by way of a reduction of an existing debt (such as arrears); Ashley Howard Limited require our fees settling on the amount awarded.

(b) We require payment to terms. Payment must be made on time, in full, and without any deduction, offset or counter claim. If payment is not received as per our agreed Terms of Engagement, we will refer the matter to a debt collection agency, which will incur costs. Any costs for this process will be added to your outstanding debt, plus VAT at the current rate. You agree that you will be legally liable to pay us these costs and that payment these can be enforced against you in a court.

(c) If we have to enter legal proceedings against you for non-payment of an invoice the costs of any County Court action will be added to the outstanding debt together with statutory interest until the invoice is paid in full.

6. Our liability to you

  • If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or Damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into this contract.
  • We only supply the services for private use. You agree not to use the services for any commercial, business or re-sale purpose, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  • We do not exclude or limit in any way our liability for:
    (a) Death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
    (b) Fraud or fraudulent misrepresentation;
    (c) Breach of the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quantity, fitness for purpose and samples).

 

7. Events Outside Our Control

  • We will not be liable or responsible for any failure to perform or delay in performance of any of our obligations under these terms that is caused by an event outside our control.
  • An event outside our control means any act or event beyond our reasonable control, including without limitation, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
  • If an event outside our control takes place that affects the performance of our obligations under these terms:
    (a) We will contact you as soon as reasonably possible to notify you.
    (b) Our obligations under these terms will be suspended and the time for performance of our obligations will be extended for the duration of the event outside our control.
  • Where the event outside our control affects our performance of services to you, we will restart the services as soon as reasonably possible after the event outside our control is over.

8. Cancellation of this Agreement

  • We reserve the right to cancel this agreement at any time. There will be no fee payable if we tell you your claim is unlikely to succeed and you have fulfilled your obligations (as laid out in section 3 of this agreement).
  • There will be no fees payable if you cancel within 14 days of this agreement.
  • If this agreement is cancelled by you when an offer of payment has been made, we will enforce our charges of 30% + VAT.
  • *If after the 14 day cooling off period, you cancel this agreement prior to any offer of settlement being made, we reserve the right to charge you £50 + VAT per hour, for the administration of your claim, up to the point at which you informed us you would like to cancel.
  • You have the right to terminate this agreement at any time by giving us a clear statement.
  • There is a cancellation form provided here for your convenience, however you can do this through any form of communication. Email, telephone or in writing.

9. The Complaints Procedure

Our aim is to handle your complaint fairly, consistently and quickly. In order to do this it will help if you provide as much information as possible. If we uphold your complaint we will apologise and we will try to explain what went wrong. Wherever possible, we will take steps to prevent the same errors happening again.
We will always attempt to resolve your complaint at the point of contact. We will acknowledge your complaint within 5 working days of receipt and will aim to provide a full response within 4 weeks of the date of acknowledgment of your complaint. If we are unable to resolve your complaint within 4 weeks we will advise you accordingly. We will then aim to provide you with a full and final response within 8 weeks of receipt of your complaint.

If you have a complaint please contact us:

  • By phone on: 01625 524187
  • By letter or in person to:
    Ashley Howard, Crown House, Manchester Road, Wilmslow, Cheshire, SK9 1BH
  • By email to: complaints@ashley-howard.co.uk
    If you are not satisfied with our final response, the progress made or 8 weeks have elapsed since you raised your complaint with Ashley Howard, you may refer your complaint to the Legal Ombudsman. This can be done within six months from the date of the final response letter:
    Legal Ombudsman, PO Box 6806, Wolverhampton, WV1 9WJ
    Phone on: 0300 555 0333 (Lines are open Monday to Friday 8:30am – 17:30pm)
    Email to enquiries@legalombudsman.org.uk

10. Data Protection
We will hold and process your personal information in accordance with the Data Protection Act 1998. By providing your personal information to us, you explicitly authorise us to process the information for the purposes set out in this paragraph. You can, at any time, request a copy of all information we hold relating to you by writing to us (a written Data Subject Access Request in accordance with the Data Protection Act). You will be charged an administration charge of £10.00 for this. We will use the personal information you provide to assess your claim and carry information with other companies if necessary during the process of your claim for a refund, or any financial matters or products we believe may be of assistance to you.

11. Other important terms

  • We may transfer our rights and obligation under these terms to another organisation we will always notify you in writing if this happens. This will not affect your rights under these terms. You may only transfer your rights or your obligations under these terms to another
  • This contract is between you and us. No other person shall have any rights to enforce any of its terms.
  • Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
  • If we fail to insist that you perform any of your obligations under these terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
  • You can make a claim at no cost via the Citizens Advice Bureau or Financial Ombudsman Service.
  • These terms are governed by English law. You and we both agree to submit to the nonexclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
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  • Average Claim¹£2175.38
  • Last Month's PPI Average²£1617.22
  • Last Month's PBA Average³£1188.55