Pre Contract Information
Pre Disclosure Information
Version V: 0123.
Upon receipt of your enquiry, we will provide you with an initial free assessment to determine whether you have a valid claim. You have the option to
provide us with your credit report directly or share your credit reporting data with us.
We will review your credit report data to determine your lending history, payment history, payment status, court judgements and public record
information. We will also request information from you about your financial circumstances at the time of lending, in a fact-find questionnaire. We will
assess the information you have provided and consider whether there is a valid claim. We will then provide you with the outcome of your free
Where we believe a claim exists, we will provide you with our Claim Application Pack (Pre-Contract Information, Key Facts & Summary, Conditional
Fee Agreement (terms & conditions), Letter of Authority and Declaration) to complete and sign. This will allow us to investigate the merits of your claim
by considering whether your lender acted in a fair and reasonable manner before providing the finance to you.
By signing these documents, you are providing us with your authority to act on your behalf. Before proceeding, we ask that you read and check the
information contained within these documents and let us know if anything is incorrect. Once you have signed the documents, you will have a 14-day
cooling-off period should you change your mind.
Upon receipt of your signed documentation, we may need to contact your lender to obtain further information under the General Data Protection
Regulation 2018. This could include your lending history and information you provided to them at the time of application.
Whilst we will manage the claim, we may also require information from you throughout the process as outlined below:
Paperwork you will need to provide
-Our Assessment Questionnaire which helps us to better
understand your circumstances.
– Our Conditional Fee Agreement which outlines the fees
that you will be charged for our services.
– The Financial Ombudsman Service Complaint Form,
which we will fill in on your behalf (where required).
– A signed settlement form, which is sometimes required
before a lender releases money (where required).
– Any other documents reasonably required to progress
Evidence we may request
– Identification (e.g. Passport or Driving License).
– Credit Reporting Data (where available).
– Bank Statements (if you do not have these, we can look to
obtain these for you).
– Any documents to evidence vulnerability or financial
– Lender documentation or correspondence
– Any other documents to verify your identity or reasonably
required to progress your claim.
Submitting the claim
We will then provide your lender our findings in a Letter of Complaint based on the information you have provided alongside any evidence gathered
from your credit report.
The Lender will answer the complaint with a final response. Once we’ve received your Final Response from your lender, we will consider the next
appropriate action. This may include seeking instructions from you about any offers, discussion over whether the claim should be continued to the
Financial Ombudsman Service or discussion on whether to close the complaint.
We will refer the claim to the Financial Ombudsman Service if we consider there is case to do so. The Financial Ombudsman Service will appoint an
adjudicator to provide an impartial assessment of the complaint. If this is not acceptable to either party, the claim can be escalated to an
Ombudsman for a legally binding decision. We will advise you on whether we think this should be escalated.
We will provide you with updates on your claim by email, SMS and telephone as your claim progresses. This will include:
(i) Once we have submitted the complaint to your lender.
(ii) When your lender has acknowledged the complaint, or where your lender fails to acknowledge the complaint within a reasonable timescale.
(iii) If we receive a request for further information from your lender.
(iv) When we are expecting to receive their Final Decision Letter and where their response is considered overdue.
(v) When we receive your lenders Final Response and upon review, our position differs from their Final Response.
Where the complaint is referred to the Financial Ombudsman Service for an independent decision, we will provide updates:
(i) Upon submission of our claim file.
(ii) When the Financial Ombudsman Service acknowledge the claim, providing their complaint reference.
(iii) When an Adjudicator is assigned to your case.
(iv) When an Assessment or Decision has been made.
PROSPECT OF SUCCESS
Your agreement with us to pursue a claim on your behalf does not guarantee success. The complaint may be upheld in your favour (won) or
rejected (lost). No two claims are the same and the chances of receiving compensation will depend on the specific circumstances of the claim.
By using our service, we do not claim to increase the chances of success.
It is very difficult for us to place a timescale on the claims process as no two claims are the same. There are varying factors which can also change
the duration of time it takes to process a complaint such as whether your lender agrees with our findings and upholds your claim, or whether they
reject it. If your lender agrees with our findings, we would expect them to let us know within 8 weeks from the date we submit the claim. Where a Cash
Award is offered, this may extend the duration by a further 4 weeks.
If the claim is referred to the Financial Ombudsman Service, it can take around a further 3 to 18 months. This is dependent on the Financial
Ombudsman Services’ capacity and whether further information is provided by the lender. Where you are in severe and immediate financial hardship,
the Financial Ombudsman Service may prioritise your claim. We will confirm this with you when providing you with the Financial Ombudsman Services’
We are unable to provide you with a guaranteed timescale for resolution as a significant amount of the process depends on third parties (e.g. your
lender and the Financial Ombudsman Service). The use of a claim management company does not mean your claim will be processed any quicker
than if you complain to your lender yourself. We will however use our best efforts to progress your claim with reasonable promptness, preventing
delays where possible.
Before deciding to use our service, you should consider the costs you may incur and the risk of making a claim against your lender.
Below we have summarised key information you may wish to consider as part of your decision-making process:
Benefits of making a claim
– You may receive a cash offer, a combination of cash and
non-cash offer or a non-cash offer which means any
outstanding debt owed to your lender may be reduced or
cleared in full.
– The finance may be removed from your credit record in
part, or in full. This may result in the removal of
adverse/negative history, resulting in a potential change to
your credit score which may provide you lower APR rates
on future lending.
Risks of making a claim
– Your claim may not be successful resulting in lost time
pursuing the claim.
– You may feel uncomfortable in discussing or providing
information on your financial circumstances.
– Your lender may refuse to lend to you in the future, and any
lines of Credit may be removed with immediate effect.
If the claim is in relation to a vehicle, the lender may request
the vehicle is returned.
– Where a non-cash settlement is made, you may have to
source an alternative method to pay our fees such as a
payment plan, where you may have been making payment
of your invoice over a duration of time.
We will charge you a success fee of any redress offer that you receive. In some instances, you may not receive a cash award, but instead
receive a combination of a reduction of balance and cash award or a reduction of balance.
How much will you pay us for the service?
Under the terms of your Conditional Fee Agreement, we will charge you a success fee inclusive of VAT.
The fee is calculated as a percentage of any redress offer that you are awarded.
Below is an illustration of our fees. This illustration should not be taken as an estimate of the amount likely to be recovered as redress if you have a
successful claim. The figures below are for illustration purposes only and the amount you pay may be more or less than the amount shown.
|Band||Redress Awarded (£)||What we will charge you (including VAT) (%)||Max Total Fee Payable|
Based on the information we know about your claim it is most likely that you would have to pay us ___% of the redress awarded to you in the event of a
successful claim. The maximum you will have to pay is £_____ as highlighted band shown above.
* Where a full balance reduction takes place, you will not receive any cash and you will need to pay our fee by an alternative source or pay us in instalments.
– Our success fee is payable within 21 days of the invoice being raised. Where a cash settlement has been accepted but not yet received,
we will ensure the payment is not required until you receive cash award.
– Where a payment plan is required, this must be requested within 21 days of the invoice being raised and bank statements must be
provided to ensure this is affordable.
Where an offer includes 8% statutory interest, the lender may deduct “income tax” at a rate of 20% of this element of the award.
This will be paid to HMRC on your behalf. You can request a certificate from your lender should you wish to reclaim this tax.
You do not need to use a claims management company to make your complaint to your lender you can do it yourself for free. If your complaint is not
successful you can refer it to the Financial Ombudsman Service yourself for free.
Please note the Financial Services Compensation Scheme (FSCS), can provide protection and pay compensation for claims in some instances where
a financial services firm has failed. However, it does not protect consumers for claims against high-cost loan lenders.
You have a right to shop around (e.g. seek further advice or look for another person to assist) before deciding on whether or not you wish to use a
claims management company or submit a complaint directly yourself. Please note this is subject to any time limits within which a claim must be made
Alternatively, you could engage a solicitor and if they cannot reach a settlement, they may refer the claim to a court (legal action) or refer your complaint
to the Financial Ombudsman Service. If you wish to instruct a solicitor, you should check whether you hold an insurance policy which covers legal
expenses such as a household insurance or packaged bank account which may cover some of the costs for this, subject to any excess fees.
Please note, your lender may be a member of the Financial Ombudsman Service which is an Alternative Dispute Resolution (ADR) scheme. You can
refer your complaint to the Financial Ombudsman Service yourself for free.
You can cancel our service without charge within your 14-day cooling off period. You do not need to provide us a reason for cancelling.
Once the 14-day cooling off period has expired, you may cancel our service at any time. We do not charge a cancellation fee however a success fee
may apply depending on the stage of your claim:
– If a Final Response has not been provided and/or there has been no offer/proposal, no fee will be due; or
– If an offer/proposal has been made and deemed acceptable, with no acceptance provided, a success fee will apply.
– If you have accepted an offer/proposal and cancel after acceptance, a success fee will apply.
– If you withdraw our authority and we have reasonable belief that an offer/proposal has been made, a success fee will apply based upon thae
average claim value for the last 12 months. This will be amended where a copy of the offer/proposal is received with the lesser value payable.
We aim to provide a 5-star service at all times and trust you will be delighted with the service received. If, however you wish to raise a complaint,
you may do so by any reasonable means as outlined in our Complaint Handling Procedures enclosed.
We aim to resolve any complaint as soon as possible. If we are unable to do so within 3 business days, we will send you a written or electronic
acknowledgement of your complaint within five business days of receipt. We will send our Final Response or contact you to advise that we are not
yet able to issue our response within 8 weeks. If you remain unhappy, you have the right to refer your complaint to the Claims Management
Ombudsman, a Financial Ombudsman Service free of charge. Please refer to our Complaint Handling Procedures or https://sandersondrake.co.uk/complaints/ for full details.