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Terms and Conditions
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The following terms constitute the Terms and Conditions (the "Terms and Conditions") of CIRS Limited to provide claims management services as described below. They will apply to all Causes of Action between the customers and the other third parties, unless varied in writing.

  1. Interpretation For the purposes of these Terms and Conditions:

  2. references to "we", "us" and "our" are CIRS Limited.

  3. references to "you" and "your" are to the person or persons to whom our Terms and Conditions is addressed;

  4. "settlement" refers to the amount of refunded charges agreed to be paid by the bank and includes any interest;

  5. "Deed of Assignment" means the documents to be signed and returned by yourself to CIRS Limited in order to authorise CIRS Limited to act as your claim management agents in all dealings in respect of your claim against the bank and confirming acceptance of these Terms and Conditions.

"bank" means a bank, building society or credit card company.

We give independent claims advice in connection with the services we are providing and  you authorise us to act as your authorised claims management agents when dealing with your bank.

We will obtain specialist legal advice if the claim processes to Court, we use trained solicitors. If solicitors are used they will carry out your instructions in accordance with Law Society Regulations.

2. Conduct

  1. We shall act in your best interests in pursuing any claim for recovery of bank charges obtaining the best results.

  2. We shall carry out our claims services only when you have instructed us to do so.

  3. Where we have given specific advice for you, unless you have requested us to do so in writing, we shall not have any responsibility:
  4. for the continuing validity of that advice;
  5. to advise you about your financial position when changes are made; or
  6. otherwise, to consider your financial position at any time in the future.

3. Scope and basis of our work

  1. The claim management services that CIRS Limited will offer include:
  2. claims advice on your complaint against your bank in respect of:
  3. bank charges applied to your account;
  4. interest payments , including payment protection insurance claims if requested.

  5. any other inappropriate charges or refunds applicable to your account.
  6. assistance in your claim for recovery of charges against a bank following advice provided in accordance with our Terms and Conditions.

  7. Before we are able to evaluate your claim against your bank, we are required to hold and process information about your personal bank accounts. It will be necessary for you, to provide us with details of your personal and financial circumstances and including any offers or correspondence received from the bank in relation to such a claim. We will request any other information and documents that we may need to successfully pursue your claim further. All offers and refund information sent to you by the bank must be disclosed prior to our services being started.

  8. The information and documents provided to us by you will be relied on as being true, correct and complete. You should let us know immediately of any changes that might affect the service and advice we provide you. You must inform us if you have received any money back from the bank in relation to any part of your claim.

  9. During the course of your bank charges claim our claims management agents will require your full instructions. The instructions given to us by you must be clear you must provide all the information we need to be able to provide our service efficiently and promptly. Over the course and Conditions you must not ask us to work in any improper or unreasonable way; you must not deliberately mislead us and you must co-operate with us when asked.

4. Communication

  1. Unless otherwise instructed, all communication shall be sent to you at the address you provided in the information pack, normally by letter sent by normal postal services. We shall send you letters by fax to an agreed fax number only where specifically instructed or where the matter is one which, in our judgment, justifies such method of communication.

  2. We undertake to use our reasonable endeavors to ensure that any e-mails that we send to you are free from viruses and any other material that may cause inconvenience or harm to any other computer system, and you undertake to do likewise with any e-mails that you send to us.

  3. It is implied by the Terms and Conditions that both parties understand and acknowledge that the transmission of e-mails on the internet or otherwise has inherent risks. Neither party shall have any responsibility or liability to each other where any e-mail (whether sent by us, by you) is lost, delayed, intercepted, corrupted or otherwise altered is rendered incomplete or fails to be delivered, except and only to the extent finally determined to have resulted from bad faith or willful default.


  4. We shall act on instructions given by you or, where we have received a notice from you in writing and the receipt of the completed information pack.

  5. We shall accept instructions from you (in person or by telephone), in writing or by e-mail, but we shall not proceed with any claims management services for you until we have received express acceptance of the information pack and signed acceptance of the Deed of Assignment.

  6. When we receive the acceptance of our information pack and our Deed of Assignment, we shall act on them as soon as is reasonably practicable unless specifically requested not to do so.

  7. To enable us to provide the optimum service to you, there may be occasions when we need to contact you. We shall contact you only between 09:00 and 17:00 Monday to Friday on the number provided in the information pack.

5. Costs payable if we are successful with your claim

  1. Our fees are only 10% of the bank charges amount recovered (subject to a minimum of £150) plus any interest, court or legal fees we recover. You agree that we will receive the refund of charges payment from the bank on your behalf.
  2. CIRS Limited reserves the right to negotiate terms in connection with any individual case. The fee scale set out in the table above shall not apply in circumstances where:-
  3. you wish to appeal the amount of an offer received from the bank or
  4. you wish to challenge the rejection by the bank of your claim by appealing to the Financial Ombudsman Service. In these circumstances CIRS Limited reserve the right to provide you with a separate fee estimate and your written agreement to vary these Terms and Conditions with regards to fees shall be required to enable  us to pursue your claim further.
  5. You agree to pay the fee within 14 days of receiving our invoice. Any outstanding balance beyond this date will accrue interest at Barclays Bank Base rate plus 6% until payment is made or terms agreed for payment of the outstanding debt.

6. Rejection of the claim.

  1. Where the claim is rejected we will be entitled to claim all the legal disbursements spent in pursuing this claim.

7. Client Service

  1. Our objective is to provide you with a high quality service to meet your needs. However, if at any time you wish to make a complaint about any aspect of the claims management service you have received please contact the director Graham Cashin at our address.

  2. We undertake to look into any matter carefully and promptly and to do all we can to resolve the position to your satisfaction.

8. Data Protection Act 1998

  1. During the period of our engagement we shall request information about your personal and financial situation from you.

  2. The information that we obtain about your personal and financial situation may constitute "personal data" or "sensitive personal data" under the Data Protection Act 1998 ("the 1998 Act"). By signing these Terms and conditions, you expressly consent that we may:
  3. carry out such processing (whether obtaining, recording or holding) or such data as is necessary to enable us to carry out your instructions;
  4. hold such data in our files for as long as necessary for the purposes of providing claim management services; and in accordance with our internal retention policies (which currently require the files are retained for 6 years), whichever is longer.

  5. If requested by you in writing, we shall (for a fee not exceeding the maximum fee prescribed in the 1998 Act) provide you with details of the data that we hold about you. You undertake to advise us if any such details are incomplete, inaccurate or out of date.


  6. If requested by you in writing, we shall provide you with details of the third parties (referred to in paragraph b above) to which we have disclosed information about your personal and financial situation.

9. Confidentiality

  1. Subject to paragraph 8.2.b above, we shall not, without your prior written consent, disclose any confidential information concerning your personal or financial situation to third parties whom we may consult in relation to our work (save to the extent that the information is in the public domain), unless otherwise required by law, a court of competent jurisdiction, HM Inland Revenue or any other government or regulatory authority.

  2. All information and advise written or oral, or whatever nature, made available by us to you is for your sole use and shall not, without prior written consent, be disclosed or made available to any third party (save to the extent that the information is in the public domain otherwise than by breach of this clause) unless otherwise required by the law, a court or arbitrator of competent jurisdiction.

10. Liability

  1. CIRS Limited will perform all claims management services with reasonable skill and care and acknowledges that it will be liable to you (up to the level of any fees received by CIRS Limited in respect of providing the claims management service to you) for direct losses, damages, costs or expenses ("losses") caused by its negligence or wilful default, subject to the following limitations:
  2. CIRS Limited will not in any circumstances be liable to you for loss of profits, revenue or other types of economic loss; loss and Conditions or contracts; loss of anticipated savings or goodwill; losses arising from loss of data; any losses which arise other than directly and naturally from a breach of contract, or other losses, which a court holds to be consequential, special or indirect; any losses suffered by you arising from any claim against you by a third party for any of the aforementioned types of loss;
  3. CIRS Limited will not be so liable if such losses are due to the provision of false, misleading or incomplete information or documentation or due to any acts or omissions of any person other than CIRS Limited; and
  4. CIRS Limited shall have no other liability of any nature, whether in contract, tort or otherwise for any losses whatsoever and howsoever caused arising from or in any way connected with the provision of the legal service.

  5. Nothing in these Terms and Conditions shall exclude, restrict any liability arising from fraud or dishonesty or other liabilities which cannot lawfully be limited or excluded.

  6. You agree that you have fully considered the provisions of this clause and all the other provisions of these Terms and Conditions and that they are reasonable in the light of all the factors relating to the legal services.

11. Consumer Protection (Distance Selling) Regulations 2000

  1. If you are a consumer (i.e. a person not instructing us for the purpose of your business) and if your instructions have not been given to us at a face to face meeting, the above Regulations apply and we ask that you sign the Letter of Authority confirming that you accept and understand these Terms and Conditions and return it to us as quickly as possible. On receipt of this we will regard ourselves as acting on your behalf.

  2. You have the right to cancel your instructions to us, without any cost to you, within fourteen working days of our receiving these written instructions. You would cancel the agreement by either delivering a note canceling your instructions to our office or by sending it to CIRS Limited by post, fax or e-mail.

  3. You may not, however, cancel the agreement without incurring any cost once we have, with your permission, started to do the work on your behalf within these first fourteen days. By signing and returning the Letter of Authority, you are agreeing that, to avoid delay in the transaction, we may start work on your behalf straightaway and we do not have to wait for the cancellation period to expire.

  4. We shall carry out your instructions as efficiently as possible, but the nature of the instructions means that we are unlikely to be able to perform the contract within the maximum period of 30 days as laid down by the Regulations. By signing and returning the Letter of Authority you are therefore agreeing that we need not perform the contract within a maximum of 30 days.

12. Third Party Rights

  1. A person who is not a party to this agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any terms of this agreement.

13. Commencement, variation and termination

  1. Your continued instructions in connection with your claim will amount to an acceptance of these Terms and Conditions. However, it may not be possible for us to start or continue work on your behalf until your signed copy or copies of the Deed of Assignment are returned to our office.

  2. These Terms and Conditions may be varied or superseded at any time, in writing, by us.

  3. These Terms and Conditions may be terminated by either party, with immediate effect, by giving notice in writing.

  4. If you seek to terminate this agreement after the initial cancellation period set out in clause 11.2 and before CIRS Limited has received either an offer of a payment or a rejection letter from a product provider, you agree to pay to CIRS Limited within 28 days of request a fee calculated by reference to the number of hours spent by CIRS Limited pursuing your claim against the product provider at a rate of £120 per hour.

  5. If you seek to terminate this agreement after CIRS Limited has received an offer of a payment from a product provider, you agree to pay to CIRS Limited within 28 days of request the fees set out in the table in clause 5.1. above calculated by reference to the amount of the payment offered by the product provider at the date of termination.

  6. You may be requested to supply information or complete paperwork for the advisor. If we do not receive the requested documents within 28 days of the initial request we will assume you are terminating our services, without written notification as detailed in clause 13.3. and will pursue the fees detailed in clause 13.iv

14. Invalidity

  1. If any provision (whether in whole or in part) of these Terms and Conditions is held to be illegal, invalid or unenforceable under any enactment or rule of law, such provision or part shall be deemed not to form part of these Terms and Conditions, and the legality and enforcement of the remainder of these Terms and Conditions shall not be affected.

15. Whole agreement

  1. These Terms and Conditions set out the entire agreement between you and CIRS Limited. Neither party may rely on any agreement understanding or arrangement, which is not expressly set out in the Terms and Conditions. The Terms and Conditions shall not be amended, modified, varied or supplemented except in accordance with the provisions of clauses 4.5, 5.5. and 13.2 above.

16. Applicable Law

  1. The Courts of England shall have exclusive jurisdiction in relation to any claim, dispute or difference concerning these Terms and Conditions and any matter arising from them. Each party irrevocably waives any right it may have to object to an action being brought in those Courts, to claim that the action has been brought in an inconvenient forum, or to claim that those Courts do not have jurisdiction.

  2. CIRS Limited is regulated by the Ministry of Justice.