We operate on a no win no fee basis. Our terms range from 15% - 25% + VAT of the gross settlement. For full details regarding our fee scale and cancellation policy see our terms below.
This Terms of Business ("Engagement") sets out the terms and conditions upon which the Client will engage Clear Money Claims as the Client’s Claims Management provider in connection with the proposed Services; YOU ARE NOT OBLIGED TO USE CLAIMS MANAGEMENT SERVICES. YOU MAY CLAIM FOR FREE DIRECTLY TO THOSE YOU HOLD RESPONSIBLE, OR TO A STATUTORY COMPENSATION SCHEME OR OMBUDSMAN.
(a) Please refer to the Initial Disclosure Document, which forms part of our contractual obligations to clients, for further details of our services.
(b) Clear Money Claims will provide advice and Claims Management services to the Client regarding potential regulatory compliance breaches by a regulated firm or firms in respect of any FCA regulated activity resulting in such a firm having liability for the client’s financial losses, including the following;
Clear Money Claims shall offer no form of advice which constitutes Financial Advice under the terms of The Financial Services and Markets Act 2000 [The Acts] and undertakes to offer no other services to the Client, other than those specified herein.
(i) Clear Money Claims shall not be responsible for providing legal advice relating to potential court actions in connection with the above Services and will offer appropriate referrals to legal professionals, if applicable.
(ii) Clear Money Claims shall not offer services in respect of any claims made by the Client, OTHER THAN IN RESPECT OF FCA REGULATED FINANCIAL SERVICES CLAIMS MATTERS.
(iii) Any conflicts of interest shall be declared to all affected parties and instructions determined or confirmed accordingly.
(iv) Clear Money Claims shall be responsible for all direct liaison between Clients and FOS, FSCS and/or PI Insurers.
(v) Clear Money Claims will not be obliged to provide any other advice or services whatsoever unless it expressly agrees to do so in writing.
In consideration of its appointment and the provision of Services as described herein, Clear Money Claims will be paid by the Client AS FOLLOWS:
(i) Fees as follows become due in respect of successful settlements in connection with the services provided;
OUR FEES ARE ALWAYS CHARGED AGAINST THE GROSS VALUE OF ANY SETTLEMENT. Sample calculations:
(a) Settlement of £1 up to £24,999; Fee deducted @ 25% + VAT, subject to a maximum of £5,000. EG £20,000 = £5,000 fee + VAT of £1,000
(b) Settlement of £25,000 up to £49,999; Fee deducted @ 20% + VAT, subject to a maximum of £7,500. EG £30,000 = £6,000 fee + VAT of £1,200
(c) Settlement of £50,000 or above; Fee deducted @ 15% + VAT, subject to a maximum of £10,000. EG £50,000 = £7,500 fee + VAT of £1500
NO Fee is payable in the event that a case is unsuccessful. However, cancellation terms do apply as described below in the section headed ‘CANCELLATION TERMS’.
CANCELLATION TERMS: The Client may cancel this agreement with Clear Money Claims at any time within 14 days of the date of this Engagement, without cost or notice. Any fees paid under the agreement at this time will be refunded in full.
After 14 days; The Client has the right to terminate this agreement by giving written notice and in doing so, will be charged for the reasonable time and costs incurred by Clear Money Claims up to that date, being the lower of either (a) fees at £750 per full calendar month since the date of this agreement and (b) £5,000. Clear Money Claims retains the right to apply and demand the same above terms immediately in the event of material non-disclosure of facts relating to the Services, by the Client. Please refer to Standard Terms - 3. "Reliance upon Information" and to "Standard Terms - Termination".
Clear Money Claims is a specialist provider of advice relating to Financial Services Claims Management matters and is NOT authorised and regulated by the FCA in respect of conducting of investment business in the UK under the Acts, or Under the Conduct of Business Rules ("COBS") and Clear Money Claims will offer no services falling under such definitions.
The acceptance by Clear Money Claims of instructions from the Client under the terms herein may be subject to due diligence by Clear Money Claims, approval by the Clear Money Claims Principal and the Clear Money Claims Standard Terms and Conditions ("the Standard Terms and Conditions"), which follow and form part of this Engagement Letter. Words and expressions defined in this Engagement Letter will (except where the context otherwise requires) have the same meanings as such words and expressions set out therein. In the event of conflict, perceived or actual, between the provisions of this Engagement Letter and the Standard terms and conditions, the former will apply.
This Engagement Letter does not affect or influence any other agreement which Clear Money Claims may, from time to time, enter into with the Client in respect of any other transaction or matter, nor does this Engagement Letter oblige Clear Money Claims to enter into any other agreement for services.
Please note that by entering into or performing its obligations under this Engagement Letter, Clear Money Claims is not representing that it is or will be possible for the Services to proceed to a desirable conclusion. All merits of the Client’s claim(s) are specific to the individual Client’s case, the evidence available and Clear Money Claims’s views on the merits of any case may change as Clear Money Claims becomes aware of additional facts, evidence or circumstances. Clear Money Claims may be dependent upon the Client to ensure that complete supporting information, documentation, client records and data is provided in each case and Clear Money Claims will clearly set out what documentation or file information is required to enable it to fully provide the Services. For the avoidance of doubt, in the event that Clear Money Claims is described henceforth, whether in any document or otherwise, as ‘The Adviser’ it will mean, as between the parties in the terms laid out herein.
Please confirm that this Engagement Letter dated ... / ... / 2023 accurately reflects the accurate terms of agreement between the Client and Clear Money Claims by signing below on this page and also the attached LETTERS OF AUTHORITY in hard copy, then returning the full documents, signed and dated, by post or by scanned to pdf sent via the Client’s personal email address.
Issued by ... R V Baker ... Director.
For, and on behalf of: Elsworth Associates Ltd t/as Clear Money Claims.
To:; Elsworth Associates Ltd t/as Clear Money Claims;
I/ We (the Client) confirm that ALL terms and conditions contained in the Clear Money Claims Terms of Business document dated XXth XXXXXX 2023 addressed to me/us and those terms are agreed and accepted;
Position (only if The Client is a BODY CORPORATE): duly authorised.
a) Clear Money Claims is not authorised to hold client monies. Any such monies to be sent to Clear Money Claims in error under the terms of this Engagement or otherwise will be immediately returned and instructed to be processed via an appropriate account maintained by a nominated and regulated firm (such as Global Currency Exchange Network, our nominated payment services firm) which has the relevant authorisation.
The Client undertakes that he/she will promptly provide or procure to Clear Money Claims, all documents and information concerning the Client’s affairs which is or could reasonably be expected to be relevant to the client’s claim, for the proper provision of the services under the Engagement.
Where the Client supplies information or documentation to Clear Money Claims in the context of any Service or matter connected with the Engagement, Clear Money Claims may rely entirely upon such information without assuming any responsibility for independent investigation or verification thereof.
The Client warrants and undertakes that such information or documentation when taken as a whole and each statement of fact therein will be true, fair and accurate and not misleading, that statements of opinion, intention or expectation therein will be honestly held and fairly based and that there will be no facts not disclosed therein which by their omission make any statement therein incomplete or misleading.
Any reports or papers produced by or on behalf of Clear Money Claims for the Client, in draft and/or final form, will be for the Client’s exclusive use and are prohibited from distribution to other persons (other than the Client’s other professional advisers of whom Clear Money Claims has been informed) unless otherwise agreed by Clear Money Claims in writing.
The Client agrees and acknowledges that the information and opinions given by Clear Money Claims are provided solely for the Client’s benefit and may not be used or relied on for any purpose other than for any transaction or matter connected with the Engagement nor released or conveyed to any other person without Clear Money Claims’s prior written consent. Neither party hereto will, during the continuance of this Engagement or after its termination, disclose to any person, firm or company whatsoever except with the authority of the other party or unless properly required to do so by any regulatory authority, government body or court of law. Any information relating to the business, investment, finances or other matters of a confidential nature to the Client (other than information which has come into the public domain other than through its own default) of which it may in the course of its duties hereunder or otherwise have become aware and each party hereto will use all reasonable endeavours to prevent any such disclosure as aforesaid. The Client acknowledges and accepts that Clear Money Claims may be prohibited from disclosing, or that it may be inappropriate for Clear Money Claims to disclose, information to the Client by reason of law or duties of confidentiality owed to other persons by law. The Client agrees that Clear Money Claims may, if appropriate and on a confidential basis, provide any other Client or firm with which Clear Money Claims is associated or any of their respective professional advisers, with relevant information about the Client or the Engagement, which could assist in the provision of services in connection with the Engagement.
The Client irrevocably and unconditionally agrees to indemnify and hold harmless Clear Money Claims and (in accordance with the Contracts (Rights of Third Parties) Act 1999) each Clear Money Claims employee or appointee from all or any losses, claims, damages, charges, expenses or liabilities arising from services NOT directly provided by Clear Money Claims.
In the event of any failure, interruption or delay in performance of Clear Money Claims’s obligations resulting from acts, events or circumstances not reasonably in Clear Money Claims’s control including, but not limited to, any international crisis, act of terrorism, outbreak of hostilities, adverse change in national or international financial, monetary, economic, political or market conditions, industrial disputes, acts or regulations of any governmental or supranational bodies or authorities, breakdown, failure or malfunction of any telecommunications or computer services, Clear Money Claims will not be liable or have any responsibility of any kind for any loss or damage incurred or suffered by the Client as a result.
Either Clear Money Claimsor the Client may terminate the Engagement at any time under these terms and conditions by giving notice in writing. Termination will be effective upon receipt of such notice unless agreed otherwise. Termination of this Engagement will be without prejudice to any rights, remedies or continuing obligations, in relation to fees and expenses, indemnity, confidentiality, or this paragraph which will continue with full force and effect.
Clear Money Claims is required by its regulator to use voice recording procedures (‘call recording’) when, inter alia, receiving instructions or orders or when giving instructions. As such, ALL calls to and from Clear Money Claims are recorded. Such recordings will be the sole property of Clear Money Claims and will be kept confidential other than to assist in the resolution of any relevant dispute, or as required by law or by regulatory authority, in either case, where reasonable, Clear Money Claims will endeavour to give prior notice of such disclosure to the Client.
Clear Money Claims has put in place systems, controls, procedures and business relationships which are designed to ensure that it serves its clients best interests. This requires it, more particularly, to identify and manage the conflicts of interest which could arise, surrounding its services. The way Clear Money Claims manages the Services is designed to ensure that no conflicts arise, by committing that:
Money Laundering: Clear Money Claims has statutory obligations under its own regulation and the UK Money Laundering legislation and in fulfilment of these obligations will make such enquiries and obtain such references as it considers necessary and make such further enquiries and obtain such further references as from time to time it considers necessary for continuing compliance with its statutory obligations under such legislation. The Client agrees to co-operate with Clear Money Claims with regard to Clear Money Claims’s compliance with these (and any other) statutory and regulatory obligations.
Financial Ombudsman and the Compensation Scheme: The Client acknowledges that the services provided by Clear Money Claims here under are covered by the Financial Services Compensation Scheme and that the Financial Ombudsman has jurisdiction to resolve complaints and disputes.
Complaints: In the event that the Client has any complaints in respect of the services provided pursuant to this Engagement, the Client should inform Clear Money Claims in writing of the details of the complaint, which will be investigated by a director and a full response provided within 28 days.
Entire agreement: This Agreement sets out the entire agreement and understanding between the Client and Clear Money Claims in connection with the appointment of Clear Money Claims in relation to the Services. Variations: No variation of this Engagement will be valid unless it is in writing and signed by a duly authorised person on behalf of each of the parties hereto.
Assignment: The Client agrees that it will not transfer, charge, or otherwise seek to deal in any of its rights or obligations under this Engagement without the prior written consent of Clear Money Claims.
Governing Law: This Engagement will be governed by and construed in accordance with the laws of England and Wales and the parties hereto submit to the non-exclusive jurisdiction of the courts of England and Wales.
Issued by Raymond Vincent Baker - Director, Elsworth Associates Ltd
Standard Terms updated September 2019
TO WHOM IT MAY CONCERN;
The Financial Services Compensation Scheme
and/or Financial Ombudsman Service London
This letter is to confirm that I have given authority to Clear Money Claims to liaise on my behalf in providing advice and guidance in the matter of losses incurred by myself, following my historic investments. Please therefore accept my instruction to liaise, provide all information, documentation or other file copy that may be requested by Clear Money Claims on my behalf.
Please send all information and copy to:
Clear Money Claims Admin Centre, Unit 1 Harlescott Business Park, Harlescott Lane, Shrewsbury SY1 3FG.
If you wish to cease receiving any communications from Clear Money Claims, including but not limited to promotional offers, updates, and notifications, you have the option to opt out by contacting us through the following channels:
Phone: 01743 627218
Please provide your full name, email address, and any other relevant contact information to ensure that we can process your opt-out request accurately. Upon receipt of your request, we will make reasonable efforts to remove you from our communications list promptly.
At Clear Money Claims, our goal is utmost transparency. You'll only be charged a fee if we successfully secure financial redress for you. The success fees can range from 15% to 25% of your settlement, depending on the amount. For more information, click here. In the event that you pursue your claims until the end but they turn out to be unsuccessful, you won't owe any payment. If you decide to cancel your claim after the 14-day cooling-off period but before the process concludes, there may be a cancellation charge. To learn more about cancellation fees, click here.