We would like to welcome you to Heirloom Fair Legal (a trading style of FD Law Limited, an SRA regulated law firm with SRA number 632067). Thank you for instructing us to act on your behalf to work to recover money for you from the redress scheme that is expected to be announced by the Financial Conduct Authority (“FCA”) in respect of Motor Vehicle Financings (including Hire Purchase, Personal Contract Plan or Lease Financing Agreements) taken out by you.

We are experts in pursuing these claims, which we aim to do in a clear, efficient, and fair manner. Attached to this letter are critical documents detailing how our relationship will work, including the terms of business and how much you will be charged.

Importantly, we have assumed here that you wish to fund our fees via a “no win no fee” agreement (a Conditional Fee Agreement), which is how most clients prefer to operate. If you wish to pay for our services by paying a fixed fee upfront of £150 per claim (defendant/lender, not per financing agreement), we would be happy to accommodate this; please note this will require a separate set of documents. Similarly, if the FCA does not announce a redress scheme, your best recourse may be to lodge a claim in court, which will require different terms which will replace these.

The FCA has announced a possible application fee for claimants, which would be a “Disbursement” that you would be responsible for paying. If it is adopted, this is expected to be £250 per claim. You may pay this directly, or we expect to be able to offer you non-recourse (i.e. not repayable if you do not win your claim) funding to pay this on your behalf, though this will have a separate cost (expected to be a deduction of £350 per successful claim, though £175 of this may be collected back from the redress scheme). We would never bind you to any agreement without your explicit consent, so we will reach out to you for your consideration once the FCA announces the terms of the redress scheme.

Please be aware that it is expected that you will not need to engage us, or any representative, in order to access the redress scheme that the FCA is expected to announce. If you represent yourself, the fees you pay would be lower than if you engaged us. However, we aim to deliver you value above and beyond our fee, both by managing the administrative burden and by potentially obtaining a larger amount of compensation for you.

By signing this letter below you are agreeing to our Terms and Conditions of Business and Conditional Fee Agreement (otherwise known as a “No Win No Fee Agreement”), both attached below. You are also agreeing to provide us authority to act on your behalf to obtain information related to your finance agreements, also detailed below.

Additionally, by signing this letter, you are making certain representations, which if untruthful or violated by you in the future, may result in you becoming responsible for our costs, as detailed below.

We look forward to working with you and helping you to access the justice that you deserve. If you have any questions at any time, please feel free to e-mail us on mypcpclaim@fairlegal.com or phone us on 0161.518.4966. Please note that you have 14 days to retract your agreement should you change your mind.

Yours faithfully,

Darren Shaw

Head of Financial Mis-Selling

Heirloom Fair Legal

ACCEPTANCE OF TERMS, DECLARATION OF TRUTH AND PROVISION OF CONSENT

I, [CLIENT NAME], confirm that I have read, understood and accept the terms of business as set out by Heirloom Fair Legal (a trading style of FD Law Limited) in the attached Conditional Fee Agreement, to which the Law Society Conditions (as amended) have been appended.

In particular, I understand and accept that:

Heirloom Fair Legal will charge me based on the higher of:

the amount recovered by Heirloom Fair Legal from a third party as contribution to my legal costs, or

an amount based on time spent by different Heirloom Fair Legal personnel multiplied by their hourly rate (as detailed below).

By undertaking my claim on a conditional fee basis, Heirloom Fair Legal will charge me a Success Fee, equal to the amount of the fee calculated in #1 above.

The amounts payable in #1 and #2 above will be charged only if my claim is successful, and will be capped based on the Fee Cap table below.

I am responsible for paying any Disbursements, being expenses related to my claim other than fees to Heirloom Fair Legal. The only potential disbursement currently foreseen is a possible £250 application fee that the FCA is considering charging for claimants to file a claim with the Financial Ombudsman Service, however, this may change. Heirloom Fair Legal expects to provide me an option to fund this on a non-recourse basis to me should such a fee become payable though this is not guaranteed.

I am responsible for paying Value Added Tax on any amounts owing from #s 1 through 4 above.

I declare the following to be true, undertake to maintain these to be true, and agree to notify Heirloom Fair Legal immediately if any of these cease to be true:

I used all vehicles covered by my claims for personal and not commercial use;

The information that I have and will provide to you or to the operator of any redress scheme will be, to the best of my knowledge, truthful in all material respects;

I will co-operate with you reasonably in the pursuit of my claims; and

I have not and will not engage any other representative (law firm or claims management company) to represent me in respect of these claims.

I provide you with the following authorities and consents:

You may communicate with me either by email or by phone if I have provided these to you, unless I request in writing for you to not use any such method to contact me.

You may communicate with third parties whom you reasonably believe may be able to assist in providing you with information and/or documents on my behalf in respect the claims for which you are representing me. This may include personal data held by the third party and accessed under a subject access request under UK GDPR or the Data Protection Act 2018 (as may be amended).

You may provide my personal data, information, or documents (including this letter), to third parties as per #2 above, in the minimum amount reasonably required for them to identify me, and your authority to act on my behalf, for the purposes of complying with #2 above.

You may hold any personal data received by you for a maximum of six years from the date of receipt should you believe that this is necessary for pursuit of my claim or to undertake your legal or regulatory responsibilities in respect of maintenance of client data.

By signing this document, I understand that I am agreeing to the items above and have had the opportunity to read the Conditional Fee Agreement, and the Law Society Conditions.

[SIGNATURE HERE] + [Date]

COMMERCIAL TERMS OF REPRESENTATION

Please be aware that it is possible for you to bring a claim yourself through the Courts without the benefit of legal representation. Similarly, the Financial Ombudsman Service (“FOS”) was established with the aim of making it easier than the Courts for claimants to make claims or complaints without the need of representation or advisors. By bringing a claim yourself, you would not incur the costs that would be owing to Heirloom Fair Legal, and you would thus be able to recover the entire amount of your award. By instructing us, you will incur higher costs than you would have if you represent yourself, though we aim to add more value than our fee by handling the administrative burden of lodging your claim and by seeking to earn you a greater redress award with a higher probability of success than you would be able to earn yourself.

Funding Your Claim

There are a variety of ways your claim can be funded. We offer two options of paying for our services through the expected redress scheme.

Heirloom Fair Legal’s Fees - Fixed Fee / Private Pay

Under a Fixed Fee arrangement, we will charge you £150 per defendant/lender. This may include multiple financing agreements with the same defendant/lender. This amount will be payable within 14 days of signature of an Engagement Letter, and will not be refundable if the claim is not successful. However, there is also no additional amounts that will be payable to us in the event that the claim is successful.

Heirloom Fair Legal’s Fees – Conditional Fee Agreement

Under a Conditional Fee Agreement, we will charge you only if your claim is successful.

Our Basic Fee will be based upon the number of hours worked by our personnel, multiplied by an hourly fee rate based on the following table:

Under this model, all routine letters, and e-mails sent-out and received-in by us and all telephone calls made and received by us which are not sufficiently long to be charged on a time spent basis will be charged at one tenth of the hourly rate.

In addition, if your claim is successful, we will charge a Success Fee in an additional amount equal to the Basic Fee as detailed above. This to compensate us for the risk of not being paid should the claim not be successful.

Should we manage to recover any costs from the defendant/lender, then our fees will be equal to the greater of the amount recovered and the Basic Fee plus the Success Fee.

However, under this model of charging, the amount deducted to pay our fee from the award received by you from the defendant/lender is capped (at the lower of the % of the award received and the fixed amount of charge) based on the following table:

In addition to the amounts payable above, you will be responsible for Value Added Tax (currently at a rate of 20%), and any Disbursements that are payable. Disbursements are payments for expenses that we may make on your behalf. If your claim is successful, we will attempt to recover any Disbursements paid, but there is no guarantee that this will be the case.

Please note that other solicitor firms may charge in different ways. This could result in higher or lower charges, depending upon the firm and the model under which they charge. For example, a Damages Based Agreement may deduct an amount from your redress award regardless of how much or how little work has been done on the file. We do not offer such agreements for your claim type as these typically, though not always, result in higher charges as compared to a Conditional Fee Agreement.

Disbursements

At present, there are expected to be no Disbursements owing in relation to a Motor Vehicle Finance Claim pursued through a Redress Scheme. However, the Financial Conduct Authority has requested comment on a possible introduction of a £250 per claim fee to apply to the Financial Ombudsman Service. If such an application fee, or any other Disbursements, are incurred on your behalf, you will be responsible for reimbursing us for them, whether your claim is successful or not.

We expect to offer you a non-recourse, meaning repayable by you only if your claim is successful, financing option to fund any Disbursements. We expect that such an offer would cost you nothing in the event that your claim is unsuccessful, but would cost you £350 if your claim was successful. The FCA has considered rebating £175 of the £250 FOS application fee if it introduces such a fee, in which case the deduction from your award would be only £175. Please note that this financing option may be made by a party related to Heirloom Fair Legal. Before incurring any Disbursements, we would detail them to you and any potential options for funding them. In no event would we bind you to an agreement without your explicit consent.

Additional Amounts Payable By You

Under the following circumstances, you may become liable for payment to us of our Basic Fee and Success Fee, which are not subject to your claim being successful or any fee cap. Such circumstances are:

If you fail to co-operate with us in the conduct of your case;

If you provide misleading information to us, any redress scheme (e.g. FOS), or to the courts;

If you reject our advice in respect of taking a redress award or settlement;

If you engage another solicitor firm to act on your behalf;

If you end this agreement before your claim is concluded; or

If you lie or exaggerate any part of your claim.

Sample Calculations

The below table shows sample calculations of the total expenses to you assuming either a £3,500 claim award or a nil claim award and how your net costs will compare using our different charging models. This assumes that there is a FOS fee and that you fund it yourself versus using a third party funder.

Options to Recover Costs

There may be some avenues for you to recover some of the costs you incur in bringing about your claim. Public Funding, which used to be known as Legal Aid, is not currently available to fund claims like yours.

You may have Before-The-Event Legal Expenses Insurance in places such as your household/building and contents and insurance policies, or as part of your terms with the means through which you paid amounts under your financing agreements (such as credit cards or bank payments). We believe it would be unusual for such policies to cover costs for claims like yours, but you must check your policies to be sure. If you engage us, we can review any such policies for you.

If you or your partner are a member of a Trade Union, you may be entitled to legal assistance from them. You must check this with them if you think this might apply to you. Depending on the type of scheme, it may be less expensive for you to bring your claim via your Trade Union, which is likely to appoint its own preferred lawyers.

Where a complaint is successfully made to the FOS, we will also ask them to make an award in your favour in respect of your legal costs (pursuant to the Financial Ombudsman Service’s Rules DISP 3.7.9, 3.7.10 and 3.7.11). It is rare that the FOS awards costs. Where a claim to the FOS is successful, the normal award is for the money you have lost and sometimes interest only.

Invoices

If you are liable to make payment to us, either for our Fixed Fee, Basic Fee, Success Fee or a Disbursement reimbursement, then we will send you an invoice. Except for the Fixed Fee, this will usually only happen at the end of the case once you have received any money, but we reserve the right to do so earlier at an appropriate point. Examples of the circumstances when this may happen can be found in the Law Society Conditions (as amended) document attached. Also, earlier billing may occur if our agreement with you comes to an end earlier (see the Section ‘What happens when this agreement ends before your claim ends?’ in the Law Society Conditions (as amended) document).

Any such invoice will set out the total amount and the method of calculation of our Fees or Disbursements for either the entirety of the work we have done or for any relevant period that work covers, together with any Fee Cap or limitation we have agreed with you. We will give credit for any sums received from elsewhere. However, you must pay the net sum due shown on the invoice. Unless we expressly state to the contrary at the time, any invoice we render to you will be a full and final invoice for the period it covers.

In the absence of receiving any objection or challenge from you to an invoice within one month of its delivery, that invoice will be deemed agreed by you and the sums invoiced will be deemed accepted as reflecting our reasonable fees.

You may have certain rights to seek an independent review by a Court of any invoice. The rules relating to such an assessment are set out in Section 70 of the Solicitors Act 1974 and we would be

happy to answer any reasonable enquiries you may have in that regard. Unless we expressly state to the contrary at the time, your time for seeking such a review will start on the date of delivery of any invoice to you.

Our invoices are due and payable within one month from their delivery. We reserve the right to charge

interest at 4% per annum on any outstanding sums. We shall be entitled to retain a sufficient element of any money received on your behalf to cover the net sum due under any such invoice.

We will not invoice you in relation to any insurance premium or any third party funding. The premium for any such insurance or any funding is payable by you directly to the insurer/funder.

It may be that you will receive an interim payment in respect of your claim. If you do, we will, at our discretion, retain up to 35% of the sum received in our client account until the conclusion of your claim, to cover any unrecovered Fees or Disbursements together with any additional sums payable by you out of any money you recover.

Please note, there are quite tight time limits from the date of delivery of any invoice relating to any such assessment and if they are not complied with, any right to such an assessment may be lost. But, in summary, those time limits are as follows:

For one month after its delivery there is an unconditional right to have an invoice assessed and, if this right is exercised, no action can be commenced on the invoice until that assessment has been completed.

You have a right, until 12 months have passed from delivery of the invoice, to apply to the court for an assessment, which it may order on such terms as it thinks fit. After 12 months have passed, no order for assessment shall be made unless there are “special circumstances”.

A different regime applies, however, if there has been “payment” of the invoice. In those circumstances, if an assessment is sought after the initial one month period but before the expiry of 12 months from payment of the invoice, no order for assessment shall be made unless there are “special circumstances”. After 12 months have expired from payment, no assessment can be made (see section 70(4) of the 1974 Act). In this regard, as we have said above, but will repeat here, you will be invited to accept and/or agree any invoice we deliver within one month from its delivery.

However, in the absence of receiving any objection or challenge from you, to an invoice we have delivered to you, within one month after its delivery, that invoice will be deemed agreed by you, the sums invoiced will be deemed accepted by you as reflecting our reasonable fees and that your ability to have that invoice independently reviewed and assessed by a Court may become limited as a result. You may have a separate right to complain to the Legal Ombudsman and you should note that the Legal Ombudsman may not consider a complaint about a bill if you have applied to the Court for assessment of the bill.

If you are liable to pay any insurance premium, you would not be able to have any insurance premium assessed since your liability for the premium arises directly from the insurance contract between you and the insurer. You may have separate rights under that contract or through the Financial Ombudsman Service in relation to the premium.

By instructing us, you agree and acknowledge that certain items of costs, such as the Fixed Fee, the Basic Fee, the Success Fee, and any unrecovered Disbursements remain payable by you even though they may not have been recovered/be capable of recovery from elsewhere and, by agreeing to the terms herein, you confirm your express agreement to the hourly rates, Basic Fee and the Success Fee as set out in this agreement.

Working Together

To understand how we handle your personal data, you can access our Privacy Policy via the following link: https://heirloomfairlegal.com/privacy-policy .

If you wish to instruct us, we ask you to confirm this, by signing the ‘Acceptance of Terms, Declaration of Truth and Provision of Consent’ document attached. The default is to sign this digitally, however if you wish to have a physical copy, please let us know and we will print and post you one for you to return in a pre-paid envelope.

If you are contacted by another firm of solicitors or a third party, please tell them that you have already appointed Heirloom Fair Legal to act on your behalf. You can only appoint one firm to act for you, and any contact from a third party may lead to an attempt to resolve your claim for less than it is worth.

Most important, we ask that we be honest with each other. If you are inaccurate, exaggerate or knowingly provide any false information, you may become liable for our costs and are likely to have your claim thrown out. This may happen even if your claim has become successful if it is determined later that you made misrepresentations.

We intend to pursue your claim through a redress scheme expected to be announced by the Financial Conduct Authority. This could be through the Financial Ombudsman Service or it could be through another process established by the FCA. Should we believe it to be in your best interests to pursue your claim through the Courts, we will discuss this with you as it has implications to your costs, risks, potential awards and the timeline of processing your claim.

We have not met with you, so the Consumer Contracts (Information, Cancellation and Additional Charges Regulations 2013) apply. This means you have the right to cancel your instructions to us within 14 days of receiving this letter. You can cancel your instructions by contacting us by post or email to this office. You do not need to give a reason for cancelling your instructions although you must state clearly that you are doing so. Unless you instruct us to start work on your claim immediately (i.e. within the cancellation period), you will not be charged if you cancel this agreement. Enclosed is a notice of your right to cancel together with a cancellation form.

We will be in touch again within the next few days to request details of all aspects of your claim. If you have not been contacted within 7 days, then please telephone us on the number set out below.

Yours faithfully,

Darren Shaw

Head of Financial Mis-Selling

Heirloom Fair Legal

Direct Line: 0161 518 4966

Email Address: mypcpclaim@fairlegal.com

CONDITIONS BASED ON THE LAW SOCIETY CONDITIONS

These conditions are based on the standard Law Society Conditions. They have been amended where appropriate to reflect the specific terms agreed with you. They should be read in conjunction with the Letter of Engagement. The Letter of Engagement and these Conditions Based on the Law Society Conditions (as amended) together form the Conditional Fee Agreement (CFA) between us.

Please note that where there is any difference between this document and the Commercial Terms of Representation, the latter will apply.

1. Our responsibilities

We must:

1.1. always act in your best interests, subject to our duty to the court;

1.2. explain to you the risks and benefits of taking any legal, or any other action;

1.3. give you our best advice about whether to accept any offer of settlement; and

1.4. give you the best information possible about the likely costs of your case.

2. Your responsibilities

You must:

2.1. give us instructions that allow us to do our work properly;

2.2. not ask us to work in an improper or unreasonable way;

2.3. not deliberately mislead us;

2.4. co-operate with us; and

2.5. go to any appointment or court hearing.

3. What do I pay if I win?

3.1 If you win your case, you must pay:

(a) Heirloom Fair Legal’s Fees, being:

i) Our Fixed Fee or,

ii) Our Basic Fee and our Success Fee, subject to the Fee Cap; and

(b) The Disbursements.

3.2. Any amounts recovered by us on your behalf will be deducted from any such amounts owing.

3.3. If you receive an interim award, we may require you to pay the Disbursements at that point as well as a reasonable amount for potential future Disbursements.

3.4. If you receive provisional damages, we are entitled to payment of our Basic Fee, our Disbursements and our Success Fee at that point.

4. What do I pay if I lose?

4.1. If you lose your case or your case is unsuccessful in whole or in part, you will be responsible for paying:

(a) Heirloom Fair Legal’s Fixed Fees; plus

(b) The Disbursements; plus

(c) Heirloom Fair Legal’s costs, in the event that you violated the Specific Conditions, including but not limited to being untruthful, instructing multiple representatives for the same claim, or not cooperating reasonably with the pursuit of your claim.

For claims not pursued in the Courts, it is not expected that you would become responsible for any costs or expenses (such as opponent’s costs) outside of those detailed above.

5. Dealing with costs if you win

5.1. See the terms of the Conditional Fee Agreement.

5.2. You agree to pay into a designated account any cheque received by you or by us from a third party and made payable to you.

5.3. Out of the money received, you agree to let us deduct any payable balance to Heirloom Fair Legal for Fixed Fees, Basic Fees, Success Fees, Disbursements and VAT. In addition, you authorise us to pay any third party funding you are responsible for and any premium for any ATE insurance policy you have taken out to the funder/ insurer out of such monies, on your behalf.

5.4. You take the rest.

5.5. We are allowed to keep any interest your opponent pays on the charges.

5.6. If your opponent does not pay any damages or charges or costs owed to you, we have the right to take recovery action in your name to enforce a judgment, order or Agreement. The charges or costs of this action become part of the Basic Fees.

6. Payment for advocacy

Generally

6.1. The cost of advocacy and any other work by us, or by any solicitor agent on our behalf, forms part of our Basic Fees. We shall discuss with you the identity of any barrister instructed, and the arrangements made for payment.

Barristers who have a conditional fee Agreement with us

6.2. If you win, you may be entitled to recover their fee from a third party, but not their Success Fee. The barrister’s Success Fee is shown in the separate conditional fee Agreement we make with the barrister. You must pay the barrister’s Success Fee shown in the separate Conditional Fee Agreement we make with the barrister (subject to the limits on Success Fees as set out below under the section ‘Limit on the amount of Success Fee.’). We will discuss the barrister’s Success Fee with you before we instruct him or her. If you lose, you pay the barrister nothing.

Barristers who do not have a conditional fee Agreement with us

6.3. If you win, then you may be entitled to recover all or part of their fee from your opponent. To the extent they are not recovered then you must pay them. If you lose, then you must pay their fee.

7. What happens when this Agreement ends before your complaint ends?

7.1. Paying us if you end this Agreement

You can end the Agreement at any time. We then have the right to decide whether you must:

(i) pay our Basic Fee and our Disbursements including barristers’ fees but not the Success Fee when we ask for them; or

(ii)pay our Basic Fee, and our Disbursements including barristers’ fees and Success Fees if you go on to win your case.

7.2. Paying us if we end this Agreement

7.2.1 We can end this Agreement if you do not keep to your responsibilities. We then have the right to decide whether you must:

(i) pay our Basic Fee and our Disbursements including barristers’ fees but not the Success Fee when we ask for them; or

(ii) pay our Basic Fee and our Disbursements including barristers’ fees and Success Fees if you go on to win your case.

7.2.2 We can end this Agreement if we believe you are unlikely to win. If this happens, you will only have to pay our Disbursements. These will include barristers’ fees if the barrister does not have a conditional fee Agreement with us.

7.2.3. We can end this Agreement if you reject our opinion about making a settlement. You must then:

(i) pay the Basic Fee and our Disbursements, including barristers’ fees; and

(ii) pay the Success Fee if you go on to win your case.

If you ask us to get a second opinion from a specialist solicitor outside our firm, we will do so. You must pay the cost of a second opinion.

7.2.4. We can end this Agreement if you do not pay your insurance premium when asked to do so.

7.3. Death

7.3.1. If you die before your case is concluded we can recover our Basic Fee from your estate. If your personal representatives wish to continue your case we may offer them a new conditional fee Agreement.

8. What happens after this Agreement ends

8.1. After this Agreement ends, we may apply to have our name removed from the record of any court proceedings in which we are acting unless you have another form of funding and ask us to work for you.

8.2. We have the right to preserve our lien unless another solicitor working for you undertakes to pay us what we are owed including a Success Fee if you win.

9. Billing you for our costs

9.1. You will be invited to accept and/or agree any invoice we deliver within one month from its delivery. However, in the absence of receiving any objection or challenge, to an invoice we have delivered to you, within one month after its delivery, that invoice will be deemed agreed by you and the sums invoiced will be deemed accepted as reflecting our reasonable fees.

9.2. If you are liable to pay our Basic Fee, our Success Fee and/or our Disbursements, then we will send you an invoice. This will usually only happen at the end of the case once you have received any money, but we reserve the right to do so earlier at an appropriate point. Examples of the circumstances when this may happen can be found above at paragraph (3). Also, earlier billing may occur if our Agreement with you comes to an end earlier (see paragraph (7) above)).

9.3. Any such invoice will set out the total amount of our Basic Fee, Disbursements and Success Fee for either the entirety of the work we have done or for any relevant period it covers, together with any Cap or limitation we have agreed with you on those sums. We will give credit for any sums received from elsewhere. However, you must pay the net sum due as shown on the invoice.

9.4. Unless we expressly state to the contrary at the time, any invoice we render to you will be a full and final invoice for the period it covers.

9.5. You may have certain rights to seek an independent review by a Court of any invoice, details of which are set out below. Unless we expressly state to the contrary at the time, your time for seeking such a review will start on the date of delivery of any invoice to you.

9.6. By agreeing to the terms set out in the CFA and the Terms and Conditions of Business you agree that we may deliver invoices to you by email.

9.7. Our invoices are due and payable within one month from their delivery. We reserve the right to charge interest at 4% per annum on any outstanding sum.

9.8. We shall be entitled to retain a sufficient element of any money received on your behalf to cover the net sum due under any such invoice and you permit us to use those sums to satisfy any outstanding invoice we may have.

9.9. We will not invoice you in relation to any insurance premium or any third party funding. The premium for any such insurance or any funding is payable by you directly to the insurer/funder. However, by entering into this Agreement you agree that we shall be entitled to retain part of the money you recover to cover any such sums, and you authorise us to pay such sums on your behalf to the insurer/third party funder out of such recovered money.

9.10. It may be that you will receive an interim payment of money. If you do, we will, at our discretion, retain up to 35% of the sum received in our client account until the conclusion of your case, to cover any unrecovered Basic Fee and the Success Fee (and any VAT) payable by you out of your money.

10. Your rights to have your costs assessed by a court

10.1. If you are liable to pay our Basic Fee, Disbursements and/or our Success Fee, we will deliver an invoice to you and you may be entitled to have the amount of that invoice reviewed and independently assessed by a Court.

10.2. The rules relating to such an assessment are set out in Section 70 of the Solicitors Act 1974 and we would be happy to answer any reasonable enquiries you may have in that regard.

10.3. Please note, there are quite tight time limits from the date of delivery of any invoice relating to any such assessment and if they are not complied with, any right to such an assessment may be lost. But, in summary, those time limits are as follows. For one month after its delivery there is an unconditional right to have the invoice assessed and, if this right is exercised, no action can be commenced on the invoice until that assessment has been completed. After that one month period, there is a right, until 12 months have passed from delivery of the invoice, to apply to the court for an assessment, which it may order on such terms as it thinks fit. After 12 months have passed, no order for assessment shall be made unless there are “special circumstances”.

10.4. A different regime applies, however, if there has been “payment” of the invoice. In those circumstances, if an assessment is sought after the initial one month period but before the expiry of 12 months from payment of the invoice, no order for assessment shall be made unless there are “special circumstances”. After 12 months have expired from payment, no assessment can be made (see section 70(4) of the 1974 Act). In this regard, as we have said above, but will repeat here, you will be invited to accept and/or agree any invoice we deliver within one month from its delivery. However, in the absence of receiving any objection or challenge from you, to an invoice we have delivered to you, within one month after its delivery, that invoice will be deemed agreed by you, the sums invoiced will be deemed accepted by you as reflecting our reasonable fees and that your ability to have that invoice independently reviewed and assessed by a Court may become limited as a result.

10.5. You may have a separate right to complain to the Legal Ombudsman and you should note that the Legal Ombudsman may not consider a complaint about a bill if you have applied to the Court for assessment of the bill.

10.6. If you are liable to pay any insurance premium, you would not be able to have any insurance premium assessed since your liability for the premium arises directly from the insurance contract between you and the insurer. You may have separate rights under that contract or through the Financial Ombudsman Service in relation to the premium and these may be found in the terms and conditions of any policy.

11. Storage of Papers and Documents

11.1. After completing the work on your behalf, we are entitled to keep all of your papers and documents whilst there is money owing to us for our charges and expenses.

11.2. We may retain your file in paper format or electronically (or scanned images) or a combination of both paper and electronic formats, after your case is completed.

11.3. We will not destroy any documents you have specifically asked us to deposit in safe custody and should you require the return of any originals then please state this in writing when sending the original documents to us.

11.4. If we are asked to retrieve papers for any reason, we make a nominal charge of £50 plus VAT and any copying charges (or reproduction from scanned or digital image) required at 50p per sheet in addition.

11.5. Should conduct of your case be terminated by either party prior to completion of the work the same conditions in relation to storage and/or retrieval of papers will apply subject also to the payment of any outstanding costs and/or Disbursements.

12 .Explanation of words used

Advocacy - Appearing for you at court hearings.

Award - Money that you win whether by a FOS determination, a court decision or a settlement.

Basic Fee - Our charges for the legal work we do on your claim for damages as set out in the CFA but they will either be on (i) a ‘time spent basis’ for the work we do on your claim at our agreed hourly rates or (ii) based on any fixed recoverable costs we may recover from a third party, whichever is the higher. Our Basic Fee will apply to all work done under the CFA from the date we first commence work on your claim (even if that work was carried out prior to the date of this CFA) until the Agreement ends.

Complaint/Claim/Case - Your demand for a direction or for a money and/or interest and/or costs award whether or not court proceedings are issued.

Disbursements - Payments we make on your behalf.

Finally means that your opponent:

is not allowed to appeal against the court decision; or

is not allowed to pursuant any other appealable route; or

has not appealed in time; or

has lost any appeal.

Formal Offer to Settle - An offer to settle your case made in accordance with Part 36 of the Civil Procedure Rules (where applicable).

Interim damages - Money that your opponent must pay or your opponent agrees to pay while waiting for a final settlement or a final decision.

Interim hearing - A court hearing that is not final.

Lien - Our right to keep all papers, documents, money or other property held on your behalf until all money due to us is paid. A lien may be applied after this Agreement ends.

Lose – Your claim/complaint has not been determined in your favour or you have stopped it on our advice.

Provisional damages - Money that a court says your opponent must pay or your opponent agrees to pay, on the basis that you will be able to go back to court at a future date for further damages.

Success Fee – A fee based on a percentage of the Basic Fee that we add to your bill if you win your case.

Trial - The final contested hearing or the contested hearing of any issue to be tried separately and a reference to a case concluding at trial includes a case settled after the trial has commenced or a judgment.

Win – Your claim is finally decided in your favour, whether by a FOS determination, a court decision or an Agreement to pay you money or in any way that you derive benefit from pursuing your claim.

13. Success Fee

13.1. The Success Fee is set/fixed at 100% of our Basic Fee. This percentage is not set by reference to the risks of your individual case, but is a standard Success Fee which we apply to all cases of this type where we agree to act on a Conditional Fee Agreement. The setting of the standard Success Fee reflects the following;

(i) The fact that we will not earn anything in the cases in which were we are unsuccessful;

(ii) The fact that we will not be paid our Basic Fee until the end of the case even in cases where we are successful;

(iii) The terms on which we act in such cases, including the fact that in the cases in which we are successful the total of any Success Fee, unrecovered Basic Fee and that a client must pay in any given case cannot exceed the Overall Cap;

(iv) The arrangements with our clients about paying expenses and Disbursements, including that we will not normally be reimbursed for any expenses and Disbursements until the conclusion of the case and accordingly fund such expenses and Disbursements in the interim;

(v) The arrangements about payment of our Basic Fee and Disbursements if our clients’ opponents made Part 36 offers in their cases which they reject on our advice; and

(vi) Our experience across a large basket of cases of this type;

13.2. By signing this Agreement, you are expressly acknowledging and agreeing that the Success Fee payable under this Agreement is a fixed, standard Success Fee and is not set by reference to the risks of your individual case and further that you agree that the Success Fee is a reasonable Success Fee.

14. Limit on the amount of Success Fee

14.1. There is a maximum limit on the amount of the Success Fee which we can recover from you. The maximum limit is 100% of your Basic Fee.

14.2. If you do not agree with our calculation and this makes a difference to the amount of the Success Fee payable by you, then we will put the matter for determination by an independent barrister of at least 10 years call, to be appointed by Agreement between us or, in default of Agreement, by the President of the Law Society of England and Wales, such barrister to act as expert and not as arbitrator and his decision shall be binding. The barrister’s costs for assessing this issue are to be paid by you if the barrister agrees with us, but otherwise are to be paid by us.

14.3. You also have the right to apply to the court for assessment of our costs, including our Success Fee. See paragraph (10) of the CFA above for further details. By agreeing to the terms of the CFA and Terms and Conditions of Business, you are agreeing that the standard Success Fee which we charge in all cases of this type is a reasonable Success Fee and by doing so this may limit your ability to subsequently challenge that Success Fee by way of assessment.

RIGHT TO CANCEL AND CANCELLATION NOTICE

You have the right to cancel the contract between yourself and Heirloom Fair Legal, a trading style of FD Law Limited, within 14 days of executing it, without giving any reason.

To exercise the right to cancel, you must inform us by e-mail on mypcpclaim@fairlegal.com or by post to 125 Deansgate, Manchester, M3 2BY of your decision to cancel the contract by a clear statement (e.g. a letter sent by post or e-mail). You may use the attached model cancellation form, but it is not obligatory.

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your

exercise of the right to cancel before the cancellation period has expired.

Effects of Cancellation

If you cancel the contract, we will reimburse, within 14 days of receipt of notice of your intent to cancel, all payments we received from you in respect of the contract, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).

We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.

We will make the reimbursement using the same means of payment as you used for the initial transaction, unless expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

If you requested to begin the performance of services during the cancellation period, you shall pay us an amount which is in proportion to what has been performed until you have communicated to us your cancellation from this contract, in comparison with the full coverage of the contract.

Below is a sample cancellation form, which you may complete and post to us, or you may simply send us an e-mail stating clearly that you wish to cancel the contract and including the same or similar information as to below.

Cancellation Form [*] Delete as appropriate

To: Heirloom Fair Legal

I/We [*] hereby give notice that I/We [*] cancel my agreement with you for the provision of legal services entered into on date:

Name:

File/Reference Number:

Address:

Signed:

Date: