Terms and Conditions
Blue Panda Finance (BPF), Suite 50, 792 Wilmslow Road, Manchester, M20 6UG is registered in England (Company No.08668345) and is regulated by the Financial Conduct Authority in respect of regulated Claims Management Activities (FRN835515); its registration is recorded on the website www.register.fca.org.uk. This document sets out the Terms of Engagement on which BPF will supply the Claims Services to You and for the appointment of Blue Panda Finance to act on Your behalf in all aspects of the administration and negotiation of the Claim. By completing, signing and returning the Letter of Authority (LOA), You agree to be bound by these Terms of Engagement (“Agreement”).
1. Definitions
a. “Claim(s)” means Your Claim(s) against the Company relating to the mis-selling of a payment protection insurance (PPI) policy(ies) on any account with that Company, and/or failure to disclose commission or other sums paid by the Company to third parties in connection with PPI policies.
b. “Claims Services” means:-
i) conducting a PPI Check to ascertain if You have/had PPI with each Company You tell Us You have dealt with; and ii) preparing, submitting and negotiating Your Claim(s) to/with the Company, in the event that BPF locate PPI. Where appropriate, this may include commencing legal proceedings and/or submitting a referral to the Financial Ombudsman Service (FOS) on Your behalf.
c. “Company” means the business to whom the Letter of Authority (LOA) is addressed, who provided/sold the PPI policy and/or failed to disclose commission charges, including any associates and/or their predecessors.
d. “Compensation” means any sums offered, given and/or paid in respect of settlement, including goodwill gestures, any interest payments and associated charges. For the avoidance of doubt, Compensation also includes any sums used to reduce any outstanding balances.
e. “Cooling-off Period” means any time up to 14 days from the date Your Claim(s) are submitted by BPF to the Company until which time You may cancel this Agreement and any Claim(s) free of charge.
f. “Fee(s)” means the amount You will have to pay to BPF for the Claims Services, in accordance with clause 1(b)(ii) and as set out in clause 4.
g. “FOS” means the Financial Ombudsman Service who can review the Company’s decision to defend your Claim(s).
h. “Free PPI Check Period” or “ PPI Check” means the process by which BPF will endeavour to identify whether PPI existed on products/accounts provided to You by the Company. The service undertaken during the Free PPI Check Period is limited to submitting a Data Subject Access Request (DSAR) only, on Your behalf, to the Company, upon receipt of Us receiving Your signed LOA. The Free PPI Check Period will immediately end on the date BPF is notified by a Company that PPI has been identified. You will never be charged a Fee(s) during the Free PPI Check Period.
i. “Instruction” means You authorising Us to undertake the Claims Services. Your Instruction is given when You sign and return the LOA.
j. “Letter of Authority (LOA)” means the document to be sent to the Company containing Your authority for BPF to act on Your behalf.
k. “BPF/Us” means Blue Panda Finance, Company No. 08668345.
l. “Terms” means the Terms of Engagement (“Agreement”).
m. “You/Your” means the account/policy holder(s) whose details are set out in the LOA and who have appointed BPF to act on their behalf and also includes an Executor(s) or Administrator(s) of a Deceased Person’s Estate.
2. Claims Services
i) Free PPI Check Period
a. BPF will ask for Your PPI information from the Company by making a DSAR.
b. BPF will use reasonable endeavours to ascertain whether or not any of the policies or accounts that You have had with the Company included PPI and if so, will inform You.
c. If no PPI is identified, this Agreement will come to an end.
ii) Preparing, Submitting and Managing Your Claim(s)
a. Once PPI is identified, the Free PPI Check Period ends and You authorise BPF to provide You with the Claims Services.
b. BPF will review, and if appropriate, based on the information You provided during the Free PPI Check Period, prepare and submit a Claim(s) to the Company and/or the FOS on Your behalf.
c. If further information is required from You prior to submitting a Claim(s) BPF will endeavour to contact You and You agree to provide reasonable assistance and information to allow Us to submit a Claim on Your behalf.
d. You understand that by completing one LOA, that the Company may investigate all accounts where PPI has been applied, under the Instruction(s) provided.
e. Any successful Claim(s), proceeded in accordance with clause 1(b) (ii), will be subject to a Fee(s), as set out in clause 4.
f. You will ensure that any information provided is true, accurate and completed to the best of Your knowledge. BPF will not check such information except where it is under legal obligation to do so.
g. You will deal promptly with requests by BPF for authority, information or documents that BPF or the Company might make.
h. The Company may contact You directly and You will inform BPF promptly of this and any relevant matters affecting Your Claim(s).
i. BPF will use reasonable endeavours to obtain and negotiate Compensation for the Claim(s) pursued.
j. You agree to BPF dealing exclusively with Your Claim(s) and acknowledge that You could complain directly to the Company at no cost.
3. Your Compensation
a. When BPF undertakes the Claims Services and is not successful in obtaining Compensation then You owe BPF nothing, except where You cancel this Agreement in accordance with clause 5. If BPF carries out a Free PPI Check and no PPI is identified, then You owe BPF nothing.
b. When BPF undertakes the Claims Services, in accordance with clause 1(b)(ii), and is successful in obtaining Compensation then You owe BPF 20% plus VAT of the Compensation. This means, for example: if BPF succeeds in obtaining Compensation of £1,000, the Fee(s) would be £240. You would receive £760. If BPF succeeds in obtaining Compensation of £3,000, the Fee(s) would be £720, You would receive £2,280. If Compensation of £10,000 is received, the Fee(s) would be £2,400, You would receive £7,600.
c. BPF will invoice You for the Fee(s) which will become immediately payable by You to BPF from the date You receive Your Compensation. You agree that the Company is entitled to remit the Compensation to BPF and that BPF shall deduct the Fee(s) before paying the balance of the Compensation to You.
d. BPF will, following the settlement of Your Claim(s) and the payment of Compensation by the Company to BPF, pay You the balance of the Compensation, after deducting the Fee(s). For the avoidance of doubt, where You have more than one successful Claim against one or more Company, BPF may deduct from any Compensation paid, the Fee(s) payable in respect of each of the Claims from the Compensation received for any one of those Claims.
e. Fee(s) become due at the point that either BPF or You are informed of an offer of Compensation and payable from the date You receive Your Compensation. If the Company offers or pays Compensation to You directly, You agree to notify BPF immediately (and within 7 days at the latest) and to provide the details BPF needs to calculate Your Fee(s). For the avoidance of doubt, should You reject a reasonable offer of Compensation and/or refuse to sign a Company’s Acceptance/Settlement Form, Your Fee(s) remains due and payable on the sum offered.
f. Compensation may be used by a Company to reduce any outstanding debt You owe them and You understand that BPF’s Fee(s) of 20% plus VAT will be payable to BPF based on the total amount of calculated Compensation even if the Company does not pay the whole sum of the Compensation to You.
g. If Compensation is paid directly by the Company to an Insolvency Practitioner or the Official Receiver, and You do not receive any Compensation, You will not be liable for our Fee(s). Our Fee(s) will only be payable on any Compensation You receive.
h. If You fail to pay the Fee(s) due and payable in accordance with this Agreement, BPF reserves the right to cancel all other active Claims and commence Court proceedings for recovery of its Fee(s).
i. BPF reserves the right to charge for costs and expenses incurred in recovering unpaid Fees where an offer of Compensation is made from a Company to You.
j. That You are aware that You could complain directly to the Company at no cost, with the ability to take matters further with the FOS or Court.
4. BPF Fee(s)
a. When BPF undertakes the Claims Services and is not successful in obtaining Compensation then You owe BPF nothing, except where You cancel this Agreement in accordance with clause 5. If BPF carries out a Free PPI Check and no PPI is identified, then You owe BPF nothing.
b. When BPF undertakes the Claims Services, in accordance with clause 1(b)(ii), and is successful in obtaining Compensation then You owe BPF 20% of the Compensation. This means, for example: if BPF succeeds in obtaining Compensation of £1,000, the Fee(s) would be £200. You would receive £800. If BPF succeeds in obtaining Compensation of £3,000, the Fee(s) would be £600, You would receive £2,400. If Compensation of £10,000 is received, the Fee(s) would be £2,000, You would receive £8,000 c. BPF will invoice You for the Fee(s) which will become immediately payable by You to BPF from the date You receive Your Compensation. You agree that the Company is entitled to remit the Compensation to BPF and that BPF shall deduct the Fee(s) before paying the balance of the Compensation to You.
d. BPF will, following the settlement of Your Claim(s) and the payment of Compensation by the Company to BPF, pay You the balance of the Compensation, after deducting the Fee(s). For the avoidance of doubt, where You have more than one successful Claim against one or more Company, BPF may deduct from any Compensation paid, the Fee(s) payable in respect of each of the Claims from the Compensation received for any one of those Claims.
e. Fee(s) become due at the point that either BPF or You are informed of an offer of Compensation and payable from the date You receive Your Compensation. If the Company offers or pays Compensation to You directly, You agree to notify BPF immediately (and within 7 days at the latest) and to provide the details BPF needs to calculate Your Fee(s). For the avoidance of doubt, should You reject a reasonable offer of Compensation and/or refuse to sign a Company’s Acceptance/Settlement Form, Your Fee(s) remains due and payable on the sum offered.
f. Compensation may be used by a Company to reduce any outstanding debt You owe them and You understand that BPF’s Fee(s) of 20% will be payable to BPF based on the total amount of calculated Compensation even if the Company does not pay the whole sum of the Compensation to You.
g. If Compensation is paid directly by the Company to an Insolvency Practitioner or the Official Receiver, and You do not receive any Compensation, You will not be liable for our Fee(s). Our Fee(s) will only be payable on any Compensation You receive.
h. If You fail to pay the Fee(s) due and payable in accordance with this Agreement, BPF reserves the right to cancel all other active Claims and commence Court proceedings for recovery of its Fee(s).
i. BPF reserves the right to charge for costs and expenses incurred in recovering unpaid Fees where an offer of Compensation is made from a Company to You.
j. That You are aware that You could complain directly to the Company at no cost, with the ability to take matters further with the FOS or Court.
5. Cancellation Rights and Charges
a. You may cancel Your Claim(s) at any time, up to 14 days from the date Your Claim(s) are submitted to the Company (“Cooling-off Period”), at no cost to You.
b. You may request to cancel either in writing, by telephone or via email, see clause 8(a) for contact details.
c. If You cancel Your Claim(s) within the Cooling-off Period You will owe BPF nothing, unless You or BPF have received a reasonable offer of Compensation within this period.
d. BPF may at its sole discretion decide not to proceed with a Claim(s) and cancel this Agreement at any time. BPF must act reasonably in taking such a decision and promptly notify You. You will owe BPF nothing.
e. If You cancel the Claim(s) at any time after the Cooling-off Period for any reason, BPF may impose a cancellation charge which will be reasonable and proportionate to the work done and the costs incurred by BPF, up to the point of cancellation. For substantiation and referral of Your Claim(s) to the Company or the FOS the charge is £25 for any/each manual communication e.g. an outgoing or incoming call/letter/email to or from either You or the Company. For any/each automated communication to You BPF will charge You £10.
f. If You cancel Your Claim(s) after an offer of reasonable Compensation is due to You, then BPF shall be entitled to issue You a cancellation charge equal to the Fee(s) that would be payable under clause 4 on the Compensation.
6. Your Personal Data
a. BPF takes the privacy of Your personal information seriously. BPF will only use the personal information You provide to Us as outlined both in this clause 6 and in our Privacy Policy which can be viewed at https://bluepandafinance.co.uk/privacy-policy/. BPF asks that you read our Privacy Policy carefully and, if required, a hard copy is available upon request. During the Claims Services Your personal information will be used to:- i) Provide the Claims Services (including Your personal information to third party organisations for the purposes of undertaking these Claims Services); ii) Tell You about similar products or services relating to financial claims, by email, SMS (text message), post and/or telephone, but You can opt out of receiving these, or a specific method of communication, at any time by contacting Us.
b. Otherwise than in relation to the Claims Services, BPF will only provide your personal information to third party organisations with your explicit consent, including to external solicitors to commence legal proceedings on Your behalf against the Company.
c. BPF will update You throughout the Claims Services by SMS (text message), email, telephone and/or post.
7. Disclaimer & Assignment
a. You acknowledge that any estimate of Compensation given to You is an estimate only. The success of Your Claim(s) depends on Your individual circumstances and merits of Your case.
b. BPF’s total liability to You in respect of all other losses arising under or in connection with this Agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the amount of any Compensation to which You are entitled for Your Claim(s) in connection to which BPF is liable unless those losses were foreseeable by both parties when the Agreement was signed.
c. Nothing in this Agreement shall limit or exclude BPF’s liability for: (i) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors; (ii) fraud or fraudulent misrepresentation; or (iii) breach of the terms implied by sections 49 to 52 of the Consumer Rights Act 2015.
d. BPF reserve the right to assign this Agreement and all rights under it and to subcontract to others all or any of our obligations under it. This Agreement is personal to You and is not assignable by You except to Your personal representatives.
8. Complaints and Governing Law
a. You can make a complaint about our service via BPF’s complaints procedure by email: complaint@bluepandafinance.co.uk, by telephone on 0161 914 5620 or by post to Blue Panda Finance, Suite 50, 792 Wilmslow Road, Manchester, M20 6UG.
b Should you remain unhappy you may refer your complaint to the Financial Ombudsman Service, by phone on 0300 555 0333 or by visiting www.financial-ombudsman.org.uk or post to: Financial Ombudsman Service, Exchange Tower, Harbour Exchange, London, E14 9SR.
c. Each party irrevocably agrees that any proceedings relating to any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Agreement or its subject matter or formation instituted against You by BPF shall be brought in the appropriate Court of Your country of residence, which will either be the Courts of England and Wales, Scotland or Northern Ireland and shall be governed and construed by the applicable law for the appropriate jurisdiction. Any such proceedings against BPF by You shall be governed by and construed in accordance with English law and the parties irrevocably submit to the jurisdiction of the Courts of England and Wales.
d. This Agreement and any dispute or claim(s) arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by and construed in accordance with English law and the parties irrevocably submit to the exclusive jurisdiction of the Courts of England and Wales.
Blue Panda Finance (BPF), Suite 50, 792 Wilmslow Road, Manchester, M20 6UG is registered in England (Company No.08668345) and is regulated by the Financial Conduct Authority in respect of regulated Claims Management Activities (FRN835515); its registration is recorded on the website www.register.fca.org.uk. This document sets out the Terms of Engagement on which BPF will supply the Claims Services to You and for the appointment of Blue Panda Finance to act on Your behalf in all aspects of the administration and negotiation of the Claim. By completing, signing and returning the Letter of Authority (LOA), You agree to be bound by these Terms of Engagement (“Agreement”)
1.Definitions
a. “Claim(s)” means Your Claim(s) against the Company or Companies relating to the mis-selling of a Packaged Bank Account (PBA) or the application of unfair/unlawful charges to Your credit or debit cards or any related account with that Company.
b. “Claims Services” means preparing, submitting and negotiating Your Claim(s) to the Company.
c. “Company” means the financial institution to whom the Letter of Authority is addressed, being the bank, building society, credit card, store card, loan, lender, insurer or other entity that provided the PBA policy and/or applied unfair/unlawful Charges.
d. “Compensation” means any sums paid or given in respect of a settlement, goodwill gesture, policy refund, rebate or overdraft, including any interest payments and associated charges. For the avoidance of doubt Compensation also includes any sums used to reduce any outstanding balances.
e. “Cooling off Period” means 14 days from the date the Claim(s) are submitted to the Company during which time You may cancel the Claim(s) free of charge.
f. “Fee(s)” means the amount You will have to pay to BPF for the Services, as set out in clause 3.
g. “Instruction” means Your Instruction to us to commence the Claims Services contained within these Terms. Your Instruction can be given once Your Letter of Authority is signed and returned to us.
h. “Letter of Authority” means the document to be sent to the Company containing Your authority and Instruction for BPF to act on Your behalf.
i. “FOS” means the Financial Ombudsman Service.
j.“FOS/PBA Questionnaire” means the forms that have been filled out using information You have given during the Claims Services process which may be used by BPF to refer Your Claim(s) to the Company and/or the Financial Ombudsman Service (FOS).
k. “BPF” means Blue Panda Finance, Company No. 08668345.
l. “Terms” means the Terms of Engagement (“Agreement”).
m. “You/Your” means the account/policy holder(s) whose details are set out in the Letter of Authority and who have appointed BPF to act on their behalf and also includes an Executor(s) of a Deceased Person’s Estate.
2. Claims Services
a. These are the Terms on which BPF agrees to provide the Claims Services and You agree both to be bound by them and to acknowledge them once we have received Your Instructions to proceed with Your Claim(s).
b. That You are aware that You could complain directly to the Company at no cost, with the ability to take matters further with the FOS or Court.
c. We will not process Your Claim(s) until we receive Your Instructions. By signing and returning the Letter of Authority You have provided Your Instruction and agree to be bound by this Agreement.
d. You will also be asked to complete a FOS/PBA Questionnaire to allow BPF to investigate the existence and merits of the Claim(s).
e. Once Your Instructions have been received BPF has the right to deal exclusively with the Claim(s), unless otherwise agreed in writing by You and BPF.
f. You understand that by completing and signing the Letter of Authority, You give BPF Your consent and full authority to deal with the Company on Your behalf and to obtain the relevant information from the Company.
g. You will ensure that any information provided is accurate and true to the best of Your knowledge.
h. Where we believe that a PBA policy may have been mis-sold to You, we will submit a detailed Claim to the Company and/or the FOS upon Your Instruction(s).
i. You will deal promptly with requests by BPF for authority, information, documents or further requests that BPF might make.
j. You will inform BPF promptly of any relevant matters affecting the Claim(s), such as direct contact from the Company.
k. BPF will use reasonable endeavours to obtain Compensation for the Claim(s) pursued.
l. BPF will promptly notify You if BPF decides not to pursue Your Claim(s) and cancel this Agreement under clause 4.
m. BPF will promptly notify You of the outcome of the Claim(s).
n. If the Claim(s) is successful for Compensation, the policy will be cancelled, and You are responsible for identifying a replacement policy if appropriate.
o. Your Compensation may be applied as part of Your bankruptcy estate, insolvency asset, or other debt arrangement and Your Compensation may not be paid directly to You.
p. Where interest is included as part of the Compensation it may be taxable depending on Your personal tax status and You understand that You are required to disclose this payment to HMRC.
q. BPF will not be liable to You whether in contract or tort for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by You and by us, such as loss of profits or loss of opportunity.
r. You will not be liable for any Fee(s) or charges if the Claim(s) is pursued and the Company pays no Compensation except where this Agreement is cancelled in accordance with clause 4, in which case a cancellation charge may be payable.
s. BPF reserve the right to assign this Agreement and all rights under it and to subcontract to others all or any of our obligations under it. This Agreement is personal to You and is not assignable by You except to Your personal representatives.
t. BPF’s total liability to You in respect of all other losses arising under or in connection with this Agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the amount of any Compensation to which You are entitled for the Claim(s) in connection to which BPF is liable unless those losses were foreseeable by both parties when the Agreement was signed.
u. Nothing in this Agreement shall limit or exclude BPF’s liability for: (i) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors; (ii) fraud or fraudulent misrepresentation; or (iii) breach of the terms implied by sections 49 to 52 of the Consumer Rights Act 2015.
3. BPF Fee(s)
a. If BPF undertakes the Claims Services and is not successful in obtaining Compensation then You owe BPF nothing.
b. If BPF is successful in obtaining Compensation then You owe BPF 25% plus VAT of the Compensation. This means, for example: if BPF succeeds in obtaining Compensation of £1,000, the Fee(s) would be £300. You would receive £700. If BPF succeeds in obtaining Compensation of £3,000, the Fee(s) would be £900, You would receive £2100. If Compensation of £10,000 is received, the Fee(s) would be £3,000, You would receive £7,000
c. You agree that the Company is entitled to remit the Compensation to BPF and that BPF shall deduct the Fee(s) before paying the balance of the Compensation to You.
d. BPF will, as soon as is reasonably practicable following the settlement of a Claim(s) and the payment of Compensation by the Company to BPF, pay You the balance of the Compensation, after deducting the Fee(s). For the avoidance of doubt where You have more than one successful Claim against one or more than one Company, BPF may deduct from any Compensation paid the Fee(s) payable in respect of each of the Claims from the Compensation received for any one of those Claims.
e. Fee(s) become due at the point that either BPF or You are informed of an offer of Compensation and payable from the date You receive Your Compensation. If the Company offers or pays Compensation to You directly, You agree to notify BPF immediately (and within 7 days at the latest) and to provide the details BPF needs to calculate the Fee(s). For the avoidance of doubt, should You reject a reasonable offer of Compensation and/or refuse to sign a Company’s Acceptance/Settlement Form, the Fee(s) remains due and payable on the sum offered.
f. Compensation may be used by a Company to reduce any outstanding debt You owe them and You understand that BPF’s Fee(s) of 25% plus VAT will be payable to BPF based on the total amount of calculated Compensation even if the Company does not pay the whole sum of the Compensation to You.
g. BPF will invoice You for the Fee(s) which will become immediately payable by You to BPF from the date You receive Your Compensation.
h. If Compensation is paid directly by the Company to an Insolvency Practitioner or the Official Receiver, and You do not receive any Compensation, You will not be liable for our Fee(s).
i. If You fail to pay the Fee(s) due and payable in accordance with these Terms, we reserve the right to cancel all other active Claims.
j. We reserve the right to charge for costs and expenses incurred in recovering unpaid Fees and VAT where an offer of Compensation is made from a Company to You.
k. These Terms of Engagement shall continue to operate until all Claims where a Fee(s) is payable have been settled.
4. Cancellation Rights and Charges
a. You may cancel Your Claim(s) at any time after BPF has received Your Instructions by either using the cancellation form or You may request cancellation in writing, by telephone or via email, see clause 7a. for contact details.
b. If You cancel Your Claim(s) within the Cooling off Period You will owe BPF nothing, unless You or BPF have received a reasonable offer of Compensation within this period.
c. BPF may at its sole discretion decide not to proceed with a Claim and cancel this Claim at any time, but BPF must act reasonably in taking such a decision and You will owe BPF nothing.
d. If You cancel the Claim(s) at any time after the Cooling off Period for any reason, BPF may charge a cancellation charge which will be reasonable and proportionate to the work done and the costs incurred by BPF up to the point of cancellation. For any/each manual communication e.g. an outgoing or incoming call/letter or email to or from either You or the Company we will charge You £25. For any/each automated communication to You e.g. letter, SMS or email we will charge You £10.
e. If You cancel Your Claim(s) after an offer of reasonable Compensation is due to You, then BPF shall be entitled to charge You a cancellation charge equal to the Fee(s) that would be payable under clause 3 on the Compensation.
5. Your Personal Data
a. BPF takes the privacy of Your personal information seriously. BPF will only use the personal information You provide to Us as outlined both in this clause 5 and in our Privacy Policy which can be viewed at https://bluepandafinance.co.uk/privacy-policy/. BPF asks that you read our Privacy Policy carefully and, if required, a hard copy is available upon request. During the Claims Services process Your personal information will be used to :- i) Provide the Claims Services; ii) Tell You about similar products or services relating to financial claims, by email, SMS (text message), post and/or telephone, but You can opt out of receiving these, or a specific method of communication, at any time by contacting Us.
b. BPF will only provide Your personal information to a third-party organisation, with your explicit consent, except for the purposes of providing the Claim Services.
c. We will update You throughout Your Claim(s) by text, email and/or post.
6. Disclaimer
You acknowledge that any estimate of Compensation given to You is an estimate only. Your Claim(s) depends on the individual circumstances and merits of Your case. You confirm that You have not entered this Agreement in reliance on an estimate given to You by BPF.
7. Complaints and Governing Law
a. You can make a complaint about our service via BPF’s internal complaints procedure by email: complaint@bluepandafinance.co.uk, by telephone on 0161 914 5620 or by post to Blue Panda Finance, Suite 50, 792 Wilmslow Road, Manchester, M20 6UG.
b. Should you remain unhappy you may refer your complaint to the Financial Ombudsman Service, by phone on 0300 555 0333 or by visiting www.financial-ombudsman.org.uk or post to: Financial Ombudsman Service, Exchange Tower, Harbour Exchange, London, E14 9SR.
c. Each party irrevocably agrees that any proceedings relating to any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Agreement or its subject matter or formation instituted against You by BPF shall be brought in the appropriate court of Your country of domicile, which will either be the courts of England and Wales, Scotland or Northern Ireland and shall be governed and construed by the applicable law for the appropriate jurisdiction. Any such proceedings against BPF by You shall be governed by and construed in accordance with English law and the parties irrevocably submit to the jurisdiction of the courts of England and Wales.
1.Parties: Blue Panda Finance (BPF), Suite 50, 792 Wilmslow Road, Manchester, M20 6UG is registered in England (Company No.08668345) and is regulated by the Financial Conduct Authority in respect of regulated Claims Management Activities (FRN835515); its registration is recorded on the website www.register.fca.org.uk.Blue Panda Finance Ltd is registered with the Information Commissioners Office for Data Protection purposes with registration number ZA231443.This agreement is formed between Blue Panda Finance and You as the Client.
2. Purpose: When signed this Terms of Business will form a contractual agreement between the parties detailed in Section 1 whereby:
Blue Panda Finance will represent You in making a claim against the lender(s) who have previously provided You with Payday Loans or other High Cost Short Term Credit Loans that You believe may have been granted irresponsibly.
You will remunerate Blue Panda Finance for providing this service, on a No Win – No Fee basis as detailed in Section 8 of this agreement.
3. Making Your Claim: You instruct and authorise Us to make a claim on Your behalf, You agree to Us contacting the third parties that We need to in order to make and manage that claim. You agree to Us sharing with them the information You have provided to Us and also collecting and processing the information We receive from them. During the process We will need to make decisions on the best way to proceed and You give Your authority for Us to use Our skill and judgement to make such decisions on Your behalf including reaching a full and final settlement on Your behalf where We judge that to be the most appropriate conclusion. You hereby waive any rights to challenge that settlement with Us or with the lender at any time after payment has been made to You. You are aware that You could complain directly to the Company at no cost, with the ability to take matters further with the FOS or Court.
4. Your Obligations: a. During the claim You will be asked to provide Us information about You, Your circumstances and Your loans. You must ensure that this information is accurate and honest. Knowingly providing fraudulent or incorrect information at any time may jeopardise Your claim and will put You in breach of this agreement.
b. You will, at the start of the claim, provide Us with ALL documents, including those in electronic form such as emails or computer files, in Your possession that are relevant to the claim. (You will be asked to confirm this when signing this document)
c. You will provide Us with the information detailed in 6a. which We reasonably request from You in order to pursue the claim. This includes the completion of any form or questionnaire which We ask You to complete.
d. You will read any documentation that We, or the lender, sends You and retain these documents in Your safe keeping.
e. You will advise Us immediately of any changes to the details You have provided or if You realise that information previously provided has changed or contains errors.
f. Unless We specifically ask You to, once You have appointed Us, You will not communicate directly with the lender(s) with whom We are making Your claim with. This includes by email, telephone or post.
g. If correspondence from the lender is sent directly to You, You will notify Us of this within 7 days, unless We notify You that We have received this information too.
h. You authorise the lender to make payment of any compensation directly to Us. We will then deduct Our fee and forward the balance to You.
i. You agree, unless a legal or statutory requirement dictates otherwise, to receive all written communications from Us by email to the email address supplied by You. We may also use post to send such communications.
j. You will not, at any time throughout the term of this agreement, withdraw from any lender Our authority to act on Your behalf and/or work with them, without first cancelling this agreement in accordance with clause 9.
5. Our Obligations: a. We will manage Your claim with reasonable care and diligence to ensure that where there has been a case of irresponsible lending, We maximise the possibility of You getting what You are entitled to. Where it is advisable to accept a reduced full and final offer from the lender, we will write to You advising of the reasons for this and seeking Your approval.
b. We will assist You to fill in any necessary forms and where appropriate check the details You have provided, however We will NOT “coach” You on how to fill in these in in order to maximise the claim value where this would result in inaccurate information being entered. All answer, statements or declarations are Your responsibility.
c. We will keep You updated on the progress of Your claim as it progresses.
d. If We do not feel that the claim has sufficient merit to be continued We will advise You of this. We will then release this loan from this agreement to allow You to proceed with the claim yourself if You wish. (Please note, if We do this only that loan is released from this agreement – any other loans not notified under this clause will still be pursued by Us and a success, or cancellation, fee is payable.)
e. We have an obligation to ensure that We avoid any conflicts of interest. We therefore have the right to refuse to take on a claim, or where a claim has been started, terminate this agreement, if We suspect that this would be the case. We will provide details to You or why We are unable to continue with the claim.
6. Payment – No Win No Fee:
a. All claims are undertaken on a No Win – No Fee (NWNF) basis. Our normal fee will be 25% plus VAT of any compensation offered, this includes any refund of loan capital, interest, charges, and any amounts written off an outstanding debt as a result of the claim as well as any interest paid on the compensation amount.
b. If BPF is successful in obtaining Compensation, then You owe BPF 25% plus VAT of the Compensation. This means, for example: If BPF is successful in obtaining Compensation then You owe BPF 25% plus VAT of the Compensation. This means, for example: if BPF succeeds in obtaining Compensation of £1,000, the Fee(s) would be £300. You would receive £700. If BPF succeeds in obtaining Compensation of £3,000, the Fee(s) would be £900, You would receive £2100. If Compensation of £10,000 is received, the Fee(s) would be £3,000, You would receive £7,000. If Compensation of £1,000 is received but £500 is used by the Company to reduce Your outstanding balance the Fee(s) would be £300, therefore You would receive £200 (£500 less our Fee(s) of £300).
c. Where an offer of compensation includes amounts, which are written off of outstanding loan debts rather than a ‘cash in hand’ payment, Our fees are still payable. This may mean You may have to pay some, or all, of Our fees from other sources. Examples of how this may affect You are shown in the Pre-Contractual Information document – Section 3 “Non ‘Cash In Hand’ Compensation Awards”.
d. If We are representing You on multiple claims, either with the same lender or across multiple different lender, We reserve the right to pay our fees owed by You on one claim with ‘cash in hand’ received from another.
e. You authorise the lenders to pay all compensation due to You directly to Us. We will then deduct Our fees and forward the balance to You within 48 business hours.
f. Where a compensation payment is made directly to You by the lender, You must notify Us within 14 days. We will provide You with an invoice which must be paid within 14 working days of receipt. Should You fail to pay this invoice will within the set timescales, Blue Panda Finance reserves the right to commence court proceedings to recover the debt, court costs and any other associated costs incurred by Blue Panda Finance in the pursuit of recovering the debt.
g. Should You be unwilling to disclose the amount of redress offered by the lender in order that Blue Panda Finance can calculate the appropriate 25% plus VAT success fee, Blue Panda Finance reserves the right to charge a fee based on an “average offer of redress”. This will be calculated as an average across all successful claims during the previous 12-month period.
7. Cancellations: You have a 14 day ‘cooling off’ period from the day that You sign this agreement in which to cancel it without charge. If You choose to do this then:
a. We will cease all work on Your claim(s)
b. We will notify all of the lenders that We have made contact with that We are no longer managing Your claim.
c. We will not make any charges to You for the work already undertaken.
d. If the 14 day ‘cooling off’ period has passed You can still cancel the agreement at any stage, but will be liable to pay the following:
i. If the contract is cancelled AFTER the ‘cooling off’ period but BEFORE a compensation offer is received, then We will charge a fee of £150 plus VAT for each case to cover the cost of work undertaken up until that point.
ii. If the contract is cancelled AFTER a compensation offer is received, then the success fee of 25% plus VAT is payable.
e. If You have multiple claims under this contract and some are in state i) and some are in state ii), each cancellation fee will be calculated according to current state at the point You notify Your intention to cancel.
f. Payment of cancellation fees is due within 14 days of Us invoicing You for the cancellation fee. The notice of cancellation can be sent by post or emailed to cancel@bluepandafinance.co.uk. A cancellation request can also be made via telephone on 0161 914 5620 The notice of cancellation can be sent by post or emailed to cancel@bluepandafinance.co.uk. A cancellation request can also be made via telephone on 0161 914 5620.
8. Breaching this Agreement: If you breach any clause in this agreement the following will apply:
We will notify You of what You have done to cause the breach and what needs to be done by You to fix it. We will give You a period of 14 days to carry out the actions needed in order to resolve it. If this is not going to be possible You must contact us so that We can agree a mutually suitable plan to allow Us to continue to represent you under this agreement.
If You fail to resolve the breach within the period specified above We will deem this to be a cancellation of the agreement and as such cancellation fees will be payable in accordance with clause 9 of this agreement.
9. Complaints: You can make a complaint about our service via BPF’s internal complaints procedure by email: complaint@bluepandafinance.co.uk, by telephone on 0161 914 5620 or by post to Blue Panda Finance, Suite 50, 792 Wilmslow Road, Manchester, M20 6UG. Should you remain unhappy you may refer your complaint to the Financial Ombudsman Service, by phone on 0300 555 0333 or by visiting www.financial-ombudsman.org.uk or post to: Financial Ombudsman Service, Exchange Tower, Harbour Exchange, London, E14 9SR.
10. Your Personal Data:
a. BPF takes the privacy of Your personal information seriously. BPF will only use the personal information You provide to Us as outlined both in this clause 5 and in our Privacy Policy which can be viewed at https://bluepandafinance.co.uk/privacy-policy/. BPF asks that you read our Privacy Policy carefully and, if required, a hard copy is available upon request. During the Claims Services process Your personal information will be used to :- i) Provide the Claims Services; ii) Tell You about similar products or services relating to financial claims, by email, SMS (text message), post and/or telephone, but You can opt out of receiving these, or a specific method of communication, at any time by contacting Us.
b. BPF will only provide Your personal information to a third-party organisation, with your explicit consent, except for the purposes of providing the Claim Services.
c. We will update You throughout Your Claim(s) by text, email and/or post.
11. Limitations of Liability: We shall not be liable for any costs or losses caused to You as a result of:
a. Delays caused by You in providing information or documentation requested by Us.
b. Delays in the transmission or delivery of information or documentation caused by email service providers or the postal service.
c. Claims settlement amounts later found to be lower than the maximum achievable.
d. Failure of information or documentation sent between You and Us to arrive with the other party. Any other matter which is outside of Our control.
Before You sign this agreement, You must read the terms carefully. You must also read our Pre-Contractual Information document. If there is anything that You do not understand in either document, you must ask Us for additional information or clarification before You sign this agreement. You must also carefully read the Privacy Policy as displayed on Our website (http://www.bluepandafinance.co.uk/privacy). This contains details of what We will do with your data, the consents You are giving by entering this agreement, and also Your rights under the Data Protection Act. If You do not understand any part of this document, you must ask Us for additional information or clarification before You sign the agreement. By signing this agreement, You agree to Your personal data being stored and processed in accordance with this policy.
I confirm that I have given Blue Panda Finance all documentation, including that in electronic form, that I know about which is relevant to the claim.