1. Definition

A ‘Claims Management Fees’ means such fees payable by the Client to Robert Askey, trading as Birkett Chambers, upon conclusion of the claim.

B ‘Claim’ means any potential claim that the client could make against a third party.

C ‘Compensation’ means any monies due, savings made or benefits received as a result of a claim against a third party.

D ‘DPA’ means the Data Protection Act 2018, as amended from time to time,

E ‘CCA’ means the Consumer Credit Act 1974, and the Consumer Credit Act 2006, as amended from time to time. F ‘Services’ means all or any of the services as specified in the Contract.

2. Duration & Services

2.2 The Contract shall commence on the date on which the Client’s signed Terms and Conditions are received by Birkett Chambers and unless terminated earlier as provided below shall continue until the company has completed the claims process for the client.

3. Our Fee

3.1 We will endeavour to recover any Mis-sold policies charged by the Third Party plus any interest, where applicable, in exchange for a fee of 39% on a no-win no no-fee basis. This means that you will only pay fees if Birkett Chambers is successful in obtaining compensation for you.

3.2 Payment of Birkett Chambers’ fee becomes due and payable within 14 days upon the client’s receipt of compensation.

4.General Obligations of the Client. The Client agrees with Robert Askey, trading as Birkett Chambers:

4.1 To supply all paperwork and or statements related to the Client’s claim and to promptly provide all such information as may from time to time be reasonably requested and to deal with all correspondence from Birkett Chambers within 14 days.

4.2 To ensure that all information sent to Birkett Chambers is true, accurate, not misleading and shall not contain any relevant omissions.

4.3 To authorise Birkett Chambers to act on the client’s behalf to contact the Third Party or such other persons, firms or companies as Birkett Chambers considers necessary to perform the Services and to authorise the release of any such information as Birkett Chambers deems appropriate.

4.4 Not to appoint any other company or other person, firm or company to provide the Services during the term of

the Contract without the prior written consent of Birkett Chambers.

5.Termination/Cancellation of this Agreement

You have the right to cancel your contract within 14 days of signing the terms and conditions with no charge. This is called your cooling-off period. If you wish to terminate your agreement after this period, we reserve the right to invoice you for work carried out on your claim. The invoice will be itemised to demonstrate what you are being charged for.

The 14-day cancellation period will commence when we receive these terms and conditions back. The acceptable methods of cancellation are in writing, through either the post of email. Birkett Chambers shall have the right by giving written notice to the Client at any time to immediately terminate or cancel the Contract if:

5.1 There occurs any material breach by the Client of any term of Contract (in respect of any one or more claims) which is irremediable or, if remediable, is not remedied to Birkett Chambers’ satisfaction within 15 days of a written notice by Birkett Chambers specifying the breach and requiring it to be remedied; or

5.2 The Client is adjudicated bankrupt or enters into a voluntary arrangement with creditors; or

5.3 If Birkett Chambers advises the Client that their claim is unlikely to succeed; or

5.4 If the Client has breached their duties set out above in section 4 above.

6. Confidentiality

6.1 Both parties agree to keep confidential the subject matter of the Contract any information (whether written or oral) acquired by that party in connection with the Contract and not to use any such information except for the purpose of performing its obligations under the Contract.

6.2 Both parties agree that the provisions of Condition 6.1 shall not apply to information already in the public domain other than as a breach of Condition 6.1.

7. Privacy Policy and Data Protection

7.1 All personal data will be held in accordance with the Terms of Birkett Chambers’ privacy policy which can be found on Birkett Chambers’ website www.birkettchambers.co.uk. All data is held in accordance with the provisions of the DPA.

7.2 Birkett Chambers agrees to comply with any written Data Subject Access Request under the DPA made by the Client for the personal data that it holds subject to any exemptions that may apply from time to time.

8. Notices, Severability, Variations, Complaints, Waiver

Birkett Chambers operates a complaints mechanism, which can be initiated by any means (letter, telephone, e-mail or in person), by giving full details of any complaint.

9. Law and Jurisdiction

The law applicable to this Contract shall be English Law and the parties consent to the jurisdiction of the English Courts in all matters affecting the Contract. Definitions used have the meaning given to them in these Terms and Conditions (the ‘Terms and Conditions’)

9.1 The parties agree that in the event of non-payment of fees by the Client resulting in litigation between the parties, legal costs shall be payable in keeping with the appropriate Court Guidelines.