Terms of Business

1. Bentley & Co (UK) Ltd  (hereinafter “B&C”) will:

1. Arrange to have your qualifying credit agreements audited by specialist auditors
2. Where the potential claim is for mis-sold Payment Protection Insurance (“PPI”), arrange completion of a comprehensive questionnaire requesting full details of the sales process that was followed by the insurer/product provider
3. For those agreements that are deemed to be potentially unenforceable, B&C will, if requested, arrange completion of all necessary documentation to commence a claim to pursue:-

1. For defective loan agreements, an action to declare the agreement unenforceable, meaning any remaining balance would be extinguished and no further payments would be required
2. For mis-sold Payment Protection Insurance, an action to recover some or all of the premiums paid plus interest and any other recoverable charges and/or damages
3. Nominate an independent solicitor from its panel of specialists to act for you and to:-

. Put in hand any funding arrangements and insurances

1. Instruct your solicitor to issue proceedings if appropriate and at the proper time
2. Receive the cheque for any damages awarded to you and deduct the agreed amount from those damages
3. Remit the balance of those damages to you in a timely manner
4. Do anything else they consider necessary to further your claim
4. At B&C’s sole discretion, send details of your PPI mis-selling claim to the Financial Ombudsman Service (“FOS”) for their due consideration
5. Inform you of all offers received, whether  considers the offer fair and reasonable or not. B&C and/or your solicitor will advise you whether or not you should accept any offer
6. Keep you informed of the progress of your claim/s by telephone, post and/or electronic means
7. Advise you to discontinue your claim if your circumstances have changed so that your chance of winning has reduced significantly as a result
8. Return any original documents, for example your passport/s. You understand that only original documents will be returned

2. Bentley & Co (UK) Ltd will NOT:

1. Advise you to proceed with a claim that in B&C’s opinion has little realistic chance of success or where the amount in issue would not justify the likely work involved
2. Advise you to accept any offer B&C (or their appointed solicitor) considers inadequate or to reject any offer considered fair and reasonable
3. Accept any offer without your agreement
4. Offer directly to you any financial or legal advice but will, where appropriate, refer you to suitably qualified third parties

3. You agree:

1. To provide B&C and their appointed solicitors with the following:-

i. Signed instruction and authority forms, as requested

2. Original documents to verify your ID, if requested. You understand that your solicitor is legally bound to ask for these and if other electronic means of ID verification are not able
1. To co-operate as fully as possible with all reasonable requests for information
2. To keep B&C and their appointed solicitor informed of any material change in your circumstances, which could give rise to a change in the nature of your claim
3. That you have been told that B&C abides by the Solicitors Introduction and Referral Code and that any solicitor to which they may refer your claim will be an independent professional from which you will receive impartial and confidential advice
4. That you understand you can pursue your case yourself, with or without a solicitor’s help
5. That if it becomes apparent to B&C and/or your solicitor that your circumstances have changed so that your chance of winning has reduced significantly, then B&C may instruct your solicitor to do nothing further on your claim
6. To refer immediately to B&C any offers of settlement received directly from your opponent
7. You have been informed that you may change your mind and cancel this agreement within 14 days and that the solicitor that is recommended by B&C to act for you is free to advise you on any aspect of this agreement, including advising you to cancel the agreement if he/she believes it is not in your best interests

4. Costs

1. If you pursue your case without a solicitor, or if you decide to continue with your claim via B&C or any other solicitor after being advised by B&C that, due to a change in the circumstances, your claim has become unlikely to succeed, then you understand that you will be liable to pay your own legal expenses and, if you lose, to pay the other side’s costs
2. You understand that you are free to choose any solicitor you like, but if you do choose your own solicitor, then you will still be liable to pay the review fee in full and share of any damages received to B&C, plus any other costs B&C have incurred
3. You understand that the Law Society and some solicitors operate a conditional fee agreement scheme under which you would have to buy an insurance policy covering you against having to pay the costs of the other side if you lose. If you win, your solicitor would be entitled to charge an extra “success” fee (not exceeding twice their normal fee)
4. Your opponent may approach you directly and may make an offer to you to settle your claim. you promise that you will not accept any such offer without discussing the matter first with your solicitor and you note that if you do accept any such offer, you will still be liable to pay the full review fee to B&C and you will become liable to pay your solicitor's fees and any monies that they have paid out on your behalf (for example the insurance premium and any court fees)
5. Similarly, if you withdraw before your claim has been concluded, or you fail to respond to reasonable requests for information so that the claim cannot continue, you agree to pay B&C and your solicitor the fees they would have received had you continued with your claim to a successful conclusion
6. Similarly, you will maintain your authorisation of B&C and your solicitor as having the authority to act for you until your claim has concluded. If you fail to do so, for example because your opponent has made a conditional offer of settlement directly to you, then B&C and your solicitor will be entitled to receive from you the fees they would otherwise have received.

5. Jurisdiction

This agreement is governed by English law.