Terms of Engagement
Terms of Engagement for the appointment of Belmont Thornton Limited to act on the
Client's behalf in all aspects of the administration & negotiation of the Claim.
1.1 "Agreement" means these Terms of Engagement, the Letter of Authority and the
provision of the services which shall be carried out in accordance with these Terms.
1.2 "Belmont Thornton" means Belmont Thornton Limited, a limited liability company
and a third party claims handler, registered in England and Wales with number 6221233
having its registered office at Suite 2, Unit 25, The Coda Centre, Munster Road,
Fulham, London, SW6 6AW.
1.3 "Claim(s)" means the Client's claim or claims against the Company relating to
the mis-selling of a payment protection insurance policy or policies; or the application
of unlawful charges to the account(s) of the client.
1.4 "Client" means the policyholder(s)/account holder(s), whose details are set
out in the Letter of Authority and who have appointed Belmont Thornton to provide
1.5 "Company" means the Financial Institution and or persons whom the Letter of
Authority is addressed being the Insurance Company, 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 applied the unlawful charges (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 "Compensation" means the total of any reasonable sums offered by the Company
as a result of a Claim, including, but not limited to, gestures of goodwill, interest,
reductions in borrowing and or arrears, and repayment of premiums. It also includes
the non-application of interest which means where a bank or other institution has
elected not to apply interest on any arrears and therefore interest charges previously
accrued have been waived, the amount of that waiver will form part of the compensation
1.7 "Fee" means the fee of 25% of the Compensation, plus VAT - payable to Belmont
Thornton for the Services carried out by it. For example, if Belmont Thornton recovers
Â£1,000 Compensation, the Fee would be Â£250 + Â£50 VAT = Â£300. A further example being
where compensation is Â£2,500 which is applied as a reduction in the Client's loan
of Â£2,000 and a cash payment of Â£500, Belmont Thornton's fee would be Â£625 + Â£125
VAT = Â£750.
1.8 "Letter of Authority" means the letter included in the claim pack to be sent
to the Company authorising Belmont Thornton to act for the Client.
1.9 "Reasonable expenses" includes, without limitation, an initial assessment fee
of Â£15 +VAT, letter to the Company at Â£15 +VAT per letter. All other work undertaken
will be charged at a rate of Â£25 +VAT per hour, on a pro rata basis.
1.10 "Services" means the services provided by Belmont Thornton including assessing
the viability of, preparing, submitting and negotiating your Claim.
1.11 "Terms" means the Terms of Engagement.
1.12 "Unsuccessful Claim" means one where no compensation is offered by the Company.
1.13 "VAT" means Value Added Tax to be charged at the applicable rate.
2. Conduct of Engagement
2.1 Notwithstanding clauses 6.1 and 6.2, by signing the Letter of Authority the
Thornton to provide the Services.
3. The Client's Obligations
The Client(s) agrees:-
3.1 to provide Belmont Thornton with his/her/their consent and full authority to
deal with the Company on the Client's behalf and obtain relevant information from
whatever source on a continuing basis by completing and signing the Letter of Authority;
3.2 to provide all necessary and complete information and documents to Belmont Thornton
in order that Belmont Thornton may assess and pursue any Claim and in so doing expressly
warrants that all information and documents provided to Belmont Thornton will be
3.3 to deal promptly with all reasonable requests by Belmont Thornton for authority,
information, documents and further instructions that Belmont Thornton may from time
to time require. In the event the Client(s) breaches this term and/or 3.4 below,
and fails to act in accordance with those terms, Belmont Thornton will notify the
Client of the breach and give the Client 14 days within which to remedy the breach.
In the event the Client does not remedy the breach Belmont Thornton will be entitled
terminate the Agreement forthwith and the Client will remain liable for any Reasonable
expenses incurred by Belmont Thornton for the work carried out prior to the date
of such notification;
3.4 to promptly inform Belmont Thornton of any relevant matters affecting the Claim
and forward any documentation received from the Company in respect of the Claim;
3.5 to authorise the Company to remit the Compensation to Belmont Thornton and for
Belmont Thornton to retain the Fee before paying the Client. Notwithstanding such
agreement, the Client agrees that in the event the Company pays the Compensation
directly to the Client, the Client will pay Belmont Thornton the Fee, which will
become immediately due and payable by the Client to Belmont Thornton;
3.6 to give Belmont Thornton the right to deal exclusively with the Claim unless
otherwise agreed in writing by the Client and Belmont Thornton;
3.7 to pay Belmont Thornton the Fee within 28 days of notification of any reasonable
offer to pay Compensation (Belmont Thornton reserves the right to refer debts to
a collection agency and/or to pursue legal action which may result in the Client
being charged further fees);
3.8 to pay Belmont Thornton the Fee in respect of any additional, successful Claim
or Claims arising as a result of the Company investigating any additional policies/charges
and making offers of Compensation in relation to those additional policies/charges,
following the submission of an initial Claim submitted by Belmont Thornton on behalf
of the Client, whether or not that initial Claim included those matters then investigated
by the Company.
4. Belmont Thornton's Obligations
Belmont Thornton agrees:-
4.1 to assess the viability of, prepare, submit and negotiate the Claim. In so doing
Belmont Thornton will, at all times, act reasonably and will be entitled to use
its sole discretion in determining whether or not to proceed with the Claim (this
does not affect your right to withdraw);
4.2 to notify the Client, as soon as is reasonably possible, of the outcome of the
4.3 to pay the Client the balance of the Compensation after deduction of the Fee,
as soon as is reasonably possible, following the settlement of a Claim and the payment
of Compensation by the Company to Belmont Thornton;
4.4 to preserve the Client's confidentiality, including the Client's personal information
(even when this Agreement has terminated and the Client is no longer a client),
when disclosure is made at the Client's request or with the Client's consent in
relation to pursuing the Claim or where otherwise required by law;
4.5 not to make any charge in respect of an Unsuccessful Claim, save for the circumstances
set out in clause 6.2, 6.3 and 6.4 below.
5. Limitation of Liability
5.1 Belmont Thornton does not accept liability where a claim is rejected by the
lending institution and/or the Financial Ombudsman or for the amount of any Compensation
5.2 Belmont Thornton will not be liable for the accuracy of the information and
documents provided by the Client.
5.3 Belmont Thornton does not audit, test or check information or documents provided
by the Client save for in circumstances it is under a legal obligation to do so.
6. Withdrawal & Termination
6.1 Within 14 days of signing the Letter of Authority, the Client may withdraw from
this Agreement by notifying Belmont Thornton in writing by email to
firstname.lastname@example.org or by post to Belmont Thornton Limited,
Suite 2, Unit 25, The Coda Centre, Munster Road, London SW6 6AW.
6.2 The Client may terminate the Agreement at any time by advising Belmont Thornton
in writing and paying all Reasonable expenses incurred by Belmont Thornton in dealing
with the Claim. Such expenses must be paid without delay and no later than 30 calendar
days of Belmont Thornton informing the Client.
6.3 In the event the Client terminates after the receipt of an offer of Compensation,
the Fee remains due in full and payable by the Client to Belmont Thornton within
28 days of receipt of any the offer.
6.4 If the Client fails to remedy any breach after being served with proper notice
Belmont Thornton will be entitled to terminate this Agreement and demand immediate
payment of all Reasonable expenses incurred by Belmont Thornton in dealing with
the Claim or Claims.
7. Complaints and Dispute Resolution
7.1 Complaints can be made verbally by calling 0207 471 2000 or in writing via email
or by post to Belmont Thornton Limited, Suite 2, Unit 25, The Coda Centre, Munster
Road, London SW6 6AW.
7.2 Belmont Thornton will acknowledge receipt of your complaint within 5 working
7.3 The Client's complaint will be investigated by the customer services manager
and overseen by the compliance officer. Belmont Thornton will be as thorough as
possible and aim to resolve the complaint promptly, giving reasons for its decision.
Wherever possible, that person will not have been directly involved in the matter
which is the subject of the complaint, and will have the authority to settle the
7.4 If Belmont Thornton is unable to send the Client a final response within 4 weeks,
Belmont Thornton will contact the Client and explain why. Belmont Thornton will
then endeavour to issue a final response within the next 4 weeks.
If the Client is not satisfied with Belmont Thornton's response, or if a complaint
is not resolved after eight weeks, the Client may refer the complaint to Claims
Management Regulator, 57-60 High Street, Burton upon Trent, Staffordshire, DE14
1JS, or via email to email@example.com,
or via telephone by calling 0845 450 6858.
8.1 The Client is hereby advised that the Client may complain directly to the Company
at no cost, with the ability to take matters further with the Financial Ombudsman.
8.2 Belmont Thornton is regulated by the Ministry of Justice in respect of regulated
claims management activities under authorisation number 18273.
9. Governing Law
9.1 This Agreement shall be subject to the laws of England and Wales.
V13 - October 2012