These are the terms and conditions on which we supply products to you, whether these are goods, services or digital content.
Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms [or require any changes], please contact us to discuss.
Commitments Protection Limited (CPL) is Registered in England and Wales CRN 04450200 Regulated and Authorised by the Financial Conduct Authority FRN 307800 Admin Office: Crown House, 123 Hagley Road, Birmingham, B16 8LD Sales Office: The Anderson Centre, Spitfire Close, Huntingdon, PE29 6XY Tel: 0333 202 7121 Email:firstname.lastname@example.org Web: www.cpluk.net
If we must contact you we will do so by telephone or by writing to you at the email address or postal address you provide to us in your order.
When we use the words ‘writing’ or ‘written’ in these terms, this includes emails.
Our acceptance of your order will take place when we email OR contact you to accept it, at which point a contract will come into existence between you and us.
If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the products and services have been discontinued, because of unexpected limits on our resources which we could not reasonably plan for or because we have identified an error in the price or description of the service.
We will assign a service number to you and we will tell you what it is when we accept your order. It will help us if you can tell us the case number whenever you contact us.
The contract term is for a fixed period of 1 year commencing at the date of contract. After this period, it will revert to a rolling monthly contract for as long as it is in force.
The fee for the Full Personal Review and Solicitor in the Briefcase is variable and can change from time to time. You will always be notified of any fee in advance of your payment and you will receive a receipt and a Client Fee Declaration for any monies paid. All fees are payable in full once you have either made an initial payment to us or asked us to set up a direct debit for 12 months with your personal details.
The Full Personal Review includes numerous financial reviews over a 12 month period, including FCA regulated products (Sect 11.4) and possible Claim Management Activities (Sect 4.3). The fees charged cover the reviews (Sect 11.4) and the administration of any Mortgage Complaints instructed on, from the free Initial Mortgage Assessment. No fees are charged for Claim Management Activity.
The initial Mortgage Assessment is free, and you can then decide which steps to take next if we wish to. The 4 choices are:
1. Keep the Mortgage Assessment and do nothing.
2. Keep the Mortgage Assessment and do it yourselves which will not cost anything
3. Keep the Mortgage Assessment and instruct a 3rd party CMC
4. Keep the Mortgage Assessment and instruct CPL to process, which take around 2 years to complete and may involve the need for an ATE policy and a consumer credit act loan for the solicitors to complete the claim, you may also have to attend court
The mortgage claim can be taken to FOS or the lender or the FSCS without involving solicitors.
The Solicitors may also charge a commission on the proceeds and there may be extra costs to pay.
We may need to pass your details to 3rd parties to complete the claim on your behalf.
There is NO guarantee of ANY claim being successful.
CPL do not charge any upfront monies for Claim Management Activities. All SPMPPI/PPI are investigated by our 3rd party specialists (Sect 11.4) who will charge a success fee agreed with yourself. CPL offer other Claim management Activities outside SPMPPI/PPI
Legal Services will be provided by a firm from or Panel of Solicitors. Where you are referred to a firm who are unable to accept the instructions, for example due to a conflict of interest, we will endeavour to place you with an alternative firm.
The services outlined in our brochure and on our website, are for illustrative of the Financial and Legal Services available through your membership of The Solicitor in the Briefcase Scheme as they exist at the time you accepted our terms.
We may change the services:
(a) To reflect changes in relevant laws and regulatory requirements.
(b) to implement minor technical adjustments and improvements.
We may make changes to these Terms of Business or services, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received. We will endeavour to notify you as early as possible of any significant changes in the services available.
We will supply the services to you until either the services are completed or the subscription expires or you end the contract as described in clause 5 or we end the contract by written notice to you as described in 7.
If our supply of the services is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any services or products you have paid for but not received.
If you do not allow us to perform the services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you we may end the contract and clause 7.2 will apply..
We may need certain information from you so that we can supply the services or products to you. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 7.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result.
We may have to suspend the supply of a service to:
(a) deal with technical problems or make minor technical changes;
(b) update the product to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the services as requested by you or notified by us to you (see clause 4.7).
We will contact you in advance to tell you we will be suspending supply of a service, unless the problem is urgent or an emergency. If we have to suspend the service for longer than 120 days in any period of 1 year, we will adjust the price so that you do not pay for services while they are suspended. You may contact us to end the contract for the service if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 120 days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
If you do not pay us for the services when you are supposed to (see clause 9.4) and you still do not make payment within 14 days of us reminding you that payment is due, we may suspend supply of services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the services. We will not suspend the products where you dispute the unpaid amounts (see clause 9.6). As well as suspending the products we can also charge you interest on your overdue payments (see clause 9.4).
Your rights when you end the contract will depend on the services provided, whether there were any issues with the service provided, how we are performing and when you decide to end the contract:
(a) If the service has been mis-described you may have a legal right to end the contract, see clause 8;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 5.2;
(c) If you have just changed your mind about the service, see clause 5.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the cost of any products or discounts received
(d) In all other cases (if we are not at fault and there is no right to change your mind), see clause 5.4
If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 4.7); we have told you about an error in the price or description of the service or product you have requested and you do not wish to proceed;
(b) there is a risk that supply of the services may be significantly delayed because of events outside our control;
(c) we have suspended supply of the services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 120 days; or
(d) you have a legal right to end the contract because of something we have done wrong
For most products and services bought off-premises you have a legal right to change your mind within 14 days and receive a refund. These rights are contained in the Consumer Contracts Regulations 2013.
Even if we are not at fault and you do not have a right to change your mind (see clause 5.1), you can still end the contract before it is completed, but you may have to pay us compensation. Under the terms of the subscription, this contract is completed at the end of the Contract Period. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately, and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) the sum of the remaining Fees due under the contract.
To end the contract with us, please let us know by doing one of the following:
(a) Phone or email. Call customer services on 0333 202 7121 or email us at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
(b) Online. Complete the enquiry form on our website, www.cpluk.net.
(c) By post. Fill in the form in the TOB (also available online to print off at www.cpluk.net) and post it to us at the address on the form. Or simply write to us at Commitments Protection Limited, Crown House, 123 Hagley Road, Birmingham, B16 8LD, including details of what you bought, when you ordered or received it and your name and address.
If you are exercising your right to change your mind we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due, and you still do not make payment within 14 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services;
(c) you do not, within a reasonable time, allow us to provide the services to you;
If we end the contract in the situations set out in clause 7.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you the sum of the remaining fees due under the contract plus an Administration Fee of £195.00
We may write to you to let you know that we are going to stop providing the product. We will let you know at least 30 days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided
If you have any questions or complaints about the products, please refer to the Complaints Procedures issued. You can telephone our customer service team at 0333 202 7121 or email us at firstname.lastname@example.org or write to us at Commitments Protection Limited, Crown House, 123 Hagley Road, Birmingham, B16 8LD.
We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
The charge for our services is confirmed on your Client Financial Declaration (CFD), and a receipt will be emailed to you.
If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the full subscription period before the change in the rate of VAT takes effect.
You can pay for the whole of the product/service in one go at the outset of the contract period. The preferred method of payment is by Deposit and Direct Debit. Any proposed alternative method of payment must be agreed with prior to start of the contract. Our contracts can be extended to a 12-month period. If payment has been selected to be by DDM, you must make the monthly payment as chosen and agreed.
If you do not make any payment to us by the due date, we may charge you an Administration charge of £30.00 and we may charge interest to you on the overdue amount at the rate of 20% a year above the base lending rate of Barclays Bank Plc from time to time. This interest shall accrue daily from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
If you think your CFD is wrong, please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
If cancellation is made after the 14-day cooling off period, an Administration charge of £195 will be charged to your account. If extra Administration is required to be done on your behalf, we reserve the right to charge at a rate of £95p/hr
CPL do NOT charge upfront fees for Claim Management Activities. If we are to act on your behalf in any Claims Management Activities, we will charge a success fee + vat on any money recovered to yourselves.
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products [as summarised at clause 8.2 OR including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed]; and for defective products under the Consumer Protection Act 1987.
If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
As many of you will know the new General Data Protection Regulation (GDPR) came into force on the 25th May 2018. Part of complying with this is to explain to all Data Subjects how we collect and use data as well as making it easy for them to access and change contact details. This is a statement of the data protection policy adopted by Commitments Protection Limited. Responsibility for the updating and dissemination of the policy rests with The Directors. The policy is subject to regular review to reflect, for example, changes to legislation or to the structure or policies of the business. All staff are expected to apply the policy and to seek advice when required. Commitments Protection Limited needs to collect and use certain types of information about people with whom it deals to operate. These include current, past and prospective individuals within client database, the company’s own employees, suppliers and others with whom the company conducts business. This personal information must be dealt with properly however it is collected, recorded and used – whether on paper, electronically, or other means - and there are safeguards to ensure this in the Data Protection Act 2018. We regard the lawful and correct treatment of personal information by Commitments Protection Limited as important to the achievement of our objectives and to the success of our operations, and to maintaining confidence between those with whom we deal and ourselves. We therefore need to ensure that our company treats personal information lawfully and correctly. To this end, we fully endorse and adhere to the Principles of data protection, as set out in the Data Protection Act 2018.
The processing of personal data is necessary prior to entering into a contract and to the performance of carrying out any contract, the information we hold is totally necessary for us to undertake the services we provide and facilitate on your behalf. To undertake the full range of services we would require additional information regarding general insurances, mortgages and other financial agreements you have or have had in the past, we will only use your personal information to administer your account in the areas you have authorised us to do so.
Email, Post, Text, Phone
(Sect 4.1), and possible Claim Management Activities (Sect 4.3), some of the service reviews are conducted or initiated in house however to ensure this is carried out to maximum effect, this may in some areas involve external third-party involvement to ensure industry regulations regarding all professional services are adhered to across all the areas of the review and possible claims. We will also share information with various solicitors who are governed by SRA rules. You are agreeing for us to share this information. Below is a list of external third-party partners:
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
Each of the paragraphs of these terms operates separately. If any Court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the services, we can still require you to make the payment at a later date.
These terms are governed by English law and you can bring legal proceedings in respect of the products in the English Courts. If you live in Scotland, you can bring legal proceedings in respect of the products in either the Scottish or the English Courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or the English Courts.
CPL is authorised by the Financial Conduct Authority to provide regulated products and services under FRN 307800
CONDUCT OF AUTHORISED PERSONS RULES (2013) CANCELLATION MANDATE AS REQUIRED BY SCHEDULE 3 PART B OF THE CONSUMER CONTRACTS (INFORMATION, CANCELLATION AND ADDITIONAL CHARGES) REGULATIONS 2013
We acknowledge that you instructed us to process your product with CPL however, we recognise that clients may wish to change their mind and we are obliged to provide you with the means to do so. This page will allow you to exercise that option.
Commitments Protection Limited is Registered in England and Wales CRN 04450200
Regulated and Authorised by the Financial Conduct Authority FRN 307800
Sales Office: The Anderson Centre, Spitfire Close, Huntingdon, PE29 6XY
Administration Office: The Quadrant, 49 Calthorpe Road,Birmingham, B15 1TH
Tel: 0333 202 7121 Web: www.cpluk.net Email: email@example.com