Terms and Conditions

These terms relate to the Services supplied to You via the Website and Hand Your Car Back and should be read in conjunction with our standard Terms & Conditions on our Website which shall also apply.

1. In these Conditions

1.1 "You" means the policyholder whose details You have provided to the Company and for whom the Company has agreed to provide the Services in accordance with these Terms.

"Claim" means a claim against Your Advisor, the details of which will depend on Your chosen Service.

"Company" means HHand Your Car Back.com Ltd, company registration number (06715128).

"Company's Standard Charges" means the charges shown in the Company's brochure or other published literature relating to the Service from time to time.

"Compensation" means any compensation paid to You or the Company by the Advisor or their representative arising from the Claim.

"Contract" means the contract with the Company for the provision of the Service.

"Document" includes, in addition to a document in writing any other record of any information in any form relating to the Claim;

"Initial Fee" means the fee of £99.00 payable for the Company to advise You on the viability of Handing Your Car Back and identifying any other related Claim.

"Material" means any Documents or other materials, and any data or other information provided by You relating to the Service;

"Service" means the service to be provided by the Company further details of the nature of the services provided by the Company are set out at clause 5.1 and 5.2 below.

1.2 The headings in these Terms are for convenience only and shall not affect their interpretation.

2. Supply of the Specified Service

2.1 The Company shall provide the Service to You subject to these Terms.

2.2 The Company may at any time without notifying You make any changes to the Service which are necessary to comply with any applicable safety or other statutory requirements, or which do not materially affect the nature or quality of the Service.

3. The Services

3.1 The Initial Fee for the Company advising on the viability of Your Claim in advance through the Website where available or via our customer service team in advance. The Company shall be under no obligation to provide the Service until the Company has sent its information pack to You and until such information pack is received by the Company does not consider a Contract to be in place between the parties.

3.2 By entering into the Contract You are appointing the Company to act as Your exclusive agent and to act on your behalf in relation to all matters concerning Your Claim including, but not limited to:

• 3.2.1 contacting the Advisor to obtain the Documents;
• 3.2.2 advising on the viability of Your Claim;
• 3.2.3 dealing exclusively with the Advisor or its appointed representative;
• 3.2.4 handling all aspects of the Claim on Your behalf as Your duly appointed agent;
• 3.2.5 attending to correspondence, telephone calls and meetings with the Advisor or its appointed representative;
• 3.2.6 Negotiating and settling the Claim.

3.3 If the Service you have selected is advising on handing your car back the Company's Standard Charges will be payable by You for any additional services provided by the Company, for example arranging a appointment with the Advisor for You to return Your vehicle; such charges shall be payable by You to the Company in advance when You instruct the Company to carry out the additional services and payable by credit/debit card via our customer service team.

4. You

4.1 In appointing the Company to provide the Services You undertake during the term of this Contract to:-

• 4.1.1 forward to the Company upon receipt all correspondence and all monies relating to the Claim to enable the Company to deal with such matters with due expediency and the Company shall not be liable for any delay in dealing with the Claim where that delay is as a result of Your breach of this clause 4.1.1;
• 4.1.2 deal promptly with every reasonable request by the Company for authority, information, Documents, and further instructions which the Company may from time to time request.
• 4.1.3 Promptly notify the Company of any relevant matters affecting the Claim;
• 4.1.4 Not act in any manner towards the Advisor or any third party which may in the reasonable opinion of the Company jeopardise the success of the Claim.

4.2 You warrant that the Material You have provided to the Company for the purpose of advising on the merits of the Claim is true, accurate and complete and not inaccurate or misleading in any respect.

5. The Company

5.1 Where the Company is advising on handing your car back the Company agrees:-

• 5.1.1 To provide You with initial advice as to the viability of Your Claim;
• 5.1.2 To give you a clear explanation of the issues involved in Your Claim You have provided to us and keep You informed about the progress of Your Claim;
• 5.1.3 To notify You of the outcome of Your Claim;
• 5.1.4 That where it advises a Claim ought not to be lodged with the Advisor it will notify You of such advice in writing;
• 5.1.5 That where the Claim is unsuccessful there will be no further fees charged to You in respect of the Services, provided that You are not materially in breach of these Terms and for the avoidance of doubt the Initial Fee is not refundable in these circumstances.

5.2 Where the Company is advising on mis-sold insurances the Company agrees:-

• 5.2.1 To provide You with initial advice as to the viability of Your Claim;
• 5.2.2 To give you a clear explanation of the issues involved in the Claim;

6. Quality of the Service

6.1 The Company warrants to You that the Service it provides will be provided using reasonable care and skill. If You are unhappy with the outcome of Your complaint then You may be entitled to refer the matter to the Financial Ombudsman Service.

6.2 The Company shall have no liability to You:

• 6.2.1 If it advises against pursuing a Claim;
• 6.2.2 in respect the Claim is unsuccessful;

6.3 The Company shall not be liable to You or be deemed to be in breach of the Terms by reason of any delay in performing, or any failure to perform, any of the Company's obligations in relation to the Service, if the delay or failure was due to any cause beyond the Company's reasonable control.

6.4 Except in respect of death or personal injury caused by the Company's negligence, or as expressly provided in these Terms, the Company shall not be liable to You by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Terms, for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of the Company, its servants or agents or otherwise) which arise out of or in connection with the provision of the Service or its use by You, and the entire liability of the Company under or in connection with these Terms shall not exceed the Company's charges paid by You for the provision of the Service, except as expressly provided in these Terms.

7. Personal Information

7.1 The information that you provide about yourself to the Company will only be used by the Company in accordance with its Privacy policy. Please read the Privacy policy carefully and if you have any questions please email info@Handyourcarback.com.

8. Termination

8.1 The Company reserves the right to cease work and terminate this Contract with immediate effect should You fail to provide us with a signed Letter of Engagement within 10 working days of requesting our Services.

8.2 The Company may terminate this Contract at any time by giving You not less than 14 days written notice.

8.3 Either party may (without limiting any other remedy) at any time terminate the contract by giving written notice to the other if the other commits any breach of these Terms and (if capable of remedy) fails to remedy the breach within 30 days after being required by written notice to do so, or if the other goes into liquidation, becomes bankrupt, has a receiver appointed, makes a composition or voluntary arrangement with its creditors or enters administration, or a moratorium comes into force in respect of the other (within the meaning of the Insolvency Act 1986).

8.4 Without prejudice to its other rights under these Terms, if the Contract is terminated by either of us under clause 8.1, the Company reserves the right to charge You the Initial Fee together with any further fees and disbursements for any work that is necessary to transfer our files to another advisor of your choice. VAT is charged on all of these amounts.

8.5 Without prejudice to its other rights under these Terms, if the Contract is terminated by either of us under clause 8.2 or 8.3 the Company reserves the right to charge You the reasonable fees and disbursements incurred before termination, together with any further fees and disbursements for any work that is necessary to transfer our files to another advisor of your choice. VAT is charged on all of these amounts.

9. Communications

9.1 The Company will communicate with you by post, telephone and e-mail. The use of e-mail may not be as secure as other forms of communication however unless you instruct us to the contrary the Company shall be entitled to assume that You have no objection to our communicating with You, and sending attachments to You, by e-mail whether in general or for the communication of specific information.

10. General

10.1 These Terms (together with the general terms and conditions on the Company's website) constitute the entire agreement between the parties, supersede any previous agreement or understanding and may not be varied except in writing between the parties. All other terms, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.

10.2 It is the intention of the parties that no person not a party to this Agreement shall have any rights in relation to it under the Contracts (Rights of Third Parties) Act 1999.

10.3 You may not assign this contract or any benefit arising from it without the Company's prior written consent.

10.4 Any notice to be served on either of the parties by the other shall be sent by prepaid recorded delivery or registered post or by e-mail and shall be deemed to have been received by the addressee within 72 hours of posting or 24 hours if sent by e-mail to the correct e-mail address of the addressee.

10.5 No failure or delay by either party in exercising any of its rights under the Terms shall be deemed to be a waiver of that right, and no waiver by either party of any breach of the Terms by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.

10.6 If any provision of these Terms is held by any court or other competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and the remainder of the provision in question shall not be affected.

10.7 English law shall apply to the Contract, and the parties agree to submit to the non exclusive jurisdiction of the English courts.

Definition of Terms

Company means Hand Your Car Back.com Ltd 'we' means the person/s entering into a contract for the provision of the services of the company.

'Contractor' means the signed authority & agreement between you and the company relating to the supply of services incorporating these terms of business.

What Financial Client Review will do for you;

• The company will assess your case and, if appropriate, pursue a claim for redress on your behalf in respect of financial services miss-selling and/or unfair penalty charges and/or for failure to protect your interests through non compliance with Financial Services Authority regulations and standards.
• The company will act as your agent with general authority to process and administer your claim to seek redress.
• The company will evaluate the redress offered to you and let you know if the company considers the sum put forward is fair.
• If deemed necessary, the company will pursue your claim through the Financial Ombudsman Service at no extra cost.

What Financial Client Review will not do;

• The company will not accept an offer of payment on your behalf without your agreement.
• The company will not give you financial advice.

What we expect from you;

• To provide all relevant information in a timely manner so that the company can pursue your claim.
• To provide the company with authority to receive all information and enter into all negotiations on your behalf.

Our Fees

• We charge a one off administration fee of £99.00 which is non refundable.

Insurance claim

• Our fee is 20% plus VAT (at statutory rate) of the total redress amount received or amount saved by you (The Customer).
• If a £10 fee is required to send to the PPI and Gap Policy provider in order to receive a Subject Access Request. This fee is deducted from the £99.00 admin fee and no further fee is required.
• A minimum charge of £75 is applied to all successful insurance or compensation claims.

Cancelling this agreement

• The company can cancel this agreement at any time, in such an event no fee will be payable by you.
• You have the right to terminate the contract by giving written notice to the company within 14 days after signing this contract. Notice should be made in writing to the company and sent by recorded delivery. The company reserves the right to make a cancellation charge of £50.00 if the company has begun to pursue a claim on your behalf. If notice of termination is received after the complaint has been upheld, then the company reserves the right to charge the full fee of 20% plus VAT (at statutory rate) of the forthcoming redress.

Data Protection

• Hand Your Car Back .com will process information in accordance with the Data Protection Act 1988. The company may disclose your information to other and group companies as the need may arise during your claim. Hand Your Car Back .com will not sell or disclose your personal details for marketing purposes without your consent. You can ask us to not disclose your information to any third party by emailing us at info@handyourcarback.com and including OPT OUT in the subject line.

Client Declaration

• I/we confirm that I/we have read and understood the above terms and conditions and by signing below confirm acceptance. I/we authorise Hand Your Car Back .com to act on my/our behalf. I/we confirm that I/we have read and understood the Data Protection statement.

Disclaimer

You have the right to request information that is held about you and to request that we correct any information that is not accurate that we store.

You have the right to stop us from contacting you or giving your details to others for direct marketing purposes.

If you wish to enforce the latter then you should write to us at the following address:

Hand Your Car Back.com Ltd
Abbey Business Centre, Fountain Street, Manchester, M2 2AN

Hand Your Car Back.com Ltd accepts no liability for any loss suffered by the client by entering into this agreement and specifically in the event that no compensation is paid to the client by the company.

Any claim by way of consequential damage arising out of any act or omission or commission by Hand Your Car Back.com Ltd is specifically excluded.

By providing personal information and documents containing personal information, you authorise Hand Your Car Back.com Ltd to process information about you and that of any named individual. The company accepts no responsibility for the advice given and/or for the outcome of any service providers/organisations or entities that are introduced to you. We operate as an advisory service and the information supplied is an indication as to our best interpretation of the information that has been given.

You agree that Hand Your Car Back.com Ltd may pass on your details to a solicitor.

You are aware that this service operates with a non-refundable administration fee.

We may send you information on products and services that we feel may be of interest to you.

We reserve the right to refuse any case that we deem to be fraudulent or against the companies ethical and moral policies.

You are aware that you could complain directly to the company at no cost.