Pre-Contract Information Example

The Documents you will be required to sign are:

  • A Conditional Fee Agreement
  • A form of consent
  • A blank Undisclosed Commissions Form of Authority – Panel Solicitor
  • An Undisclosed Commissions Form of Authority made out to Clear Legal Marketing Limited

The purpose of this short document is to explain why you have received the documents in this way, the purpose of each document and what we are asking your permission to do with your personal data.

The process and the parties involved

We have brought together a team of experts to apply their specialisms to ensure that each part of the process of your claim is dealt with by the most suitable and experienced people to do so and to ensure that your claim is dealt with as quickly, efficiently and cost effectively as possible.

The process is as follows

  • You have provided us with certain key pieces of personal information and will provide us with signed documentation (the CFA, the form of consent and the forms of authority);
  • Clear Legal Marketing Limited will submit a Subject Access Request (“SAR”) to the lender.
  • If necessary, the SAR documentation will be provided to an expert or an agency (JDH Reports Limited) who obtain expert reports and who, in turn, will instruct an expert to obtain an expert report for you in order to value your claim.
  • Once all documents have been obtained (your signed forms, the SAR and, if necessary, the expert report) your case will be reviewed by CLM and passed to one of the panel law firms referred to below.

By signing each of the documents you confirm that you are happy for each of the businesses mentioned to process your data and the above documentation for the sole purpose of progressing your claim for undisclosed commissions.

Conditional Fee Agreement (“CFA”)

This is your “no win, no fee” agreement. Signature of this document confirms that you are happy for one of our panel law firms to act on your behalf in pursuit of your claim for undisclosed commissions based on the terms contained within the CFA. Your solicitor will provide you with further information when they sign and return your executed CFA to you.

You will notice that we have not inserted the name of the proposed law firm within your CFA. The reason for this is that we have a panel of law firms with whom we work and who are specialists in claims against lenders arising from undisclosed commissions associated with PPI (“Plevin claims”). Details of the panel members are contained in our privacy policy.

Not only are these firms specialists in Plevin claims, but they are also each specialists in Plevin claims of particular values. We won’t know the likely value of your claim until we have undertaken the process outlined above. For that reason, we don’t know at this stage which law firm will represent you and it is for this reason that the identity of the law firm that will represent you is not contained within the CFA. Once we have undertaken the process and identified which law firm from our panel is the right firm for you, we will pass all paperwork to that law firm who, in turn, will execute your agreement and send a signed copy to you. Once received, you retain a “cooling off” period of 14 days in which to cancel that agreement at no cost to you should you wish to do so.

The form of consent

By signing the form of consent you are confirming that you are happy for each of the businesses referred to above to process your personal data in order to progress your claim.

The blank undisclosed commissions form of authority – Panel Solicitor

Lenders often won’t engage with a party who is authorised to act on behalf of someone pursuing a claim unless they have a document that expressly confirms this to be the case. By signing this form of authority you will be authorising the relevant law firm to act on your behalf, and this document will be provided by that law firm to the lender as evidence of their authority to represent you.

The undisclosed commissions form of authority made out to Clear Legal Marketing Limited

As mentioned in the description of the process above, Clear Legal Marketing Limited will be the party who will submit an SAR on your behalf. By signing this form of authority you are permitting us to take this step for you.

HOW DO WE GET PAID?

Clear Legal Marketing will receive a marketing fee from the panel law firm for obtaining the documentation and making the introduction to you. In addition CLM will receive a fee from JDH Reports Limited for recommending you use their valuation services. Please note that these fees are not deducted from your compensation. If you would like to know the exact amount of these fees then please feel free to ask us.

EXPLANATION OF THE CFA (NO WIN, NO FEE AGREEMENT)

What will it cost me?

If your claim is unsuccessful, provided that you have complied with your obligations under the CFA and your ATE insurance policy, you will not have to pay anything. Your solicitor will not charge for their time and any expenses, disbursements and adverse costs will be covered by the ATE insurance policy (if you have elected to take out such a policy of insurance).

If your claim is successful, you will pay your solicitor no more than 42% of the damages that you recover plus the cost of the ATE insurance premium of £166.88 (if you have elected to take out such a policy of insurance – please note the cost may be higher if the value of your claim exceeds £10,000. In those circumstances your solicitor may also be able to claim for other legal costs from your opponent).

We have included below for illustration purposes, a table showing your solicitor’s charges and the ATE cost based upon the amount of your damages recovered This is not to be taken as an estimate of the amount likely to be recovered for you.

Amount of damages recovered Solicitor’s charge ATE Insurance Premium Balance payable to you
£3,000.00 £1,260.00 £166.88 £1,573.12
£5,000.00 £2,100.00 £166.88 £2,733.12
£10,000.00 £4,200.00 £166.88 £5,633.12

What do I need to do?

You will need to provide instructions to your solicitor in an honest and timely manner and you will need to keep your solicitor updated with your contact details. If you breach your obligations under the CFA then your solicitor may charge you for their time spent on an hourly rate and for all expenses incurred, and which could be more expensive than the proposed charge under the CFA. The solicitor’s hourly rates will be referred to in their client care letter when they first write to you.

How will you and my solicitor keep me updated?

Once you have returned your signed paperwork we will follow the process outlined above. If your claim is one that one of our panel law firms will take on then you will receive the executed CFA from your solicitor along with other paperwork such as a client care letter that explains the process going forward. Your solicitor will update you as to progress either by letter or email and by telephone as appropriate.