The following areas are covered in these terms of business:
- Who we are
- Unregulated Law
- Service standards
- Our contract with you
- Hours of business
- Anti-money laundering obligations
- Financial matters
- Professional indemnity insurance
- Equality and diversity
- Data protection
- Limitation of liability
- Applicable law
- Ending our services
- General Terms and Definitions
1. WHO WE ARE
This website is operated by Case to Answer Limited (“we”, “us”). Case to Answer Limited is registered in England and Wales under company number 11616553 with its registered office at Fraser House, South Road, Lancaster, LA1 4XQ.
Case to Answer Limited is registered with the UK Information Commissioner’s Office (ICO) under registration number ZA560316.
We are committed to safeguarding the privacy of the personal information that is provided to us or collected by us during the course of our business, as well as the personal information we receive from visitors to our website.
When we do so we are regulated under the General Data Protection Regulation (GDPR) which applies across the European Union and the United Kingdom and we are responsible as ‘controller’ of that personal information for the purposes of those laws.
2. UNREGULATED LAW
Case to Answer Limited is an unregulated practice which is dedicated to providing high calibre, unreserved legal advice to our partners. Although we are unregulated, all legal services are provided by our high qualified and experienced lawyers who have chosen to practice in an unregulated manner. There are companies within our group which are regulated by the SRA and where it is necessary, regulated support is available.
It is important to note, CTA Limited is not regulated by the SRA or the Bar Standards Board (BSB). Case To Answer Limited (CTA) is an unregulated law firm that does not carry out any reserved legal activities within the meaning of the Legal Services Act 2007. CTA Limited is not regulated by the Financial Conduct Authority (FCA) as it does not carry out claims management activities or financial promotions, as defined by the Financial Conduct Authority (FCA).
3. SERVICE STANDARDS
We aim to provide you with high standards of service at all times.
- Keep you regularly informed in writing of progress with your matter;
- Communicate with you in plain language;
- Explain to you in writing the work which is required as your matter progresses;
- Keep you advised of the likely timescales for each stage of this matter and any material changes in those We will make every effort to complete the services as quickly as we can but how long a claim takes will depend on how quickly a lender deals with a claim, or whether a claim has to be referred to the FOS. There may be a few delays outside our control.
- We may ask for your documents from your lender by making a Data Subject Access Request (DSAR). You will not be charged for a DSAR even if we win your claim. We need a DSAR if you cannot provide details about your loan agreement etc.
- You agree that you will provide any information we request and return any documents we need you to return to us as soon as reasonably possible to allow us to provide the services to you.
To achieve the best possible outcome, we need to work together with you.
- Update you regularly;
- Review your matter regularly;
- Follow your instructions; and
- Share responses from the banks with you and your team;
- Update you on whether the likely outcomes still justify the likely costs and risks associated with your matter whenever there is a material change in circumstances.
We do not:
- Guarantee the success of any claim, or the value of any financial award.
- We are not responsible for any loss or damage that is not foreseeable.
You need to:
- Provide us with clear and timely instructions; and
- Provide us promptly with the information and documents required to complete the
4. OUR CONTRACT WITH YOU
There are terms and conditions on the services we supply to you. This is subject to the contract we have in place with you.
Before you sign your Letter of Authority, please read the terms and conditions carefully. If you think there is a mistake, please contact us to discuss it and please sure you ask us to confirm any changes in writing to avoid confusion.
The terms are binding upon you and us once the Letter of Authority has been signed.
5. HOURS OF BUSINESS
Our office hours are from 9.00 a.m. to 5.00 p.m. Monday to Friday.
6. EMAIL AND SMS
We will correspond with you by e-mail unless you advise us in writing that you do not wish us to do so. On occasions we will send you information via SMS. You acknowledge that e-mail may not be secure and that it is possible that e- mails can transmit computer viruses and other damaging items which it is not possible to completely eliminate. E- mail will be treated as written correspondence and we are entitled to assume that the purported sender of an e-mails the actual sender and that any express or implied approval or authority referred to in an e-mail has been validly given.
7. ANTI-MONEY LAUNDERING OBLIGATIONS
EVIDENCE OF IDENTITY
The law requires solicitors, banks, building societies and others to obtain satisfactory evidence of the identity of their client and people related to the client or their case. If you have provided Case to Answer Limited with your identity documents, we may have to verify your identity during the claim process and we will keep you advised of this.
We are under a professional and legal obligation to keep details of your case confidential. This obligation, however, is subject to a statutory exception, which may require a solicitor who knows or suspects that a transaction on behalf of a client may involve money laundering or terrorist financing to make a disclosure to the Serious Organised Crime Agency.
If we are required to make a disclosure in relation to your matter, we may not be able to inform you that a disclosure has been made. We may also have to cease acting in your matter for a period of time and may not be able to tell you the reasons for it.
9. FINANCIAL MATTERS
When we have to pay money to you, it will be paid by cheque or, if you prefer, by bank transfer. Please note that if you require a bank transfer, we will need you to complete a bank transfer form with your bank details and there will be a bank fee charged. Damages will not be paid in cash or to a third party.
Our charges will be calculated by reference to the terms of the contract we have in place with you.
Refer to your individual agreement.
11. PROFESSIONAL INDEMNITY INSURANCE
Under the Professional Indemnity Rules, we are required to take out and maintain qualifying insurance. Details of our insurance can be found at our office or you can contact us to request this information.
12. EQUALITY AND DIVERSITY
We are committed to promoting equality and diversity in all of our dealings with clients, third parties and employees. Please contact us if you would like a copy of our equality and diversity policy.
13. DATA PROTECTION
In order to manage our business and provide our services to our clients, we are required to collect a certain amount of personal data. “Personal data” means data relating to a living individual who is or can be identified either from the data or from the data in conjunction with other information.
We will use your personal data only for the purposes and in the manner in compliance with the General Data Protection Regulation ((EU) 2016/679) (the GDPR) and any implementing legislation.
14. LIMITATION OF LIABILITY
Our liability to you for a breach of your instructions shall be limited to £3,000,000 or such other higher amount as expressly set out in the letter accompanying these terms of business. We will not be liable for any consequential, special, indirect or exemplary damages, costs or losses or any damages, costs or losses attributable to lost profits or opportunities.
15. APPLICABLE LAW
Any dispute or legal issue arising from our terms of business will be determined by English law and will be submitted to the exclusive jurisdiction of the English courts.
16. GENERAL TERMS AND DEFINITIONS
When we use the following words in these terms, this is what they will mean;
- Claim – A claim (or claims) against a lender (or lenders) including any referral to the FOS or the FSCS (if the lender is no longer trading) that you are instructing us to make on your behalf.
- Event outside our control: Any act or event beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial action by other organisations, civil commotion, riot, terrorist attack or threat of terrorist attack, war, fire, explosion, storm, flood, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
- Fee: Our fees are subject to Regulatory Change and will be charged at the prevailing maximum rate.
- Financial award: A reasonable offer of recompense you receive from the lender made in accordance with FOS, FCA and FSCS guidelines or any other reasonable offer for payment protection insurance charges, including life cover and critical illness cover if this is combined. This includes payment towards arrears or a loan balance and any interest awarded before tax is deducted.
- Lender: The company (or companies) against which you want to make a claim (this may be an intermediary such as a broker).
- FSCS: Financial Services Compensation Scheme.
- FOS: Financial Ombudsman Service.
- Letter of authority: The letter containing your instruction and authority for us to act on your behalf in relation to a claim.
- Instruction: Your instruction to us to provide the services contained in the letter of authority.
- Services: Investigation into whether you have a claim, making a claim (where appropriate) on your behalf and all associated services.
- Terms: The terms and conditions set out in this document.
- We, Our, Us: Case to Answer.
17. FINANCIAL CONDUCT AUTHORITY
Case to Answer Limited is not authorised by the Financial Conduct Authority. However, we maintain the standards of the Financial Conduct Authority regulations so that we can carry on insurance distribution activity, which is broadly the advising on, selling and administration of insurance contracts. This is part of our business, including arrangements for complaints or redress if something goes wrong, is regulated by the Solicitors Regulation Authority. The register can be accessed via the Financial Conduct Authority website at www.fca.org.uk/firms/financial-services-register.
18. ENDING OUR SERVICE
You may end your instructions to us within a cooling-off period of 14 calendar days of the date you return your signed Letter of Authority. To cancel, please contact us verbally or in writing. If you cancel within the cooling-off period, you will not have to pay us anything.
We may decide to stop acting for you only with good reason, for example if there is a conflict of interest. We must give you reasonable notice that we will stop acting for you.
At Case to Answer Limited, we are committed to dealing with our clients fairly and to providing them with an excellent service. Unfortunately there may be occasions where we may not always get things right so if something has gone wrong, we would ask you tell us and we will do all we can to put things right.
HOW DO I MAKE A COMPLAINT
If you wish to make a complaint, direct your complaint to our Legal Director.
You can contact us in writing or via email.
Please send an email to email@example.com, or write to us at Fraser House, South Road, Lancaster, LA1 4XQ.
To help us to understand your complaint, and in order that we do not miss anything, please tell us:
- Your full name and contact details
- Where you think we have gone wrong.
- The outcome you hope to achieve as a result of your complaint
- Your file reference number (if you have it)
If you require any help in making your complaint we will try to help you.
HOW WILL YOU DEAL WITH MY COMPLAINT?
We will record your complaint centrally.
We will write to you within three working days acknowledging your complaint, and will enclose a copy of this policy
We will investigate your complaint. This will usually involve:
- Reviewing your complaint
- Reviewing your file(s) and other relevant documents
- Speaking with the person who dealt with your matter
We may also need to ask you for further information or documents. If so, we will ask you to provide the information within a specified timescale.
We will update you on the progress of your complaint at appropriate times.
We will be happy to discuss the matter with you over the telephone. We may also, if appropriate, invite you to a meeting to discuss your complaint. You do not have to attend if you do not wish to or if you are unable to.
We will write to you at the end of our investigation to tell you the outcome and what we propose to do to resolve your complaint. We will aim to do this within 21 days of the date of the initial letter we send to you.
WHAT IF I AM NOT SATISFIED WITH THE OUTCOME?
We hope that you will be happy with the way we have handled your complaint, if not we would ask you to contact us again to give us a further opportunity to resolve any outstanding concerns you may have.
If you are still unhappy you can ask the Legal Ombudsman to look into your complaint. You can contact the Legal Ombudsman:
- By post at PO Box 6806, Wolverhampton, WV1 9WJ
- By telephone: 0300 555 0333, or
- By email: firstname.lastname@example.org
You must usually refer your complaint within six months of our final written response to your complaint and within six years of the act or omission about which you are complaining occurring (or within three years of you becoming aware of it). Further details are available on the website: legalombudsman.org.uk .
WILL THERE BE COST FOR HANDLING MY COMPLAINT?
We will not charge you for handling your complaint.
Please note that if we have issued a bill for work done on the matter, and all or some of the bill is not paid, we may be entitled to charge interest on the amount outstanding.
The Legal Ombudsman service is free of charge.